The labour code (amended version) has been approved by the 13th National Assembly of Vietnam on June 18th, 2012, become effective from May 01st, 2013. It consists of 17 chapters, 242 articles and has been developed in order to establish a legal framework including rights and obligations of both employers and employees, regulations of working time, labour contracts, social insurance payment, overworking, strikes, and termination of labour contract. Particularly:

1. Working age

The minimum working age in Vietnam is 15. Trainees in vocational training centers shall be at least thirteen (13) years old, excepting the other regulations of the Ministry of Labour, War – Invalids and Social Affairs with regard to the specific jobs, and shall have enough health in order to meet working requirements.

2. Recruitment

The recruitment of Vietnamese employees to work for Vietnamese employers; work in industrial zones, export processing zones, hi- tech zones and economic zones (hereinafter referred to as Industrial zones) according to the regulations in the Article 11 and the clause 2 the Article 168 of the Labor Code are detailed as following:

Employers will have the right to recuit Vietnamese employees directly or indirectly via job service organizations, labour sublease enterprises;

Employees will have the direct rights with their employers or register in job service organizations in order to find a job.

3. Labour contracts

Forms of labour contracts:

Labour contracts of indefinite term: refer to labour contracts in which both parties do not determine term of the contracts or expiry date of the contracts.

Labour contracts of definite term: refer to labour contracts in which both parties determine term of the contracts or expiry date of the contracts during from 12 months to 36 months.

Seasonal labor contracts or assignment labour contracts have terms during at most 12 months.

4. Time of Probation

Time of probation will be relied on the natures and complexity of each job but employees will only be on probation one time for one job and the following conditions must be satisfied:

Time of probation does not exceed 60 days for jobs whose occupational titles need professional qualification, technical knowledge of employees graduated from at least associate training programs;

Time of probation does not exceed 30 days for jobs whose occupational titles need professional qualification, technical knowledge of employees graduated from vocational schools, professional vocational college, technical staffs, professional staffs;

Time of probation does not exceed 6 business days for other jobs;

Salary of employees during the probationary period will be agreed by both parties but shall be equivalent to at least 85% of salary of such job.

5. Cases of termination of the labor contracts

Labour contracts are expiry, unless the cases as stipulated in the clause 6 the Article 192 of the labour code.

All work and duties are completed in accordance with labour contracts

Both parties agree to terminate labour contracts.

Employees have enough conditions of time of social insurance payment and retirement age in accordance with the regulations of the Article 187 of the labour code.

Employees are sentenced to prison, are sentenced to death or are banned to the jobs as stated in their labour contracts in accordance with valid judgments or decisions of courts.

Employees die, are declared to miss their own civil capacities, missing or dying by courts

Individual employers die, are declared to miss their own civil capacities, missing or dying; employers who are not individuals terminate labour contracts.

Employees are dismissed as a form of discipline in accordance with regulations of the clause 3 the article 125 of the labour code.

Employees unilaterally terminate labor contracts in accordance with regulations of the Article 37 of the Labour code.

Employers unilaterally terminate labor contracts in accordance with regulations of the Article 38 of the Labour code; employers let the employees leave their work due to change of structure, change of technologies or economic reasons or due to merger, consolidation or split of enterprises, cooperatives.

6. Unilateral termination of labor contracts

(i) Employees

Employees who are working in accordance with Labour contracts of indefinite term, Labour contracts of definite term or Seasonal labor contracts or assignment labour contracts with terms during at most 12 months will have the right to unilaterally terminate labour contracts before the expiry date in the following events:

Employees are not assigned tasks in accordance with job, work place or are not ensure working conditions as agreed in labour contracts;

Employees are not fully or punctually paid salary as agreed in labour contracts;

Employees are suffered from maltreatment, of sexual harassment, forced labor;

Employees or Employees’ family have difficult conditions, thus the Employees can not continue performing the labour contracts;

Employees are elected to hold full-time positions in elected bodies or are appointed to act as positions in the state apparatus;

Female employees are pregnant and must be off work according to instruction of competent medical institutions;

Employees are sick or meet with accidents and treated during 90 consecutive days for those who are working in accordance with Labour contracts of indefinite term and ¼ of term of labour contracts for those who working in accordance with Seasonal labor contracts or assignment labour contracts with terms during at most 12 months, however, the employees have not been recovered their health.

(ii)  Employers

Employers will have the right to unilaterally terminate labour contracts before the expiry date in the following events:

Employees often fails to complete their work in acordance with labour contracts;

Employees are sick or meet with accidents and treated during 12 consecutive months for those who are working in accordance with Labour contracts of indefinite term, and during 6 consecutive months for those who are working in accordance with Labour contracts of definite term, and more than a half of term of labour contracts for those who working in accordance with Seasonal labor contracts or assignment labour contracts with terms during at most 12 months, however, the employees have not been recovered their health. When the employees’ health is recovered, employers will consider to continue entering into labour contracts with the employees;

Due to natural disasters, fires or other force major reasons according to regulations of the law, employers try their best to remedy but still compulsorily narrow their production and decrease work place;

Employees are absent from their work places after the time as stipulated in the article 33 of the labour code.

7. Working time, rest time

Total time of overworking of employees will not exceed 50% of total time of official working in one day; in the event of applying working regulations on the basis of a week, then total time of official workingand total time of overworking will not exceed 12 hours per one day; will not exceed 30 hours per one month, and total time of working will not exceed 200 hours per one year; unless otherwise stipulated by the Government in some special cases, total time of overworking will not exceed 300 hours per one year. According to regulations of the Chapter VII of the Labour Code, employees will be entitled to be off during 10 days/ year as paid annual leave, of which employees will be off during 5 days in Lunar New Year (Tet holiday) which is increased by 01 day compared to the current law (09 days of paid annual leave, of which employees will be off during 4 days in Lunar New Year). In addition, employees will be off in the special events that: mother, father or sibling passes away: “Employees will be off during 01 day as unpaid leave and must notify their employers in the events that paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother or sibling passes away; father or mother is getting married; sibling is getting married (The clause 2 the Article 116). Especially, foreign employees will be off on their traditional Tet holiday and Independence Day of their countries.

8. Sublease of employees

Sublease of employees means that employees who have been recruited by enterprises licenced to sublease employees are working for other employers and are operated and managed by the last employers and still maintain the labour relationship with the former employers who are enterprises licensed to sublease employees. Sublease of employees is a conditional business line and enterprises will only do its business for some specific jobs.

 

ENTRY AND EXIT

1. Visa

Visa is the paper issued by the competent authorities of Vietnam, allows the foreigners entering Vietnam.

a. Visa conditions

– Having passport or valid documents for international travel;

– Invited or guaranteed by agencies, organizations or individuals in Vietnam, unless otherwise specified in Clause 3 of Article 17 of the Law on entry, exit, transit and residence of the foreigners in Vietnam in 2014;

– Not subject to the cases of not-yet permission of entry (as listed below).

– The following cases applying for visa must have proof of immigration purposes:

+ The foreigners working as the investors must have proof of investment in Vietnam in accordance with the Law on Investment;

+ The foreigners who practice the law in Vietnam must be licensed under the provisions of the Law on Lawyers;

+ The foreigners who work as the employees must have a work permit under the provisions of the Labor Law;

+ The foreigners who study must have written approval of the schools or educational institutes in Vietnam.

b. Entry conditions

The foreigners are allowed to enter Vietnam when they fully meet the following conditions:

– Passport or valid documents for international travel and visa.

The foreigners who enter the country under the unilateral visa exemption must have passport with validity at least 06 months and far from the time of exit from Vietnam previously at least 30 days;

– Not subject to the cases of not-yet permission of entry:

No passport or valid documents for international travel and visa;

Children under 14 years old unaccompanied by father, mother, guardian or person authorized;

Forging documents, false declaration in order to be granted papers valid for entry, exit, residence;

People with mental illness or infectious disease endangering the public health;

Deported from Vietnam for less than 03 years from the date of effective expulsion decisions;

Forced to exit from Vietnam for less than 06 months from the date of effective forced-exit decisions;

For reasons of prevention of disease;

For reasons of disasters;

For reasons of national defense, security, social order and social safety.

c. Exit conditions

The foreigners may exit when satisfying the following conditions:

– Passport or valid documents for international travel;

– Valid certificate of temporary residence or temporary residence card, permanent residence card;

– Not subject to the cases of exit suspension including:

Who are the accused, the defendant, who has the obligation involved in a criminal case or the defendant, who has the obligation involved in civil, commercial business, labor, administrative, marriage and family cases;

Who has the obligation to abide by the judgments and decisions of the Court, the decision of the competitive settlement Council;

Incompleteness of tax obligation;

Who has the obligations to abide by the decisions of administrative sanctions;

For reasons of national defense and security.

d. Forced to exit

The foreigners may be forced to exit in the following cases:

Expiry of temporary residence but not exitting;

For reasons of national defense, security, social order and social safety.

Jurisdiction to decide exit force is prescribed as follows:

Immigration Management Agency may make decisions to force exit for cases of temporary residence expired but not exit;

The Minister of Public Security and Minister of National Defense make decisions to force the exit for reasons of national defense, security, social order and safety.

e. Residence

(i) Temporary residence:

Temporary residence certificate and period:

– Immigration control agency grants temporary residence certificate to the foreigner by stamping on the passport or leave visa for a period as follows:

The temporary residence term is issued equally the visa term; in case that the visa validity is not exceeding 15 days, the granted temporary residence shall be 15 days; in case that visa with the symbol DT (granted to the foreign investors in Vietnam and foreign lawyers practicing in Vietnam), LD (granted to people who work as the employees), the temporary residence issuance is not exceeding 12 months and shall be considered to issue temporary residence card;

For those who are exempt from visas under international treaties to which Vietnam is a member, the time limit of temporary residence granted as stipulated by international treaties; if not stipulated by international treaties, the temporary residence granted shall be 30 days;

For those who are exempt from the visa on the border-gate economic zones, the temporary residence is granted for 15 days; to the speciall economic – administrative units, the temporary residence is granted 30 days;

For citizens of countries who are unilaterally exempt from visas by Vietnam, the temporary residence is granted for 15 days;

For the foreigners who have valid permanent residence card or temporary residence card, the temporary residence is not granted.

– The foreigners may temporarily reside in Vietnam for a period of issuing temporary residence certificate.

– Duration of temporary residence may be canceled or shortened by the immigration management agency in case that the foreigners violate the laws of Vietnam.

Declaration of temporary residence:

The foreigners temporarily residing in Vietnam must be through the officers who directly manage and operate activities of accommodation establishments to declare temporary residence with the police of communes, wards, towns or stations where locating the accommodation establishments;

The officers who directly manage and operate activities of accommodation establishments are responsible for recording full contents in the declaration form of temporary residence for the foreigners and send the police of communes, wards, towns or stations where locating the accommodation establishments within 12 hours, for the remote areas within 24 hours after the foreigners come to the accommodation establishments;

Tourist accommodation establishments as hotels must have Internet connection or computer network with immigration management agency of the central public security of the provinces and cities to transmit information on declaration of temporary residence of the foreigners. Other accommodation establishments with Internet may send information directly of declaration temporary residence of the foreigners under the electronic mailbox of the immigration management agency of the central public security of the provinces and cities;

The foreigners who change the temporary residence location or residing outside the address listed on the card, they must declare the temporary residence.

Extension of temporary residence:

The foreigners who are temporarily residing in Vietnam and have demand for extension of temporary residence must request the agencies, organizations and individuals who have invitation and/or guarantee to do procedures at the immigration management agency or competent authority of the Ministry of Foreign Affairs;

Within 05 working days since receiving full documents, the immigration management agency or competent authority of the Ministry of Foreign Affairs shall consider for the extension of temporary residence.

The cases that are granted temporary residence cards and temporary residence card sign:

The foreigners who are members of diplomatic representative agency, consular office, representative offices of international organizations under the United Nations, intergovernmental organizations in Vietnam and spouses, child under 18 years olds, maid accompanied in terms granted temporary residence card with the sign NG3.

The foreigners who are granted visas with the signs LV1, LV2, DT, NN1, NN2, DH, PV1, LD, TT shall be granted temporary residence card with signs similar to the signs of visas.

Procedures for temporary residence card:

Records for temporary residence card included:

Written request of the inviting/ guaranteeing agencies, organizations and individuals;

Delaration form to request issuance of temporary residence card with photo;

Passport;

Papers proving eligible conditions for temporary residence card.

Procedures for granting temporary residence card:

The diplomatic representative agency, consular office, representative offices authorized by the foreign countries in Vietnam shall send documents and records for issuance of temporary residence card with sign NG3 in the competent authority at the Ministry of Foreign Affairs;

The inviting/ guaranteeing agencies, organizations and individuals shall directly submit documents and records for issuance of temporary residence card for the visa-granted people with signs LV1, LV2, DT, NN1, NN2, DH, PV1, LD, TT at the immigration management agency where the inviting/ guaranteeing agencies, organizations and individuals located the headquarter or where the residence of inviting/ guaranteeing agencies, organizations and individuals;

Within 05 working days since receiving full documents, the immigration management agency or competent authority of the Ministry of Foreign Affairs shall consider for issuing the temporary residence card.

Duration of temporary residence card:

The duration of issued temporary residence card has validity shorter than the remaining duration of Passport at least 30 days.

The temporary residence cards with signs NG3, LV1, LV2, ĐT và DH had duration not exceeding 05 years.

The temporary residence cards with signs NN1, NN2, TT had duration not exceeding 03 years.

The temporary residence cards with signs LĐ và PV1 had duration not exceeding 02 years.

The expired temporary residence card shall be considered to issue the new card.

(ii) Permanent residence:

The cases considered for the permanent residence:

The foreigners who have merit and contributions to the career of building and defending the Fatherland of Vietnam and awarded with the state honors by Vietnam state;

The foreigners as the scientists, experts residing in Vietnam;

The foreigners guaranteed by fathers, mothers, wives, husbands, children as Vietnamese citizens permanently residing in Vietnam;

Non-nationality people who resided continuously in Vietnam since 2000 or earlier.

Conditions for the permanent residence:

The foreigners eligible to be considered for permanent residence if there have legitimate accommodation and stable income to guarantee their life in Vietnam.

The foreigners defined as the scientists and experts who are temporarily residing in Vietnam must be requested by the ministers, heads of ministerial-level agencies, Government bodies of state management in the field of expertise of such people.

The foreigners as prescribed guaranteed for temporary residence in 03 years or more by fathers, mothers, wives, husbands, children as Vietnamese citizens permanently residing in Vietnam.

Procedures for the permanent residence:

The foreigners who request the permanent residence must do procedures at the immigration management agency.

Documents included:

Application for permanent residence;

Judicial records issued by the competent authorities of the country where such people to be the citizens;

Diplomatic notes of the representative agencies of the countries of which such people are the citizens to request Vietnam to deal with for such people for permanent residence;

Certified copy of passport;

Documents proving eligibility for consideration of permanent residence;

Letter of guarantee for the foreigners guaranteed by fathers, mothers, wives, husbands, children as Vietnamese citizens residing in Vietnam.

Procedures:

Within 04 months from the date of receipt of full records, the Minister of Public Security shall consider and decide for permanent residence; in the cases of being deemed necessary for supplementary examination, it may be extended but not more than 02 months.

The immigration management agency is responsible for notifying in writing to the settlement results for the applicants of permanent residence and for the central provincial and city public security where the foreigners apply for permanent residence.

Within 05 working days from receipt of the notice of the immigration management agency, the central provincial and city public security where the foreigners apply for permanent residence notify the settlement for residence.

Within 03 months after receiving notice of permanent settlement, the foreigns must come to the immigration management agency of the central provincial and city public security where applying the permanent residence to receive the permanent residence cards.

Renewal and reissuance of permanent residence cards:

The permanent residence cards shall be issued by the central provincial and city public security. Periodically every 10 years, the resident foreigners have to come to the central provincial and city public security to issue and change the permanent residence cards. The documents include:

Declaration form for renewal of permanent residence cards;

Permanent residence cards;

Certified copy of passport, unless otherwise non-nationality people.

Where the permanent residence cards are lost, damaged or changed contents of the cards, the resident foreigners must do procedures for reissuance at the central provincial and city public security where residing. The documents include:

Declaration form for reissuance of permanent residence cards;

Permanent residence cards, where the permanent residence cards are lost, it is required to have application for card loss;

Certified copy of passport, unless otherwise non-nationality people;

Papers proving the change recorded in the permanent residence cards.

Within 20 days after receiving full documents, the central provincial and city public security where residing shall reissue the cards.

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