Luật sư Nguyễn Hữu Phước

Pursuant to Article 124.1 of the Labor Code,       the maximum statute of limitations for handling violations of labour disciplines is 6 months from the date of violation; as for the case of violation directly related to Employers’ finance, properties, technological know-how, business secrets, the same is 12 months at maximum. Other than the said regulation,…

Currently, there are many companies unofficially providing detective and investigative services for individuals and organisations. The development of the detective service arises from the enormous need in the market. However, users of this service should note that the law has not provided the legal corridor for private detective’s activities, or in other words, the detective’s…

As regulated[1], readable, audible, visible and electronic materials are considered to be legitimate sources of evidence. However, for the involved parties, when necessary, to use and submit to the competent court as evidence to defend their own views in the dispute, the sources of evidence, in addition to their clear contents related to the dispute,…

Pursuant to Article 3.2 of the Labor Code, Employers include enterprises, agencies, organisations, cooperatives, households, individuals that use labourers under LCs. Therefore, enterprises that are not established under the Vietnamese law or do not directly use labourers such as corporations or parent companies abroad will not be considered as the Employers who are governed by…

Currently, labour law only prescribes the investigation authority of state agencies for the case where Employees commit the acts of theft, embezzlement, gambling, deliberately injuring others, using drugs in the workplace, revealing trade secrets, technological know-how, infringing the Employer’s intellectual property rights, causing serious damage or threatening to cause extremely serious damage to the Employer’s…