Legal Counselling

Vietnam: Guidance on responsibility for recruitment and deployment of workers

09:53, 15/10/2016

This content is specified in Circular No. 26/2016/TT-BLĐTBXH issued on September 01, 2016 by the Ministry of Labor, War Invalids and Social Affairs of Vietnam.

According to Circular No. 26/2016/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, the General Director (Director) shall carry out measures for reassignment or training when workers do not qualify or jobs are depleted. To be specific:

- If contract termination is inevitable as job arrangement fails despite all of the enterprise's measures, benefits for workers shall be settled in full as per the legislation on labor.

- If recruitment outpacing or mismatching the plan results in job deprivation and contract termination, General Director (Director), members of the Member’s Council or Chairperson of the enterprise shall be subjected to bonus cut, salary reduction, invalidation or deferment of salary raise according to their assignments and consequences.

Concurrently, the evaluation of responsibilities for execution of labor plans constitutes the assessment of managerial personnel’s completion of missions according to the regulations on the management of office holders in wholly state-owned single-member limited liability enterprises.

View details at Circular No. 26/2016/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, effective from October 15, 2016.

-Thao Uyen-

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