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Vietnam: Employment, labor & immigration

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In brief

The new year, 2022, has officially started with the launch and coming into force of novel legal policies that may impact the operations in general and workforce in particular of enterprises in Vietnam, especially those with foreign employees. The highlights are as follows:

  1. Adjusted social insurance contribution rates in response to policies for supporting employers and employees during the COVID-19 period
  2. Newly applied regulations on social insurance for foreigners
  3. New administrative fines related to gender equality
  4. New mobility-related rules
  5. New legal framework and guiding documents for sending Vietnamese employees overseas to work under contract
  6. Adjusted regulations on working hours and rest hours for employees doing seasonal production jobs or processing goods under orders
  7. New decree on administrative sanctions for violations in labor and relevant sectors

Recommended actions

Enterprises should review these regulations carefully to prepare for full compliance in the upcoming period.

If you would like to discuss the issues concerning these policies and their impact in detail, as well as how our Firm can help your business deal with the immediate effects of these new provisions, please do not hesitate to contact us.

We will promptly inform you should there be any further development regarding these matters.

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Author

Thuy Hang Nguyen is a partner in Baker McKenzie's Ho Chi Minh City office and the head of the Employment and Labor, and Compliance and Investigations practices in Vietnam.
Her diverse working experience, broad knowledge in various areas of law, and business management qualifications allows her to provide clients with practical and commercially savvy legal advice, and to create effective, strategic and innovative solutions for her clients to navigate around the ever-changing legal landscape of Vietnam.
As head of Baker McKenzie Vietnam’s Employment and Labor practice, Hang is in charge of developing and providing strategy for the practice, training and coaching team members and coordinating the global and regional employment practices when related to Vietnam. She is a member of the Steering Committees for the Firm's JAO and Asia Pacific Employment Practice Groups, and the Global Immigration and Mobility Group. Hang is also a leading authority and frequent speaker on employment and labor law in Vietnam and the Asia Pacific region.

Author

Van Trung Khuat joined Baker McKenzie in Ho Chi Minh City in April 2012, and is experienced in areas of employment, dispute resolution, and corporate compliance and investigation. He is an accredited mediator at the Center for Effective Dispute Resolution (CEDR) in London and at the Vietnam International Commercial Mediation Center, and frequently publishes articles and leads seminars on both advisory and contentious labor and employment law issues in Vietnam. During his time with Baker McKenzie, Trung has also worked in the Firm's Hanoi and Chicago offices. He also acts as Co-chair of the Human Resources and Training Committee of the European Chamber of Commerce in Vietnam.

Author

Trung started his career in 2000 as an adviser on foreign investment in Vietnam. His expertise covers a broad range of practices, including corporate, foreign direct investment, labor and employment.
Since joining Baker McKenzie, Trung has specialized in labor and employment law. He has been extensively involved in numerous areas, including employment, labor, compensation and immigration.
Trung has vast experience working on equity award plans for employees. He is the main contact point for Baker McKenzie in Vietnam on this matter.
Trung has also been involved in various development projects sponsored by foreign NGOs and international organizations, which means he has extensive knowledge and insight in both the private and public sectors, as well as regulatory and development issues.

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