Labour and employment in Vietnam

Baker McKenzie

Baker McKenzie‘s team, which is led by Thuy Hang Nguyen, has over 25 years of experience handling a full spectrum of matters for domestic and multinational clients. Its wide-ranging workload includes complex reorganisations and restructurings, compliance and investigations, as well as the employment aspects of M&A. In addition, other drivers of work include advice on workplace policies, hiring and recruitment practices, health and safety, and terminations and lay-offs. Nguyen's group includes special counsels Van Trung Khuat and Tri Trung Pham, as well as associates Thi Binh Nguyen and Xuan Hung Pham.

Practice head(s):

Thuy Hang Nguyen

Testimonials

‘The team are responsive and advice is commercial and pragmatic.’

‘Hang (Thuy Hang Nguyen) provides clear concise advice, helping us navigate the maze of Vietnamese employment law. Her understanding of the law, combined with her understanding of how corporates work, makes her very easy to work with.’

‘Solid expertise combined with practical view and understanding of the market practice which helps client(s) makes reasonable and right decisions.’

‘Labour & employment team of Baker McKenzie Vietnam is a strong and experienced team. The team provides the effective & efficient legal advice to businesses. Updated well with the trend & changes of labour law and labour cases. The team is proactive and innovative in providing and communicating with clients in the pandemic.’

Partner Thuy Hang Nguyen is a high profile individual in the labour and employment area. She has both international and local experience and expertise to provide the best solutions on labour cases, restructurings and advance protection to businesses. This is particularly important, given Vietnam is a pro-employee country.’

Rajah & Tann LCT Lawyers

Rajah & Tann LCT Lawyers’ team is equally skilled in contentious and non-contentious employment work, including restructurings, investigations and the employment aspects of corporate transactions. It is notably active in sectors such as insurance, financial services, healthcare and technology. Practice head Vu Thi Que  has particular experience of advising Japanese, Taiwanese and Chinese investors that are investing in Vietnam. Logan Leung  is another key individual in the team, as is senior associate Le Quynh Nhi.

Practice head(s):

Vu Thi Que

Other key lawyers:

Logan Leung; Le Quynh Nhi

Tilleke & Gibbins

Tilleke & Gibbins has a significant presence in the life sciences sector, as is evidenced by its work for clients such as Merck, Sharp & Dohme and Teva Pharmaceuticals. Elsewhere, the firm acts for clients in areas such as technology, education and financial services. The team provides a full service approach to employment, with advice ranging from day-to-day assistance to high value litigation. Kien Trung Trinh heads up the practice at the firm, which was strengthened by the recent arrival of counsel Sarah Galeski from KPMG Law in Vietnam.

Practice head(s):

Kien Trung Trinh

Key clients

Chemonics International

FMC Corporation/FMC Vietnam

Invisalign/Align Group

Lenovo

Merck, Sharp & Dohme

MIMS Pte. Ltd.

Teva Pharmaceutical

United Nations International School – Hanoi

Work highlights

  • Successfully assisted a multinational life sciences company with negotiating the mutual termination of the client’s general director due to Covid-related regional restructuring, saving the client more than $500,000 compared to the general director’s original demand.
  • Regularly advise Lenovo as preferred local counsel in Vietnam on all matters related to labour and employment.
  • Advise a high-profile international school on a range of operational issues, including labour matters for teachers and support staff.

ATS Law Firm

Equally strong advising employers and senior-level employees, ATS Law Firm's team has expertise in handling employee contracts, mass terminations, wrongful dismissals and employer liability claims, among other matters. Managing partner and practice head Vu Thi Thu Ha is highly skilled in advising on employment regulations and HR management issues. She is supported by other practitioners, such as Trong Hong Nhan and Nguyen Thi Ha.

Practice head(s):

Vu Thi Thu Ha

Testimonials

‘Vu Thi Thu Ha and her team give their best service and advice on my cases. They work very quickly in giving advice and solutions, either from regulations or local common practice.’

I’ve worked with Ms. Ha. She is very firm, timely and helpful. Her intelligence and experience is unquestionable.’

Key clients

Turner Vietnam Company Limited

Usaid Linkages For Small And Medium Enterprises (Linksme) Project

Mr Nishat Hussian

Mr. Tran Trong Hung

Mekong Mining Investment Joint Stock Company

Termo Vietnam Co., Ltd

Lhoist Group

Kalbe International Pte., Ltd

Frasers Law Company

Frasers Law Company, which has a strong profile among international clients, advises on significant restructurings, terminations and investigations, as well as restrictive covenants and general day-to-day compliance issues. Managing partner Mark Fraser co-heads the practice with Justin Gisz.

Practice head(s):

Mark Fraser; Justin Gisz

Other key lawyers:

Phung Thi Thanh Thao

Testimonials

‘We have a long standing relationship with the team and trust them to provide quality advice geared to the needs of MNCs.’

‘I would particularly highlight Mark Fraser and also Phung Thi Thanh Thao as very impressive.’

They are our first port of call for employment queries in Vietnam. We have found them to be responsive, reliable and knowledgeable. They are a pleasure to work with and we look forward to continuing our longstanding relationship with them.’

Key clients

Chubb Asia Pacific Pte Ltd

Work highlights

  • Provided employment law advice to Chubb in relation to its operations in Vietnam, on an on-going basis.

Lexcomm Vietnam LLC

Lexcomm Vietnam LLC‘s excellent reputation in the employment arena is reflected by the fact that it acts for clients such as Nissan and Uber. Its team is highly skilled in advising new market entrants on labour contracts and policies, as well as handling reorganisations arising from M&A. The team is also known to handle contentious matters, such as whistleblower investigations and employment litigation. Nguyen Hong Hai leads the team.

Practice head(s):

Nguyen Hong Hai

Other key lawyers:

Le Lien HuongTran Thi Giang

Key clients

Sports Engineering and Recreation Asia Ltd

Uber Vietnam Limited and Uber B.V.

Coherent Service Vietnam Limited Liability Company Harvey Nash

Ariston Thermo Group (Vietnam)

Nissan Automotive Technology

Vietnam Australia International School

Cushman & Wakefield

Dragonfly Education Group

Work highlights

  • Advised Harvey Nash on a dispute with a senior employee in its Vietnam office, as well as assisting with employment issues relating to outsourcing services for the company.
  • Assisted Cushman and Wakefield with a range of employment issues about non-renewal of expatriate manager’s employment and related post-termination issues.
  • Assisted Sera in litigation in court against former manager’s unreasonable claim for incentive and commission.

LNT & Partners

LNT & Partners has a strong track record handling labour litigation for large domestic companies, as well as regional subsidiaries and large multinational conglomerates. It is notably active in cases involving allegations of unfair dismissals. Elsewhere, on the non-contentious side, the group is prominent in complex restructurings, and it also advises on terms and conditions of employment contracts and executive remuneration, among various other issues.  The team is led by Net Le, Thai Binh Tran and Xuan Thuy Nguyen.

Practice head(s):

Net Le; Tran Thai BinhThuy Nguyen

Other key lawyers:

Tuan Nguyen

Testimonials

They have a very strong and diverse team.’

Dr. Net Le was exceptional with his flexibility and creativity solutions to help the team through all the process.’

Key clients

Golden Emperor Properties Limited Company

Hoang Lam Mechanical Fabrication Co.,Ltd

Work highlights

  • Defended Golden Emperor Properties in an unlawful termination claim.
  • Represented Hoang Lam Mechanical Fabrication in a dispute involving unfair dismissal

VILAF

VILAF is a go-to for many domestic and international companies, with its team having extensive experience of major terminations, restructurings and unfair dismissals, as well as work permit issues. The team is jointly led by managing partner Tung Ngo; Linh D. Nguyen. Another name to note is Quynh Pham , who acts for clients in sectors such as shipping, real estate and food and beverage.

Practice head(s):

Tung Ngo; Linh D. Nguyen

Other key lawyers:

Quynh Pham Ngoc Anh BuiHien Tran

Key clients

Prudential Vietnam Assurance Private Ltd.

ANZ Bank

Schneider Electric

Magnussen Logistics Co., Ltd.

Ikea Services (Vietnam) Co., Ltd.

Novus International, Inc.

3A Nutrition (Vietnam) Company Limited, a subsidiary of Abbott

BW Industrial Development Joint Stock Company

British Council

CPA Australia

Work highlights

  • Advised CPA Australia Ltd on various labour issues in Vietnam including solutions to terminate labour contracts with its employees.
  • Advised Schneider Electric IT Vietnam Limited on an employment dispute.

Vision & Associates

Vision & Associates' team, which is jointly led by Le Tuan Anh and Nguyen Thi Thanh Xuan, undertakes a wide range of transactional and advisory work, and it is also active in employment litigation. Recent mandates included advice to clients on employment contracts, restructurings, immigration issues and employee benefits.

Key clients

Bytedance Inc.

Vietnam Company Limited

Fichtner Vietnam Ltd. Company

Vestergaard Fransend Sa

Leggett & Platt, Incorporated.

Obayashi Vietnam Corporation

Toyota Motor Vietnam Co., Ltd.

Turkish Airlines Inc.

Chevron Lubricants Vietnam Co., Ltd.

Diebold Nixdorf Vietnam Company

Motorola Solutions

Sherwin Williams

The Boston Consulting Group

JP Morgan

Air Liquide Vietnam Co. Ltd.

ENI S.p.a

Toyota Motor Vietnam Co., Ltd.

Padmac Vietnam Co., Ltd.

Yamani Dynasty Co., Ltd.

Hulane Electronic (Vietnam) Co.,

Dsm Nutritional Products Vietnam Ltd

Carl Zeiss Pte. Ltd

Borouge

Louis Dreyfus Company, Llc (“ldc”)

Cpa Australia Ltd.

Upm-kymmene Oyj (“upm”)

Work highlights

  • Advised Bytedance on issues such as salary and bonus, social insurance benefits, retention of candidate’s dossier, intern transition and changes in new Labour Code.
  • Advised OVC on other labour issues such as annual leave, overtime wages and wage calculation method, employer’s payment for employee’s training certificates and severance allowance for retired employees
  • Advised Toyota on its labour and outsourcing contracts.