Luật sư Nguyễn Hữu Phước

1.Severance allowance for foreign Employees The subjects of application of Labor Code 2012 include the following[1]: (i) Vietnamese Employees, Employees in apprenticeship and other Employees as prescribed in Labor Code; (ii) Employers; (iii) Foreign Employees working in Vietnam; and (iv) other agencies, organisations and individuals directly involved in the employment relationship. Therefore, technically, the regulations…

The Vietnamese law stipulates the subjects participating in compulsory HI, including Employees working under indefinite or definite LCs of 3 months or more; Employees as a paid manager of the enterprise[1]. This provision applies to both Vietnamese and foreign Employees currently working in Vietnam. Accordingly, foreign Employees paid in Vietnam under LCs or appointment letters…

Circular 23/2017/TT-BLDTBXH provides guidelines on: (i) reception of application files for approval on demand for employment of foreign Employees; (ii) issuance and re-issuance of work permits; (iii) certification that foreign Employees working in Vietnam fall out the category of work permit issuance via electronic networks. Although this circular took effect on 02/10/2017, the authorities in…

Article 115.2 of the Law on Labour stipulates that foreign Employees working in Vietnam will enjoy a maximum of 12 days of public and New Year holidays, including 10 days of Vietnam’s public and Tet holidays, 01 traditional Tet holiday and 01 National Day of their own country. The Ministry of Labour, War Invalids and…

A CLA[1] is the written agreement between a labour collective and an Employer on the labour conditions the two parties have achieved through collective bargaining. According to the said definition, the CLA stipulates the general and basic working conditions which are applicable to all Employees, including both Vietnamese and foreign Employees. If in need of…