Labor Law Advisory

Labour risks rarely appear in a single day. They usually form from outdated contract templates, unsuitable internal rules, wrong discipline procedures, incomplete files for foreign experts, or confidentiality mechanisms that do not match reality. Good labour advisory helps enterprises both comply and operate, rather than only giving answers after disputes have erupted.

Quick summary: labour law advisory

For	Enterprises with personnel changes, building internal rule systems, or needing to handle discipline, contract termination and labour disputes.
Key documents	Labour contracts and appendices, registered internal labour rules, collective labour agreements, personnel decisions and the related employees’ files.
What to check	Grounds and procedures for discipline or termination, validity of registered internal rules, evidence of violations and financial obligations upon termination.

What enterprises often need

Labour contracts, appendices, confidentiality and non-compete agreements.
Internal labour rules, discipline and termination procedures.
Work permits, work permit exemptions and foreign expert files.
Advice on dismissal, compensation, transfers and labour disputes.

What does FLAT LAW FIRM do?

Review the labour file set and compliance gaps.
Draft contracts, internal rules, regulations and HR forms.
Advise on discipline, termination options and evidence file management.
Support foreign expert files and update related obligations.

Common risks

Using contract templates that are too short for managerial or key positions.
Discipline procedures missing mandatory steps or evidence.
Work permits expiring without the enterprise tracking them in time.
Confidentiality and non-compete clauses not tied to actual work.

Files to prepare

Labour contracts, internal rules, decisions, personnel files and related correspondence history.
Job position information, foreign employees, permits, durations and termination needs.
Current internal procedures, violation evidence and reports to competent authorities.

Why labour disputes are usually lost on procedure

In labour cases, enterprises often have legitimate reasons but lack proof files and proper sequence. Labour law is quite strict on grounds, competence, participants and processing deadlines; skipping one step in the chain can render a decision void even when the violation is real.

The foundation of the whole system is registered, still-valid internal labour rules. If the handled act is not described in the rules, or the rules have not completed registration procedures, most subsequent steps lose their footing.

So we usually start by reviewing the foundation file set — contract templates, internal rules, salary regulations, decision forms — before advising on a specific case. A system that is right from the start makes each later case simple.

Foreign personnel and senior personnel

For foreign labour, beyond the labour relationship there is a separate procedural layer on approval of usage needs, work permits or work permit exemption confirmations, and residence status. Regulations in this area have been amended multiple times, so conditions and files should be checked against the documents in effect at the time of filing.

For senior personnel, the focus is usually confidentiality agreements, non-compete commitments, rights to work results and termination mechanisms. These should be designed at hiring, because they are very hard to add once the relationship has soured.

Reference legal framework

Labour relations in Vietnam are governed by the Labour Code 2019 and decrees and circulars guiding labour contracts, internal labour rules, labour discipline, occupational safety and hygiene, and foreign employees. Foreign employee regulations currently apply Decree 219/2025/ND-CP (effective from 7 August 2025, replacing Decree 152/2020/ND-CP and Decree 70/2023/ND-CP); work permits have a maximum duration of 2 years. Specific conditions and files should be checked against the documents in effect at the time of filing.

Laws and regulations, state authorities’ competence and administrative procedures may change over time. The full texts of the above documents can be found at the Government’s legal normative document system. The content on this page is directional and should be checked against the documents in effect at the time of application to each specific file.

FAQ

Are internal labour rules required?

Enterprises employing 10 or more employees must issue written internal labour rules (Article 118, Labour Code 2019). Under 10 employees, issuing rules is not mandatory, but labour discipline and material liability contents must appear in the labour contract.

Do foreign experts always need a work permit?

Not every case is the same; the applicable or exempted category needs checking.

Can an employee be dismissed immediately upon violation?

Hasty action is not advisable. Procedures, grounds and evidence must be carefully checked.

Are non-compete clauses effective?

They need assessment by content, context and how the agreement is designed.

When should labour files be reviewed?

At least periodically and before restructuring, expansion or workforce reduction rounds.

When to talk to a lawyer

Before handling discipline or terminating a contract: check grounds, procedures, participants and limitation periods to avoid voided decisions.
When building or amending internal labour rules: ensure the registered content is registrable and practically applicable.
Before hiring foreign experts: determine the permit or exemption category, with durations and renewal obligations.
When restructuring, reducing staff or merging: design a compliant plan before announcing.

Useful links

Talk to FLAT LAW FIRM

You can send the existing documents, objectives and expected timeline for our team to assess the next steps.