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...
Salary in labor contract

Salary under Vietnam labor code

The salary of the employee includes the salary rate based on the work, allowance and other additions, if any[...]

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: ...

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...
commission for insurance contracts

Set up a company providing HR Service in Vietnam

Investor: Can you tell me what the requirements are to set up a company that will provide HR Service in Vietnam? What criteria do we need to meet and is there a minimum investment level? Lawyer: Vietnam Law does not impose any minimum investment capital for setting up a HR Service...

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...

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...
unemployment insurance for employees in Vietnam

Regulation regarding social insurance and unemployment insurance for employees in Vietnam

SBLAW would like to provide Regulation regarding social insurance and unemployment insurance for employees in Vietnam for your kind consideration: COMMENTS ON THE SOCIAL INSURANCE AND UNEMPLOYMENT INSURANCE FOR EMPOYEES. 1.  The insurance regimes and policies for female employees in maternity leave. With regard to the social insurance, Pursuant to Article 35.2...

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 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...