Luật sư Nguyễn Hữu Phước

Under Article 186.3 of the Labor Code, for Employees who are not covered by compulsory SI, HI and UI, in addition to salary payment, Employers shall simultaneously pay Employees in their same salary period an amount equivalent to the level of payments for compulsory SI, HI and UI, and annual leave in accordance with the…

Pursuant to Article 166.3 of the Labor Code, in the year preceding retirement, Employees are entitled to a reduction of the normal working hours (at least 01 hour) or the regime of part-time work will apply. The reduced hours will be counted into the paid working hours. For example: If Company A has 8 working…

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…