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...

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...
employers in Vietnam

Compulsory insurance of employees and employers in Vietnam

Q: We are a foreign invested company in Vietnam and our company has one employee (58 years old) and another one (nearly 50 years old), does our company have to participate compulsory insurance for these employees? A: Regarding to your question, we would like to advise as follows: 1.For the people...
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[...]

Work permit in Vietnam for shareholder of company.

Question: Hi. I'm planning to establish a company in Vietnam and would need to apply for a work permit. I'm French citizen and consultant for more than 15 years. What would be the procedure and time frame and how much would it cost to get a 1 or 2 year...

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...

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...
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[...]
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...