Tư vấn tranh chấp công ty

What is labour discipline in Vietnam? Labour discipline is the provisions on compliance matters relating to work time, technology and production and business management in labor regulations. But how to ensure the employer could apply the right labour discipline? Many employers only seek consultation from lawyers at labour law firms in Vietnam for guidance when it is too late. In general, it can be understood simply that when an employee violates the labor regulations, depending on the extent and regulations of the company, he or she will be subject to disciplinary action. The order of disciplining labor is conducted in accordance with the provisions of labour code in Vietnam. Failing to follow the order of discipline would lead to potential disputes which both employer and employee should consult with dispute lawyers at labour law firms in Vietnam for advice to protect their best interests. What are order of disciplining employee in Vietnam? Firstly, the employer must confirm the ...

Why labour contract is needed? With the global geographical tension, and uneven recovery from pandemic, there are weaker demands on employment. Sometime, there are negligence between parties to engage in tasks that have the nature of employment without proper agreement and labour compliance. Labour lawyers in Vietnam share the following opinions for reference. With the policy of opening the economy in Vietnam, not only Vietnam attracts investors to set up company in Vietnam , but also the demand for foreign workers in enterprises grows and diversifies. However, in order for Vietnam companies to be able to use foreign workers legally, they must sign a labor contract. After meeting the conditions specified in the Labor Code on the requirements for recruitment and working in Vietnam, the foreign worker working in Vietnam shall sign a labor contract before the expected date intend to work for the employer. In this contract, the employer and the foreign worker will agree on all issues a...

  Due to intricate occurrence of Covid 19, many enterprises are forced themselves to reduce the number of employees for maintaining the operation financially. Specifically, the employer has to make difficult decision to terminate the labor contract with the employee. The termination of the labour contract has to be considered carefully because of potential legal risks brought up which  dispute lawyers in labour  should be consulted before execution. Within this post, we are not trying to resolve all cases but only aiming to brief some matters of concern for preparation. The employer could refer to the regulation in the Labor Code which allows “an employer may unilaterally terminate a labor contract if as a result of natural disaster, fire or another force majeure event as prescribed by law, the employer, though having applied every remedial measure, has to scale down production and cut jobs. Force majeure in this case is understood as (i) Enemy-inflicates destruction, epi...

During and after the Covid-19 pandemic, the financial health of enterprises have been negatively impacted leading to management’s decision to reduce cost through termination of labour contract with employee. The illegal termination of labour contract could lead to disputes between employer and employee which sometime would cost the employer more than it gains. It is important for the employer to engage with labour lawyers to consult before taking the decision to consider factors that would involve. After disputes arise, mediator or labour arbitration councils could be used for resolving disputes. Individual labor disputes shall be settled through mediation by labor mediators before being brought to the Labor arbitration council or the Court, except for the following labor disputes which mediation is not mandatory: disputes over disciplining under dismissal or unilateral termination of employment contracts; disputes over damages and allowances upon termination of employment contracts; d...

The Covid-19 epidemic has seriously affected the development of the economy and society. The situation of businesses being spacing as well as suspension of production and service provision happens regularly in epidemic-affected localities, and that also seriously affects the life stability of employees. Because most enterprises’ financial situations get worse, so the businesses seem like they cannot guarantee income for employees. This is a force majeure and legal event, and the labor law has specific provisions to balance and ensure the interests of employees but also make the best support to enterprises. Specifically, according to the provisions of Clause 3, Article 99 of the Labor Code 2019, specific instructions are provided in Official Dispatch No. 264/QHLĐTL-TL of Ministry of Labor – Invalids and Social affairs about paying salary (known as “ stoppage salary”) for employees during the shutdown period related to the Covid-19 epidemic on July 15, 2021; direct instructions for busi...

  The employer shall pay the employee on the basis of the agreed salary, productivity and work quality. The salary written in the employment contract and the salary paid shall be made in Vietnam dong. If the employee is a foreigner working in Vietnam, the salary payment to foreigners can be made in foreign currency. The payment of salary to the employee by the employer has to follow salary payment rules clearly regulated under the labour to protect the interest of the employee and avoid disputes in employment relationship. Employers shall directly, fully and punctually pay salaries to their employees. In the cases where an employee is not able to directly receive his/her salary, the employer may pay it through a person legally authorized by the employee. Employers must not restrict or interfere their employees’ spending of their salaries; must not force their employees to spend their salaries on goods or services of the employers or any particular providers decided by the employers...

Draft Labor Rules in Vietnam in Accordance with Vietnam Labor Code In adherence to the stipulations outlined in the Vietnam Labor Code, to draft labor rules in Vietnam that comply is a crucial aspect for employers. There are some important points to cover for employers to draft the labor rules in Vietnam in accordance with Vietnam Labor Code as follows: 1. Mandatory Issuance of Labor Rules: Employers, when employing ten or more workers, are mandated to draft labor rules in Vietnam enterprise. If the workforce is less than ten, while a written document is not obligatory, an agreement on labor discipline and material responsibilities within the labor contract must be established. 2. Content in Labor Rules: The content of labor rules must conform to labor laws and related legal provisions when the employers draft labor rules in Vietnam. Key components for employers to consider to draft labor rules in Vietnam is to encompass: Working hours and breaks: Defining normal working hours per da...

Vietnam’s real estate market has been a hotbed for foreign investments in recent years. However, circumstances change, and foreign property owners might decide to sell property in Vietnam. This post delves into the dynamics of foreigner-to-buyer property sales in Vietnam, highlighting the importance of real estate law firms in facilitating these transactions and safeguarding the best interests of sellers. The Evolving Real Estate Landscape in Vietnam Vietnam’s property market has become increasingly appealing to foreign investors for various reasons: 1. Economic Growth: Vietnam’s consistent economic growth has fostered a favorable environment for property investment. 2. Tourism Boom: The country’s thriving tourism industry has increased the demand for holiday homes and investment properties. 3. Foreign Ownership Laws: The Vietnamese government has relaxed foreign ownership laws, making it easier for non-nationals to invest in real estate. 4. Capital Appreciation: Property values in Vie...

Vietnam is quickly emerging as a top destination for investment and business opportunities. To  start an LLC in Vietnam  is a great way for investors to capitalize on these opportunities while taking advantage of the country’s favorable legal and economic environment. What is LLC in Vietnam? Limited Liability Company (LLC) is a legal business structure regulated under Vietnam Law. It is one of the common forms of  doing business in Vietnam . It is formed by two or more members, and the liability of each member for the debt and obligations of the company is limited to the amount of the contribution. Members are also not personally liable for any other debts of the company. As an LLC, the company has limited liability and centralized management, which allows it to focus on business operations without the complexity of corporate governance issues. If the investors later consider to raise capital, they would need to convert the LLC into joint stock company so as they could is...

  On November 28, 2023, with 465 out of 494 delegates participating in the vote of approval (making up a percentage of 94.13%), the National Assembly officially passed the amended  Vietnam real estate law , which will come into effect on January 1, 2025. This new Vietnam real estate law is a significant legislative project aimed at adapting to the development trends of technology and enhancing the efficiency of real estate resource management. The following article will provide basic information on some key points of this Vietnam real estate law. Types of Real Estates Allowed for Transaction in the Vietnam Real Estate Law: The types of real estates permitted for real estate transaction under the amended Vietnam real estate law include: 1. Existing residential properties and those to be formed in the future. 2. Existing construction works and those to be formed in the future, including constructions serving purposes such as education, healthcare, sports, culture, offices, comme...

  Antitrust and  competition law firms in Vietnam  are witnessing a changing legal landscape, as competition rules are increasingly linked to the provisions of international trade agreements. In the dynamic landscape of global commerce, the intertwining realms of antitrust and international trade agreements play a pivotal role in shaping business practices and market competition. This synergy becomes even more pronounced in the context of Vietnam, a nation with a rapidly growing economy and a burgeoning appetite for international trade. As Vietnam continues to integrate itself into the global market, the interplay between antitrust regulations and international trade agreements has significant implications, both for businesses and the legal experts who specialize in these areas. In this article, we will explore the connection between antitrust regulations and international trade agreements in Vietnam and examine the implications for businesses and the law firms that advis...

In the bustling world of international trade, crafting a comprehensive sales contract is a pivotal step towards a successful partnership. Particularly in Vietnam, a dynamic and rapidly growing economy, the need for well-structured contracts is paramount. This article is about how to create a sales contract in Vietnam , emphasizing key considerations and crucial clauses that are often overlooked. Understanding the Landscape Before delving into the details of drafting a solid sales contract in Vietnam and address the questions on how to create a sales contract in Vietnam, it’s essential to grasp the unique aspects of the market. Vietnam’s international trade has been on a consistent upward trajectory, with manufacturing, exports, and foreign investment flourishing. This booming environment presents a wealth of opportunities but also requires careful navigation through legal and contractual matters. Key Elements on How to Create a Sales Contract in Vietnam 1. Clear and Concise Definitions...