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...

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...

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...
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[...]
Annual leave under Labour Code

Annual leave under Labour Code

Question: We are a FDI company and would like to know the regulation on Annual leave under Labour Code  of Vietnam. Now, under the regulation of our company, the firm applies an annual leave policy of 20 days for the employees who sign labor contracts with a term of 1 year or...

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,...
legal updates 003

Small Business / Satellite Office

Client: We are a small software company in Orange County, Ca USA. We have employed a Vietnamese citizen for approx 5 years on an H1B US Visa. He is now required to travel back to Vietnam and we would like to continue to employee him legally. I was hoping to...

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...

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...
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[...]