When foreign investors set up a company in Vietnam, they will recruit the employee, thus, S&B Law provide some information about the labor law in Vietnam for investor’s reference.
The form will be FAQs:
What is the legal limit for overtime hours per month in Vietnam?
-Maximum is 30 hours per month and not over 50% of normal working hour amount per day (under point b Clause 2 Article 106 of the 2012 Labor Law)
Does employer ensure that workers have minimum one day rest during every seven - day period?
- It's is obligated under Clause 1 of Article 110 of the 2012 Labor Law for the employee to rest at least 24 continuous hours during every week.
Please input all legally mandated holidays in Vietnam (*Annual leave, etc.)
Under Clause 1 Article 115 of the 2012 Labor Law)
- An employee shall be entitled to have days off fully paid on the following public holidays:
a) Calendar New Year Holiday: one day (the first day of January of each calendar year);
b) Lunar New Year Holidays: Five days;
c) Victory Day: 01 day (the 30th of April of each calendar year);
d) International Labour Day: one day (the first day of May of each calendar year);
dd) National Day: 01 day (the second day of September of each calendar year).
e) Hung Kings Commemoration Day (the 10th of March of each Lunar year)
What is legal standards for overtime pay in Vietnam?
-Salary unit price or the salary by the job duties, can calculated by monthly wage or daily wage (under Article 97 of the 2012 Labor Law)
Please input all legal allowance and benefits in Vietnam.
Allowance and benefits the employee can be entitled under the labor law as follows:
- Allowance for overtime work on weekdays, weekly days-off or holidays
- Allowance for night work
- Allowance for occupational accidents and disease
- Maternity allowance for female employee
- Allowance upon leave to care for sick children, prenatal care, implementation of contraceptive methods
- Allowance upon termination of labor contract
- Severance pay
- Redundancy pay
Please input all legal social insurance scheme in Vietnam?
Under the Insurance law, the employer has obligation to contribute 03 insurances for the employee: Social Insurance, Medical Insurance and Unemployment Insurance.
What is payment standard in Vietnam?
Based on the salary of employee (under the Social Insurance Law)
What is the legal minimum working age of working in Vietnam?
The employee must be equal or over 15 years old under the Clause 1 Article 3 of the Labor Law 2012.
Does company ensure that workers are allowed to have legally mandated enough meal time and breaks? (If it is not stipulated in the law, one hour lunch time is recommended)
The employees work continuously 8 hours or 6 hours shall have at least 30 minutes to rest in the day-shift and 45 minutes for the night-shift (Article 108 of Labor Law 2012).
Người lao động làm việc liên tục 8 giờ hay 6 giờ được nghỉ ít nhất 30 phút vào ca ngày và 45 phút vào ca đêm (theo quy định tại điều 108 BLLĐ 2012)
What is legal minimum wage in Vietnam?
The legal minimum wage apply for enterprises in Vietnam is divided into 4 religions: I,II,III,VI with the minimum wage as follow:
+ Religion I: 2,350,000 VND per month.
+ Religion II: 2,100,000 VND per month
+ Religion III: 1,800,000 per month
+ Religion VI: 1.650,000 VND per month.
Does company provide pay slip to workers in paper or on-line?
Under the law, it is not obligated, the company can provide pay slip to worker in paper or online.
Does company prohibit deduction of base wage/bonus or delay payment as a disciplinary measure?
Under the labor laws, it’s not allowed to deduct the base wage/bonus or delay payment as a disciplinary measure.
How many days is legal maternity leave in Vietnam?
The legal maternity period is 6 months. It is not over 2 months before childbirth. In case of women employees have twins or more, from the second child onwards, each child, mothers are entitled 01 months under the Article 157 of Labor Law.
Does company prohibit overtime and night time work for breast-feeding workers who have infant under one year old?
The Employers must not use women workers working at night, working overtime and business trips who have infant under 12 months old.
Does company prohibit discrimination in hiring based on race, color, age, gender, tatoo, ethnicity, disability, pregnancy,religion,etc?
It is prohibited with some behaviours as above: discrimination in hiring based on race, color, age, gender, tatoo, ethnicity, disability, pregnancy,religion,etc.
Does compnay provide protect equipment (e.g. safety glasses, hard hats, gloves) to workers explosed to potential hazards and implemdient regular check if they wear it correctly?
The Employee is provided protect equipment and guided by the Employer. It is stipulated in the labor contract between Emplyee and Employer.
Does company have an adequated and effective fire detection, alarm and suppression systems in place and provide approprociate training (e.g. how to use fire fighting equipment, evacuation drill) to all employees?
Each company must have an adequated and effective fire detection, alarm and suppression systems in place and provide approprociate training (e.g. how to use fire fighting equipment, evacuation drill) to all employees.
Does company provide regular safety training to all employees?
Each company must provide regular safety training to all employess. The content of these training can be safety in working, occupational safety and occupational health under the Circular 37/2005/TT-BLĐTBXH on safety training and occupational health.
Does company have enough first aid kits for injured ill workers?
It is not obligated under the Vietnam laws.
Does company provide medical examination for new workers prior to job placement and yearly medical exmamination for those who work at hazardous process(e.g. noise, dust) requied by law?.
It is not obligated under the Vietnam laws.
Does company have adequate machine safeguards and emergency stops that workers can operate machinery safely?
It is obligated with some companies which has business activities concerning with machine, device etc. That need to have have adequate machine safeguards and emergency stops that workers can operate machinery safely.
Does the canteen company update all requied health and safety license, permits, registrations and certificates related to food and sanitation at all times and dormitory is clean, safe and well maintained?
Under the Law on food safety, organizations and individuals in catering business must meet certain conditions specified in Articles 28, 29 and 30 of this law. In addition, these objects need to have the Certificate of hygiene and food safety by the Ministry of Health.
