Illustration: labour union meeting — by Marjory Collins, via Wikimedia Commons (Public domain).
A French group opens a factory in Vietnam and sends over its HR director. She knows the 35-hour week, multi-layered dismissal procedures and binding industry-wide agreements — then discovers Vietnam’s framework runs on a different logic. This article compares the three pillars: termination, working time and collective bargaining.
1. Working time: 35 hours vs 48 hours
The starkest difference is standard working time. France sets the statutory working week at 35 hours (Article L3121-27 of the Labour Code). Overtime beyond 35 hours carries premiums: 25% for the first eight hours, 50% thereafter. This is the default standard, though collective agreements may adjust the details.
Vietnam caps normal working time at 8 hours per day and 48 hours per week (Article 105 of the 2019 Labour Code). Overtime is limited: no more than 40 hours per month and 200 hours per year, rising to 300 hours per year in special cases (Article 107). Overtime pay exceeds the normal hourly wage at statutory rates.
The practical consequence: identical production lines carry fundamentally different labour norms and overtime costs in the two countries. A French company cannot copy its shift model from France to Vietnam; it must recalculate under Vietnam’s 48-hour framework and overtime ceilings.
2. Termination: French procedure is far more layered
In France, dismissal (licenciement) is heavily protected. Employers must follow a set sequence: summon the employee to a preliminary meeting (entretien préalable), then issue a written, reasoned decision. Economic dismissals (licenciement économique) add another procedural layer, including redeployment obligations. Alongside unilateral dismissal, France offers termination by mutual agreement (rupture conventionnelle) — which only takes effect after administrative approval.
In Vietnam, the 2019 Labour Code lists the cases for unilateral termination by employers (Article 36) with notice periods, and treats dismissal as a disciplinary sanction (Articles 125–127) reserved for serious misconduct such as theft, embezzlement or disclosure of technological secrets. Procedures are less layered than in France, but employers must still get the legal ground and notice period right — one misstep can render a termination unlawful, triggering reinstatement and compensation.
3. Collective bargaining: two different models
France runs a multi-tier bargaining system: industry-wide agreements (conventions collectives de branche) binding across the sector, company-level agreements (accords d’entreprise) for internal detail, and periodic bargaining duties on wages and working time. Employee representation in firms with 11 or more staff runs through the Social and Economic Committee (CSE).
Vietnam provides for collective labour agreements (Articles 65–73 of the 2019 Labour Code) negotiated between the workforce collective and the employer, plus workplace dialogue mechanisms. In practice, coverage and binding force of collective agreements in Vietnam are not as deep as France’s mandatory industry system — a point where French companies must recalibrate expectations when building labour relations in Vietnam.
Quick comparison
| Item | France | Vietnam |
|---|---|---|
| Standard week | 35 hours (L3121-27) | 48 hours (Art. 105, 2019 Labour Code) |
| Overtime | 25%/50% premiums | Cap: 40 hrs/month, 200–300 hrs/year |
| Dismissal | Multi-step procedure; administrative approval for rupture conventionnelle | Unilateral termination (Art. 36) + disciplinary dismissal (Art. 125–127) |
| Collective bargaining | Binding industry agreements + company agreements | Collective labour agreements (Art. 65–73) |
Frequently asked questions
Can a French company apply a 35-hour week at its Vietnamese plant?
Yes, as a condition more favourable than the statutory 48-hour ceiling. But costing and norms must reflect Vietnamese realities.
Is dismissing employees in Vietnam as hard as in France?
Procedures are less layered, but the legal ground (Article 36 or disciplinary Articles 125–127) and notice periods must be exact. Unlawful dismissal triggers reinstatement and compensation.
Are collective labour agreements mandatory in Vietnam?
The law encourages them and sets negotiation procedures (Articles 65–73), but real coverage does not match France’s binding industry system.
Does Vietnam have an equivalent of rupture conventionnelle?
No equivalent with administrative approval exists. Parties in Vietnam may agree to terminate a contract, but that is an ordinary civil agreement without France’s approval mechanism.
This article has been quality-reviewed by the FLAW AI Legal Council