Employment Law in Vietnam
Vietnam’s employment laws are structured to provide clear protection for workers and ensure that companies follow standardized labor practices. It defines the rules on employment contracts, working hours, rest periods, overtime, probation, and employee benefits.
It also outlines termination procedures and the rights of employers and employees during disputes or contract changes. Employers must also pay attention to provincial-level guidelines issued by local labor authorities. Each region can set its own minimum wage brackets and may have unique administrative processes for registering employees or reporting payroll.
Compliance in Vietnam is not optional; it’s mandatory. Companies that fail to follow local labor laws may face financial penalties, demands for back payments of social contributions, or suspension of foreign employee permits. For organizations that are new to the country, this can become a significant challenge.
Many international businesses choose to work with an EOR to manage these requirements accurately. EOR providers understand Vietnam’s employment system and handle all payroll, benefits, and statutory filings on behalf of their clients.
1. Written Contracts
In Vietnam, a written labor agreement is the law. Every person a company hires must have a signed contract that clearly explains the terms of their work. This document needs to list their exact job title, a description of their main tasks, and their full salary.
It should also state the daily and weekly work schedule, any trial period at the start of the job, employee benefits, and the conditions under which the job could end. There are two main types of work contracts.
A company can hire someone for a fixed period, but this type of contract can only last for a maximum of three years and can only be renewed once. If the worker continues after that, the agreement automatically becomes permanent. The other option is an indefinite contract, which has no set end date.
The law also requires specific details to be in every contract. It must explain how the company will handle social insurance payments and deduct income tax.
The contract should clearly state the standard work hours and confirm that any extra hours worked will be paid at the higher, legally required overtime rate. Having all these points clearly written down helps prevent misunderstandings and creates a solid foundation for the working relationship.
2. Working Hours
Vietnam’s labor law sets clear rules for working hours to protect employees.
The standard schedule is based on eight hours in a single day, adding up to no more than forty-eight hours over a full week. A company can decide how to arrange this time, either a five-day or six-day workweek that fits its business. Workers are also entitled to a break during their shift.
For people working during the day, this must be at least thirty minutes. If an employee is on a night shift, the required break time is longer, at forty-five minutes. The law does allow for overtime, but it sets strict limits to prevent employee burnout. In most cases, a person should not work more than forty hours of overtime in one month, or more than two hundred hours over a full year.
Some fields, like garment manufacturing or electronics assembly, can obtain special permission to go up to three hundred annual overtime hours. Any time an employee works beyond their standard hours, they must be paid extra. The added pay depends on when the work is done. For regular overtime on a weekday, the rate is time-and-a-half. Working a Saturday or Sunday means double the normal pay.
If an employee works on an official national holiday, they are owed triple their standard hourly wage.
3. Paid Leave
The Labor Code entitles employees to a range of paid leave benefits:
- Annual Leave – Employees who have completed one year of service receive 12 days of paid annual leave, increasing by one additional day every five years of service.
- Public Holidays – Vietnam recognizes 11 national public holidays, including Tet (Lunar New Year), which may extend over several days.
- Sick Leave – Paid sick leave is covered under Vietnam’s social insurance program. Employees can receive benefits equivalent to 75% of their salary, funded by the social insurance authority.
Unused annual leave can often be carried forward or paid out upon termination.
4. Maternity Benefits
Vietnamese law provides strong support for new mothers, with benefits funded by the national social insurance system. An employee who has paid into this system is entitled to six months of fully paid leave when she has a baby. If she gives birth to twins, she gets seven months’ leave.
For triplets, the leave increases to eight months, adding one extra month for each additional child. Payment for this entire leave period does not come from the employer’s budget. Instead, it is paid directly from the social insurance fund. The support also covers time off for appointments during pregnancy.
A pregnant employee is entitled to paid time away from work for doctor’s visits and check-ups. After she returns to her job, she receives special protection for a period of time. Her employer cannot require her to work overtime or during the night shift.
For a company, it is essential that its internal policies and employment contracts clearly state these rights. An Employer of Record in Vietnam handles all this administrative work. They confirm the employee’s eligibility, manage the application for benefits with the social insurance office, and ensure the company’s records are fully compliant with these protective laws.
5. Termination Rules
Termination of employment in Vietnam is highly regulated, and employers must follow the proper procedures. Valid reasons for termination should include the expiry of a definite-term contract, mutual agreement, performance-related issues, or structural redundancies.
Notice periods depend on the type of contract:
- 30 days for definite-term contracts
- 45 days for indefinite-term contracts
Employees dismissed for disciplinary reasons or repeated misconduct must be notified in writing and have the opportunity to respond. Termination without cause can cause legal penalties or reinstatement orders from the labor authorities. Foreign companies should pay special attention to local regulations.
6. Employer Obligations
Employers in Vietnam have a range of mandatory contributions and compliance duties to fulfill. These ensure employees are protected under the country’s social welfare system and that businesses meet tax and insurance requirements.
- Social Insurance Contributions: Employers contribute 17.5% of an employee’s gross salary toward social insurance, which covers pensions and occupational benefits. Employees contribute an additional 8%.
- Health Insurance Contributions: Employers pay 3% of the employee’s gross salary for health insurance, while employees contribute 1.5%. This provides access to Vietnam’s public healthcare network.:
- Unemployment Insurance Contributions: Both employers and employees contribute 1% of the employee’s salary to the unemployment insurance fund. This fund offers financial support during periods of job loss.
- Income Tax Withholding: Employers must withhold personal income tax (PIT) based on progressive rates ranging from 5% to 35%. They are also responsible for filing monthly tax reports.
- Recordkeeping and Reporting: Companies must maintain payroll records, contracts, and timesheets for at least 10 years. EORs handle these obligations on behalf of client companies to follow Vietnamese labor inspection standards.