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...

Process of applying for Working permit

Question: I'm Peter from UK, I'm trying to solve an issue with the process of applying for Working permit - since november 13th all teaching certificates must be legalized but the UK Embassy does not legalize , they told me to legalize in UK but now i am in...
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[...]
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...
Employer's responsibility on paying social insurance for employee

Employer’s responsibility on paying social insurance for employee

We understand that you requires us to advise on whether the Employer's responsibility on paying social insurance for employee. According to the Article No. 2 of Vietnam Law on Social Insurance, it is stipulated that: - Employee working under the seasonal labor contract or labor contract for specificic works having terms...

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 regarding Labor issues

Legal advice regarding Labor issues

Question: We would like to sign an annual contract for legal advice regarding Labor issues such as: -          Latest update Labor Code, Decrees, Circulars for implementation -          Legal advice in term of Labor Conflict/ Labor Relations/ Disputes -          Review HR Paper documents according to the regulation changes… -          Other advices as best practice.   I think it is normal...
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...
termination-labour-contracts-of-redundant-employees-due-to-organizational-restructure

Terminating labor contracts with redundant employees

We understand that your organisation, (hereinafter referred to as “Client”) is now seeking legal advices for conducting necessary procedures for terminating labor contracts with redundant employees due to organizational restructure of your subsidiary in Vietnam. We therefore are grateful to present you our Legal Services Proposal for your review and...
the rights of employees

Right of employer and employees under Labor Code 2012

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