Consultation on Terminating an Indefinite-term Labor Contract by Mutual Agreement
Question: My company has an employee working under an indefinite-term labor contract. This employee has submitted a resignation and, according to the law, must provide at least 45 days' prior notice. However, both the company and the employee wish to terminate the contract immediately without waiting for the full notice period. Is this legally permissible? […]
Tax Filing Consultation
Question: My company made an incorrect tax declaration but immediately submitted an amended declaration and paid the tax afterward. Do we have to bear any liability or be subject to any penalty? Answer: Clause 3, Article 9 of Decree No. 125/2020/ND-CP, as amended by Clause 7, Article 1 of Decree No. 310/2025/ND-CP, provides for cases […]
Consultation on Value-Added Tax (VAT) Refund
Question: What conditions must my company meet in order to obtain a value-added tax (VAT) refund? Answer: According to Article 37 of Decree No. 181/2025/NĐ-CP, the conditions for VAT refund applicable from 1 July 2025 are as follows: The enterprise must declare VAT under the credit (deduction) method, and maintain accounting books and documents in […]
Is Fining Employees for Late Arrival Lawful under Vietnamese Labor Law?
Question: I am working for a company that imposes a penalty of 500,000 VND each time an employee arrives late. Is this regulation lawful, or does it violate labor laws? I hope to receive clarification from a lawyer. Answer: Pursuant to Article 128 of the Labor Code: “Article 128. Prohibited acts when handling labor discipline […]
Unlawful Unilateral Termination of a Fixed-Term Labor Contract: Employee Rights and Remedies
Currently, I am an employee working at Company X under a fixed-term labor contract with a duration of 02 years. However, yesterday, the Company suddenly notified me of the termination of my employment contract without providing any specific reason and without giving prior notice as required by law. This has caused me great confusion and […]
Differences Between Vietnamese-Owned and FDI Companies in Wholesale and Retail
Question: I am researching the establishment of a business operating in the wholesale and retail sector in Vietnam. I am wondering whether setting up a 100% Vietnamese-owned company and a 100% foreign-owned (FDI) company in the same sector differs in terms of procedures, level of complexity, and time required. Could you, as a lawyer, explain […]
TERMINATION OF LABOR CONTRACT DUE TO CHANGES IN STRUCTURE OR TECHNOLOGY
Question: I am the Sales Manager and have worked at the company for 5 years, with a salary of 40 million VND/month. Yesterday, the Director called me in to inform me that the company must 'undergo structural changes and apply AI technology,' so my position is no longer necessary, and decided to terminate my employment […]