Labor contract

Labor contract under labor code 2012

The employer and employee have to enter into a labor contract for the work which is the agreement regarding the work conditions, rights and obligations of each party[...]
legal updates 003

Small Business / Satellite Office

Client: We are a small software company in Orange County, Ca USA. We have employed a Vietnamese citizen for approx 5 years on an H1B US Visa. He is now required to travel back to Vietnam and we would like to continue to employee him legally. I was hoping to...

Should the company still have to pay salary for lockdown period?

Question: We want to ask 2 case: 1 – The company has to cease the working due to lockdown because of Covid 2 – The employee can not come to work due to they have to be lockdown Should the company still have to pay salary for lockdown period? Answer: We would like...

Vietnam-Unused Annual Leave

Question: If an employee has 14 days annual leave this year, but he terminated in this May with 9 days unused annual leave. Does employer pay for the unused annual leave and how to calculate it? Is the formula correct?   Monthly salary/26*unused days.   Answer:   In case the Employee legally terminate the employment contract, he/she...

To increase by 8% of pensions, monthly allowances for subjects for officers

On July 15, 2016, the Labor, War Invalids and Social Affairs issued the Circular No. 23/2016/TT-BLDTBXH guiding the adjustment of pensions, social insurance allowances and monthly   allowances   according   to    the    Decree   No. 55/2016/ND-CP dated June 15, 2016 of the Government. In accordance with the regulations in this Circular, to increase...
Legal advice on labor contract affected by Covid 19.

Legal advice on labor contract affected by Covid 19.

Question: Hello, I have some questions regarding the current COVID-19 Situation and employment resignation. I am currently employed under a legal fixed term contract. However, the current COVID-19 situation has affected my home country. And our company has already offered repatriation for its citizens who choose to go back home. So, my questions...

Consultant for labor disputes

Question: I have been working in Vietnam from 2005. My previous job was in Hai Phong, I have no issues with my employment there, legally. Recently, I decided to move to Hanoi, new company but unfortunately, not a good decision though. I started there on 19th April 2018, as a Technical Manager,...
Vietnam Labor code

Q&A on Vietnam Labor code

SBLAW would like to provide the foreign invested company (FIC) in Vietnam some information on Vietnam Labor Code through Q&A form: Q: In which currency the salaries should be paid? A: Under Vietnam Law on foreign exchange, all transactions made within territory of Vietnam must be made by VND. Thus, currencies...
employers in Vietnam

Compulsory insurance of employees and employers in Vietnam

Q: We are a foreign invested company in Vietnam and our company has one employee (58 years old) and another one (nearly 50 years old), does our company have to participate compulsory insurance for these employees? A: Regarding to your question, we would like to advise as follows: 1.For the people...
Setting up a foreign invested company

Setting Up HR Company in Vietnam

Client: I run a company that provides two service lines (one recruitment and one that is talent advisory / consulting). Would there be any restriction on setting up a rep office for the talent advisory part of our business? If it is possible to do so it would be great...