Investment & Consulting, News & Legislation
Conditions for working employment service in Vietnam
Employment service is one of the supporting industries that attracts a lot of attention from foreign investors. So how do Decree 23/2021/ND-CP and Decree 31/2021/ND-CP come into being with regulations on conditions for working employment service with foreign investors? Let us clarify in this article.
Firstly, what activities does employment services include?
According to the provisions of Article 36 of the Employment Law 2013, employment services include consulting and job placement activities; supply and recruit labor at the request of the employer; Collect and provide information on the labor market.
Thus, it can be understood that employment service is a service activity of an organization that has the function of providing and introducing jobs in order to create a product or service, whereby the service provider carries out recruitment and training activities according to the needs, conditions and standards of the client being the employer. The result of employment products and services is that employees find a suitable working position, and the employer finds a suitable person in charge of the job they need to recruit. Employment service organizations include employment service centers and employment service businesses. Foreign investors doing business in the field of employment services must establish an enterprise.
Secondly, conditions for working employment service
Enterprises of foreign investors in Vietnam providing employment services must be granted employment service licenses. Article 14 of Decree 23/2021/ND-CP stipulates the conditions for being granted a license to provide employment services, including:
Conditions on location
Location of the head office or branch to organize employment service activities must be owned by the enterprise or leased stably by the enterprise under a contract of 03 years (36 months) or more.
Conditions on deposit
Enterprises performing employment service activities must make a deposit of VND 300,000,000 at a Vietnamese commercial bank or a foreign bank branch lawfully established and operating in Vietnam.
Conditions for the legal representative of the enterprise
The legal representative of the employment service enterprise must ensure:
• Being an enterprise manager in accordance with the Law on Enterprises;
• Not falling into one of the following cases: being examined for penal liability, being detained, serving prison sentences, serving administrative handling measures at compulsory detoxification establishments, educational institutions Compulsory, fleeing, restricted or incapacitated for civil acts, having difficulties in cognition or behavior control, being banned by the Court from holding certain posts, practicing professions or doing related jobs. regarding employment services;
• Having a university degree or higher or having worked directly as a professional or in managing employment or labor supply services for full 02 years (24 months) or more within 05 consecutive years before license application.
The job service market currently has many large foreign-invested recruitment companies, such as Manpower Vietnam, J-Job, NIC, Talentnet, etc.
Thirdly, restrictions on activities of sending workers to work abroad under contracts of foreign-invested enterprises in Vietnam.
The service of recruiting workers to work abroad under contracts is an industry on the list of industries and trades not yet accessible to the market for foreign investors promulgated together with Decree 31/2021/ND- CP. In Article 8 of the Law on Vietnamese workers going to work abroad under contract in 2020 (effective from January 1, 2022), it stipulates: “Service activities to send Vietnamese workers to work abroad Outside of the contract are conditional business lines and investment lines and can only be performed by Vietnamese enterprises that have a license to operate the service of sending Vietnamese workers to work abroad under a contract issued by the Minister of Labor, War Invalids and Social Affairs”.
Thus, the current Vietnamese law does not allow foreign investors to provide the service of sending workers to work abroad. Currently, this service is still considered a service that needs to be strictly controlled, in order to avoid risks for workers when working abroad. Therefore, businesses providing this service must ensure strict conditions as prescribed by law and foreign investors are still not allowed to invest in this industry.
Foreign investors have questions about regulations related to business conditions with foreign investors or need to learn and update new points of labor law, investment law or have any other needs. For any other legal advice, please contact us immediately:
INCO MINH ANH CO., LTD
Hotline: 0982674857
Email: [email protected]
We look forward to cooperating with you!
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MONTHLY PAYMENT OF SOCIAL INSURANCE PAYMENT FROM SEPTEMBER 2021
Law on Social Insurance 2014, amended and supplemented in 2018 stipulates that “The monthly salary on which social insurance premiums are based will be the salary plus salary-based allowance and other amounts as prescribed in the labour law”. In labor contracts, besides the salary, the agreement about payment of social insurance is an issue of particular concern to the employer and the employee and there are still many unclear points. We, a law consulting firm Inco Minh Anh, will analyze and clarify in this article based on new circulars issued by the Ministry of Labor, War Invalids and Social Affairs.
Firstly, the amounts included in the monthly salary to pay social insurance premiums (mandatory) include:
1. The salary by job or title is the salary calculated according to the time of the job or title according to the salary scale and salary table developed by the employer in accordance with the law; for employees who are paid by product or package salary, it is the salary calculated over time to determine the product unit price or package salary;
2. Salary-based allowance to compensate for factors on working conditions, job complexity, living conditions, and level of labor attraction that the salary agreed in the labor contract has not been taken into account or calculated not enough.
3. Other amounts can determine the specific salary along with the salary agreed in the labor contract and pay regularly in each pay period.
The amounts included in the monthly salary on which social insurance premiums are based are regular incomes, and it is easy to determine a specific amount. This makes it easy for enterprises to determine the insurance payment obligation for each employee. At the same time, the insurance agency also easily manages the declaration and payment of social insurance.
Second: Amounts not included in the monthly salary to calculate the payment of social insurance (stipulated in Circular 06/2021/TT-BLDTBXH effective from September 1, 2021) include:
Bonuses; initiative bonus; mid-shift meal; allowances for petrol, phone, transportation, housing, child care, and child rearing; support when the employee has a dead relative, the employee has a married relative, the employee’s birthday, allowances for the employee in difficult circumstances when suffering from a work accident, occupational disease and other allowances that are recorded in a separate amount in the labor contract.
Thus, not all incomes recorded on labor contracts are included in the monthly salary on which social insurance premiums are based. Therefore, employers need to understand these provisions in order to stipulate salaries, expenses, and support for employees in accordance with the demand of the business as well as to ensure the provisions of the law.
In reality, many enterprises are confused in determining the amounts included in the monthly salary on which social insurance premiums are based, leading to the result of miscalculation of the insurance obligation. In case the enterprise determines the monthly salary on which social insurance premiums are based, including optional amounts, it will lead to an increase in the obligation for both employees and employers. In case, due to an error, there is a lack of calculation of the amounts included in the monthly salary on which social insurance premiums are based, the enterprise may be sanctioned for the act of improperly paying social insurance premiums when the insurance agency checks their business.
Thirdly, about pay grades, each salary-based allowance and other amounts, the law does not stipulate a minimum or maximum level
The current Labor Code prefers the agreement between the parties and the regulations of the enterprise. Article 103 of the Labor Code 2019 stipulates that: “Regimes on wage raise, wage rank promotion, allowances and subsidies and incentive regimes for employees shall be agreed upon in labor contracts and collective labor agreements or regulations of employers”. Therefore, the employee’s monthly salary on which social insurance premiums are based depends on the agreed salary by the parties recorded in the labor contract (not lower than the regional minimum salary) and other regulations of the enterprise. When declaring and paying social insurance premiums, employers need to pay attention to the above provisions not only for ensuring their interests but also ensuring complying with the law.
Enterprises and employees have questions about regulations related to labor law, labor agreement, social insurance in Vietnam, need to learn and update new points of labor law, legal insurance law or have any other legal advice needs, please contact us immediately:
INCO MINH ANH CO., LTD
Email: [email protected]
Best regards!
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Some prominent note for employers from 2021 (Labor Code 2019)
Labor Code 2019 takes effect from the date of 01.01.2021. Some prominent notes for employers are as follows:
1. The probationary period
The Labor Code 2019 requires the parties to sign a probationary contract, which can be recorded into a separate contract, agreed by mouth or recorded in the contents of the labor contract; change the regulations on the subjects who are not required to sign the probationary contract (for those with a labor contract of less than 01 month) and expand the probationary audience. The probation period for each subject is specified in Article 25 of the Labor Code 2019, specifically as follows:
1. 180 days for the position of enterprise executive prescribed by the Law on Enterprises, the Law on management and use of state investment in enterprises;
2. 60 days for positions that require a junior college degree or above;
3. 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of or for technicians, and skilled employees;
4. 06 working days for other jobs.
2. The employer unilaterally terminates without prior notice (Article 36 Labor Code 2019)
Cases where employers unilaterally terminate without prior notice include:
– The employee voluntarily quit his job without having a plausible reason for 05 or more consecutive working days
– The employee is not present at the workplace after the period specified in Article 31
3. Salary regulations
The Labor Code 2019 has a number of additional requirements for employers in terms of wages as follows:
– Not to limit or interfere with the employee’s right to self-determination to spend salary; do not force the employee to spend the salary on buying goods or using services of the employer or other units designated by the employer.
– Each time the salary is paid, the employer must notify the payroll to the employee, clearly stating the salary, overtime pay, night work salary, content and deductible amount (if any). .
– If due to force majeure, the employer has found all remedies but cannot pay the salary on time, it must not exceed 30 days; If the salary is delayed for 15 days or more, the employee must be compensated an amount as prescribed in Article 95.
– In case of resignation due to water and water problems, but not due to the fault of the employer and not the natural disaster … as prescribed in Article 95, the salary must not be lower than the regional minimum wage.
4. Working time, rest time
Maximum overtime hours 40 hours / month (Article 105)
– Additional cases are not allowed to overtime more than 300 hours / year (Article 107)
– In special cases, there will be no limit on overtime hours (Đ108)
– Add jobs with specified working hours and rest time (Article 109)
– Employers are responsible for setting the annual leave schedule after consulting with the employee and must notify the employee in advance.
5. Retirement age
The retirement age for employees is specified as follows:
| 2021 | Increase annually | Retirement age | |
| Male | 60 years old 3 months | 3 months / year | 62 years old from 2028 |
| Female | 55 years old 4 months | 4 months / year | 60 years old from 2035 |
| Hard work | Less than 05 years |
Changes in retirement age lead to changes in retirement conditions and retirement conditions in some cases (Article 218). For male employees, the salary used as a basis for pension calculation is the average salary of 20 social insurance contributions..
6. Some other new points of Labor Code 2019
– Form a labor contract agreement may be entered through electronic means (Article 14)
– Type of employment contract (Article 20)
– Quoc Khanh vacation 02 days full salary
– A female employee who “works hard” while pregnant can reduce 1 hour of work per day but still receive full salary (Article 137).
– In addition to monetary rewards, which could be property, or any other form (Article 104)
– The statute of limitations for handling the labor force: It is allowed to extend the time limit for disciplinary action by 60 days in some cases (Article 122)
– Some new points about the settlement of labor disputes: Articles 185, 187, 188, 190, 194, 199, …
Your company needs advice and implementation of the provisions of the Labor Code 2019; or any other need for legal advice, real estate consulting please contact us directly:
Hotline: 0982674857
Email: [email protected]
Best regards.
1. What is M&A?
M&A stands for two English words “merger” and “acquisition“.
M&A is an activity carried out by an individual or an organization that acquires an existing property of another individual or organization. Such existing property can be in the form of a company or a combination of assets, human resources, and methods. model for conducting certain business operations.
2. Types of M&A transactions: M&A is executed under two main types: buying shares and buying assets.
Factors affecting the reason parties choose to buy shares or buy assets to include: commercial, legal, tax, third-party consent, time required to refund transaction, etc. Sometimes, two methods of buying shares and buying assets are combined in one transaction in order to take advantage of advantages and disadvantages of each method.
– Share acquisition: the purchaser will buy shares / capital contribution in an existing and established company to become the sole owner, shareholder or member of that company -> The purchaser has the right to operate and indirectly own the assets that the target company has. Shares purchased by the purchaser become the property of the purchaser and the purchaser has the right to dispose of such shares in accordance with the laws, the charter and a separate agreement between the buyer and other shareholders of the company.
– Buying assets (Business acquisition): the purchaser acquires ownership of the property sold by the seller. Assets can be tangible or intangible, in a broad sense: reputation, human resources, resources, distribution network mạng The purchaser becomes a direct owner of the property and operates the business according to his way. Business acquisition is executed in Vietnam under the form of transfering of investment projects.
– Merger / consolidation (Merger): can also be considered as the third type of M&A transaction, however, in essence, merger / has many similarities with the share purchase: the shareholders of the merged or consolidated company often become shareholders of the merging or acquiring party; The merging or acquiring party inherits the rights and obligations of the merged or consolidate company and often does not have a choice of assets when conducting the merger / consolidation process. This is a stepping stone for two or more companies to be merged / merged together because they are the same owners.
3. The legal nature of M&A:
The decision made by an individual or organization to whether to buy property or to buy shares will be affected by the laws of Vietnam. For example, Vietnamese law does not allow foreign investors to directly buy land in Vietnam, but it is allowed to buy shares in Vietnamese enterprises even if they are “owned many land lots.
Vietnamese regulations is also the reason why this method has many advantages over the other. For example, the law also sets out quite strict conditions that a company that is an investor of a real estate project must meet many conditions in order to be allowed to transfer a real estate project but hardly sets any coditions to shareholders of that company to sell their shares in the company.
An advantage of the ethod of share acquisition:
The purchaser will indirectly own all the assets of the target company and all the government licenses and approvals which the target company has in order to continue conduct current business. In contrast, the purchaser in business acquisition must apply for re-issuance (by amendment or new grant) of almost all the licenses and approvals of the government necessary to carry out the acquired business operation.
If in the business acquisition, the buyer does not inherit any of the seller “sobligations and responsibilities with respect to the purchased property, then in share acquisition, the purchaser must inherit the obligations and responsibilities. of the target company from the seller, equivalent to the
percentage of traded shares. Such obligations and responsibilities may be obligations to partners in contracts signed by the target company, obligations to employees in collective labor agreements, tax obligations to the state or legal liability that has arisen or is potential due to the law violation of the target company.
4. M&A in Vietnam
In fact, merger is rarely used in M&A transactions in Vietnam because the laws of Vietnam are still sketchy, general and lack of detailed instructions. The administrative procedures for transferring assets from the merged or consolidated company to the merging or acquiring company are unclear, time-consuming and do not have a common operating mechanism. The merging or acquiring company must inherit the debts and other obligations of the consolidating companies and the merged companies. This creates a risk for the buyer.
When buying shares in the merged or consolidated company, the purchaser is only at risk with all the assets of the company being merged or merged. When consolidating, merging, the purchaser must be responsible with all his assets.
5. M&A support services
M&A in Vietnam is a form of activity that has not really developed, therefore businesses and investors, especially foreign investors, often face many difficulties.. Clients wishing to transfer, purchase, merge or consolidate can contact us for assistancein finding a transfer partner and legal support.
If you need to use the service, please contact us:
INCO MINH ANH Co,.Ltd
Hotline: 0982674857
Email: [email protected]
Best regards.
Intellectual Property Service, News & Legislation, Service
Supporting employees (Hỗ trợ người lao động) at 1.8 million/person because epidemic Covid-19
The covid-19 pandemic has been badly affecting the global economy, and Vietnam is no exception. Falling sales, stagnant production, delayed or even canceled orders have led to a financial burden for businesses, especially manufacturing enterprises – a group of enterprises with a lot of workers and employees (Hỗ trợ người lao động). As a result, businesses have difficulty in ensuring the lives of their employees while balancing their financial position.
In such difficult period, Resolution 42 / NQ-CP was issued in a timely manner, reassuring enterprises and reassuring workers to continue to feel secure in production and business. Accordingly, Resolution 42 has a very important content that both businesses and employees are interested in, that is: “Supporting employees who have their labor contracts suspended, unpaid leave at 1.8 million / person, maximum time of 03 months.”
However, the resolution was issued but there was no specific guidance, making localities stuck in the implementation of the resolution.
On April 25, Prime Minister Nguyen Xuan Phuc issued Decision No. 15/2020 / QD-TTg regulating the implementation of policies to support people facing difficulties due to COVID-19 epidemic.
Accordingly, the above content will be implemented as follows:
1. The employee who is entitled to the policy must meet the following requirements (Hỗ trợ người lao động)
+ Unpaid leave, postponement of employment contracts for 01 month or more in a row
+ Currently attending compulsory insurance
+ Working at a business with no revenue or no financial resources to pay salaries.
Therefore, in the condition of No. 3, enterprises will need to prove their financial difficulties through books and vouchers so that employees can enjoy this policy.
2. The order of procedures (Hỗ trợ người lao động)
+Firstly: The enterprise makes a list of employees who meet the above conditions according to the form in Annex 1 issued with this decision, requesting the grassroots trade union to certify this list.
+ Secondly: The enterprise submits the list of above certifications to the social insurance agency in suspicion of certification within 3 days from the time of submission.
+ Thirdly: After receiving the confirmation from the social insurance agency, the enterprise submits the list and proofs mentioned above to the one-stop section of the district People’s Committee where the head office is located. Within 3 days, the district People’s Committee will carry out the procedures to approve the list and support budget, and direct the payment of support.
Thus, the policy is both a right and an obligation of the business. Enterprises implement procedures so that the new employees can enjoy the policy. Because the policy shares with businesses about taking care of the lives of workers during the epidemic. Since then, it helps workers feel more secure, accompanies businesses through difficulties. Later, when the epidemic is over, workers are ready to return to work to help businesses stabilize production and business.
If you need to use the service, please contact us:
INCO MINH ANH Co,.Ltd
Hotline: 0982674857
Email: [email protected]
Best regards.
Chưa được phân loại, Investment & Consulting, News & Event, Tin tức văn bản pháp luật, Tu van Doanh nghiep
CHANGE OF RETIREMENT AGE IN LABOR LAW 2019
The Labor Code 2019 was officially passed by the National Assembly Viet Nam XIV on November 20, 2019. The Labor Code includes many new provisions compared to the Labor Code 2012 and if the Labor code takes effect, it’s will affect many aspects of the lives of workers. Especially in those new regulations, the increase in retirement age is most concerned by the majority of employees.
Accordingly, Clause 2, Article 169 of the 2019 Labor Code provides: “The retirement age for workers in normal working conditions is adjusted to full 62 years old for male workers in 2028 and full 60 years old for female workers in 2035.
From 2021, the retirement age for ordinary employees is 60 years and 03 months for male workers and 55 years and 04 months for female workers; after that, every year it will increase by 3 months for male workers and 04 months for female workers. ”
Therefore, the retirement age for employees in Labor Code 2019 is increase to more 02 years for male workers and 05 years for Woker women than to the old rule. This change will increase according to the roadmap so that workers can adapt to this change, as follows:
| Male Worker | Female Worker | |
| 2021 | Full 60 years 03 months | Full 55 years 04 months |
| 2022 | Full 60 years 06 months | Full 55 years 08 months |
| 2023 | Full 60 years 09 months | Full 55 years |
| 2024 | Full 61 years | Full 56 years 04 months |
| 2025 | Full 61 years 03 months | Full 56 years 08 months |
| 2026 | Full 61 years 06 months | Full 57 years |
| 2027 | Full 61 years 09 months | Full 57 years 04 months |
| 2028 | Full 62 years | Full 57 years 04 months |
| 2029 | Full 62 years | Full 58 years |
| 2030 | Full 62 years | Full 58 years 04 months |
| 2031 | Full 62 years | Full 58 years 08 months |
| 2032 | Full 62 years | Full 59 years |
| 2033 | Full 62 years | Full 59 years 04 months |
| 2034 | Full 62 years | Full 59 years 08 months |
| 2035 | Full 62 years | Full 60 years |
If you need to use the service, please contact us:
INCO MINH ANH Co,.Ltd
Hotline: 0982674857
Email: [email protected]
Best regards.
Activity, Legislation, Luật sư của bạn, News & Event, News & Legislation, Tư vấn, Tu van Doanh nghiep
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