Consultancy on Employment Contracts for Foreign Employees
Question: From what I understand, in Vietnam, the third fixed-term contract should transition into an open-ended contract. However, I’m not sure if this applies to foreigners as well. Answer: In accordance with Article 151.2 of the Labor Code 2019, the duration of a labor contract for a foreign employee must not exceed the validity […]
LEGAL CONSEQUENCES OF AGREEING ON A FIXED-TERM LABOR CONTRACT EXCEEDING 36 MONTHS
Question: Our company is currently reviewing personnel records in order to proceed with the termination of certain 2-year fixed-term labor contracts that are approaching their expiry date, as the company no longer has a need to continue employing these workers. However, during the review process, we identified two cases in which employees had signed fixed-term […]
Consultation on the Procedures for handling violations of labor regulations
Question: My company is adjusting the process of handling violations of labor regulations, including applying a number of document templates as follows: 1.Coaching form: For light violations, a verbal warning is required. 2.Warning Letter: For medium level violations, a written warning is applie 3. Performance Improvement Plan: For more serious violations, apply demotion or delay […]
PROCEDURES FOR RESIDENCY AND WORK PERMIT EXEMPTION FOR FOREIGN INVESTORS
A foreign investor plans to contribute VND 3 billion in charter capital to establish a company in Vietnam. With this capital contribution, does the investor fall under the category eligible for a work permit exemption under the latest regulations? In addition, for convenience in managing the enterprise and staying long-term in Vietnam, should the investor […]
HANDLING LATE ARRIVAL OF EMPLOYEES AND A LEGALLY COMPLIANT SALARY STRUCTURE
Question: I am in charge of human resources of a service company. The Company is applying a fixed monthly salary of VND 10,000,000 for employees who work a full 8 hours per day. However, a number of employees frequently arrive late for work and the Board of Directors wishes to pay salary only according to […]
REVOCATION OF INDUSTRIAL EXPLOSIVES USE LICENSE: CAN A COMPANY CONTINUE BLASTING OPERATIONS?
Question: Dear Lawyer, in the event that our Company has its Industrial Explosives Use License revoked under Clause 4 Article 51 Decree 71/2019/NĐ-CP, are we still allowed to carry out blasting activities? If the Company still wishes to continue blasting, what is the lawful solution? Kindly advise us. Answer: 1.Regarding whether the Company may continue blasting […]
CONDITIONS AND PROCEDURES FOR OBTAINING A CERTIFICATE OF OWNERSHIP OF ASSETS ATTACHED TO LAND
Question: I am an investor acquiring land use rights and ownership of a factory building in a factory construction project. In order to be issued a Certificate of land use rights and ownership of assets attached to land for the land area and works I acquire, I would like to ask which conditions the project […]
PROCEDURES THAT ENTERPRISES MUST CARRY OUT WHEN TERMINATING THE EMPLOYMENT CONTRACT WITH A FOREIGN WORKER WHILE THE WORK PERMIT AND TEMPORARY RESIDENCE CARD ARE STILL VALID.
Hello, our company is currently employing a foreign worker. At present, the labor contract signed between the parties has expired and the employee is preparing to return to their home country. However, their Work Permit and Temporary Residence Card (TRC) are still valid for quite a long period. In this situation, what procedures is our […]
Consultation on Trade Union Fees
Question: Is a company required to establish a trade union? If the company does not establish a trade union, is it still required to pay trade union fees? Answer: Pursuant to Article 6 of the Law on Trade Union 2012, which provides as follows: “Article 6. Principles of organization and activities of trade unions 1. […]