Here well explain the ins and outs of Vietnamese Labour law and give you a brief insight into how these laws are formed.
9 June 2014| Last updated on 29 June 2017
The main sources of employment law in Vietnam are:
the Labor Code (adopted by the National Assembly of Vietnam on June 23, 1994, as amended on April 2, 2002, November 29, 2006, and April 2, 2007);
the Law on Sending Vietnamese Laborers to Work Overseas (adopted by the National Assembly of Vietnam on November 29, 2006);
government decrees, ministerial circulars and decisions, provincial decisions and guidelines;
collective labor agreements, company rules, individual contracts; and
the Supreme Court’s annual practice summaries and guidelines.
The complete labour law can be found here>>
The labour law applies to all individuals regardless of their nationality. Expats will have to apply for a work visa if they plan on working in Vietnam for a period longer than 3 months. Companies should take care of all the paperwork on behalf of their employees.
Employment contracts should be written in both Vietnamese and the language of the employer and employee in the case of an expat position. The Labor Code of Vietnam requires that a labor contract include the following material terms: (i) work to be performed; (ii) working hours and rest hours; (iii) wages; (iv) working place/location; (v) duration of contract; (vi) conditions on occupational safety and hygiene; and (vii) social insurance for the employee. In practice, statutory material terms are for standard labor contracts for simple work only.