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September 15, 2016

PLC Employment and Employee Benefits Global Guide 2016/17 – Vietnam Chapter

Practical Law Company

Employment and Employee Benefits 2016/17, published by Practical Law Company, provides an overview of employment and employee benefits in 32 jurisdictions worldwide. The Vietnam chapter of the guide, written by Kien Trung Trinh and Annika Svanberg, lawyers at Tilleke & Gibbins, covers the following subjects in detail:

  • Scope of Employment Regulations: Laws applicable to foreign nationals and nationals working abroad, including the 2012 Labour Code and Decree 11/2016/ND-CP.
  • Employment Status: Classes of employees under the Labour Code, including junior workers, senior workers, disabled workers, and female employees, and providing services as an independent contractor under the 2005 Civil Code and the 2005 Commercial Law.
  • Recruitment: Incentives and filings including information an employer must provide to an employee such as the work to be performed, working hours, rest breaks, rates of wages, method of payment of wages, and confidentiality provisions, among others.
  • Permission to Work: Obtaining a visa and a work permit to work in Vietnam, including procedures, time frames, sanctions, and costs.
  • Regulation of the Employment Relationship: Written employment contracts and required terms such as provisions on work to be performed, wages, working hours, rest breaks, holidays, social and health insurance, and training and skills improvement, among others.
  • Illness and Injury of Employees: Entitlement to paid time off under normal working conditions and hazardous conditions, and entitlement to unpaid time off.
  • Discrimination and Harassment: Protection from discrimination and harassment, procedures to make a labor complaint, and making a labor denunciation.
  • Termination of Employment: Notice periods, severance payments, procedural requirements for dismissals, protection against dismissal, and protected employees.
  • Redundancy and Layoffs: Procedural requirements, pay, and collective redundancies.

RELATED INSIGHTS​ 

April 9, 2020
On April 8, 2020, Cambodia’s Ministry of Labor and Vocational Training (MLVT) issued an instruction to its staff not to impose any late penalties on non-Cambodian workers who want to renew their 2019 foreign work permits, but have failed to meet the initial renewal deadline, effective until further notice. The MLVT states that the instruction is intended to assist non-Cambodian workers that may not have been able to return to Cambodia to continue their work due to the global COVID-19 situation.
April 8, 2020
Vietnam’s Ministry of Labor, Invalids and Social Affairs (MOLISA) is considering a draft circular that would change regulations on working hours, including overtime, and breaks required for seasonal manufacturing workers and workers that process goods according to orders. The new regulations, if passed, would replace the current regulations under Circular No. 54/2015/TT-BLDTBXH of MOLISA, which was issued on December 16, 2015, and it is envisioned that the new regulations would come into effect on January 1, 2021.
April 8, 2020
On April 7, 2020, Cambodia’s Ministry of Labor and Vocational Training (MLVT) released an urgent notification to postpone the Cambodian New Year holiday, and require all employers and employees to treat April 13 to April 16, 2020, as regular working days. The postponement is in light of the current circumstances regarding the COVID-19 global pandemic, and presumably to prevent widespread travel during the holiday.