Legal advice for foreigners in Vietnam - English speaking lawyers

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Legal advice for foreigners in Vietnam - English speaking lawyers

KIBLAF, founded in 2007, is one of the leading law firms in Vietnam.

Our team consists of English speaking lawyers with many years of practice and experience with a deep understanding of the legal system as well as the business environment in Vietnam. We provide legal advice for foreigners living, studying and working in Vietnam in many different fields such as enterprise, investment, taxation, labor, real estate, marriage, dispute resolution, criminal litigation,

etc. Note: Our advice is based on the information you provide and you are solely responsible for the truthfulness and accuracy of that information. The advice given on this page is for reference only and you should consult a lawyer in person for detailed advice before taking any action. You are not charged a fee, no lawyer-client relationship is established and no obligation is formulated between us and you until there is a service agreement signed or confirmed between the two parties. If you need legal advice on any matter, please feel free to contact us with the following information:

Hotline: +84 888 26 26 44
Email: [email protected]
Website: www.kiblaf.com

20/05/2026

REGULATIONS ON OVERTIME WORK

Overtime work is defined as the period of work performed outside of normal working hours as prescribed by law, collective bargaining agreements, or internal labor regulations. Overtime work is regulated under Articles 107 and 108 of the Labor Code 2019 as follows:

1. An employer may request an employee to work overtime upon fully satisfying the requirements set forth in Clause 2, Article 107 of the Labor Code 2019, specifically:

(i) The consent of the employee must be obtained;

(ii) The number of overtime hours must not exceed 50% of the normal working hours in a single day; in cases where a weekly work schedule is applied, the total of normal working hours and overtime hours shall not exceed 12 hours per day, and the total overtime hours shall not exceed 40 hours per month;

(iii) The total overtime hours shall not exceed 200 hours per year, except for the cases prescribed in Clause 3, Article 107 of the Labor Code 2019.

2. An employer may utilize employees for overtime work not exceeding 300 hours per year in certain industries, occupations, tasks, or cases as prescribed in Clause 3, Article 107 of the Labor Code 2019, specifically:

(i) Production, outsourcing, and processing for export of textiles, garments, leather, footwear, electric and electronic products, and the processing of agricultural, forestry, salt, and aquatic products;

(ii) Production and supply of electricity, telecommunications, and oil refining; water supply and drainage;

(iii) Cases involving work that requires high-level professional or technical qualifications for which the labor market cannot provide a sufficient or timely supply;

(iv) Urgent work that cannot be delayed due to seasonality or the timing of raw materials or products, or to resolve tasks arising from unforeseen objective factors, consequences of weather, natural disasters, fires, hostilities, power shortages, raw material shortages, or technical incidents in the production line;

(v) Other cases as stipulated by the Government.

When organizing overtime work under Clause 3, Article 107 of the Labor Code 2019, the employer must provide written notification to the specialized labor authority under the relevant Provincial People’s Committee.

3. The employer has the right to require an employee to work overtime on any day without being subject to the overtime limits prescribed in Article 107, and the employee may not refuse in the cases prescribed in Article 108 of the Labor Code 2019, including:

(i) Executing mobilization orders for national defense and security duties in accordance with the law;
(ii) Performing tasks to protect human life and the property of agencies, organizations, or individuals in the prevention of or recovery from natural disasters, fires, dangerous epidemics, and catastrophes, except where there is a risk to the life or health of the employee as prescribed by the laws on occupational safety and hygiene.
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KINH BAC INTERNATIONAL LAW FIRM
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

18/05/2026

REGULATIONS ON NORMAL WORKING HOURS AND NIGHT WORK HOURS

Regarding normal working hours, Article 105 of the Labor Code 2019 stipulates that working hours shall not exceed 08 hours per day and 48 hours per week. The employer has the right to determine the working hours on a daily or weekly basis but must notify the employees; in cases where working hours are determined on a weekly basis, the normal working hours shall not exceed 10 hours per day and 48 hours per week.

The State encourages employers to implement a 40-hour work week for employees. The employer is responsible for ensuring that limits on working hours for employees exposed to hazardous or harmful factors strictly in accordance with relevant national technical regulations and applicable laws.

Regarding night work hours, Article 106 of the Labor Code 2019 stipulates that such time is calculated from 22:00 to 06:00 of the following day.

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KINH BAC INTERNATIONAL LAW FIRM
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

15/05/2026

WAGE DEDUCTIONS UNDER THE PROVISIONS OF LAW

Pursuant to Clause 1, Article 102 of the Labor Code 2019, an employer is only permitted to deduct wages from an employee to compensate for damage to tools, equipment, or assets of the employer, in accordance with Article 129 of the Labor Code 2019 on compensation for damages, specifically:

1. Any employee who damages tools or equipment, or commits other acts causing damage to the employer’s assets, shall be liable to compensate in accordance with the law or the employer’s Internal Labor Regulations. In cases where the employee causes non-serious damage due to negligence with a value not exceeding 10 months’ regional minimum wage as announced by the Government and applicable at the employee’s workplace, the maximum compensation shall not exceed 03 months’ wages, and such compensation may be deducted monthly from wages in accordance with Clause 3, Article 102 of the Labor Code 2019.

2. Any employee who loses tools, equipment, or assets of the employer, or other assets assigned by the employer, or uses materials beyond the permitted norm, shall be liable to compensate partially or in full at market prices or in accordance with the Internal Labor Regulations. Where a liability agreement has been entered into, compensation shall be made in accordance with such agreement. No compensation shall be required where the damage is caused by natural disasters, fires, hostilities, dangerous epidemics, calamities, or other force majeure events that are unforeseeable and unavoidable despite all necessary and reasonable measures having been taken.

In the event of wage deductions, employees have the right to be informed of the reasons for such deductions. The monthly deduction rate shall not exceed 30% of the employee's actual monthly paid wages after the deduction of compulsory social insurance, health insurance, unemployment insurance premiums, and personal income tax.

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KINH BAC INTERNATIONAL LAW FIRM
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

13/05/2026

PAYMENT OF WAGES THROUGH CONTRACTORS OR INTERMEDIARIES UNDER LAW

Pursuant to Clause 1, Article 100 of the Labor Code 2019, where a contractor or a person acting in a similar intermediary capacity is engaged, the principal employer must maintain a list of the names and addresses of such persons, together with a list of employees working under them, and must ensure their compliance with legal regulations on wage payment and occupational safety and hygiene.

In the event that a contractor or a person acting in a similar intermediary capacity fails to pay wages, pays wages in full, or fails to guarantee other lawful rights and benefits of employees, pursuant to Clause 2, Article 100 of the Labor Code 2019, the principal employer shall be responsible for paying wages and ensuring the lawful rights and benefits of the employees.
In such case, the principal employer shall have the right to seek reimbursement from the contractor or such intermediary, or to request a competent state authority to resolve the dispute in accordance with law.
_________________________________
KINH BAC INTERNATIONAL LAW FIRM
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

11/05/2026

REGULATIONS ON WORK SUSPENSION PAY

Pursuant to Article 99 of the Labor Code 2019, in the event of work suspension, employees shall be paid as follows:

1. If the suspension is due to the fault of the employer, the employee shall be paid in full in accordance with the employment contract;

2. If the suspension is due to the fault of an employee, such employee shall not be paid; other employees in the same unit who are required to suspend work shall be paid at a rate agreed upon by the parties, provided that such rate is not lower than the minimum wage;

3. In cases of suspension due to electricity or water supply incidents not attributable to the employer, or due to natural disasters, fires, dangerous epidemics, hostilities, relocation of business operations at the request of competent state authorities, or for economic reasons, the suspension pay shall be agreed upon by the parties as follows:

a) Where the suspension period is 14 working days or less, the agreed suspension pay shall not be lower than the minimum wage;

b) Where the suspension period exceeds 14 working days, the suspension pay shall be agreed upon by the parties, provided that the pay for the first 14 days shall not be lower than the minimum wage.
_________________________________
KINH BAC INTERNATIONAL LAW FIRM
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

08/05/2026

REGULATIONS ON OVERTIME PAY AND NIGHT WORK PAY

Regarding overtime work, clause 1, Article 98 of the Labor Code 2019 stipulates that employees who work overtime shall be paid based on the unit wage or actual wage for the work performed, as follows:

(i) On normal working days: at least 150%;

(ii) On weekly rest days: at least 200%;

(iii) On public holidays, Tet holidays, or paid leave days: at least 300%, excluding the wages for such public holidays, Tet holidays, or paid leave days for employees paid on a daily basis.

Regarding night work, clause 2, Article 98 of the Labor Code 2019 stipulates that employees working at night shall be paid an additional amount of at least 30% of the wage calculated based on the unit wage or actual wage for a normal working day. Furthermore, pursuant to Clause 3, Article 98 of the Labor Code 2019, where overtime work is performed at night, in addition to the payments specified in Clauses 1 and 2, Article 98 of the Labor Code 2019, employees shall be paid an additional amount of at least 20% of the wage calculated based on the unit wage or actual wage for work performed during the daytime of a normal working day, a weekly rest day, or a public holiday or Tet holiday.
_________________________________
KINH BAC INTERNATIONAL LAW FIRM
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

06/05/2026

LEGAL CONSEQUENCES OF RESTRICTION OF PARENTAL RIGHTS IN RESPECT OF MINOR CHILDREN

Where a parent has his or her parental rights in respect of a minor child restricted by a Court, pursuant to Clause 1, Article 87 of the Law on Marriage and Family 2014, the other parent shall exercise the rights to care for, raise, nurture and educate the child, manage the child’s separate property, and act as the child’s legal representative.

Clause 2, Article 87 of the Law on Marriage and Family 2014 provides that the care, upbringing and education of a minor child, as well as the management of the child’s separate property, shall be entrusted to a guardian in accordance with the Civil Code and the Law on Marriage and Family 2014 in the following cases:

a) Both parents have had their parental rights in respect of the minor child restricted by a Court;

b) One parent does not have his or her parental rights restricted but does not have sufficient conditions to exercise his or her rights and obligations toward the child;

c) One parent has had his or her parental rights restricted and the other parent of the minor child cannot be identified.

Notwithstanding the restriction of parental rights, parents shall remain obliged to provide maintenance for the child in accordance with Clause 3, Article 87 of the Law on Marriage and Family 2014.

_________________________________
KINH BAC INTERNATIONAL LAW FIRM
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

04/05/2026

RESTRICTION OF PARENTAL RIGHTS TOWARD MINOR CHILDREN

Parents shall have their rights toward minor children restricted in the cases prescribed in Article 85 of the Law on Marriage and Family 2014, including:

1. Being convicted of one of the intentional offenses against the life, health, dignity, or honor of the child; or committing acts of serious breach of the obligations to supervise, care for, rear, and educate the child;

2. Dissipating the child's property;

3. Leading a depraved lifestyle;

4. Inciting or compelling the child to perform acts that are contrary to the law or social ethics.

The parties entitled to request the restriction of parental rights toward minor children are prescribed in Article 86 of the Law on Marriage and Family 2014, including:

1. A parent or the guardian of a minor child has the right, in accordance with the law on civil procedure, to request the Court to restrict the rights of the other parent toward said minor child.

2. The following individuals, agencies, and organizations have the right, in accordance with the law on civil procedure, to request the Court to restrict parental rights toward a minor child: a) Next of kin; b) State management agencies in charge of families; c) State management agencies in charge of children; d) The Women's Union.

3. Other individuals, agencies, or organizations, upon detecting that a parent has committed any of the violations prescribed in Clause 1, Article 85 of this Law, have the right to propose that the agencies or organizations specified in points b, c, and d of Clause 2 of this Article request the Court to restrict the parental rights toward the minor child.
_________________________________
KINH BAC INTERNATIONAL LAW FIRM
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

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No. 50 Mai Dich Street, Cau Giay District, Hanoi
Trung Hà

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http://www.kiblaf.com/

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