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...
Vietnam Labor code

Q&A on Vietnam Labor code

SBLAW would like to provide the foreign invested company (FIC) in Vietnam some information on Vietnam Labor Code through Q&A form: Q: In which currency the salaries should be paid? A: Under Vietnam Law on foreign exchange, all transactions made within territory of Vietnam must be made by VND. Thus, currencies...
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[...]
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...

Legal advice regarding to labor contract termination

This is relation to the conservation between us from which we were requested to provide legal advice regarding to labor contract termination between your Company and an employee due to the expiry of labor contract.   We further understand that such employee is chairman of Trade Union Committee of your company...

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";...
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...

Employment contract review in Vietnam

Client: Good day! I just received a update from my client and they have the following queries w.r.t employment contract and legal advice provided, 1.       The employee is recruited at executive level relating to sales and some time need to liason with company employees from different time regions . We would not...

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...
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[...]