Assess work permit eligibility
Review the actual role, employer, work arrangement and evidence before commissioning overseas documents.
Employment & immigration in Vietnam
Duong Tri Law advises employers and employees on contracts, pay and benefits, insurance, workplace rules, discipline, termination and employment disputes. We review the actual relationship, records, proposed action and relevant dates before agreeing the work. FDI businesses and overseas management should coordinate Vietnam employment decisions with the separate work-authorisation and immigration position of foreign personnel.
Review workforce risks Align employment records Assess an existing dispute
Coordinate the foreign-personnel journey
Check a possible exemption
Distinguish exemption confirmation from notification and document the basis relied on.
Plan residence and sponsorship
Review visa and residence status alongside work authorisation, including sponsor and expiry dates.
Keep employment records aligned
Contracts, policies, pay records and management decisions need to reflect the actual working relationship. Work-authorisation and residence procedures should be coordinated with onboarding, changes and termination. Payroll administration, immigration filings and disputes are separately scoped where appropriate.
REVIEW BEFORE TAKING ACTION
Employment rules affect the whole working relationship
From recruitment through termination, the records, process, authority and evidence should match the actual circumstances. A group policy, contract template or management preference does not replace the applicable Vietnam requirements.
Recruitment and contracting
Review contract type, probation, duties, pay, confidentiality and assets provided. Identify the actual employer and signing authority.
Working time and entitlements
Review hours, overtime, leave, remuneration, allowances, insurance and other applicable benefits. Coverage and obligations depend on the person and relationship concerned.
Discipline and changes to work
Assess the alleged conduct, effective workplace rules, authority, process, reassignment and material liability. Evidence and procedural safeguards need review before a decision.
Termination and disputes
Review the legal basis, any notice requirement, entitlements, records and negotiation or proceedings route. Different termination grounds and disputes follow different rules.
EMPLOYMENT LEGAL SERVICES
Choose support for the workforce issue
The service categories cover legal advice, workplace governance, collective relations and dispute assessment. The proposed work identifies the documents/advice to be delivered, client responsibilities and any separate filing, payroll or proceedings work.
EMPLOYMENT RECORDS
Keep related documents and the actual data consistent
A proposed HR action should be assessed against the contract, effective rules, policies, minutes and actual working records. An internally consistent document set supports implementation and evidence; it does not guarantee that a decision is lawful.
RECRUITMENT AND TERMS
Contracts, annexes and job descriptions
Contract type and term, duties, workplace, pay, probation, confidentiality and assets should reflect the actual relationship and any applicable mandatory terms.
WORKPLACE GOVERNANCE
Rules, policies and HR processes
Workplace conduct, remuneration/performance arrangements, confidentiality, assets, discipline and material responsibility need aligned wording and a lawful implementation process.
PAY AND INSURANCE
Payroll, timekeeping and insurance records
Review working/overtime/leave data, allowances, insurance coverage/contributions and evidence of payment. Payroll administration or contribution calculations are separate unless expressly agreed.
DIALOGUE AND BARGAINING
Dialogue records and collective agreements
Retain bargaining content, consultation and voting results, signing authority and the records required for the appropriate submission.
ALLEGED MISCONDUCT
Minutes, notices and HR decisions
Review the evidence, process, required participants, time limits, authority and proposed decision. A message or admission alone does not replace the full procedural review.
ENDING THE RELATIONSHIP
Notice, settlement of entitlements and handover
Assess the termination basis, applicable notice, pay/benefits, insurance records, assets and employment confirmations. The client implements the agreed HR steps; later disputes require a separate mandate.
HOW THE WORK PROCEEDS
From the workforce situation to an agreed legal plan
The work depends on the existing records, when the issue arose and the objective of the party seeking advice. Identify any intended decision, notice or procedural deadline early; do not assume one standard timetable fits every matter.
Understand the situation
Identify whether you are the employer or employee, the relationship, objective, chronology, relevant people and available records. Agree the intake channel before sharing personal or sensitive HR information.
Review the evidence and legal basis
Assess the contract, rules, collective agreement, decisions, payroll/insurance information and correspondence relevant to the issue. Identify missing records and factual points the client must confirm.
Agree the scope and next steps
Confirm the advice, draft/revised documents or agreed filing support; client responsibilities; working language; timing dependencies and fees. Official charges and third-party costs are separate. Recruitment, payroll processing, insurance administration, immigration and proceedings are included only where agreed.
Carry out and explain the agreed work
Prepare or comment on the agreed records, support discussions within scope and hand over advice/documents with implementation points. The client makes and implements management/commercial choices; continuing HR administration, monitoring and later proceedings are separately scoped.
Legal framework
Rules relevant to the employment relationship
Assess contracts, workplace rules, wages, insurance and disputes against the provisions effective for the relevant person, date and action. Different employee categories and circumstances can lead to different obligations.
APPLICATION PRINCIPLE
Review both the legal basis and the process
Before a decision, review the contract, effective rules, authority, time limits, required participants, evidence and entitlements. A policy or legal clause cannot replace the applicable statutory procedure.
EMPLOYMENT RELATIONS
Labour Code 45/2019/QH14
The general framework for employment contracts, remuneration, working time, discipline, termination and employment disputes, read with applicable amendments and implementing rules.
IMPLEMENTING RULES
Decree 145/2020/ND-CP, as amended
Relevant to working conditions, internal labour rules, dialogue, collective bargaining and employment relations. Use the current provision and competent-authority arrangements for the actual procedure.
Decree 145/2020 — official source
SOCIAL INSURANCE
Law 41/2024/QH15 and Decree 158/2025/ND-CP
Effective 1 July 2025 for the new social-insurance framework and compulsory social-insurance implementation. Assess coverage and obligations for the actual relationship, including foreign employees where relevant.
Decree 158/2025 — official source
EMPLOYMENT AND MINIMUM WAGES
Law 74/2025/QH15 and Decree 293/2025/ND-CP
Effective 1 January 2026: the Employment Law and minimum-wage framework respectively. The applicable wage region, contract and working arrangement require review; no universal rate is stated here.
Minimum-wage Decree 293/2025 — official source
FOREIGN EMPLOYEES
Work authorisation for foreign personnel
Work permits and exemptions require a review of the person, employer/host, actual role, form of work, locations and dates. Employment terms, permission to work and visa/residence status are separate questions; do not assume one document resolves all three. The linked English work-permit service explains the current Decree 219/2025 framework and the client inputs needed.
Work permits for foreign employeesAssess new grant, extension or reissue against the actual role, experience, qualifications, work form and locations. Corporate or job changes can affect the required route. Work permit exemption servicesIdentify the actual exemption basis and whether confirmation or notification is required for the case. An investor title, visit visa or overseas employment contract alone should not be treated as a universal exemption. Foreign investment and related proceduresCoordinate relevant FDI company, representative-office/branch and foreign-personnel questions with the appropriate service and applicant.
FREQUENTLY ASKED QUESTIONS
Questions to clarify before an HR decision
Advice depends on the contract, rules, decisions, evidence and actual employment relationship. Identify your role and any deadline, and agree how sensitive records will be provided.
When should a business seek employment advice?
Before signing or changing employment terms, issuing rules, taking disciplinary action, reassigning work, restructuring or terminating employment. Earlier review helps identify the correct basis, procedure, required records and related obligations; it cannot guarantee that a preferred outcome is available.
Do employers with fewer than ten employees register internal labour rules?
The registration requirement applies to employers with ten or more employees. For fewer than ten, the rules need not be in writing, but labour discipline and material-liability terms must be agreed in the employment contract under the implementing rules. If written rules are adopted, their issuance and effective position still need review. A small headcount does not remove employment-law duties.
Is a collective labour agreement compulsory?
It is not a universal mandatory document for every employer. A collective agreement results from collective bargaining and becomes binding when lawfully concluded under the applicable requirements. Review the parties, consultation/voting and signing process and the relationship with mandatory employee protections.
Can discipline be based only on email or messages?
Electronic correspondence may be part of the evidence. Its origin, context and reliability must be assessed alongside the alleged conduct, effective rules, authority, time limits, participants and complete disciplinary process. Do not issue a decision on the assumption that one message proves every required element.
Must every employment dispute go through conciliation before court?
No single sequence applies to all disputes. Classify the claim, check any exception, jurisdiction and time limit, and assess whether conciliation, arbitration or court proceedings are available or required. Negotiations should not be allowed to obscure a deadline or necessary procedural step.