Vietnamese employees, apprentices, trainees, and other types of employee provided in this code. The leave and holiday act 1951 myanmar version overseas employment law 1999 myanmar version the labour organization law 2011 the labour organization rule. Better work vietnam has produced this guide with the aim of helping employers, employees, international buyers, and other stakeholders better understand the obligations and rights stipulated under vietnamese labour law. The national assembly of vietnam adopted the labour code 452019qh14 new labour code 2019 on 20 november 2019, and which will be effective from 1 january 2021. Foreign employees working in vietnam shall comply with the labor law of vietnam and treaties to which vietnam is a contracting party which have different provisions, and are protected by vietnamese law. The labour code explicitly states that it applies to foreign nationals working in vietnam, and the general rule is that foreign nationals working in vietnam must comply with the vietnamese labour laws, unless an international treaty to which vietnam. Vietnam has approved an amended labor code which will come into effect in january 2021.
The new labor code, which will take effect on may 1, 20, will replace the current labor code of 1994 with the stated aim of improving the labor market and industrial relations in vietnam. Client alert, january 2020 changes to the labour law. In vietnam, which is a socialist state, workers are protected generously, and the labor laws. In our december 2014 enewsletter, we mentioned about the salary levels for ui contributions according to the law on employment. The laws primarily focus on wages, environmental projects, food industry, rural development, cybersecurity, and administrative procedures. Under changes to the immigration law, taking effect in 2020, foreign nationals will. On 20 november 2019, the national assembly of vietnam adopted the labor code no. Guide to vietnamese labor law for the garment industry. This guide reflects the standards set by national law. Upcoming changes to vietnam s labour law include such significant steps as more flexibility in the renewal and termination of labour contracts. The national assembly has adopted amendments to its immigration law and a new labor law. For example, the supreme court has recently issued a resolution to the effect that precedents will be followed in vietnamese courts vietnamese employment law is very prescriptive and generally very employeefriendly. The guide covers all major areas of the labour law, including those on trade unions and social insurance, governmental regulations, international labour standards that have been ratified by vietnam. Other individuals, agencies and organizations directly related to the labor relation.
Working in collaboration with the ministry of labor invalids and social affairs molisa, better work vietnam published a guide to vietnamese labour law for the garment industry in june 2011, to help employers, employees, international buyers, and other stakeholders better understand the obligations and rights stipulated by vietnamese labour law. Our vietnam labour law guide for smartphone has also been updated. Inheriting and developing the labour laws of vietnam. State committee, and the labor laws of vietnam are primarily under the administrative jurisdiction of the ministry of labor, invalid and social ff molisa. Increases to vietnam s minimum wage based on a national salary council decision of august 2017, vietnam. As the following only aim to act as a guide in the broadest sense, it is still recommended that professional legal advice be sought when employing in vietnam. Foreigners can either have a local employment contract or be seconded from the parent company internal transfer. In other words, this law does not apply to foreigners working in vietnam under overseas labour contracts. Points to consider regarding labor management in vietnam, characteristics of labor.
There are numerous unique aspects of vietnam s labor laws. If an employment contract is signed with a vietnam based entity, the law of vietnam. The employer is required to comply with the numerous mandatory provisions of the vietnam labor laws. Employment law update new labour code in vietnam on 18 june 2012, after many drafts and much discussion, the longawaiting revised labour code has been passed by the national assembly new labour code. In other words, this law does not apply to foreigners working in vietnam under overseas labour. Vietnamese labour law guide for ios free download and. Fisher phillips vietnams employeefriendly labor laws. The guide covers all major areas of vietnam labour law, derived from the labour code itself, the laws on trade unions and social insurance, governmental regulations, international labour standards that have been ratified by vietnam, and the vietnamese constitution. Pursuant to the 1992 constitution of the socialist republic of vietnam, which was amended and supplemented under resolution no. Employers, including multinational employers with expatriate employees in vietnam, should be aware that vietnam employment laws provide strong protections for both local employees and expatriates. Personal blog on vietnam business law and practice by nguyen quang vu. The labor code of the socialist republic of vietnam dezan shira. Nothing in this document shall be used to interpret or enforce of any provision of the law. If an employment contract is signed with a vietnam based entity, the law of vietnam must apply.
Labour code, 2012 this english translation of the labour code amended, 2012 made by the international cooperation department, ministry of labour, invalids and social affairs of vietnam is for reference. I the national assembly na this morning voted on the amended labour code with changes to the national holidays and labour practices, after months of heated debate among workers, employers and experts. Vietnam approves labor code for 2021 vietnam briefing news. An overview of vietnam labor law this article provides a comprehensive introduction to vietnam labor law, including information on hiring an employee, maintaining the employment relationship, modifying the employment relationship, and terminating the employment. Guide to vietnamese labour law for the garment industry 7th. Other organizations and individuals directly related to labor relations. For foreign nationals, there is also a set of im plementing regulations. How to terminate an employee in vietnam vietnam briefing. In accordance with section 91 of the labour code 2012, workers salary must at least be equal to the minimum wage, i. Under the labour code 2012, a labour contract means an agreement between an employee and an employer on a paid job, working conditions, and rights and obligations of each party to the labour relationship. A considerably substantive amendment, this draft amended labour. If youve downloaded the app, you will need to download the update. Better work is a unique partnership programme between the international labour organization ilo and the international finance corporation ifc aimed at. The main law regulating employment relationships in vietnam is the.
On 28 april 2019, the ministry of labour invalids and social affairs published a draft law amendment to the labour code the draft amended labour code. Employment manual1 this employment manual is intended to be an easy desktop reference for the chief representative, the general director, the human resources manager, or any person who wants a good understanding of vietnam s labor laws. National assembly socialist republic of viet nam independence freedom happiness law no. Get vietnamese labour law guide microsoft store enau. Download this app from microsoft store for windows 10 mobile, windows phone 8. Vietnam s labour laws are heavily employeefriendly, particularly on issues related to the termination or dismissal of employees. Guide to vietnamese labour law for the garment industry international labour office hu. Guide to vietnamese labour law for the garment industry. The labor code 2019 effective jan 01, 2021 nhankiet. Laws and regulations ministry of labour, immigration and.
Vietnam employment law outlook for 2018 the beginning of 2018 marks the introduction of a number of changes to vietnam s labor regulations which will have an impact on employers this year. However the law does not apply to foreign national working in vietnam via an internal company transfer under a foreign labor. A total of 435 deputies voted in favour of the new law. Vietnam labor law, however, is protective of employees. An overview of vietnam labor law this article provides a comprehensive introduction to vietnam labor law, including information on hiring an employee, maintaining the employment relationship, modifying the employment relationship, and terminating the employment contract. With cheap labour, vietnam is a very attractive country for foreign investors. International labour standards in viet nam ilo in viet nam. Labor law amended section 1 general provisions article 1 objectives this law defines the principles, regulations and measures on administration, monitoring, labor skills development, recruitment, and labor. After many rounds of negotiations, the updated new labour. The guide integrates every major source of vietnam labour law. The vietnamese labor law applies to all employers working in vietnam under labor contracts regardless of whether such employees are vietnamese or foreign nationals.
Vietnam employment law masterclass 2627 august 2020 vietnam has a civil law system which has evolved to include some common law elements. This labor code also applies to the apprentices, house workers and a number of other jobs defined in this code. The socialist republic of vietnam independence freedom happiness no. See more photos on international labour standards in ilo flickr photo library viet nam has ratified 22 ilo conventions, including six core conventions namely. The labour law related to termination applies to all workers under employment contracts in vietnam, regardless of whether they are foreign employees or local employees.