VIETNAM’S RATIFICATION OF ILO CONVENTION 105 ON FORCED LABOUR

On 8 June, 2020, at the Ninth Session, the National Assembly XIV officially ratified Convention 105 of the International Labour Organisation (“ILO”) on the Abolition of Forced Labour (“Convention”) with 94.82% in agreement. By this event, Vietnam completed ratifying seven out of eight fundamental conventions of the ILO.

Convention 105 concerning the Abolition of Forced Labour […]

SOME KEY POINTS IN THE DRAFT DECREE REGULATING FOREIGN EMPLOYEES IN VIETNAM

On 3 February 2016, the Government issued Decree No.11/2016/ND-CP detailing the implementation of a number of articles of the Labor Code regarding foreign employees in Vietnam (“Decree 11”). This Decree basically created a synchronous, comprehensive and timely legal framework governing labor relations applied to foreign employees. It also created favorable conditions for businesses, agencies and […]

INDUSTRY PRODUCTIVITY AND MULTIFACTOR APPROACH

There have been debates as to how Vietnam’s industry productivity can be increased.  A recent report by the Ministry of Planning and Investment shows that Vietnam’s labour productivity index reached VND 102.2 million (USD 4,400) per labourer in 2018, nearly double that of 2011. Despite this increase in labour productivity, some urges for the needs […]

PRECEDENT 20: DETERMINATION OF LABOR RELATIONS AFTER PROBATION

Source of the Case: Precedent 20 – Case No. 01/2017/LD-GDT

Overview:

After probation, if an employee continues to work without a contract with the employer, this circumstance shall be determined that the two parties concluded contractual labor relations.

Material Facts:

On 09 September 2013, L Liability Limited Company – Supermarket L – Branch B (“L LLC”) hired Tran Cong […]

CHANGES IN THE LABOUR CODE 2019

Overview

On 20 November 2019, the Labour Code 2019 was passed by the National Assembly which will take effect from 1 January 2021.  The Labour Code 2019 with 17 chapters and 220 articles has some significant changes comparing to the current Labour Code.

Major changes in the Labour Code 2019

The following is a summary of the changes […]

NEW CIRCULAR 05 ON SUBSIDIES FOR HUMAN RESOURCES TRAINING FOR SMES

On March 29, 2019, the Ministry of Planning and Investment issued Circular 05/2019/TT-BKHDT (“Circular 05”) providing guidelines to support the development of human resources for small and medium-sized enterprises (“SMEs”).

Circular 05 guides business start-up training, business administration and direct training at SMEs; organizes online training programs, mass media training programs for SMEs; fostering a contingent […]

By |October 29th, 2019|Labor, Employement & HR, The Legal Breaking News|0 Comments

NEW NOTEWORTHY POINTS IN THE DRAFT OF THE LABOR CODE

Due to the need to internalize labor standards of the International Labor Organization (ILO); to meet the requirements for international economic integration, and overcoming many shortcomings and limitations of the implementation of the Labor Code in 2012 (“BLLD 2012”), Draft amendments to the Labor Code of 2019 (“Draft Code​”) are currently being submitted to the […]

VIETNAM A TOP TEN COUNTRY FOR EXPATRIATE WORKERS

Vietnam has been named in the top 10 countries for expatriate workers, according to HSBC’s Expat 2019 Global Report which was released on July 4, 2019.  It is the first time Vietnam was mentioned among the top 10 best countries for foreigners living and working worldwide.

The report is analyzed based on three factors, including quality of life, personal […]

By |July 15th, 2019|Labor, Employement & HR|0 Comments

WHICH FOREIGN WORKERS ARE SUBJECT TO THE COMPULSORY SOCIAL INSURANCE PROGRAM IN VIETNAM?

Recently, due to many provisions regulating the participation of foreign employees in the compulsory social insurance (the “CSI”) program, the Ministry of Labor, Invalids and Social Affairs (“MOLISA”) has received many inquiries from various enterprises asking which particular foreign workers are subject to the CSI program in Vietnam under Decree No.143/2018/ND-CP dated October 15, 2018 […]

VCI LEGAL JOINED JOB FAIR 2019 AT HANOI LAW UNIVERSITY

On 31 Mar 2019, Hanoi Law University organized Job Fair 2019 for its students.  This event was a career-orientation program which aimed to provide the students with opportunities to learn about the recruitment information of companies and to interact with leading law firms and their lawyers.

In order to share our passion for developing a professional […]