Labor contract under Labor Code 2019

How to Determine Labour Relationship under Labour Code 2019? During Covid pandemic, many companies face economic challenges that need to reduce the high paid workers’ cost. There are situations which dispute arisen and the employee started to realize that the contract he or she signs with the company he or she spends eight hours each day, follows instructions of work from supervisors, and receives monthly payment at the end of the month, seems...

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Termination of Labour Contract to Employee Before Contract Expiration

When Should the Employer Send Notice of Termination of Labour Contract to Employee Before Contract Expiration?Expiration is one of the circumstances which permit termination of labor contract under the Labor Code 2012. Accordingly, the employer must inform in writing to the employee of the terminating date of labor contract at least 15 days prior to the expiration. Termination of labor relationship in each circumstance must follow different...

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Dispute Settlement in International Trade

In international trade, when drafting international contracts, the parties usually focus on the terms of payment and expense but little attention to terms of dispute settlement. Thus, the parties should be aware that the disagreements and disputes can arise at any time. Therefore, in the process of concluding an international economic agreement, the parties should note the provisions on the selection methods of dispute settlement if a dispute occurs....

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Mediation Services in Vietnam

What are the Benefits of Mediation Services in Vietnam?The process of integrating with market economy is developing strongly, which creates many opportunities for businesses to extend their operation and cooperate with international companies. As a result, dispute arising is inevitable. To coincide with benefits, especially information confidentiality under parties’ agreement, commercial mediation is one of the commercial alternative dispute resolution...

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Settlement of Land Disputes in Vietnam

What Procedures for Conciliation and Settlement of Land Dispute?Land dispute is one of the most complicated problems which arises regularly in daily life in Vietnam. Land dispute is very diverse, which may be dispute over land use right, ownership of house attached to land use right related to inheritance, divorce, transfer and transformation transaction, leasing, sub-leasing, mortgage, etc.Law firm in VietnamWhat is land dispute?Land dispute means...

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How to Resolve Disputes in Employment in Vietnam?

A labor dispute is a dispute over rights, obligations and interests arising between parties in employment relationship. Labor disputes include individual labor disputes between employees and employers, and collective labor disputes between labor collectives and employers. When a labor dispute occurs, the competent agency, organization or individual will settle it on the basis of the measures and principles of labor dispute settlement prescribed...

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How Mediation and Labor Arbitration Councils Work in Settlement of Labor Disputes in Vietnam?

During and after the Covid-19 pandemic, the financial health of enterprises have been negatively impacted leading to management’s decision to reduce cost through termination of labour contract with employee. The illegal termination of labour contract could lead to disputes between employer and employee which sometime would cost the employer more than it gains. It is important for the employer to engage with labour lawyers to consult before taking...

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Signing Labour Contract with Foreign Workers in Vietnam

What to Note When Signing Labour Contract with Foreign Workers?With the policy of opening the economy in Vietnam, not only Vietnam attracts investors to set up company, but also the demand for foreign workers in enterprises grows and diversifies. However, in order for Vietnam companies to be able to use foreign workers, they must sign a labor contract.Employment Dispute Law Firm in VietnamAfter meeting the conditions specified in the Labor Code...

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Guidance of unilateral divorce procedure in Vietnam

Divorce is the termination of husband and wife relationship according to the court’s legally effective judgment or decision. Divorce procedures are prescribed in the Civil Procedure Code, Law on Marriage and Family, Law on Mediation at grassroots… There are two forms of divorce in Vietnam: divorce at the request of one party (unilateral divorce) and divorce by mutual consent.Divorce Dispute Law Firm in VietnamFor divorce at the request of one party,...

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Request for Imposition of Anti-dumping Measures in Vietnam

How to Prepare and Request for Imposition of Anti-dumping Measures in Vietnam? Organizations or individuals representing a domestic industry (Requesting Party) have the right to submit an application of request for imposition of anti-dumping measures if seeing that goods are dumped thus causing injury to that domestic industry. Anti-dumping Law Firm in VietnamThe requesting party could themselves prepare or seek legal help from local...

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