Proposal to resolve pensions problem for Vietnamese employees who are owed social insurance contributions by enterprises

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The fact that enterprises are slow to pay and avoid paying social insurance premiums in Vietnam is still very common in society, seriously affecting the interests of employees, especially on social security issues. In many cases, employees are not allowed to receive pensions or settle other regimes such as unemployment insurance, sickness benefit allowance, etc….

The difference between a working contract and a labor contract in Vietnam

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Labor contract, a popular concept in Vietnam, is the most important factor verifying the labor relationship between the employee and the employer. On the other hand, the concept of a working contract is a factor that confuses many workers, often mistakenly equating it as one. So, what is the difference between a working contract and…

Will trained Vietnamese employees still receive a 7% incentive on minimum wage in 2023?

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With the promulgation of Decree 38/2022/ND-CP changing the minimum wage of Vietnamese employees from July 2022, there are still many businesses and trained employees wondering whether this major change in the minimum wage affect the required 7% increase in the minimum wage for trained employees? Article 3 of Decree 38/2022/ND-CP stipulating monthly and hourly minimum…

Proposal on the labor contract with a term of one month or more will be subject to unemployment insurance in Vietnam

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Recently, the Ministry of Labor, War Invalids and Social Affairs of Vietnam has proposed that the labor contract with a term of one month or more will be subject to unemployment insurance in Vietnam. Currently, the community is having mixed opinions about this proposal. However, according to ASL Law, allowing employees to have short –…

Regulations on acts of evasion and late payment of social insurance in Vietnam

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The act of evasion and late payment of Vietnamese social insurance takes place a lot in Vietnam. However, the sanctioning mechanism still lacks deterrence, leading to a lot of inertia, debt payment, and even evasion of social insurance payment, which severely affects society and employees’ rights in Vietnam. According to Vietnamese law, individuals and organizations…

Changes in Vietnam health insurance contributions from July 2023

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From July 1, 2023, Vietnam’s base salary will officially increase from 1.49 million VND/month to 1.8 million VND/month, corresponding to an increase of 20.8%. The base salary regime affects many industries and fields in Vietnam, including health insurance contributions for households. Vietnam’s base salary was increased with the approval of the Resolution on the state…

Can Vietnamese employees carry over their annual leave to the following year?

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According to the provisions of the Labor Code 2019 No. 45/2019/QH14 (“Labor Code 2019”), Vietnamese employees with remaining annual leave days will no longer be paid by the enterprise for the excess leave days. Accordingly, a part of Vietnamese employees wonders if they can transfer their annual leave to the following year. Currently, the law…

Settlement of regimes for Vietnamese employees who are agreed by the company not to use annual leave

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At some exporting and manufacturing companies in Vietnam, the employer might make an agreement with the employee not to use up their annual leave. Instead, that number of annual leave days will be used on days when the company has collective events such as team building, year-end meetings, etc., which are collective holidays for all…

Is the employer allowed to extend the probationary period according to Vietnamese law?

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If the probationary period has ended but the enterprise has not yet been able to make a decision on whether to accept or refuse to accept employees into the company, can they extend the probationary period for further consideration? The probationary period normally lasts about 2 months. Although it is quite a long time, for…

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