How does the Vietnam Labor Code regulate probation?

 How does the Vietnam Labor Code regulate probation?

Probation is an understanding between a representative and a business on a trial work in a specific timeframe as per the arrangements of regulation. Both the employer and the employee should go through a trial period before signing a labor contract to see if they can work together in the long run. The Labor Code and other relevant guidelines should be followed during the probation. The Labor Code 2019 comes into force as of January first, 2020, various new guidelines as needs be are given in association with the probation, which each organization ought to  review the matter with its labour dispute lawyers in Vietnam for compliance.

This contract does not apply to employment for less than one month, regardless of the circumstances under which it may be entered into. The probationary clause is not required to be included in the labor contract by the 2012 Labor Code. As a result, an employer and employee may negotiate the probation, as well as their respective rights and responsibilities during the probation period. If the parties are in agreement about the probation, they can sign a probation contract. On the off chance that the probation work meets the necessities, the business will finish up a work contract with the representative. It is clear from these provisions that a separate probationary contract between the employer and employee is required.

When the probation period is over and the employee satisfies the employer's recruitment requirements, the labor contract should be signed. As per the most recent arrangements in the Labor Code 2019, the business and the representative might settle on the probation expressed in the work contract or a different trial contract. If the labor contract includes a probationary period, the employer is obligated to continue carrying out the current agreement once the employee has met all of the requirements. In that case, a new labor contract must be signed.

Based on the nature and complexity of the job, the Labor Code decided how long the probation period had to be. For positions requiring a college degree or higher, the probationary period was previously limited to no more than 60 days. Currently, executives can extend their probationary period by up to 180 days. The owner of a sole proprietorship, the partner of a partnership company, the chairperson or member of the Board of Members, the President of a company, the President or member of the Board of Directors, the Director/General Director, or the holder of another managerial position prescribed in the company's charter (applicable to the enterprise without state capital) are examples of executives who play a significant part in the business and operation of the businesses.

The Labor Code 2019 made another change to the cancellation of probationary contracts, removing the restriction on the right to cancel. Consequently, during the probationary period, either party may terminate the labor contract or probationary contract without penalty or prior notice. On the other hand, if the probationary job does not meet the requirements that the employer and employee have agreed upon under the Labor Code 2012, the probation may be terminated.

The primary purpose of probationary periods is to determine whether an employee and employer are compatible at the outset of an employment relationship. To avoid a potential dispute in Vietnam, businesses as employers must have a clear understanding of the principles of entering into a labor contract and a probationary contract.

ANT Lawyers is an international law firm in Vietnam with English speaking lawyers, located in the business centers of Hanoi, Danang and Ho Chi Minh City with international standards, recognized by IFLR1000. We are Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services.

Read More

Real estate dispute lawyers in Vietnam discuss land disputes

 Real estate dispute lawyers in Vietnam discuss land disputes

In Vietnam, land disputes, real estate disputes, and property disputes are among the most complicated disputes that frequently arise in everyday life. Settling these sorts of debates could take time and the land question legal counselor in Vietnam could assist with distinguishing the underlying drivers and propose reasonable methodology for mollification and settlement.

Real estate dispute law firms in Vietnam discuss land disputes

What types of land disputes in Vietnam?

Land, real estate, and property disputes typically involve high stakes and a wide range of topics, including disputes over land use rights, ownership of property tied to land use rights, rights to land use rights derived from inheritance, property division disputes during divorce, disputes over transfer and transformation transactions, leasing, subleasing, and mortgages tied to property or land use rights.

What are land disputes in Vietnam?

A land use right dispute is a disagreement between two or more parties in a land use right relationship regarding the rights and responsibilities of land users.

What should the parties do to resolve a dispute over land? There are two ways in which a land dispute can be resolved: in court or through settlement procedures at state administrative agencies.

Firstly, for some sort of land questions, placation strategy at commune-level People’s Committee of the locality a where the contested land is found is obligatory condition and method.

Specifically, on the off chance that placation by parties can't be accomplished, the gatherings might send a request for pacification to he commune-level People’s Committee of the locality where the contested land is found.

When a petition for resolving a land dispute is received by the commune-level People's Committees, the conciliation process must be completed within 45 days. Only when all of the disputing parties are present can the conciliation take place. On the off chance that any of the questioning gatherings is missing for the subsequent time, the appeasement will be viewed as ineffective.

The following two cases will be used to settle the land dispute in the event that conciliation at a commune-level People's Committee fails:

-The land, first and foremost, debate in which the party has an endorsement or any of the papers recommended in Article 100 of Land regulation and the disagreement regarding resources connected to land will be settled by People’s Court.

Second, in the case of a land dispute in which neither party possesses the aforementioned documents, the parties have a choice between the following two approaches to settlement: recording a composed solicitation for question settlement with a competent People’s Committee or documenting a claim with a competent People’s Court in accordance with the law on civil procedures.

In the second case, the chairperson of the competent People’s Committee is in charge of resolving disputes between households, individuals, and communities when the party chooses to settle at a competent People's Committee. In accordance with the law governing administrative procedures, the parties can either file a claim with the chairperson of the provincial-level People's Committee or sue in a People's Court if they are dissatisfied with the settlement decision.

In the event that one party is an association, a strict establishment, an abroad Vietnamese or an unfamiliar contributed undertaking, the executive of the common level People’s Committee is liable for the settlement. In accordance with the law governing administrative procedures, the parties have the right to file a claim with the Minister of Natural Resources and Environment or a lawsuit with a People's Court if they are dissatisfied with the settlement decision.

It ought to be noticed that the lawfully compelling choice on question settlement should be completely maintained the gatherings. Assuming the gatherings neglect to go along, the choice will be authorized.

The following grounds shall be the basis for the settlement of land disputes in which the disputing parties do not possess a certificate or any of the documents required by the Land Law or the Decree detailing a number of articles of the Land Law:

-The disputing parties' evidence regarding the land's origin and use process;

-Actual land areas that are currently occupied by the parties in addition to the land area that is in dispute and the average land area that is shared by each household in the area;

-Conformity of the disputed land's current use status with land use plans that have been approved by competent state agencies;

-Particular treatment arrangements toward people with worthy administrations to the State; Land use rights recognition, lease, and allocation regulations.

How real estate dispute lawyers in Vietnam could help?

The people of Vietnam do not own  land. Land use rights can only be purchased and sold. As previously stated, the complexity of Vietnam's land law and related regulations, as well as the country's long-standing culture of land use, could complicate disputes involving real estate, land, and property.

A mandatory condition and procedure for some kinds of land disputes is that they must be resolved at the commune-level People's Committee of the locality where the disputed land is located. The parties to other kinds of property and real estate disputes could immediately file a claim with the court. It might be difficult to differentiate between dispute resolution methods. In order to avoid or resolve a dispute, it is recommended to consult a real estate dispute lawyer in Vietnam for early guidance and representation.

Read More