Labor code

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...

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...

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...

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...

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...

The normal working hours prescribed under law is a maximum of 8 hours a day or 48 hours a week and the employer shall have the right to determine[...]

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,...

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,...

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...

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...