Consultation on the Issuance of Collective Labor Agreements and Regulations on Salary, Bonuses, and Allowances
Question: Our enterprise is wondering whether it is mandatory to issue regulations on salary, bonuses, allowances, and a Collective Labor Agreement. If we do not implement these regulations, what legal risks might we face? Answer: 1.Regarding the Collective Labor Agreement: Clause 1, Article 75 of the 2019 Labor Code stipulates: “A collective labor agreement is […]
Consultation on Labor Rights Protection
Question: I am six months pregnant, but the company is engaging in harassing behavior and pressuring me to resign. I would like to ask, can the company dismiss me due to pregnancy? Answer: Pursuant to Article 125 of the Labor Code 2019, the form of disciplinary dismissal shall only be applied in the following cases: […]
Consultation on the Probation Period
Question: I have completed the 02-month probation period and have met the requirements as agreed upon. However, I have not seen the company proceed to sign an official labor contract. Is the company currently in violation of the law? Answer: Pursuant to Article 25 of the Labor Code 2019, regulations on the probation period are […]
Legal Advisory on Social Welfare Schemes: Social Insurance and Health Insurance
Question: I am 56 years old. I started working at Company X in September 1995 and, in 2003, I transferred to Chemical Enterprise Y, where my work regularly involved exposure to chemicals. In June 2021, during a break in my work shift, I tested a newly imported chemical production device and suffered an accident, resulting […]
Advisory on Tax Determination in Capital Contribution Transfer Activities
Question: My Company is a US-based enterprise planning to transfer ownership of Company B - which is a first-tier subsidiary of my Company in Canada - to Company E. Under current law, Company C is a subsidiary of Company B in Vietnam and a second-tier subsidiary of my Company - has the responsibility to declare […]
Advisory on Wine Import by Foreign-Invested Enterprises
Question: Our company is a foreign-invested enterprise and currently needs to apply for a license to import wine for distribution of this product in Northern Vietnam. May we ask whether current laws permit us to carry out this activity? Answer: Pursuant to Article 30 of Decree No. 105/2017/ND-CP as amended by Clause 22, Article […]
Advisory on Executing Confidentiality and Non-Competition Agreements (NDA) Following Termination of Employment Contracts
Question: My Company is collaborating with an Enterprise from the United States. In the cooperation agreement between the two parties, the US Enterprise has included a clause requiring "When an employee leaves the company, the employee shall execute a commitment with my Company that they will not work for competitors". Under Vietnamese law, may my […]
Consultation on Debt Payment Responsibility
Question: My company has acquired Company A (which is a single-member limited liability company). Before the acquisition, Company A had an outstanding debt owed to Company B. After my company completed the acquisition of Company A, Company B sent us a written request for payment of this debt. In this case, which party is responsible […]
PROCEDURE FOR ADJUSTMENT OF BUSINESS LICENSE
Our company is ABC Company Limited (100% foreign-owned), currently operating in the field of retail distribution of goods. We would like to amend our Business License for the following reasons: (1) Change of the company’s head office address (within Ho Chi Minh City); (2) Addition of a new legal representative. We would like to receive […]