Inventive Legal|Vietnam Corporate Compliance

Overview

Three compliance streams

Employment compliance covers preparing labor contracts, registering employees for compulsory insurance, and issuing and maintaining internal labor regulations.

Contracts

Labor contracts

Enter into a written or legally valid labor contract with each employee, except where the law permits a short-term oral contract.
Give the employee a copy of the contract.
Include the parties, position and workplace, contract term, salary and payment method, working hours and rest periods, insurance, and other mandatory terms.
Keep contracts, amendments, probation records, payroll records, and termination documents in the personnel file.

Insurance

Insurance registration

Register eligible employees for compulsory social insurance, health insurance, and unemployment insurance through the Vietnam Social Security system. The registration dossier is generally submitted within 30 days from signing the labor contract, recruitment decision, or commencement of the relevant employment relationship.

Foreign employees may also be subject to compulsory social insurance, particularly where they work in Vietnam under a contract of at least 12 months, subject to statutory exemptions. See hiring a foreign employee for the immigration side of the same hire.

Workplace rules

Internal labor regulations

Every employer should establish internal workplace rules.
An employer with 10 or more employees must issue the rules in writing and register them with the competent provincial labor authority.
Before issuing them, consult the employee representative organization at the workplace, where one exists.
Submit the registration dossier within 10 days after issuing the rules.
The rules generally take effect 15 days after the authority receives a complete registration dossier.

The rules should address working time and rest, workplace order, occupational safety, prevention of sexual harassment, protection of confidential information and company property, disciplinary procedures, and material responsibility.

Compliance wording

Employment: Maintain compliant labor contracts, register eligible employees for statutory insurance within the required timeframe, and issue and register internal labor regulations where applicable.