Tiếng Việt
中文 (中国)
한국어
日本語
With the opening of the economy, the number of foreign workers in Vietnam is increasing. Besides factors such as income and working environment, legal issues are among the major concerns for foreign employees. So, what legal issues should foreigners working in Vietnam be aware of? What are the rights and obligations of foreign workers in Vietnam? Below, the Labor Lawyer from LHB Law Firm will address all legal issues related to foreign employees working in Vietnam. For those interested in using Labor Lawyer services, please contact us LHB Law Firm at Hotline: +84.969.088.118 (Zalo).
MỤC LỤC
Rights and Obligations of Foreign Workers in Vietnam
What rights do foreign workers have in Vietnam?
Foreign workers in Vietnam have rights similar to those of domestic workers. Specifically, foreign workers are entitled to the following rights:
- Work, freely choose their employment, workplace, occupation, and improve their professional skills.
- Be free from discrimination, forced labor, and sexual harassment in the workplace.
- Receive wages commensurate with their qualifications and skills based on agreements with their employers.
- Be protected by labor laws, ensuring safety and hygiene in the workplace.
- Take paid leave and enjoy collective benefits.
- Establish and participate in worker representative organizations and social professional organizations.
- Engage in dialogue and collective bargaining with employers.
- Refuse to work if there is a clear and direct threat to life or health during the execution of work.
- Unilaterally terminate the labor contract.
- Participate in strikes.
The rights of foreign workers are protected according to Vietnamese law. Foreign workers are equal in rights and benefits with Vietnamese workers. Vietnam always creates maximum conditions for foreigners to work in the country, providing opportunities for additional income and contributing to the economic and social development of Vietnam.
Contact Labor Lawyer at Hotline: +84.969.088.118 (Zalo).
Obligations of Foreign Workers in Vietnam
Alongside the rights and benefits enjoyed by foreign workers in Vietnam, there are also obligations they must fulfill. Foreign workers in Vietnam have the following obligations:
- Comply with Vietnamese laws: Adhere to all relevant Vietnamese legal regulations.
- Adhere to collective labor agreements and other agreements: Follow the terms set forth in collective labor agreements and any other agreements.
- Abide by labor discipline and internal regulations: Follow the established workplace rules and maintain appropriate conduct.
- Follow the management, administration, and supervision of the employer: Cooperate with the employer’s directives and oversight.
- Observe legal requirements related to labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and occupational safety and hygiene.
In addition to labor law compliance, foreign workers in Vietnam are also required to adhere to regulations regarding entry, residence, taxation, and more. In case of violations or non-compliance with these obligations, the severity of the breach will determine the appropriate measures and penalties. For violations of obligations towards the employer, depending on the nature and extent of the infringement, the worker may face various disciplinary actions. In cases of legal violations, the worker will be subject to sanctions and penalties in accordance with Vietnamese law.
Contact Labor Lawyer at Hotline: +84.969.088.118 (Zalo).
Social Security for Foreign Workers
One of the key concerns for foreigners working in Vietnam is social security. Social security comprises state policies and measures designed to support the welfare of individuals. So, how are foreign workers in Vietnam covered by social security policies?
According to regulations, foreign workers who have signed labor contracts in Vietnam are entitled to the following social security benefits:
- Mandatory social insurance participation, including: health insurance and unemployment insurance.
- Entitlement to benefits as prescribed by laws on social insurance, health insurance, and unemployment insurance.
- Coverage of all five mandatory social insurance benefits: sickness, maternity, occupational accidents, retirement, and survivor benefits.
- Other social security policies as stipulated by law.
In general, the social security provisions for foreign workers are similar to those for Vietnamese workers. Foreign workers are guaranteed basic social security benefits. However, social security policies for foreign workers may be limited in certain specific cases due to reasons related to national defense and security.
Contact Labor Lawyer at Hotline: +84.969.088.118 (Zalo).
Do Foreign Workers Have to Pay Taxes in Vietnam?
According to regulations, foreign workers working in Vietnam are required to pay personal income tax. The determination of taxable income depends on whether the individual is a resident or a non-resident.
- Residents are taxed on income earned both within and outside Vietnam.
- Non-residents are taxed only on income earned within Vietnam.
An individual is considered a resident in Vietnam if:
- They are present in Vietnam for 183 days or more within a calendar year or within any 12-month period starting from the first day of presence in Vietnam.
- They have a regular place of residence in Vietnam, which includes either a registered permanent residence or a rented house in Vietnam with a lease agreement.
Individuals who do not meet these criteria are classified as non-residents.
Typically, foreign workers will be subject to income tax on wages and salaries. Residents may be eligible for personal deductions. Personal deductions are amounts subtracted from taxable income before calculating the tax for resident individuals. According to regulations, the personal deduction amount for taxpayers is 11 million VND per month. The deduction amount for each dependent is 4.4 million VND per month.
For Tax Legal Advice, Please Contact LHB Law Firm at Hotline: +84.969.088.118 (Zalo).
Employment Contract Formation and Termination in Vietnam
An employment contract is the basis for defining the relationship between an employee and an employer. The contract is established based on mutual agreement between the parties and serves as the foundation to ensure the rights and obligations of the employee. The main contents of an employment contract include:
- The name and address of the employer, and the full name and title of the person signing the contract on behalf of the employer.
- The full name, date of birth, gender, place of residence, and identification card number, citizen identification card, or passport of the person signing the contract on behalf of the employee.
- The job and the workplace.
- The duration of the employment contract.
- The salary according to the job or title, the method of salary payment, the payment period, allowances, and other additional benefits.
- The promotion and salary increase policies.
- Working hours and rest periods.
- Provision of labor protection equipment to the employee.
- Social insurance, health insurance, and unemployment insurance.
- Training, professional development, and skill enhancement.
The employment contract will be effective from the date of signing unless the parties agree otherwise.
Termination of the employment contract is based on mutual agreement between the parties. In cases of unilateral termination, parties must provide notice. Any party that terminates the contract unlawfully will be held accountable for their actions.
Labor Dispute Resolution Lawyers in Vietnam
LHB Law Firm is a reputable organization specializing in resolving labor disputes in Vietnam. With a team of highly skilled and experienced lawyers and legal experts, we are confident in our ability to address our clients’ issues effectively. Over the years, we have consistently received positive feedback from clients, which is both a source of pride and motivation for us to continue growing. Currently, we offer a diverse range of labor dispute resolution services, including:
- Consultation, assessment, and development of dispute resolution plans.
- Negotiation and mediation to resolve labor disputes.
- Participation in reconciliation processes for dispute resolution.
- Representation in dealings with competent government agencies.
- Representation in labor disputes at People’s Courts.
With our team of lawyers and a network of offices across the country, we are equipped to handle disputes and protect the rights and obligations of workers across all 63 provinces and cities in Vietnam.
Contact Labor Lawyer : Hotline +84.969.088.118 (Zalo).
Service Fees for Labor Dispute Resolution Lawyers in Vietnam
Are you considering hiring a lawyer for consultation and resolution of labor disputes in Vietnam but are unsure about the cost? Please refer to the fee schedule for legal services in the table below:
| No | SERVICES | FEE |
|---|---|---|
| 1 | Receiving Information and Guiding Procedures | Free |
| 2 | Direct or Telephone Consultation with Lawyer | 50 USD/ hour |
| 3 | Written Consultation by Lawyer | From 100 USD |
| 4 | Drafting of Lawsuit Petitions and Defense Statements. | From 100/trang USD |
| 5 | Representation in Negotiation and Settlement of Disputes. | From 1000 USD + % Value of the Dispute |
| 6 | Participation in Dispute Resolution at Competent Government Agencies. | Agreement |
| 7 | Participation in Litigation and Dispute Resolution at People’s Courts. | Agreement |
(1 USD = 25.465.000 VND theo tỷ giá của Ngân hàng Vietcombank on 02/7/2024)
If you need legal advice regarding the rights and obligations of employees or immediate dispute resolution, you can contact us at the phone number: +84.969.088.118 (Zalo) to be supported.
CN.
