Labor & Employment

Labor & Employment governs the relationship between employers and employees, encompassing issues like hiring, terminations, working conditions, wages, and benefits. Our practice focuses on ensuring legal compliance, promoting fair treatment, and minimizing workplace disputes. We advise on employment contracts, policies, and dispute resolution, helping businesses foster a productive, equitable work environment while meeting all applicable regulatory requirements.

Labor Contracts

Labor Contracts form the legal bedrock of the employer-employee relationship, outlining key terms such as job responsibilities, compensation, and rights and obligations of both parties. By ensuring clarity and alignment with labor regulations, properly drafted labor contracts help prevent disputes, safeguard interests, and foster a fair, productive work environment. Our services include drafting, reviewing, and advising on labor contracts to meet both legal requirements and practical business needs.

Working Regimes

Working Regimes encompass the policies and frameworks regulating working hours, rest periods, overtime, shift arrangements, and leave entitlements. By establishing clear, compliant working regimes, employers can enhance productivity, safeguard employee well-being, and minimize labor disputes. We assist in designing and reviewing these frameworks to ensure they meet both legal standards and the practical needs of the business.

Management Policies

Management Policies lay the groundwork for a company’s operational and behavioral standards, guiding employee conduct, performance evaluations, and disciplinary procedures. Properly developed policies help maintain consistency, transparency, and legal compliance while fostering a positive workplace culture. We assist employers in designing, reviewing, and updating these policies to align with labor regulations and organizational objectives, ensuring both effectiveness and fairness in day-to-day management.

Sexual Harassment

Sexual Harassment is a critical issue that undermines safety, dignity, and equal opportunities in the workplace. It includes unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or offensive environment. We support employers in developing clear anti-harassment policies, establishing reporting mechanisms, and conducting training programs to foster a respectful, compliant workplace and minimize legal risks.

Termination of Employment

Termination of Employment in Vietnam is a complex process governed by strict legal requirements. Employers must satisfy valid grounds for termination and follow specific procedures, which may include mandatory notice periods, severance calculations, and documentation obligations. Failure to comply with these regulations can lead to disputes, financial penalties, or claims of unlawful dismissal, underscoring the importance of careful planning and adherence to the law.

We guide employers throughout the termination process by ensuring each step aligns with Vietnamese labor laws. Our team identifies valid grounds for termination, manages the necessary documentation and severance calculations, and advises on fulfilling mandatory obligations, such as required notice periods. By offering tailored risk mitigation strategies and, when necessary, dispute resolution support, we help employers navigate potential conflicts responsibly while maintaining workplace morale and safeguarding their reputation.

Dismissal and Disciplinary Actions

Dismissal and Disciplinary Actions are essential for upholding standards of conduct and accountability within the workplace, yet they must strictly adhere to fair labor practices and legal requirements. In Vietnam, these processes are particularly complex, requiring employers to satisfy specific conditions and follow procedures outlined by law.

We assist employers in formulating transparent disciplinary rules, implementing due process measures, and ensuring that any actions taken are proportional and legally compliant. By doing so, businesses can maintain order, protect employee morale, and minimize the risk of disputes or claims arising from improper disciplinary measures.

Utilizing External Workforce

Utilizing External Workforce can offer businesses flexibility and cost efficiencies, but it also presents unique regulatory and contractual challenges—particularly under Vietnamese labor laws. The most challenging aspect is to avoid inadvertently establishing an employer-employee relationship, which can trigger statutory obligations and liabilities akin to formal employment. Additionally, external workforce providers must be eligible and possess the necessary licenses, meeting specific legal conditions to supply labor services.

We assist clients in structuring compliant agreements, vetting service providers, and ensuring that all legal requirements are met, enabling businesses to benefit from external resources while maintaining legal and operational integrity.

Trade Union

Trade Unions in Vietnam play a significant role in representing employee rights and facilitating dialogue between workers and employers. Under Vietnamese labor laws, businesses with a workforce of a certain size are encouraged to establish or cooperate with trade unions and engage in collective bargaining to ensure fair working conditions.

Our services include advising clients on their obligations related to trade unions, assisting with the negotiation and drafting of collective labor agreements, and supporting compliance with labor regulations governing union activities. We also help businesses navigate potential disputes, ensuring that communication remains constructive and aligned with legal requirements. By fostering collaborative relationships with trade unions, employers can promote a positive work environment, enhance employee engagement, and mitigate the risks of industrial actions or legal challenges.

Foreign Employee

Foreign Employees in Vietnam are subject to specific regulations concerning work permits, visas, and employment contracts. Vietnamese labor laws set forth stringent requirements for the recruitment, employment, and management of foreign workers, including quotas, permit exemptions, and renewal procedures. Non-compliance can result in penalties or restrictions on the ability to employ foreign staff.

We assist clients in navigating the complexities of employing foreign employees by advising on work permit applications, visa requirements, and compliance with labor regulations. Our services include drafting compliant employment contracts, managing permit renewals, and addressing regulatory issues to ensure a smooth and lawful employment process. By partnering with us, businesses can attract and retain foreign talent while meeting all legal obligations and avoiding costly penalties.

Elderly Employee

Elderly Employees in Vietnam are subject to specific labor regulations aimed at protecting their rights while enabling businesses to benefit from their experience and expertise. Vietnamese labor laws define elderly employees as those who have reached the statutory retirement age but choose to continue working under agreed conditions. Employment contracts with elderly employees must comply with special provisions regarding health, working hours, and job responsibilities to ensure their well-being.

We assist clients in drafting and reviewing employment contracts for elderly employees, ensuring compliance with labor laws and tailoring terms to meet both business needs and legal requirements. Our services include advising on social insurance contributions, retirement benefits, and workplace accommodations to support a safe and productive working environment for elderly staff.

Regulatory Procedure

Labor Regulatory Procedures in Vietnam encompass a range of legal obligations that employers must follow to ensure compliance with labor laws and regulations. These procedures include mandatory filings, reporting employment changes, registering internal labor rules, and handling labor inspections or audits by authorities. Failure to comply with these requirements can result in fines, penalties, or operational disruptions.

We provide comprehensive support in navigating labor regulatory procedures, including drafting and registering internal labor regulations, managing work permit and insurance registrations, and representing clients during labor audits or investigations. Our team ensures that all documentation and processes meet legal standards, helping businesses maintain compliance, minimize risks, and build a strong foundation for their workforce operations.

Dispute Resolution

Key Contacts

Labor & Employment

Nguyen Quoc Phong

Nguyen Quang Hai

Nguyen Hong An

Bui Thi Ha

Tran Sy Quang