Labor & Employment

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Draft Regulations of Enterprise Self-Assessment of the Labor Law Compliance

  • 25 September 2018
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  • by Hannah Huynh

Status: The collecting of comments has expired (from June 14, 2018 to August 14, 2018). According to the schedule, the Draft Circular will be presented to the Ministry Heads in October 2018 [click here to see the schedule]. Document proposed to be replaced: Decision No.02/2006/QD-BLDTBXH dated February 16, 2006 of the Minister of Labor, Invalids and Social Affairs promulgating the regulations of using to the forms of self-assessment of the labor law compliance. Click here to...

Employment Discrimination

  • 15 July 2018
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  • by Hannah Huynh

To illustrate this topic, let’s see the following cases which relate to gender discrimination (which is the most common type of discrimination): Case 1: Female employee A was selected to participate in an upcoming training course. However, since said female employee recently discovered that she was pregnant, the company decided instead to send another employee to that training course. The reason being that it would not be beneficial for the company if said female employee finishes...

Draft Decree “Implementation of Regulations at the Workplace”

  • 11 July 2018
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  • by Hannah Huynh

Draft Decree amending and supplementing several in concerning the implementation of regulations at the workplace The Draft amends several contents related to the implementation of regulations on grassroots democracy at the workplace in a flexible way and simplifies the procedure, providing enterprises decision-making power so as to guarantee its suitability with business conditions.  Specifically: –Abolishing the provisions for creating a Regular Dialogue Regulation at the workplace and a Regulation for holding an employee conference.  The Draft...

Expanding the Right of Employers to Unilaterally Terminate the Labor Contract

  • 30 June 2018
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  • by Hannah Huynh

Over the last few years, the Ministry of Labor – Invalids and Social Affairs has been in the process of amending the 2012 Labor Code. One of the recent proposals for amendment, contained in the application file proposals of the 3rd Labor Code amendment is to expand the employee’s right to unilateral termination of the labor contract. There are two proposed alternatives: Option 1: The employee will be allowed to lawfully terminate the labor contract without specifying...

Is “Serving the Employer’s Commercial Interest” a Duty of the Employee?

  • 14 March 2018
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  • by Hannah Huynh

One expectation when recruiting an employee is to hire someone to faithfully serve the business of the employer and to assist in the development of the business.  Clearly, this is an important consideration for the employer when entering into a labor contract. If so, when an employee refuses to comply with the employer’s requirements (within the scope of business development purposes), such as requiring the employee to do jobs not described in the labor contract or...

Important Suggestions for Amending the Labor Code

  • 05 March 2018
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  • by Hannah Huynh

The Ministry of Labor – Invalids and Social Affair (MOLISA) collected opinions on the application file for the formation of the amended Labor Code from December 18, 2017 to January 18, 2018 (please see the Vietnamese content here).  Until a detailed draft of the amended Labor Code is circulated, it is not possible to accurately assess the new regulations.  However, after reviewing the contents of the application file, we can anticipate the amendment of several key...

Noteworthy Legal Issues regarding Expats Working in Vietnam

  • 11 January 2018
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  • by Hannah Huynh

Can an indefinite term labor contract be signed with a foreign employee? Article 22, the 2012 Labor Code provides 03 types of labor contracts as follows: Indefinite term labor contracts; Fixed-term labor contracts with a duration of 12 months to 36 months; and; Labor contracts for a specific or seasonal job with a duration of less than 12 months. This type of labor contract does not apply to a job which is normally performed in 12...

How to Convince Employees to Join the Trade Union?

  • 15 November 2017
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  • by Hannah Huynh

The employee is free to join Trade Unions. Joining a Trade Union is at the employee’s own discretion and nobody has right to enforce such participation. This leads to a situation where although the enterprise wishes to establish a Grassroots Trade Union (GTU), it cannot do so if all the employees are not willing to join the GTU. In other cases, an enterprise has established its GTU, but a number of employees are not willing to...

Criminal Liability for Labor Violations under the 2015 Criminal Code

  • 12 November 2017
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  • by Hannah Huynh

From January 01, 2018, Criminal Code No.100/2015/QH13 dated November 27, 2015 and Law No.12/2017/QH14 dated June 20, 2017 amending and supplementing some articles of Criminal Code No.100/2015/QH13 (referred to as the “2015 Criminal Code”) shall come into effect.  Accordingly, some violations of the labor law shall be subject to criminal liability, typically: Crime of forcing a civil servant or a public employee to resign or dismissing an employee illegally This crime is provided in Article 162...

Should an Employee Opt For a Lump-Sum Social Insurance Payment or a Pension?

  • 08 November 2017
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  • by Hannah Huynh

Recently, according to factual statistics, the number of employees requesting a lump-sum social insurance (“SI”) payment has strongly increased. This is the result of many factors, but the main reason is that the employee does not comprehend the provisions of SI policies as well as his/her confusion and worry about the stability of the SI policies due to changes occurring on January 01, 2018. Adding to the employee’s feeling of insecurity, several social network websites have...

Opinions Regarding Requirements on Issuing Work Permits for Expats

  • 12 October 2017
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  • by Hannah Huynh

On June 16, 2017, at the mid-term 2017 Vietnam Business Forum with the subject of “Strengthening the association between foreign investment and domestic investment zones in the new context of the global economy”, several issues relating to expats working in Vietnam were raised by the Human Resources Sub Working Group, specifically: Opinions regarding the required documents in the application file for work permits under the category of “intra-corporate transferee” According to Decree No.11/2016/ND-CP and Circular No.40/2016/TT-BLDTBXH,...

Issuing Social Insurance Code

  • 10 October 2017
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  • by Hannah Huynh

Pursuant to the process of collecting SI, HI, UI, labor accident and occupational disease insurance, and issuing the SI book and HI card (promulgated with Decision No.595/QD-BHXH of the Vietnam Social Security Code which took effect on July 01, 2017), SI and HI participants shall be issued an SI code, which is the sole personal identification number of participants. This SI code is granted and recorded in the SI book and HI card by SI authorities....