labor law

Allownces under Labor Code

In addition to Salary, the Employer can pay allowance to Employee. Rate and type of each allowance shall be very much depended on mutual agreement between Employee and Employer[...]
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,...

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,...

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...
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...
commission for insurance contracts

Set up a company providing HR Service in Vietnam

Investor: Can you tell me what the requirements are to set up a company that will provide HR Service in Vietnam? What criteria do we need to meet and is there a minimum investment level? Lawyer: Vietnam Law does not impose any minimum investment capital for setting up a HR Service...
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[...]
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...

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...
holidays

Vacation, holiday & leaves

Annual Leave According to Article 111 any employee who has completed 12 months in full to work for an employer is entitled to leave twelve (12) working days fully paid[...]