Employment | HM&P Law Firm

Employment

Isolation to force workers to quit their jobs: Unpredictable risks

One of the most common ways to "force quit" in labor practice today is not direct dismissal, but isolating, humiliating or mentally pressuring employees to leave their jobs on their own. Enterprises may not issue a decision to terminate labor contracts immediately, but use measures such as irregular transfers, non-assignment of jobs, separation from the collective, excessive supervision, or creation of a punitive working environment to prevent employees from continuing to work.

When the role of internal labor regulations is neglected by enterprises

In the management practice of some Vietnamese enterprises, internal labor regulations are often seen as a formal internal management tool. A regulation is issued for "sufficient documentation" rather than for substantive operation. However, when labor disputes arise, especially disputes over labor discipline in the form of dismissal, labor regulations become one of the factors that directly determine the outcome of the case.

Are enterprises forced to convert to electronic labor contracts from 01/07/2026?

Along with the development of science and technology, more and more businesses are using electronic contracts to establish labor relations with employees. However, the application of electronic labor contracts in Vietnam is still very single, arbitrary, depending on the infrastructure and governance capacity of each enterprise. In order to uniformly implement electronic labor contracts nationwide, the Government has issued Decree No. 337/2025/ND-CP dated December 24, 2025 regulating electronic labor contracts effective from January 1, 2026 (Decree 337).

Register the internal labor regulations of the enterprise – To avoid being asked to edit multiple times

Internal Labor Regulations ("ILRs") are not only a set of rules governing the behavior of employees in enterprises, but also an important legal foundation to ensure order, discipline and fairness in labor relations. Through practical experience in drafting and registering ILRs, we will give some notes to help enterprises complete and register ILRs effectively, avoiding the situation of documents being returned or requesting repeated edits.

Many problems in the dismissal of the Head of the Representative Office of foreign traders in Vietnam

The Head of the Representative Office of Foreign Traders in Vietnam ("RO"), also known as the Head of the Representative Office of Foreign Traders in Vietnam ("RO"), is a person who plays an important role in the operation of the RO in Vietnam. This is an employee working at the RO, but also a representative of the RO, operating under the authorization of the foreign trader and responsible to the foreign trader for its activities. With the above legal status and special role, the labor management of the RO also has certain peculiarities and notes, especially serious issues such as the dismissal of the RO Head. In fact, there have been many disputes arising after the head of the RO is dismissed, raising the question of whether the dismissal of the Head of the RO is simple?

Mistakes of enterprises in the process of requesting employees for material compensation

In Vietnam, labor disputes related to compensation for damages between enterprises and employees are increasing, posing great challenges in the proper application of the law. The case "Dispute over compensation for labor damages" between Joint Stock Company D (Company D) and Mr. To Hong Q1, which was heard by the People's Court of An Giang province on appeal with Judgment No. 01/2025/LD-PT dated 25/02/2025 is a typical example of these errors. This ruling not only rejects the company's claim for compensation, but also points out serious flaws in the way the enterprise handles the material liability of workers. This article analyzes the problems in the application of Company D's regulations, and provides some advice for businesses in labor management and strict compliance with the law in the process of claiming compensation from employees.

Detailed guidance is required on non-compete agreements between employees and employers

A non-compete agreement is a legal tool used by businesses to protect business interests, such as trade secrets, customer lists, or competitive advantages. However, if not properly designed, this agreement may infringe on the right to freedom of labor, leading to legal disputes. In Vietnam, disputes related to non-compete agreements are increasing, but the current legal framework does not have specific regulations, causing a lack of consistency in application and enforcement.

Common mistakes and solutions for enterprises regarding procedures for foreign workers

This article outlines frequent errors and compliance guidance for enterprises employing foreign workers in Vietnam, covering issues such as intra-corporate transfers, work permit applications, remote work, multi-location assignments, dual nationality cases, and reissuance procedures.

Instructions for filling out documents related to work permits

Accurate preparation and completion of forms related to work permits (WP) are essential steps for both enterprises and foreign workers to ensure compliance with current Vietnamese laws. In this article, HM&P provides a comprehensive guide and practical notes on how to complete these forms, ranging from legal information to specific requirements for each job position, to help businesses prepare their applications efficiently, completely, and in accordance with regulations.

Legal Guidance: Regulations on foreign workers working in Vietnam

This Legal Guidance to Regulations on Foreign Workers Working in Vietnam has been compiled based on HM&P’s extensive experience in practical practice, providing legal services to businesses from privately held companies to some of the most legally compliant listed companies in the market. Therefore, we hope that this will be a necessary and valuable reference source for businesses as well as foreign workers who are and will be working in Vietnam.

Draft new Decree on foreign workers in Vietnam: a necessary amendment

The Draft Decree on foreign workers working in Vietnam, developed by the Ministry of Home Affairs to replace Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP (the "Draft"), brings many important changes and supplements to meet the requirements of administrative procedure reform, improve the business environment, and attract high-quality human resources from abroad. This article will analyze the notable new points in the draft, focusing on the adjustments to the licensing time, application requirements, decentralization of authority, and application of information technology, and evaluate the implications of these changes for the management of foreign workers and Vietnam's socio-economic development in the context of the Party and the State of Vietnam is reforming the business environment in Vietnam.

Amendments to regulations on foreign workers working in Vietnam in the new context

On May 10, 2025, the Ministry of Home Affairs presented a report summarizing the implementation of Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP, which proposes a series of amendments and supplements to adjust regulations on foreign workers working in Vietnam. These proposals not only reflect the obstacles in the implementation of current regulations but also demonstrate Vietnam's efforts in adapting to the new socio-economic context, especially in the period of accelerating national industrialization, modernization and digital transformation. This article will analyze in detail the specific reasons and causes of the proposal from the Ministry of Home Affairs for this regulation.