Vietnamese Labor Law: Difference between revisions

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=== PUBLIC HOLIDAYS ===
=== PUBLIC HOLIDAYS ===
* 10 days/ year
In accordance with General Law, employees will be entitled to have full paid days off on 10 public holidays, as follows:
* Public holidays fall on weekly days off: taking time off in lieu
 
* New Year’s Day: 1 day (January 1st)
* Vietnamese Lunar Year: 5 days (the last day of the old Lunar Year and the first 4 days of the new Lunar Year)
*Hung King Anniversary: 01 day (March 10th  lunar calendar)
*Liberty Day: 1 day (April 30th)
*Labor Day: 1 day (May 1st)
*National Day: 1 day (September 2nd)
*NOTE:
*When public holidays (as mentioned above) coincide with weekly rest days, employees will have another day off in compensation in next week.
*Employees who are foreign citizens working in Vietnam receive an additional day off for their own country's National Day.


=== ANNUAL LEAVE ===
=== ANNUAL LEAVE ===
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== SALARY ==
== SALARY ==
=== MINIMUM SALARY ===
{| class="wikitable"
|-
| Minimum salary applied at HCM city from Jan 2018 || 3,950,000 VND/month
|-
| Common minimum salary applied from 1 Jul, 2017 || 1.300.000 VND/month
|-
| Common minimum salary applied from 1 Jul, 2018 || 1.390.000 VND/month
|}
=== SALARY PAYMENT ===
* Staffs in probation time receive 85% of salary
* Salary calculation bases on 22 working days/ month
* Salary is transferred into bank account at the end of a month
* Salary is paid when staff quitting job returns to all equipments of Company.
=== PAY-SLIP ===
=== SALARY ADVANCE ===
'''Conditions:'''
* Particularly financial difficulties
* Working seniority of 12 months and more 
* Amount of advance: maximum of 1 months’ gross salary
* Period of return: within 2 months
* Times of advance: once in 2 years
'''Procedures:'''
* Staff fills in form « Advance proposal »
* HR staff confirms seniority, salary level, times of advance
* Advance proposal is approved by CEO or the authorized Director
=== RAISE SALARY ===
Anniversary salary review:
* The fixed-date reviews that you should remember for your salary review is your Offy anniversary date (the date you start working for Officience). It should always be the same date.
Even if you have a salary raise in between due to promotion for example, the next salary review should remain your Offy anniversary date.


== BONUSES AND ALLOWANCES ==
== BONUSES AND ALLOWANCES ==
   
* 13th-month bonus
* Staff works until 31 December  
* Bonus of 100% of a month’s gross salary if enough 12 months’ seniority
* According to the proportion of working months if seniority of 2 months, to less than 12 months. Paid into salary for  December of year N


== INSURANCES IN ACCORDANCE WITH THE LAW ==
== INSURANCES IN ACCORDANCE WITH THE LAW ==
Ceiling level to pay insurances: 20 times of common minimum salary   
(currently, 20 X 1.300.000= 26 000 000 VND )
'''Social insurance'''
Ceiling level : currently, 20 X 1.300.000= 26 000 000 VND
{| class="wikitable"
|-
! Contribution rate !! Employer !! Employee !! Total
|-
| Fefore on 1/6/2017 || 18% || 8% || 26%
|-
| After on 1/6/2017 || 17,5% || 8% || 25,5%
|}
'''Health insurance'''
Ceiling level : currently, 20 X 1.300.000= 26 000 000 VND
{| class="wikitable"
|-
! Health insurance !! Employer !! Employee !! Total
|-
| Contribution rate || 3% || 1,5% || 4,5%
|}
: The employer 3%, the employee 1.5%
'''Unemployment insurance'''
Ceiling level : currently, 20 X 3.950.000= 79 000 000 VND
{| class="wikitable"
|-
! Unemployment insurance !! Employer !! Employee !! Total
|-
| Contribution rate  || 1% || 1% || 2%
|}


'''Personal income tax (as defined)'''


== INSURANCES FOR THE EMPLOYEE BOUGHT BY THE COMPANY ==
== INSURANCES FOR THE EMPLOYEE BOUGHT BY THE COMPANY ==
 
24/24 accident insurance
Persons: all employees signing contracts (including: apprentice, reinforcement, expats)
Interests: medical costs + salary for days off due to accident


== TRANSFER ==
== TRANSFER ==
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* [https://docs.google.com/presentation/d/1VrPm6r5SOjvV2CPbgxbSTWN8SEtG9fcFK1NdqP7KkD0/ Labor Law Training Presentation] (by Ngoc Han NGUYEN 2016)
* [https://docs.google.com/presentation/d/1VrPm6r5SOjvV2CPbgxbSTWN8SEtG9fcFK1NdqP7KkD0/ Labor Law Training Presentation] (by Ngoc Han NGUYEN 2016)
* [https://docs.google.com/presentation/d/1kiJDBP0tMJ_3uk6WS-_XHgm2_mI0ddNMsyPt13Qm6kY Labor Law Training Presentation] (by Ngoc Han NGUYEN updated 2018)
* [https://docs.google.com/presentation/d/1kiJDBP0tMJ_3uk6WS-_XHgm2_mI0ddNMsyPt13Qm6kY Labor Law Training Presentation] (by Ngoc Han NGUYEN updated 2018)
* [https://docs.google.com/presentation/d/1kiJDBP0tMJ_3uk6WS-_XHgm2_mI0ddNMsyPt13Qm6kY/edit#slide=id.p18 Labor Law Training Presentation & Union Officience] (by Ngoc Han Nguyen updated on Sep 2018)
Retrieved from "https://wiki.officience.com/Vietnamese_Labor_Law"