Vietnam continues to refine its labour policies to reflect a growing commitment to employee welfare and fair treatment. Recent developments in Vietnam’s labour laws highlight a clear trend toward the protection of employees, reinforcing obligations for employers and improving enforcement mechanisms. These changes focus not only on permanent staff, but also extend to temporary, outsourced, and part-time workers, signalling a broader approach to inclusive workforce protections.
One defining characteristic of an employee protected by law in Vietnam is the right to equal treatment regardless of contract type. Under the Labour Code, all workers—whether full-time or temporary—are entitled to fair wages, social insurance, workplace safety, and non-discriminatory treatment. Protections against harassment, unfair dismissal, and wage disparities are also increasingly being enforced, particularly following updates in the 2019 Labour Code, which came into effect in 2021.
Vietnamese authorities have also strengthened the framework around dispute resolution, inspections, and penalties for non-compliance, ensuring that rights are not only theoretical but actionable. Employers are now expected to implement clearer internal labour regulations, provide accessible grievance mechanisms, and follow more transparent hiring and termination practices.
For businesses operating in Vietnam, aligning with this trend requires not just legal compliance, but a cultural shift towards prioritising employee wellbeing. Doing so not only reduces legal risk but also contributes to a more engaged, loyal, and productive workforce.
Vietnam has strengthened its framework to support individuals who expose wrongdoing in both the public and private sectors. Although not all employers are legally required to introduce whistleblowing systems, having clear internal mechanisms in place can help build trust, promote transparency, and reduce risk.
Whistleblowing, or denunciation as it is formally called in Vietnam, is governed by a number of legal instruments. These include the Law on Denunciations 2018, the Law on Criminal Procedure 2015, and the Anti-Corruption Law 2018. Each outlines processes and safeguards relevant to whistleblower protection.
The whistleblower protection laws in Vietnam are designed to safeguard individuals who report misconduct or criminal activity. Under the Law on Denunciations 2018, whistleblowers benefit from extensive protections, including confidentiality of their identity and immunity from retaliation. The law ensures that personal information, job security, life, health, property, honour, and dignity are protected.
Meanwhile, the Law on Criminal Procedure 2015 focuses on those involved in criminal whistleblowing. It grants additional protections such as restricting public interaction, changing the whistleblower’s identity with consent, and even assigning protective personnel.
Authorities receiving reports are required to investigate and respond within 30 days, extendable by another 60 days in complex cases.
Importantly, the findings must be made public in accordance with legal requirements. Failure to report a criminal act can result in penalties, including up to three years’ imprisonment, depending on the circumstances.
While the law does not compel most private companies to establish whistleblowing systems, implementing a whistleblower policy in Vietnam can help businesses remain compliant with overarching legal obligations to report misconduct. This is particularly critical for state-owned enterprises and businesses in highly regulated sectors like banking and insurance.
Organisations may receive reports through verbal channels, written submissions, emails, or secure digital platforms. Reports must be accepted and processed in full, as required by law.
Although whistleblowers typically need to provide their name and address, anonymity can still be maintained. Article 56 of both the Law on Denunciations 2018 and the Law on Criminal Procedure 2015 allows individuals to request confidentiality when submitting a report. This protection also extends to the whistleblower’s family.
Adopting internal reporting frameworks in line with Vietnam’s whistleblower protections allows employers to proactively address compliance risks. A transparent culture also reassures employees that ethical concerns will be handled appropriately.
To manage the risks associated with whistleblowing more effectively, companies operating in Vietnam should review their governance policies regularly and ensure they align with current whistleblower protection laws in Vietnam.
As Vietnam modernises its digital economy, the country has taken bold steps to regulate how personal information is handled by organisations. For employers operating in Vietnam, keeping pace with the latest developments in Vietnam’s data protection framework is increasingly critical for compliance, especially as new obligations come into effect in 2026.
On 26 June 2025, the National Assembly passed the Personal Data Protection Law (PDP Law), marking a major leap forward from the existing Decree No. 13/2023/ND-CP. The new PDP Law (also referred to as Law No. 91/2025/QH15) is set to take effect on 1 January 2026 and will provide a more robust and comprehensive legal foundation for safeguarding personal data.
Some of the most notable features of the PDP Law include:
The law also introduces exemptions and transition periods for smaller businesses. Startups and SMEs may be exempt from certain requirements—such as DPIAs and DPO appointments—for five years after the law’s effective date. Microenterprises and household businesses are entirely exempt.
The PDP Law builds on Vietnam’s data protection policies laid out in Decree 13, which had been the primary regulation since mid-2023. The new law consolidates and strengthens these policies, placing greater emphasis on protecting sensitive categories of data such as biometric information and location data.
In practice, this means that companies will need to revisit their internal protocols to ensure proper handling, storage, and processing of employee and customer data. Employers in Vietnam should also be aware that data subject consent is a non-negotiable element of the new framework. Failure to comply may not only result in steep penalties, but also reputational damage.
Given the broad scope of Vietnam’s data protection law, it is important for employers to stay ahead of regulatory updates and ensure that their HR, IT, and compliance teams are equipped to meet upcoming obligations. Working with data privacy professionals familiar with the local legal environment can help businesses minimise risk and avoid costly missteps.
Further updates will become available once the final version of the PDP Law is officially published, but now is the right time to begin reviewing existing policies and setting up systems aligned with the new standards.
Hiring temporary employees is a common way for companies in Vietnam to meet seasonal demand, staff short-term projects, or bring on niche expertise. However, there are still important compliance requirements to consider when managing any temporary worker in Vietnam, especially with respect to fair treatment and contract obligations.
For foreign employees, businesses often rely on a work permit agency in Vietnam to ensure the documentation process is handled efficiently. Agencies typically support employers with securing work permits, registering staff with local authorities, and making sure all labour paperwork complies with Vietnamese law.
Although there is no legal requirement that temporary workers receive the same compensation as permanent staff, businesses must still meet the minimum standards outlined in the Labour Code. The Labour Code of 2019, which came into force in January 2021, requires that all employees—regardless of contract duration—receive written contracts, minimum wage, social insurance, and statutory benefits such as annual leave and overtime pay.
That said, Vietnam temporary worker overtime entitlements are still bound by the same limits as those for permanent workers. For example, overtime cannot exceed 40 hours per month and 200 hours per year, except in special industries where it may be increased to 300 hours annually.
When onboarding a temporary worker in Vietnam, employers should:
While the law does not require identical pay between temporary and permanent roles, aligning compensation and benefits where feasible can reduce attrition and build goodwill. It can also demonstrate your company’s commitment to fair workplace practices. Ensuring that each worker’s terms of employment are clearly documented and compliant with Vietnamese legislation will go a long way in protecting both the business and its workforce.
Employers operating in Vietnam need to be aware of the country’s evolving labour laws, especially when it comes to protecting employees from harassment and unequal treatment. Vietnam has introduced stricter rules in recent years to reinforce employee rights and workplace fairness, including specific provisions targeting discriminatory practices and inappropriate conduct at work.
The Labour Code of Vietnam prohibits any form of discrimination in Vietnam on the basis of race, colour, sex, nationality, social background, ethnicity, age, marital status, pregnancy or maternity status, religion, political views, HIV status, family responsibilities, disability, or trade union membership. These rules apply to both Vietnamese and foreign workers, whether they are directly hired or outsourced.
Employers are responsible for ensuring their workplace policies and practices do not create or perpetuate bias. For example, giving preference in hiring or promotion based on gender or marital status, or offering unequal pay based on nationality, may constitute a breach of the discrimination law in Vietnam.
Employers should formalise equal opportunity statements in internal labour regulations (ILRs) and company handbooks to set clear expectations and accountability across all levels.
In addition to protecting against workplace discrimination in Vietnam, the law also prohibits harassment, including sexual harassment.
This is taken seriously by the authorities and may result in immediate dismissal of the offending employee. The Labour Code allows employers to discipline such offences provided:
Employers should develop clear anti-harassment policies, train staff regularly, and offer confidential reporting channels to encourage a safe working environment.
Violations not only impact workplace morale but may also lead to legal risks, reputational damage, and complications with foreign employee work permits.
Protecting your workforce from discrimination and harassment is not just about compliance—it is about building a productive, respectful, and inclusive company culture.
Employers operating in Vietnam should be mindful of their obligations regarding fair compensation practices. Local legislation places a clear emphasis on gender equality in the workplace, with specific rules about equal pay for equal work. This directive, established in Vietnam’s Labour Code, reflects the government’s commitment to fair employment standards.
The Labour Code explicitly states that men and women performing the same job at the same workplace must be paid equally. This rule on Vietnam’s equal pay is designed to combat longstanding gender disparities and is part of a broader effort to promote workplace equality. But the obligation does not stop at salary. Employers are also required to ensure that men and women receive equal opportunities for promotion, training, and access to social protections.
Gender-based disparities must be actively addressed by the employer. This includes creating inclusive HR policies, conducting periodic pay audits, and maintaining transparency across job descriptions and salary bands. Additionally, employers must guarantee that all staff have equal access to benefits like social insurance, health insurance, and unemployment insurance. These protections support the principle that total compensation is more than just a monthly salary; it encompasses all working conditions and entitlements.
Pay equity is not just a compliance issue. It has strategic value for businesses aiming to build a more inclusive and productive workforce. With growing awareness and scrutiny around diversity and inclusion, upholding Vietnam’s equal pay laws enhances an employer’s reputation while contributing to staff retention and engagement.
Although enforcement may not always be stringent, organisations should treat these rules seriously. Non-compliance may not only result in legal exposure but also reputational damage, particularly for multinational firms operating across borders. Employers are encouraged to routinely review their pay structures and HR policies to ensure they are aligned with the spirit and letter of the Labour Code.
By aligning internal policies with pay equity principles and ensuring fair wages in Vietnam, employers contribute meaningfully to a more equitable and compliant labour environment.
Hiring in Vietnam comes with its own set of legal and compliance requirements. Even minor missteps can lead to financial penalties or disrupt your operations.
CXC helps you stay compliant with Vietnamese labour laws while protecting both your business and your workforce. Our team blends local insights with global employment standards to minimise risk and ensure seamless hiring.
Speak to our team today to simplify your hiring process in Vietnam and beyond.
Employees in Vietnam are protected against discrimination, forced labour, mistreatment and workplace sexual harassment under the Labour Code 2019. The Code also protects rights around pay, working hours, rest, workplace safety, maternity and employee representation.
Vietnam’s definition of labour discrimination is broad. It covers discrimination based on race, skin colour, nationality, ethnicity, gender, age, pregnancy, marital status, religion, political opinion, disability, family responsibilities, HIV status and participation in a trade union or employee organisation.
There is no single employee protection act in Vietnam covering all workplace rights. Employers need to apply the Labour Code together with more specific laws covering areas such as gender equality, personal data and whistleblowing.
Vietnam protects people who make qualifying reports of legal violations from retaliation, threats and other forms of victimisation under the Law on Denunciations 2018.
Vietnam does not have a statute formally called the Whistleblower Act Vietnam. The Law on Denunciations provides the main statutory framework for formal denunciations of legal violations.
Protection can extend beyond keeping the reporter’s identity confidential. Where there is a risk of retaliation, protection measures can cover the person’s employment, position, life, health, property, honour and dignity. Employment-related measures can include requiring an employer to stop the violation and restore the protected person’s job, income and other lawful employment interests.
For employers, an internal whistleblowing policy should therefore distinguish between an ordinary workplace grievance and a report that may fall within Vietnam’s formal denunciation rules. A global speak-up policy should not assume that the same reporting and investigation rules apply in every country.
Vietnam prohibits employment discrimination based on characteristics including gender, age, pregnancy, marital status, nationality, ethnicity, religion, disability, family responsibilities and HIV status. The Labour Code’s protected grounds also include race, skin colour, political opinion and participation in a trade union or employee representative organisation.
These protections apply to employment opportunities, not simply treatment after someone has been hired. Vietnam’s Gender Equality Law also specifically prohibits using different recruitment requirements for men and women who are equally capable of performing the same job, as well as refusing to hire or dismissing someone because of their sex, pregnancy, childbirth or childcare responsibilities.
Vietnam does not have legislation formally called the Equal Employment Opportunity Act. Employers using global equal-opportunity policies should map them against the protected grounds recognised under Vietnamese labour law, rather than simply importing a policy written for another country.
Employers in Vietnam can use technology to manage and monitor employees, but employees must be clearly informed about the measures used and their personal data must be handled under the Personal Data Protection Law 2025. The law took effect on 1 January 2026.
This is now specifically addressed in Vietnamese law. Technology-based collection of employee data must use lawful measures, protect the employee’s rights and be carried out with the employee clearly aware of the monitoring. Data collected through unlawful technological measures cannot be processed or used.
The law also reaches recruitment. Employers should only request applicant information relevant to recruitment, process it lawfully and with the applicant’s consent, and generally delete unsuccessful applicants’ data unless another arrangement or legal requirement applies. Employee data must also generally be deleted when employment ends unless continued retention is agreed or required by law. Where retention is required for employment, tax, insurance, accounting or dispute-resolution purposes, the employer should document that legal basis and retain the data only for the necessary period.
Agency workers supplied under Vietnam’s labour-subleasing system must receive working conditions without discrimination compared with the client’s own employees, and their pay cannot be lower than comparable employees doing the same work or work of equal value.
Labour subleasing is tightly regulated in Vietnam. The worker remains employed by the licensed labour-subleasing company but works under the direction of another business. Assignments are limited to 12 months, and labour subleasing is permitted only for specified jobs.
The client cannot simply treat leased workers as outside its workplace responsibilities. It must inform them of its workplace rules and cannot discriminate against them in working conditions. The labour-subleasing company remains responsible for employer obligations such as salary and statutory employment benefits.
This is different from casually using “agency worker” or “outsourced worker” as interchangeable labels.
Yes. Employers in Vietnam must provide equal pay without gender discrimination to employees performing work of equal value. This requirement is set out directly in Article 90 of the Labour Code.
The protection is not limited to employees with identical job titles. The legal wording refers to work of equal value, which gives employers a broader pay-equity issue to consider when comparing roles.
Vietnam’s Gender Equality Law also prohibits assigning work in a discriminatory way that creates differences in income or paying different wages to men and women with the same qualifications and ability because of gender. For employers reviewing pay, the useful comparison is therefore the value of the work, qualifications and capability, rather than simply checking whether men and women with the exact same title have the same basic salary in Vietnam.
Sexual harassment is prohibited in Vietnamese workplaces, and employers must include procedures for preventing and handling it in their internal labour rules. The rules should address physical, verbal and non-verbal sexual conduct.
Vietnam uses a broad definition of the workplace. It can include the normal office or worksite, business trips, training, work-related social activities, employer-provided transport and accommodation, phone conversations and electronic communications. This means harassment through work-related messages or during a company event can still fall within the workplace rules even when it happens away from the office.
Employers’ internal rules need to cover prohibited conduct, the complaint and investigation process, disciplinary action and protection for the people involved. When a complaint is made, employers must act promptly and protect the privacy, dignity, reputation and safety of the complainant, alleged victim and accused person.
Pregnant employees in Vietnam are protected from dismissal because of pregnancy and receive additional protections around working hours, hazardous work and maternity.
From the seventh month of pregnancy, an employee generally cannot be required to work at night, work overtime or take long-distance business trips. The protection starts from the sixth month for employees working in certain remote, border, island or upland areas.
Where a pregnant employee performs heavy, hazardous or dangerous work, or work that can negatively affect reproductive health, she can be moved to safer duties or have her working day reduced by one hour without losing pay after notifying the employer of the pregnancy. This protection generally continues until the employee’s child reaches 12 months of age.
Employers also cannot dismiss or unilaterally terminate an employee because she is pregnant, on maternity leave or caring for a child under 12 months, subject to limited exceptions involving the employer itself ceasing to exist or operate. The prohibition does not prevent a fixed-term contract from expiring, but a pregnant employee whose contract expires must be given priority when the employer considers entering into a new employment contract.
Employers in Vietnam need local workplace rules that cover discrimination, sexual harassment and disciplinary procedures, while their recruitment, monitoring and employee-data practices must also meet the newer personal-data requirements.
For businesses with 10 or more employees, written internal labour regulations must be registered with the relevant labour authority. Those rules must cover areas including working hours, workplace order, occupational safety, sexual harassment and labour discipline. The regulations must also address protection of the employer’s assets, business and technology secrets, temporary reassignment, and the persons authorised to impose disciplinary measures. They must be registered within 10 days after being issued and generally take effect 15 days after the competent authority receives a complete registration dossier.
The 2026 data rules add another area for HR teams to check. Employee-monitoring technology should not simply be switched on because it is part of a company’s global HR or IT system. Employees need to know about the technological measures being used, and the resulting personal data must be handled lawfully. International employers should therefore check their Vietnam-specific workplace rules and employee notices rather than assuming a regional handbook covers the local requirements.
CXC gives international employers local support in applying Vietnam’s employee protection requirements without relying solely on global HR policies written for other markets. Through our Employer of Record service, CXC can help companies account for local requirements covering employment terms, equal treatment, maternity protections, statutory leave and employee data when employing people in Vietnam.
This is particularly useful as local rules change. Vietnam’s Personal Data Protection Law introduced specific requirements for recruitment data, employee records and technology-based monitoring from January 2026, while workplace rules also need to address Vietnam-specific requirements such as sexual harassment procedures.
CXC has more than 30 years of workforce management experience and supports businesses across 100+ countries. International HR teams can therefore manage their Vietnam workforce as part of a wider programme while still having access to local employment support. Speak to our team to learn more about hiring and managing employees in Vietnam with CXC.
With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.
DISCLAIMER: The information contained on this website is provided for general informational purposes only and should not be construed as legal, tax, or other professional advice on any subject matter. While we endeavor to ensure that the content is accurate and up to date, we make no warranties or representations of any kind regarding the completeness, accuracy, reliability, suitability, or availability of the information contained herein. The content on this site is not intended to be a substitute for professional advice. Users should not act or refrain from acting based on any information on this website without seeking the appropriate legal, tax, or other professional advice tailored to their specific circumstances from qualified professionals. We expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this website. Use of the information on this site does not create an attorney-client, tax advisor-client, or any other professional-client relationship between the user and the website or its authors.
Want to know more about hiring and compliance in Vietnam?
Fill in the form below to get the know how to future proof your contingent workforce program today!
