As we all know, the labour relationship is considered as one of the most common legal relationships, apart from civil, commercial and business relationships. Millions of people and hundreds of thousands of businesses in Vietnam are maintaining their labour relationships, along with the multitude of legal documents containing the laws, decrees, circulars, and official letters issued by State agencies at the central and local level to manage and govern this relationship. With so many legal documents promulgated at different times, it can be difficult to find, read, understand and apply them in practice, and which can take a lot of time not only for ordinary people but also for lawmakers, law-researchers, HR personnel, in-house lawyers, professional lawyers and officials of State agencies. There are a number of legal documents issued that are quite general, unclear or unintelligible, that may provide a different direction or even conflict with the content of other legal documents, making it difficult for readers to understand and apply the labour law in practice.
In understanding these difficulties, the author Lawyer Nguyen Huu Phuoc, with nearly 25 years of experience consulting with many domestic and foreign clients in the field of labour law, has published the Book of Frequently Asked Questions in the Labour Field. The questions in this book often do not have a simple answer, such as an explicit reference in the relevant labour laws, or in various legal texts. Therefore, in cases where there are no legal documents for reference or the only references to legal documents are not clear, the author has applied his considerable legal analysis skill as a professional law practitioner to find the right answers, by applying the provisions of law in other areas of law of a similar nature or use. For questions that cannot be answered by any of the above methods, the author has sought answers through official letters from the competent local labour authority or unofficial guidelines from the officers of the local labour agencies.
In general, the answers in this Book are compiled from the provisions of Vietnamese labour law and the practical application of labour law for enterprises, to help both domestic and foreign invested enterprises to be in compliance with the labour law and meeting the requirements of the local labour agencies. In a nutshell, the contents of this Book are based on the principle of “law + theory + practice + situation of business”. So, if you look at these questions from other angles, for example from the perspective of State labour management agencies or from the perspective of employee protection, legal research or lawmakers, the answers to these questions may be somewhat different.
We hope you enjoy reading this Book, and that it adds value to your organisation. We look forward to also receiving your comments – please use the email address firstname.lastname@example.org– so that upcoming reprints of this Book can be better tailored to match with the readers’ needs, but also address new questions or emerging topics in labour law based on the situations of readers, the new labour regulations to be promulgated, as well as the international treaties that Vietnam has joined or will join in the coming time.