Inquiry into establishing a trade union organization within six months of operation

Question: I read your article regarding trade union. My understanding based on your article is that in accordance with "Decree  No. 98/2014/ND-CP dated October 24, 2014" which takes effect from the 10th of December 2014: 1. Enterprises need to establish a trade union within 6 months from its operation. 2. If an enterprise...
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...
Tet leaver and holiday

Holiday & Tet Leave

According to Article 115 of the Code, the employee shall be entitled to the following public holidays and the same shall be fully paid leave[...]
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...

IN THE CONTEXT OF COVID-19, WILL THE COMPANY BE RESPONSIBLE FOR PAYING WAGE ON CEASING WORK IN CASE EMPLOYEES REFUSE TO COMPLY WITH THE “3 ON-SITE” PLAN?

Question: Dear Lawyer, during the period of social distancing in line with Directive No.16/CT-TTg, our Company are currently developing and implementing the “3 on-site” plan (working, eating, resting at factories) for our employees to ensure both disease prevention control and economic growth.  Even so, in the process of implementing the plan, some employees...

Advice on obtaining work permit in Vietnam

Question: I want apply for work permit in Vietnam. What procedures do I need to do? Answer: We noted that you would like to seek for legal advice regarding to obtaining work permit in Vietnam. Before moving forward to further step, could you let us know: + Are you working for any company duly established...
Social insurance law

Social insurance under law on social Insurance

The Law on Social Insurance, 2006 is a law providing for social insurance regimes and policies, the rights and responsibilities of insured laborers, agencies, organizations and individuals; social insurance organizations[...]

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...
Rest hours under Labor Code in Vietnam

Working hours under Vietnam Labor Code

The normal working hours prescribed under law is a maximum of 8 hours a day or 48 hours a week and the employer shall have the right to determine[...]

Employment contract review in Vietnam

Client: Good day! I just received a update from my client and they have the following queries w.r.t employment contract and legal advice provided, 1.       The employee is recruited at executive level relating to sales and some time need to liason with company employees from different time regions . We would not...