A successful business starts with a robust, harmonious team. To prevent disagreements and friction in an inter-hierarchical relationship, legal regulations and systematic resolution methodologies are available as tools to maintain collective unity within an organisation. With technical expertise and tactful sophistication, Corporate Counsel would like to help companies utilise said tools to the best of their advantage.

Our legal services deliver not only our thorough interpretation of the Labour Code but also our tailored recommendations on how to apply them to your business to stay authentic to your values and structure. From labour contract design to dispute resolution, expatriate worker assistance, and collective bargaining, our team of labour law specialists are prepared to equip our clients with insightful advice, quick and effective action, and high-quality support. Whether we are representing the employer or employee, our professional objective is to amplify efficiency in yield and togetherness in cooperation, whilst being a fair law practitioner who fights for our client’s rightful entitlements.

Corporate Counsel labour law attorneys have served as legal advisors to local companies and conglomerates, boards of directors and individual employees. Our vast exposure to the myriad aspects of employment law has added on top of our strong grasp on local regulatory legislation invaluable sensibility, which is much needed in dealing with human-to-human issues.

Labour Law Advice

Corporate Counsel represents both the employee and employer. Our labour 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 came to us for dispute mediations and dispute prevention protocols. Nascent 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, and incentive and bonus programmes. Our client roster also includes established firms undergoing labour contention. Our team of tactful lawyers are experienced in mediating disputes and managing a litigation process. From collective agreements to mass terminations, we have the skill and foresight to make recommendations according to the law and the situational specifics at hand.

On the other hand, we have also worked alongside employees in wrongful dismissal cases. We first analyse their case closely, go over termination laws and regulations, then help them build their case. Our lawyers also advise unions on their prerogatives to keep them informed on their negotiating powers. Well-versed with the legislation and the cultural behaviour at the workplace in Vietnam, Corporate Counsel aspires to be the party that rehabilitates professional relationships and protects working individuals as well as business entities.

Labour Restructuring Advice

Restructuring should bring about efficiency and innovation. However, labour redundancies and retrenchment can fan acrimony and strife. Having planned and implemented labour restructuring measures, Corporate Counsel 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 labour 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 labour laws. Alternatively, depending on the company’s objectives, we can likewise consult on an employment protection plan.

As legal representatives of the employer, we are also in charge of relaying information to the employees. Trained to communicate with sensitivity, our labour 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 Counsel will board the implementation process with the employer company and handle the required bureaucratic work, including interactions with the labour authority. With illustrious exposure to similar cases, Corporate Counsel is confident we can deliver sophisticated and cost-saving solutions that intend to inflict the most minimal disruptions to their operations.

Labour Documentation (Labour Contracts, Internal Labour Regulations, Collective Labour Agreements)

Human resources are indispensable to a company. However, many new business owners, foreigners, or legal laymen might not be well-versed with the Vietnamese Labour Code and procedural requirements when strategising their labour documents, hence unable to effectively manage their talent. At Corporate Counsel, we intend to use our consultancy services to help companies protect their interests whilst staying fair and lawful to foster a sustainable professional relationship with their employees.

In a fast-change regulatory environment such as the Vietnamese jurisdiction, Corporate Counsel will help you make all necessary labour-related preparations ahead of time to minimise interruptions to your business: from making legal recommendations to drafting contracts, from participating in negotiations with worker representatives to submitting documents for registration, we have experience accompanying large and medium-sized enterprises through multiple employment issues in their life cycle.

  • Labour Contract
    • Our labour lawyers have advised companies, especially those led and owned by foreigners, on the different types of labour 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, etc.
  • Internal Labour Regulations (IRLS)
    • IRLs have a contractual bearing on the employer-employee relationship, thus should strictly abide by the Labour Code provisions. Corporate Counsel’s extensive background in the local legal industry makes us the ideal counsel on labour law compliance. Similar to our labour 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 Labour 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 Labour Agreement
    • A collective labour 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 Counsel presents guidance on managerial prerogatives as stipulated by the Labour 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 been working with many multinationals, Corporate Counsel believes that the exchange of professional experience and culture continuously enriches both locals and foreigners in the animated Vietnamese economy, improving life experiences for all parties involved.

To facilitate the bureaucratic process of expatriate relocation, Corporate Counsel would like to offer our resources within the local regulatory authority network. Based on the characteristic of the job, we 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 draining and daunting, hence Corporate Counsel would like to be the bridge between cultures, the enabler of global harmonisation.

Labour Reporting & Registration

Established companies are required to take an active role in submitting seasonal reports to the appropriate competent State authorities (Ministry/Department of Labour, Invalids, and Affairs, Ministry of Health, etc.), as required by the Labour Code. However, since these documents and processes are abundant and subject to change, it can be overwhelming for businesses to keep track of on their own. For that reason, Corporate Counsel labour law attorneys would like to offer their proficiency in compliance reporting and registration, in hopes of lessening some bureaucratic stress on our clients.

Requirements on labour 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
  • Labour accident situation
  • Occupational health of business
  • Labour 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 is only a slice of the wide scope of forms and procedures required by the government. Each document is mandated at a different periodic lapse, furthering complications. Corporate Counsel lawyers are not only endowed with in-depth knowledge of the labour law system but also trained to be have the sharpest attention to details. We will advise businesses on the reports demanded of them along with their deadlines within the fiscal year, walk them through the process, and help them implement any needed self-assessment strategy. Efficient and accurate, our professional approach is proven immensely helpful to our existing client roster, which includes corporations, SMEs, and start-ups.