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LABOR LAW IN VIETNAM

In the context of a rapidly developing economy and a constantly evolving labor market, understanding and complying with labor law regulations is a key factor in protecting the rights of both employees and employers. However, Vietnam’s labor law system is becoming more diverse and complex, requiring in-depth legal understanding for effective application in practice. Labor law consulting services are the solution to support businesses in building a compliant working environment while helping employees understand and protect their legitimate rights.

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    Key labor law documents businesses should know

    Labor law documents that businesses should know

    Labor Code 2019 and guiding documents

    The Labor Code governs labor standards, rights, obligations, and responsibilities of employees, employers, and representative organizations, as well as state management in labor relations.

    Key guiding documents include:

    • Decree 145/2020/ND-CP guiding the Labor Code on working conditions and labor relations;
    • Decree 135/2020/ND-CP regulating retirement age;
    • Decree 74/2024/ND-CP stipulates the minimum wage for employees working under labor contracts;
    • Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam; amended and supplemented by Decree 70/2023/ND-CP, Decree 128/2025/ND-CP;
    • Decree 12/2022/ND-CP on administrative sanctions for violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts;
    • Circular 09/2020/TT-BLDTBXH guiding the Labor Code on child labor;
    • Circular 10/2020/TT-BLDTBXH guides the Labor Code on the content of labor contracts, collective bargaining councils, and occupations and jobs that have adverse effects on reproductive and child-rearing functions.

    Social Insurance Law 2024 and guiding documents

    Effective from July 1, 2025, regulates compulsory and voluntary social insurance regimes for employees.

    Detailed guidance documents for the 2024 Social Insurance Law include:

    • Decree 159/2025/ND-CP guiding the Law on Social Insurance on voluntary social insurance;
    • Decree 158/2025/ND-CP guiding the Law on Social Insurance on compulsory social insurance;
    • Decree 176/2025/ND-CP guiding the Law on Social Insurance on social retirement benefits;
    • Circular 12/2025/TT-BNV guiding the Law on Social Insurance on compulsory social insurance;
    • Circular 11/2025/TT-BNV guiding the Law on Social Insurance on voluntary social insurance;
    • Circular 25/2025/TT-BYT guiding the Law on Social Insurance, the Law on Occupational Safety and Hygiene in the health sector, and the Law on Medical Examination and Treatment.

    Law on Labor Safety and Hygiene 2015 and the guiding documents

    The 2015 Law on Occupational Safety and Hygiene, amended in 2024, regulates the assurance of occupational safety and hygiene; regimes for people with occupational accidents and diseases; responsibilities and powers of organizations and individuals related to occupational safety and hygiene.

    Detailed guidance documents for the Law on Labor Safety and Hygiene 2015 include:

    • Decree 88/2020/ND-CP guiding the Law on Labor Safety and Hygiene on compulsory occupational accident and disease insurance;
    • Decree 39/2016/ND-CP guiding the Law on Labor Safety and Hygiene;
    • Decree 58/2020/ND-CP stipulates the level of compulsory social insurance contributions to the Occupational Accident and Disease Insurance Fund;
    • Decree 143/2024/ND-CP stipulates voluntary social insurance for occupational accidents for employees working without labor contracts;
    • Circular 28/2021/TT-BLDTBXH guiding the Law on Labor Safety and Hygiene on the regime for employees suffering from work-related accidents and occupational diseases;...

    Other legal documents

    • Employment Law 2013: regulates policies to support job creation; labor market information, especially the unemployment insurance regime. From January 1, 2026, the Employment Law 2013 will be replaced by the Employment Law 2025.
    • Law on Vietnamese Workers Working Abroad under Contract 2020;
    • Law on Vocational Education 2014;
    • Trade Union Law 2024;…

    Labor law consulting services of Viet An Law for businesses

    Labor law consulting services of Viet An Law

    Labor law consulting services of Viet An Law

    Legal advice on labor contracts

    • Drafting and reviewing employment contracts.
    • Consulting on suitable types of contracts (definite term, indefinite term, seasonal,...).
    • Procedures and conditions for legal termination of employment contracts.
    • Consulting on resolving benefits when terminating labor contracts, invalid contracts, etc.

    Legal advice on employee benefits and regimes

    • Consulting on building salary scales and salary tables according to regulations.
    • Guidelines for salary increase and performance-based pay policies.
    • Consulting on bonus, allowance, and subsidy regulations.
    • Consulting on working hours, rest hours, holiday regime, annual leave, etc.

    Labor documentation in enterprises

    • Drafting and registering labor regulations;
    • Consulting on organizing periodic workplace dialogues and dialogue content;
    • Consulting on collective bargaining, processes, procedures, and contents of collective bargaining at enterprises;
    • Consulting on signing and drafting collective labor agreements;
    • Consulting on legal disciplinary procedures, avoiding legal risks in handling labor discipline violations.

    Legal advice on occupational safety and hygiene

    • Consulting on business responsibility in labor protection.
    • Assess risks and develop a safety plan.
    • Guidelines for handling work accidents and compensation.

    Legal advice on insurance policies

    • Obligation to participate and contribution levels of social insurance, health insurance, and unemployment insurance.
    • Procedures for resolving maternity, sickness, work accident,...
    • Resolve complaints related to social insurance.

    Legal advice on labor dispute resolution

    • Negotiation and mediation consulting.
    • Building documents and evidence for initiating a labor lawsuit
    • Representation in court or labor arbitration.
    • Guidance for employees/employers when sued.

    Other labor law issues

    • Consulting on compliance with obligations in labor relations of enterprises;
    • Consulting for businesses using foreign workers, such as work permits, bilingual contracts, etc.
    • Support labor leasing services;
    • Vocational training consultancy;
    • Resolve claims for compensation for damages and material liability in labor relations;
    • Equality policy, policy for special workers such as people with disabilities, minors, and domestic workers;
    • Consulting when being complained, denounced; being administratively sanctioned; organizing strikes;...

    Why choose Viet An Law for Labor Law consulting services?

    During business operations, companies often face legal challenges in labor contracts, discipline, terminations, social insurance, and internal policies. Misapplication of laws can lead to legal risks, labor disputes, and unexpected financial losses. Therefore, choosing a professional legal consulting unit is a key factor. Viet An Law is one of the leading units in this field, with the following outstanding advantages:

    Expert team of Labor Law specialists

    Viet An Law brings together lawyers and legal experts with many years of experience in providing labor law advice to thousands of domestic and foreign clients. The team has in-depth knowledge of the Labor Code, guiding documents, as well as practical application in businesses.

    Understand the needs of businesses and employees

    We not only provide legal advice but also provide solutions that are suitable for the actual operations of the business, balancing the interests of all parties. Viet An always puts practicality - efficiency - legal safety first.

    Diversified services, reasonable costs

    • Viet An Law provides a variety of services from basic to advanced, full package, and regular legal advice. We receive direct advice via email or online, ensuring convenience for customers anywhere.
    • Viet An Law provides labor law consulting services with flexible fees, suitable for the needs and scale of each business, from startups, small businesses, to large corporations. The cost is calculated transparently and clearly for each specific job or periodic service package, ensuring optimal budget while still achieving the highest legal efficiency.

    Benefits of using the service compared to handling it internally

    Many businesses choose to implement labor legal issues themselves with internal resources to save costs. However, this has many potential risks and limitations:

    • It is easy to misunderstand legal regulations and apply them incorrectly, leading to the risk of being fined or having labor disputes.
    • It takes time and effort to research, especially without legal expertise.
    • Inability to handle sensitive situations such as discipline, dismissal, and termination
    • Cannot legally represent when there is a dispute
    • High costs if errors lead to litigation or fines from inspectors

    When using Viet An Law's services, customers will receive:

    • Get in-depth advice, updated according to the latest legal regulations;
    • Save time, focus on core business;
    • Be guided on legal procedures to prevent legal risks;
    • Have a lawyer represent you in negotiations, mediation, and even in court if necessary;
    • Stable service costs help businesses prevent and control risks from the beginning;…

    If you have any questions or need labor law consulting services, please don’t hesitate to contact Viet An Law for the most effective legal support.

    LEGAL LABOUR CONSULTANCY ON FOCUS

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    The employee and employer have the right to authorize another person to sign the labor contract, but that person cannot continuely authorize a third person...

    Procedures for granting Temporary Residence Card in Vietnam: Processing for issuance of Temporary Residence card as follows, Term...

    LEGAL LABOUR OPTIONS

    Unpaid Leave Regulations for Employees in Vietnam

    Unpaid Leave Regulations for Employees in Vietnam

    During the course of employment, there are many cases in which employees must temporarily leave work due to personal reasons or unforeseen circumstances. However, not all cases of leave are…
    Instructions for paying voluntary social insurance online – directly in Vietnam

    Instructions for paying voluntary social insurance online – directly in Vietnam

    Voluntary social insurance is a method of insurance payment whereby people can choose the payment rate and method of participation in accordance with their income and needs. The following article…
    Overtime Pay Regulations for Workers in Vietnam

    Overtime Pay Regulations for Workers in Vietnam

    Currently, according to legal regulations, employees who work overtime to complete their tasks are entitled to additional payment for the overtime hours by the employer. However, many companies still fail…
    Benefits of participating in health insurance for 5 consecutive years in Vietnam

    Benefits of participating in health insurance for 5 consecutive years in Vietnam

    When participating in health insurance (HI) continuously for 5 years, participants will enjoy higher and more special benefits when going for medical examination and treatment. So, what does 5 consecutive…
    Vietnam's New 10-Year Golden Visa

    Vietnam's New 10-Year Golden Visa

    Vietnam’s 10-Year Golden Visa Program is currently in the proposal stage and does not yet have an official legal basis...
    Guide to Labor Disciplinary Procedures in Vietnam

    Guide to Labor Disciplinary Procedures in Vietnam

    Labor discipline is the regulations on compliance with time, technology and production, and business management issued by the employer in the labor regulations and prescribed by law. In some cases,…
    Cases of suspension of labor contract in Vietnam

    Cases of suspension of labor contract in Vietnam

    mmmmIn the relationship between employees and employers, there is always a labor contract as the basis for the rights and obligations of both parties. Any breach of the labor contract…
    Do businesses have to compensate employees if they pay late?

    Do businesses have to compensate employees if they pay late?

    Do businesses have to compensate employees if they pay wages late? Salaries are the most fundamental benefit for employees. Correspondingly, paying wages is the basic obligation of the enterprises (employers)…
    Employees take leave without permission regulation in Vietnam

    Employees take leave without permission regulation in Vietnam

    Employees who take leave without permission may face disciplinary action or lose benefits they are entitled to under labor law. Both employers and employees are concerned about this legal issue.…
    How many days notice need to be given when resigning?

    How many days notice need to be given when resigning?

    During the course of an employment contract, there can be various reasons that lead an employee to resign. One of the common questions that arise is: When is it acceptable…

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