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> GOVERNANCE - home > Employment protection legislation database - EPLex > Viet Nam

Viet Nam - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Compensation in lieu of reinstatement requested by the employee: severance pay + loss of wages during the absence from work caused by the dismissal + plus at least two months' wages.

2) Compensation in lieu of reinstatement requested by the employer: severance pay + loss of wages during the absence from work caused by the dismissal + plus at least two months' wages + an agreed additional amount of compensation.

3) Compensation, in addition to reinstatement: loss of wages during the absence from work caused by the dismissal + plus at least two months' wages.

Remarks:
  • Art. 41 (1) LC

Reinstatement available: Yes

Remarks:
  • Art. 41 (1) LC: reinstatement is mandatory unless the worker does not want to return to work.

Preliminary mandatory conciliation: No

Remarks:
  • See art. 158, 162- 166 LC.
    Preliminary mandatory conciliation by the Labour Conciliatory Council is prescribed prior the judicial settlement of an individual labour dispute (art. 162- 165 LC) and collective disputes (art. 168-170 LC).
    However, disputes concerning disciplinary dismissal or unilateral termination of the employment contract can be settled directly by the Court without having to go trough the conciliation process. (art. 166 (2) LC).

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • Art. 166 LC

Existing arbitration: No

Remarks:
  • Not applicable to individual labour disputes. However, compulsory arbitration is foreseen for the settlement of collective labour disputes : art. 170-172 LC.

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Compensation in lieu of reinstatement requested by the employee: severance pay + loss of wages during the absence from work caused by the dismissal + plus at least two months' wages.

2) Compensation in lieu of reinstatement requested by the employer: severance pay + loss of wages during the absence from work caused by the dismissal + plus at least two months' wages + an agreed additional amount of compensation.

3) Compensation, in addition to reinstatement: loss of wages during the absence from work caused by the dismissal + plus at least two months' wages.

Remarks:
  • Art. 41 (1) LC

Reinstatement available: Yes

Remarks:
  • Art. 41 (1) LC: reinstatement is mandatory unless the worker does not want to return to work.

Preliminary mandatory conciliation: No

Remarks:
  • See art. 158, 162- 166 LC.
    Preliminary mandatory conciliation by the Labour Conciliatory Council is prescribed prior the judicial settlement of an individual labour dispute (art. 162- 165 LC) and collective disputes (art. 168-170 LC).
    However, disputes concerning disciplinary dismissal or unilateral termination of the employment contract can be settled directly by the Court without having to go trough the conciliation process. (art. 166 (2) LC).

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • Art. 166 LC

Existing arbitration: No

Remarks:
  • Not applicable to individual labour disputes. However, compulsory arbitration is foreseen for the settlement of collective labour disputes : art. 170-172 LC.

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Compensation in lieu of reinstatement requested by the employee: severance pay + loss of wages during the absence from work caused by the dismissal + plus at least two months' wages.

2) Compensation in lieu of reinstatement requested by the employer: severance pay + loss of wages during the absence from work caused by the dismissal + plus at least two months' wages + an agreed additional amount of compensation.

3) Compensation, in addition to reinstatement: loss of wages during the absence from work caused by the dismissal + plus at least two months' wages.

Remarks:
  • Art. 41 (1) LC

Reinstatement available: Yes

Remarks:
  • Art. 41 (1) LC: reinstatement is mandatory unless the worker does not want to return to work.

Preliminary mandatory conciliation: No

Remarks:
  • See art. 158, 162- 166 LC.
    Preliminary mandatory conciliation by the Labour Conciliatory Council is prescribed prior the judicial settlement of an individual labour dispute (art. 162- 165 LC) and collective disputes (art. 168-170 LC).
    However, disputes concerning disciplinary dismissal or unilateral termination of the employment contract can be settled directly by the Court without having to go trough the conciliation process. (art. 166 (2) LC).

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • Art. 166 LC

Existing arbitration: No

Remarks:
  • Not applicable to individual labour disputes. However, compulsory arbitration is foreseen for the settlement of collective labour disputes : art. 170-172 LC.

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Compensation in lieu of reinstatement requested by the employee: severance pay + loss of wages during the absence from work caused by the dismissal + plus at least two months' wages.

2) Compensation in lieu of reinstatement requested by the employer: severance pay + loss of wages during the absence from work caused by the dismissal + plus at least two months' wages + an agreed additional amount of compensation.

3) Compensation, in addition to reinstatement: loss of wages during the absence from work caused by the dismissal + plus at least two months' wages.

Remarks:
  • Art. 41 (1) LC

Reinstatement available: Yes

Remarks:
  • Art. 41 (1) LC: reinstatement is mandatory unless the worker does not want to return to work.

Preliminary mandatory conciliation: No

Remarks:
  • See art. 158, 162- 166 LC.
    Preliminary mandatory conciliation by the Labour Conciliatory Council is prescribed prior the judicial settlement of an individual labour dispute (art. 162- 165 LC) and collective disputes (art. 168-170 LC).
    However, disputes concerning disciplinary dismissal or unilateral termination of the employment contract can be settled directly by the Court without having to go trough the conciliation process. (art. 166 (2) LC).

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • Art. 166 LC

Existing arbitration: No

Remarks:
  • Not applicable to individual labour disputes. However, compulsory arbitration is foreseen for the settlement of collective labour disputes : art. 170-172 LC.