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...
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...

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...
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[...]
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[...]

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...

Probation period under Vietnam Labor Law.

Question: I’m reaching out to seek your advice on the policy for probation period. At present we have 2 months’ probation policy being followed in Vietnam. However, we intend to increase the probation period to 6 months owing to the fact that we likely would be hiring employees with deep solution...
Leave Category details of Vietnam Labor Code

Leave Category details of Vietnam Labor Code

Foreign investor: Before setting up company in Vietnam, we would like to know regulation of leave category details of Vietnam Labor Code: -How to decide leave – 12 days annual leave? -How to apply annual leave? Accident , Medical , Personal leave (as below) – Proof document required? Personally Paid Leaves - Three days for...
The labor code 2012

The labor code 2012 of Vietnam

The Labor Code 2012, which is the prescribed law in the territory of Vietnam, specifies the rights, obligations and responsibilities of the employers and the employees. This Code is applicable to the following[...]
the rights of employees

Right of employer and employees under Labor Code 2012

Under the law, the employees have the following rights and duties[...]