Employment Laws and Regulations
Employer’s Obligation to Provide a Healthy and Safe Workplace
There are several necessary employer obligations to providing a safe workplace in Vietnam. These obligations are set out in the Labor Code of Vietnam and other relevant laws and regulations.
Here are some of the key employer obligations to providing a safe workplace in Vietnam:
- Employers must provide employees with safe and healthy working conditions. This includes providing safe equipment and machinery, training employees on safety procedures, and maintaining a safe work environment.
- Employers must assess and control risks to the safety and health of employees. This includes identifying hazards, assessing the risks associated with those hazards, and taking steps to control or eliminate the risks.
- Employers must provide employees with personal protective equipment (PPE) where necessary.
- Employers must inform employees of the risks to their safety and health at work.
- Employers must consult with employees on safety and health matters.
- Employers must investigate accidents and incidents and take steps to prevent them from happening again.
Employers who fail to comply with their obligations to provide a safe workplace in Vietnam may be subject to fines, administrative penalties, and even criminal sanctions.
Maximum Working Week
The maximum working week in Vietnam is 48 hours, according to the Labor Code of Vietnam. This includes both regular and overtime work. Employers are not permitted to require employees to work more than 48 hours per week, except in certain limited circumstances, such as when dealing with an emergency or when the employee has agreed to work overtime.
Annual Leave
The annual leave entitlement for employees in Vietnam is established by the Labor Code of Vietnam. Here’s a summary of what it entails:
- Normal Conditions: Employees working under standard conditions are entitled to 12 working days of annual leave.
- Special Conditions (14-16 Days): Certain categories of workers, such as underage employees, disabled individuals, and those engaged in strenuous, hazardous, or dangerous jobs, are entitled to a longer annual leave of 14 working days. For individuals involved in highly strenuous, hazardous, or dangerous occupations, the annual leave is extended to 16 working days.
- Proportional Leave: For employees who have not completed a full 12 months of service with an employer, their annual leave entitlement is calculated proportionally based on the number of months they have worked.
Sick Leave
Vietnamese employees who are medically certified as sick are eligible for paid sick leave through the Social Insurance Authority. Employees must submit a medical certificate within 48 hours of their illness onset. The amount varies based on the duration of contributions to the Social Insurance Fund:
- 30 days per year (for under 15 years of contributions)
- 40 days per year (for 15 to 30 years of contributions)
- 60 days per year (for over 30 years of contributions)
- 180 days per year for specific long-term treatments. The first 180 days, including public holidays, New Year holidays, and weekly rest days, are entitled to 75% of the salary. Those needing extended treatment receive sick pay at a reduced rate of 45% to 65% of their salary.
Maternity and Paternity Leave
- Maternity leave
Employees in Vietnam are entitled to 6 months of paid maternity leave for the birth of their first child. This leave can be extended to 12 months for the birth of a second child, and 18 months for the birth of a third child or more.
Employees are also entitled to 30 days of paid maternity leave before the birth of their child. This leave can be used for prenatal care appointments and to prepare for the birth of the child.
During maternity leave, employees are entitled to receive 100% of their regular salary and benefits. They are also entitled to receive a number of other benefits, such as reimbursement for medical expenses and travel expenses.
- Paternity leave
Employees in Vietnam are entitled to 14 days of paid paternity leave for the birth of their child. This leave can be taken at any time within the first 6 months of the child’s birth.
During paternity leave, employees are entitled to receive 100% of their regular salary and benefits.
Payroll
The payroll cycle in Vietnam is typically monthly, and employees are paid on the last working day of the month. However, some employers may pay their employees on a biweekly or semi-monthly basis.
Minimum Wage Laws
In Vietnam, there are two categories of minimum wages as stipulated by the labor code:
- Common Minimum Wage: The common minimum wage, currently set at VND 2,340,000 (effective 1st July 2024), is used as a basis for calculating salaries in state-owned organizations and enterprises. Additionally, the maximum salary used for Social Insurance contributions will be capped at 20 times the base wage, and for Unemployment Insurance contributions, it will be capped at 20 times the regional minimum wage.
- Regional Minimum Wage: The country’s labor code also defines regional minimum wage rates, which vary based on geographic regions. These rates ensure that employees in non-state enterprises receive appropriate compensation. The regional minimum wage rates for different regions are as follows:
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- Region I: VND 22,500 per hour (equivalent to US$0.97)
- Region II: VND 20,000 per hour (equivalent to US$0.86)
- Region III: VND 17,500 per hour (equivalent to US$0.75)
- Region IV: VND 15,600 per hour (equivalent to US$0.67)
*Region I – covers urban Hanoi and Ho Chi Minh City
*Region II – covers rural Hanoi and Ho Chi Minh City along with Da Nang
*Region III – includes provincial cities and districts of Bac Ninh, Bac Giang, Hai Duong, Phu Tho, Binh Phuc and other provinces not listed in Region I and Region II
*Region IV – covers remaining localities
Note: Changes in the base and regional minimum wages in Vietnam, effective 1st July 2024.
- The regional minimum wage will rise from VND 4,680,000 to VND 4,960,000.
Overtime
In Vietnam, overtime compensation is determined based on several factors to ensure fair remuneration for employees. Here’s a breakdown of the overtime pay rates:
- Regular Days (150%): On regular workdays, the minimum wage rate should be at least 150% of the normal hourly wage for each hour of overtime worked.
- Weekly Rest Days (200%): On weekly rest days, employees are entitled to higher compensation, with the minimum wage rate set at 200% of the regular hourly wage for overtime hours.
- Public Holidays, New Year Holidays, and Paid Leave Days (300%): On special occasions such as public holidays, New Year holidays, and other paid leave days, the minimum wage rate for overtime should be at least 300%. This calculation excludes additional holiday pay, New Year holiday pay, and paid leave pay for employees who receive daily wages.
- Night Work (30% Extra): Employees working night shifts are eligible for an extra payment of at least 30% of their regular hourly wage or their actual wage for daytime work.
- Overtime at Night (20% Extra): When employees work overtime during the night, they receive an additional 20% of their wage, calculated based on the hourly wage rate or the daytime wage for regular working days, weekly rest days, public holidays, and New Year holidays.
Bonus
No legal requirements.
Social Insurance
The employee contribution rate is 8% of wages, while the employer contribution rate is 17.5% of wages. These contributions are used to fund the following mandatory social insurance programs:
- Sick leave
- Maternity leave
- Allowances for work-related accidents and occupational diseases
- Pension Allowance
- Mortality Allowance
Employers are required to pay the social insurance contributions on time and in full on behalf of their employees. Failure to do so may result in fines and other penalties.
Health Insurance
The health insurance contribution rate is 3% of wages for employees and 3% of wages for employers. These contributions are used to fund the health insurance program, which is administered by the Vietnam Social Security (VSS).
Employees enrolled in the health insurance program are entitled to a number of benefits, including:
- Coverage for medical expenses incurred at public and private hospitals and clinics
- Coverage for hospitalization expenses
- Coverage for maternity care expenses
- Coverage for prescription drugs
Employees can also purchase supplementary health insurance plans to provide additional coverage and benefits. Supplementary health insurance plans are typically offered by private insurance companies.
Employers in Vietnam are required to register their employees with the VSS and to pay the health insurance contributions on their behalf. Employers can also choose to provide their employees with supplementary health insurance plans, but this is not mandatory.
Trade Union
In Vietnam, trade union fees are essential for the national trade union system, following the Labor Code. All workers in different sectors, including employees, government staff, and self-employed individuals, must pay these fees.
The fee amount is based on a worker’s income, but it cannot exceed 2% of their taxable income as per the Labor Code. Workers need to contribute 2% of their income covered by social insurance to the trade union funds.
When these fees are collected, half goes to higher-level trade unions, and the other half supports activities at the enterprise level.
Not all businesses in Vietnam are required to have a trade union. The Labor Code states that enterprises with ten or more workers must establish one. If a business doesn’t have a trade union, they must find other ways to protect their workers’ rights and benefits.
Unemployment Insurance
Unemployment insurance contributions apply exclusively to Vietnamese individuals. Both employers and employees contribute 1% each of the income subject to UI contribution. This income covers salaries, specific allowances, and regular payments, but it’s limited to 20 times the minimum regional salaries for UI contributions.
A work permit, specifically for foreigners working in Vietnam, is a document issued by Vietnamese authorities to foreign employees who meet certain legal requirements. Holding a work permit allows foreign employees to work legally and ensures the protection of their rights and interests in labor relations.
Conditions for Foreign Workers in Vietnam (Labor Code 2019, Article 151.1):
To be eligible for working in Vietnam, foreign workers must meet these criteria:
- Be at least 18 years old and have full civil capacity.
- Possess the required technical, professional, or occupational qualifications and experience, along with suitable health conditions according to the Ministry of Health’s regulations.
- Must not have a criminal record or be subject to criminal prosecution, either under foreign or Vietnamese law.
- Hold a valid work permit issued by an authorized state management agency in Vietnam, except for cases specified in Article 154 of the Labor Code.
Foreign workers in Vietnam must adhere to these conditions and the Vietnamese Labor Code, protected by Vietnamese law unless otherwise stated in international treaties to which Vietnam is a party.
Who Is Eligible for a Work Permit in Vietnam
Eligibility for applying for a work permit is defined in Decree 152/2020/ND-CP regarding work permits for foreign employees in Vietnam. Eligible individuals are foreigners entering Vietnam for various purposes, including executing labor contracts, intra-company transfer programs, business agreements, and more. Work permits are also available for those working in managerial, executive, expert, or technical roles or participating in bid contracts and projects in Vietnam.
Those who can sponsor a work permit for foreign employees include:
- Enterprises operating under the Enterprise Law, Investment Law, or relevant international treaties.
- Contractors involved in bids and contract performance.
- Representative offices, branches of enterprises, and licensed agencies and organizations.
- Various state agencies, political organizations, and socio-political-professional organizations.
- Foreign non-governmental organizations with Vietnamese licenses.
- Non-business organizations and educational institutions established under Vietnamese law.
- International organizations, foreign project offices in Vietnam, and agencies allowed by the Vietnamese government.
- Operating offices of foreign investors under business cooperation contracts or foreign contractors operating under Vietnamese law.
- Organizations operating in the legal sector in Vietnam.
- Cooperatives, cooperative unions, and business households and individuals operating according to Vietnamese law.
Documents Required for a Work Permit Application:
- Employer’s application form (Form No.11/PL1, specified in Decree No.152/2020/ND-CP).
- A fitness-to-work certificate from a competent foreign or Vietnamese health facility issued within 12 months before the application.
- A criminal record or certificate confirming the absence of a criminal record, issued by a foreign competent agency within six months of the application.
- Additional documents for managers, executives, experts, and technicians, such as diplomas, certificates, and experience proof.
- Other documents depending on the specific job position, including sports achievements, pilot licenses, aviation maintenance certificates, or ship/vessel crew member certificates.
- Notarized copies of a valid passport.
- Relevant documents for specific situations or job positions.
Work Permit Fees
Obtaining a work permit may entail additional fees. These fees can vary, but some common charges associated with the work permit application process include:
- Fee for obtaining a criminal record certificate.
- Fee for processing a work permit.
- Fee for obtaining a temporary residence card.
The employer can unilaterally terminate the labor contract under the following circumstances:
- Performance Failures
When the employee consistently fails to meet the job duties as outlined in the labor contract, based on employer-established performance criteria. These criteria are set by the employer, with consideration of input from the employee’s representative organization at the workplace, if applicable.
- Medical Condition
In the case of an indefinite-term labor contract, if the employee has been under continuous medical treatment for illness or injury for 12 months, or for 6 consecutive months in the case of a fixed-term labor contract lasting 12 to 36 months, or for more than half of the contract’s duration in the case of a fixed-term labor contract shorter than 12 months, and their ability to work has not yet recovered. If the employee’s health improves, the employer may choose to continue the labor contract.
- Forced Employment Reduction
Due to natural disasters, fires, dangerous epidemics, calamities, relocation, or business contraction as required by the competent state authority, the employer has taken all necessary measures to address the situation but is still compelled to reduce employment.
- Absence Without Reason
When the employee is absent from the workplace after the specified deadline as stated in Article 31 of this Labor Code.
- Retirement Age
If the employee reaches the retirement age (as stipulated in Article 169 of this Labor Code), except in cases of other agreements.
- Voluntary Resignation
When the employee voluntarily resigns without valid reasons for a continuous period of 5 working days or more.
- Dishonest Information
If the employee provides false information, as regulated in Article 16(2) of this Labor Code, which affects the recruitment of employees.
When unilaterally terminating the labor contract based on the circumstances outlined below, the employer must provide advance notice to the employee as follows:
- Indefinite-Term Contracts: A notice period of at least 45 days.
- Fixed-Term Contracts (12 to 36 months): A notice period of at least 30 days.
- Fixed-Term Contracts (Less than 12 months and specific cases): A notice period of at least 3 working days.
- Certain Sectors, Occupations, or Specialized Jobs: The advance notice period is determined in accordance with the Government’s regulations. (This provision is guided by Article 7 of Decree 145/2020/ND-CP, effective from February 1, 2021)
Vietnam’s Statutory Holidays
Public Holidays | Date (2024) |
---|---|
New Year’s Day | 1 Jan |
Lunar New Year (Tết) Holidays | 8-14 Feb |
Hung Kings Commemoration Day | 18 Apr |
Reunification Day | 30 Apr |
Labour Day | 1 May |
National Day | 2 Sep |
National Day Holiday | 3 Sep |
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