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Glossary of Commonly Used Terms in the Labour Law

Following Phuoc & Partners’ recent introduction of 3 thematic books on Vietnamese labour law, including: (1) Labour Law Manual; (2) Frequently Asked Questions in Labour Law; and (3) Hard-to-find HR forms https://phuoc-partner.com/category/articles-publications/publications/...

Ask whom When Facing Difficulties in Divorce

If you have reached a milestone in your marriage when considering divorce, this decision can have serious negative consequences for you, your spouse, and other relatives in your life such as your children. It...

LABOUR LAW COMPLIANCE REPORT CALENDAR 2021

Nearly the year–end is a time forenterprises to prepare and submit law compliance reportsas required by law to competent State authorities of Vietnam. Clearly understanding client’s need in this regard, Phuoc &...

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Question 9: What type of contract do paid internship contracts fall into from the perspective of labour law? If an internship contract is a...

What type of contract do paid internship contracts fall into? Case 1: One party to the contract is a student expecting graduation and wishing to work as an Intern for...

Question 8: Must Employers pay Employees severance allowances in cases where Employees are assigned to other jobs due to Employers’ transfer of ownership or...

Pursuant to Article 45 of the Labor Code, in case of transfer of the ownership or the right to use corporate properties, Employers take the following responsibilities: Set up a plan to employ labour pursuant...

Question 7: May Employers set out a longer prior notice period upon Employees’ termination of LCs than the one prescribed by law? How do...

May Employers set out a longer prior notice period upon Employees’ termination of LCs than the one prescribed by law? Pursuant to the general stipulations on the prior notice period upon termination of LCs, Employees must...

Question 6: Normally, upon the beginning of a new employment, Employers and Employees will sign probationary contracts or offer letters with the probationary period...

The applicable labour law does not expressly stipulate if at the beginning of a new employment Employers are allowed to sign LCs in which a probationary period is specified. However, pursuant to Article 29.1 of...

Question 5: How do Employers deal with Employees who do not give feedback on the notice of trial job result?

Under the labour law, Employers are obliged to inform Employees of the trial job result during probation as follows: /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:8.0pt; mso-para-margin-left:0in; line-height:107%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri",sans-serif; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} Notifying within 3 days...

Question 4: May representative offices of foreign traders in Vietnam recruit Vietnamese Employees by themselves to work for them? If they are not allowed...

May representative offices of foreign traders in Vietnam recruit Vietnamese Employees by themselves to work for them? If they are not allowed to do this, which state agencies must they contact? Must...

Question 3: Is a collaboration contract a type of LC? What are the legal risks for Employers upon entering into a collaboration contract?

Is a collaboration contract a seasonal or specific job-based LC? Legal grounds for governing a collaboration contract As a matter of law, a collaboration contract may be considered a type of service contract...

Question 2: What are the subjects of application of the Vietnamese labour law? Which legal relationships are governed by the Vietnamese labour law? Is...

What are the subjects of application of the labour law? Pursuant to Article 2 of the Labor Code, the subjects of application of the Labor Code include: Vietnamese Employees : Employees of full 18 years...

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