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[...]

Labor regulation and employee benefit under Vietnam Law

SBLAW would like to brief on labor regulation and employee benefit under Vietnam Law as follows: Labor Contract Labor Contract shall be entered with the Employee directly, unless the employee is from 15-18 years old. Labor contract for a period more than 3 months, must be executed in writing...

Social insurance and Medical insurance scheme of foreign workers in Vietnam

Question: Dear lawyers, currently, my company has employees who are foreign workers. However, I still haven't fully understood the social insurance and health insurance benefits that foreign workers are entitled to. Specifically: sickness, retirement, social insurance for the elderly and occupational accidents, what are the benefits and compensations? Hope you...

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...
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...
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...

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 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...
the rights of employees

Right of employer and employees under Labor Code 2012

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

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...