A successful business starts with a robust, harmonious team. To prevent disputes, legal regulations and systematic resolution methodologies are available as tools to maintain collective unity within an organisation. With technical expertise and tactful sophistication, Corporate Counsels would like to help companies utilise said tools to the best of their advantage.
Our legal services go beyond providing a comprehensive interpretation of the Labor Code. We also offer tailored recommendations on how to apply these regulations to your specific business, ensuring that you can stay true to your values and organizational structure. We understand that each business is unique, and our goal is to provide you with legal guidance that aligns with your company’s values while remaining compliant with labor laws. By considering your business’s individual characteristics, we can offer customized solutions that help you navigate the intricacies of labor regulations effectively.
Our team of labor law specialists is well-equipped to assist clients in various aspects of labor law, ranging from labor contract design to dispute resolution, expatriate worker assistance, and collective bargaining. We are committed to providing our clients with insightful advice, taking prompt and efficient action, and delivering high-quality support. Our professional objective, whether representing the employer or employee, is to enhance productivity and promote collaboration while maintaining a fair and diligent approach. We are dedicated to fighting for our clients’ rightful entitlements while fostering cooperation.
Corporate Counsels labor law attorneys have served as legal advisors to local companies and conglomerates, boards of directors and individual employees. Our significant expertise in employment law, combined with our comprehensive knowledge of local regulatory legislation, enables us to approach human-centric issues with the necessary sensitivity and understanding. We recognize the importance of addressing the unique dynamics and complexities that arise in interpersonal employment matters. This perspective allows us to provide effective guidance and support in navigating these specific challenges.
Labor Law Advice
Corporate Counsels represents both the employee and employer. Our labor law counselling services aim to help our clients become more aware of their legal rights and thus better defend their entitlement in the workplace.
We have stood with corporate entities and business owners who approached us for dispute mediations and dispute prevention protocols. Emerging organisations and multinationals looking to open an office in Vietnam often request support with regulatory compliance. We provide advice on all employment-related matters essential in the setup of a company, including recruitment, health and safety codes, pension funds, incentive and bonus programmes. Our team of skilled lawyers has extensive experience in mediating disputes and effectively managing the litigation process. Whether it’s navigating collective agreements or addressing mass terminations, we possess the expertise and foresight to provide sound recommendations that align with both legal requirements and the unique circumstances of each situation.
Additionally, we have extensive experience in assisting employees in cases of wrongful dismissal. Our approach involves a thorough analysis of their specific circumstances, a review of termination laws and regulations, and assisting them in building a strong case. Furthermore, our lawyers provide guidance to unions, ensuring they are well-informed about their negotiating powers and prerogatives. With a deep understanding of both legislation and cultural dynamics in the workplace in Vietnam, Corporate Counsels is committed to restoring professional relationships and protecting the rights of both individuals and businesses.
Labor Restructuring Advice
Restructuring should bring about efficiency and innovation. However, labor redundancies and retrenchment can fan acrimony. Having planned and implemented labor restructuring measures, Corporate Counsels can help corporate entities secure smooth transitions from one framework to another.
Our consultation services are inclusive of all stages in a restructuring process. Working closely with the employer company, we channel our legal expertise as well as our relations with local financial experts to assist in the drafting of a fair, commercially viable new labor structure. We then prepare to defend any and all employee dismissals, making certain that each of them is with cause and in compliance with Vietnamese labor laws. Alternatively, depending on the company’s objectives, we can provide consultation on implementing an employment protection plan.
As legal representatives of the employer, we are also in charge of relaying information to the employees. Communicating with sensitivity, our labor attorneys are adept in liaising with worker representatives and trade unions. Using our professional judgement accumulated by years of practice, we will then advise the employer on the appropriate termination measure. Once negotiations reach an agreement, Corporate Counsels will board the implementation process with the employer company and can take responsibility for interactions with the labor authority. Leveraging our experience with similar cases, Corporate Counsels is confident in delivering sophisticated and cost-saving solutions that minimize disruptions to their operations.
Labor Documentation (Labor Contracts, Internal Labor Regulations, Collective Labor Agreements)
Human resources play a vital role in any company’s success. However, new business owners, foreigners, or individuals without a deep understanding of the Vietnamese Labor Code and procedural requirements may face challenges in effectively managing their talent and strategizing their labor documents. This lack of familiarity can hinder their ability to navigate and comply with the necessary regulations, potentially impacting their overall talent management efforts.
In a rapidly evolving regulatory landscape like Vietnam, Corporate Counsels is dedicated to assisting you in making proactive labor-related preparations to minimize disruptions to your business operations. Our services encompass a wide range of support, including providing legal recommendations, drafting contracts, participating in negotiations with worker representatives, and facilitating the registration process for necessary documentation. With our experience in guiding large and medium-sized enterprises through various employment issues throughout their life cycles, we are well-equipped to address your specific needs and ensure compliance with the evolving labor regulations in Vietnam.
- Labor Contract
- Our labor lawyers have advised companies, especially those led and owned by foreigners, on the different types of labor contracts and their enclosed rights and obligations recognised under Vietnamese law. In addition, we offer personalised recommendations to our client’s specific needs. Termination mechanisms are uniquely designed to reflect the company’s internal values. Depending on the nature of the industry, we will also provide templates for special clauses regarding intellectual property, confidentiality, non-competition, amendments and annexes.
- Internal Labor Regulations (IRLS)
- IRLs have a contractual bearing on the employer-employee relationship, therefore it should strictly abide by the Labor Code provisions. Corporate Counsel’s extensive background in the local legal industry makes us the ideal counsel on labor law compliance. Similar to our labor contract services, we will also provide tailored advice to enable each company a degree of flexibility in managing their human resources. We also assist our clients in registering their IRLs to the appropriate authority, as required by the Labor Code. If the need for amendments arises, our attorneys can also hold negotiations with the trade union (if any) on behalf of the directors, protect their interests, then resubmit to the government for approval.
- Collective Labor Agreement
- A collective labor agreement is a legally binding agreement between an employer and their worker collective. To help our clients hold their grounds at the negotiating table, Corporate Counsels presents guidance on managerial prerogatives as stipulated by the Labor Code and draft it according to the results of a collective bargaining. In case of a dispute or in case of a merger and acquisition renegotiation, our attorneys will also act as mediators or representatives, to lead to a favourable and just outcome for all parties.
Expatriate Relocation (work permit, temporary residence card)
As an avid proponent of globalisation, we join other domestic businesses in welcoming expatriate talent to Vietnam. Having worked with many multinationals, Corporate Counsels firmly believes that the exchange of professional experience and cultural diversity contributes to the vibrant Vietnamese economy, benefiting both locals and foreigners. This mutual enrichment enhances the overall quality of life and experiences for all parties involved.
To facilitate the bureaucratic process of expatriate relocation, Corporate Counsels will advise the employer on the appropriate course of action towards a visa, work permit, or temporary residence card. Meticulous and experienced, we are committed to realistic suggestions, including details on the timeline and costs. Should the circumstances require special considerations, we will work alongside our client until a favourable solution is produced.
Our team of lawyers also offer support with the registration and renewal processes. Working with the local government as foreigners can be daunting, Corporate Counsels is able to act as the conduit bridging cultures, enabling communication and effecting positive results for your registration or renewals.
Labor Reporting & Registration
Established companies have a responsibility to actively submit seasonal reports to the relevant State authorities, such as the Ministry of Labor, Invalids, and Social Affairs, and the Ministry of Health, as mandated by the Labor Code. However, the abundance of these documents and the dynamic nature of the processes can be overwhelming for businesses to manage independently. Corporate Counsels labor law attorneys are proficient in compliance reporting and registration, lessening the bureaucratic stress on our clients.
Requirements on labor reporting & registration in Vietnam vary from industry to industry. In a glance, licensed enterprises in Vietnam are mandated to carry out self-inspection and report on the following:
- Employee management
- Labor accident situation
- Occupational health of business
- Labor working conditions, safety & hygiene
- Employee Recruitment & Training
Depending on your business, you might be required to submit additional reports, such as:
- Foreign employees
- Domestic employees working overseas & returnees
This represents only a fraction of the wide scope of forms and procedures required by the government. Each document is subject to different periodic deadlines, adding to the complexity of compliance requirements. Corporate Counsels lawyers possess not only extensive knowledge of the labor law system but also meticulous attention to detail, ensuring comprehensive and accurate legal support. We will advise businesses on the reports demanded of them along with their deadlines within the fiscal year, walk them through the process and assist implement any self-assessment strategy if required. Efficient and accurate, our professional approach has proven immensely helpful to our existing clients, including corporations, SMEs, and start-ups.