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...
Vietnam Labor Consult

Q&A: Vietnam Labor Consult

Q: We are a Foreign invested company in Vietnam and a local person who work for us was dead from car accident, now we want to know whether our company should indemnify his family or not, and how much will our company pay according to Vietnam Law if we are obligated to pay. A: Under Vietnam...

Procedure for recruiting local citizen in Vietnam to work for foreign employer.

Question: We are foreign company and  just want to know if we want to employ a local people, do we need to find  recruiting agency or can we just post recruiting message on local newspaper? I have found Decree 75/2014/ND-CP (article 6?) somewhere states the procedure for recruiting local citizen...

Labor regulation and employee benefit under Vietnam Law

SBLAW would like to brief on labor regulation and employee benefit under Vietnam Law as follows: Labor Contract Labor Contract shall be entered with the Employee directly, unless the employee is from 15-18 years old. Labor contract for a period more than 3 months, must be executed in writing...

New salary policy to come into force from August 2021

According to the provisions of Resolution 50/NQ-CP dated May 20, 2021 on the Action Program to implement the Resolution of the 13th National Congress of the Party, the Government has officially assigned the Ministry of Home Affairs to carry out the task "Building and implementing a new salary regime";...
Land Tax for Foreign Contractor in Vietnam

Labour law query

Client: I am contacting you from a London based  company with a labour law query. My query  relates to  the validity/ acceptance of an Independent  Contractor operating  for GSM in Vietnam. Would you be able to assist with this type of query ? If you are able to provide advice, please confirm...
Time limit for voluntary execution of a judgment is 10 days

(Q&A) Quotation – Labor Law in Vietnam

Q: We are a foreign invested company in Vietnam and would like to find a labor lawyer in Vietnam. Could you please provide us quotation of below questions: Local Employee: 1.    In agreement between employee and employer, could employer pay severance allowance to employee now (before termination LB)? 2.    If employer pay severance allowance now,...

BENEFITS OF EMPLOYEE UPON TERMINATION OF THE LABOUR CONTRACT DUE TO DEATH

The Client is an foreign Embassy in Vietnam. On 16th August 2016, the Embassy and the Employee signed the undefined labour contract and the Employee started work for Embassy from 16th August 2016. The regimes and benefits that the Employee is entitled to under the labour contract including: a) The...

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...
Pregnant business woman article

Maternity Leave under Labor Code

The female employee is entitled to take leave before and after birth, collectively of six months[...]