What are the procedures for dismissal of employees in Vietnam?

What are forms of disciplinary measures in Vietnam?

Pursuant to Article 124 of the Labor Code in 2019 stipulating disciplinary measures as follows:

Disciplinary measures

1. Reprimand.

2. Deferment of pay rise for up to 6 months.

3. Demotion.

4. Dismissal.

As regulations above, the employer shall discipline the employee in 04 following forms of disciplinary measures as follows:

- Reprimand.

- Deferment of pay rise for up to 6 months.

- Demotion.

- Dismissal.

What are the procedures for dismissal of employees in Vietnam? - Image from Internet

What are the procedures for dismissal of employees in Vietnam?

Pursuant to Article 70 of the Decree 145/2020/ND-CP stipulating disciplinary procedures as follows:

Disciplinary procedures

Disciplinary procedures prescribed in Clause 6 Article 122 of the Labor Code are specified below:

1. In case an employee’s violation is discovered when it is committed, the employer shall prepare a violation record and inform the internal employee representative organization of which the employee is a member, the employee’s legal representative if the employee is under 15. In case an employee’s violation is discovered after it is committed, evidence of such violation must be gathered.

2. Within the time limit for disciplinary procedures specified in Clause 1 and Clause 2 Article 123 of the Labor Code, the employer shall hold a disciplinary hearing as follows:

a) At least 05 working days before the disciplinary hearing is held, the employer shall notify the mandatory participants prescribed in Point b and Point c Clause 1 Article 122 of the contents, time and location of the hearing, full name of the employee facing disciplinary procedure and his/her violations. Make sure the participants receive the notification before the hearing takes place;

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As regulations above, the procedures for dismissal of employees in Vietnam are:

Step 1: The employer shall prepare a violation record.

In case an employee’s violation is discovered when it is committed, the employer shall prepare a violation record.

In case an employee’s violation is discovered after it is committed, evidence of such violation must be gathered.

Step 2: The employer shall inform the internal employee representative organization of which the employee is a member.

Step 3: The employer shall hold a disciplinary hearing according to following procedures:

(1) Notification

The employer shall notify the mandatory participants of contents, time and location of the hearing, full name of the employee facing disciplinary procedure and his/her violations.

(2) The participants in the meeting to confirm attendance with the employer

(3) Start the meeting

(4) Preparing record regarding the content of the disciplinary hearing and obtaining signatures from the participants.

In cases where someone does not sign the record, the person responsible for recording the record should clearly state their name and the reason for not signing (if applicable) within the content of the record.

Step 4: Issuing the decision on disciplinary action for the employee.

What is the time limit for taking disciplinary measures at work in Vietnam?

Pursuant to Article 123 of the Labor Code in 2019 stipulating time limit for taking disciplinary measures at work in Vietnam as follows:

Time limit for taking disciplinary measures at work

1. The time limit for taking disciplinary measures against a violation is 06 months from the date of the occurrence of the violation. The time limit for dealing with violations directly relating to finance, assets and disclosure of technological or business secrets shall be 12 months.

2. In case the time limit stipulated in this Article has expired or is shorter than 60 days when the period stipulated in Clause 4 Article 122 of this Labor Code expires, the former may be extended for up to 60 more days.

3. The employer shall issue a disciplinary decision within the period specified in Clause 1 and Clause 2 of this Article.

As regulations above, the time limit for taking disciplinary measures against a violation is 06 months from the date of the occurrence of the violation.

The time limit for dealing with violations directly relating to finance, assets and disclosure of technological or business secrets shall be 12 months.

In case the time limit stipulated in this Article has expired or is shorter than 60 days when the period stipulated in Clause 4 Article 122 of the Labor Code in 2019 expires, the former may be extended for up to 60 more days.

Best regards!