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...
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[...]
the rights of employees

Right of employer and employees under Labor Code 2012

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

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...
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...

New salary policy to come into force from August 2021

According to the provisions of Resolution 50/NQ-CP dated May 20, 2021 on the Action Program to implement the Resolution of the 13th National Congress of the Party, the Government has officially assigned the Ministry of Home Affairs to carry out the task "Building and implementing a new salary regime";...

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...
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[...]

Vietnam-Unused Annual Leave

Question: If an employee has 14 days annual leave this year, but he terminated in this May with 9 days unused annual leave. Does employer pay for the unused annual leave and how to calculate it? Is the formula correct?   Monthly salary/26*unused days.   Answer:   In case the Employee legally terminate the employment contract, he/she...