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Protecting whistleblowers in Vietnam
Vietnam's data protection
Rights of temporary workers in Vietnam
Protecting employees from harassment and discrimination in Vietnam
Vietnam's equal pay rule
Minimise risk with our compliance expertise
Vietnam’s labour law trend toward protection of employees
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.
Protecting whistleblowers in Vietnam
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.
Whistleblower protection laws in Vietnam
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.
Recommended whistleblower policies in Vietnam
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.
Vietnam's data protection
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.
Vietnam’s data protection laws
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:
- Increased penalties: Violations of personal data rules can lead to fines up to 10 times the revenue earned from illegal data trading, or up to 5% of the prior year’s revenue for cross-border data breaches. Other breaches may incur fines of up to 3 billion VND.
- Expanded scope: The law now applies to sectors such as employment, healthcare, finance, advertising, cloud computing, AI, and blockchain.
- New obligations: Organisations must obtain clear consent when processing personal data. Additional compliance measures, such as Data Protection Impact Assessments (DPIAs) and the appointment of Data Protection Officers (DPOs), are now required under many circumstances.
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.
Vietnam’s data protection policies
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.
Rights of temporary workers in Vietnam
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.
Partnering with a work permit agency in Vietnam
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.
Best practices when hiring temporary workers in Vietnam
When onboarding a temporary worker in Vietnam, employers should:
- Prepare dual-language employment contracts (Vietnamese and English if needed).
- Register the worker with the appropriate social insurance and tax bodies.
- Set up payroll systems to handle salary payments and required contributions.
- Clarify working hours, rest breaks, and overtime policies from the outset.
- Stay updated on changes to labour law that might affect contract durations or renewal conditions.
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.
Protecting employees from harassment and discrimination in Vietnam
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.
Anti-discrimination law Vietnam
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.
Protections against harassment in Vietnam
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:
- The ILRs define what constitutes harassment.
- The employer follows due process to establish fault.
- The complaint is raised within six months from the date of the incident.
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.
Vietnam's equal pay rule
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.
Minimise risk with our compliance expertise
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.
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