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

Procedure for recruiting local citizen in Vietnam to work for foreign employer.

Question: We are foreign company and  just want to know if we want to employ a local people, do we need to find  recruiting agency or can we just post recruiting message on local newspaper? I have found Decree 75/2014/ND-CP (article 6?) somewhere states the procedure for recruiting local citizen...

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...

Representative office issues

Question: Our company want to employ one people in Vietnam for liaison/ seeking business opportunity. Is it necessary for us to set up a RO for this purpose? What are the details we need to beware if we need to set up a RO/hiring people(i.e. employment contract(MOLISA), tax issues (Personal Income...
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...
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[...]
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...