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

We need work visa, business visa in Vietnam

Question: We need work visa,Business visa in Vietnam, please advise. Answer: I was entrusted to provide you legal advice regarding to obtainment of work permit for foreign employee. Under Vietnam Law, foreigners who enter into Vietnam for working shall be required to obtain work permit. In order to obtain work permit, such...
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,...
Legal advice regarding Labor issues

Legal advice regarding Labor issues

Question: We would like to sign an annual contract for legal advice regarding Labor issues such as: -          Latest update Labor Code, Decrees, Circulars for implementation -          Legal advice in term of Labor Conflict/ Labor Relations/ Disputes -          Review HR Paper documents according to the regulation changes… -          Other advices as best practice.   I think it is normal...

Obtainment of Vietnamese Judicial Record, Work Permit, Temporary Residence Card for foreigner working in Vietnam Service

We understand that currently you are looking for a professional law firm to assist you in respect of obtaining Vietnamese Judicial Record, Work Permit, Temporary Residence Card for foreigner working in Vietnam. Therefore, we are grateful to set our legal services proposal for your review and consideration as follows: ...