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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 7, 2020
Last week, the Prime Minister of Vietnam issued Directive No. 16 providing regulations on a social distancing campaign during the COVID-19 global outbreak. Later, the Prime Minister issued guidelines on issues such as which businesses may continue to operate during the campaign. Additionally, many localities, such as Hanoi, Ho Chi Minh City and Binh Duong Province, have issued their own local guidelines.
April 2, 2020
Thailand’s Ministry of Labor is soon expected to issue two regulations and an announcement to formalize and implement the Social Security Office’s policy on COVID-19 assistance measures, reflecting two recent cabinet resolutions. Drafts are now being considered by the Office of the Council of State, after which they will be sent for the minister’s signature and announced in the Government Gazette. The following measures are expected to be announced:
April 2, 2020
On March 31, 2020, Vietnam issued Directive No. 16/CT-TTg of the Prime Minister of Vietnam, setting out a wide range of social distancing measures, which we covered in an earlier client alert (click here for details). Following this nationwide announcement, local authorities in various provinces and cities have released their own guidance on implementation of measures for preventing and controlling the COVID-19 outbreak.