Vietnam remote work employers: a practical guide

Vietnam remote work employers have no separate remote work law to follow today. They follow the Labor Code, No. 10/2012/QH13, and its guiding decree. That means a staff member who works from home keeps the same rights as one in your office. Your best step is to put the arrangement in writing.

What the law says about remote work

The Labor Code took effect on 1 May 2013. It has no general rules on working from home. Its only article on home-based work, Article 185, lets employees and employers agree to regular home-based work, and it leaves out home-based processing work. The Code also speaks of the "workplace" in the employment contract, and it does not say that this must be your office.

Decree No. 05/2015/ND-CP explains how many Labor Code rules work in practice. It also sets no special rules for remote staff. So the general rules on contracts, pay, hours and safety apply in full.

A new Labor Code, Law No. 45/2019/QH14, was passed in November 2019 and takes effect at the start of next year. Until then, the 2012 Code applies.

A plain reading gives you room to act. You may agree a home or other site as the place of work. But you must still meet every normal duty to the employee, and you must be able to show what was agreed.

Sources: Labor Code No. 10/2012/QH13 of the National Assembly, including Article 185; Law No. 45/2019/QH14 (Labor Code, 2019), passed 20 November 2019; Decree No. 05/2015/ND-CP of the Government guiding several articles of the Labor Code.

Put the deal in the contract

The Labor Code requires a written employment contract for work of three months or more. Each side keeps one copy. A verbal deal on remote work is hard to prove if a dispute starts.

The Code lists what a contract must cover. Among other points, it names the job and the workplace, the term, the pay and how it is paid, the working hours and rest periods, safety equipment for the employee, and social and health insurance.

For a remote worker, write the place of work clearly. You can name the employee's home address. You can also say that the employee may work from other places you approve. Keep the wording short and exact.

If you add remote work to an existing contract, do it in writing. The Code lets the sides change a contract by agreement, and it asks the side that wants a change to give notice first. A signed appendix to the contract is a simple way to record it.

Sources: Labor Code No. 10/2012/QH13, provisions on the form of the employment contract, its types, its content and its amendment.

Working hours and overtime

Normal working time is capped at 8 hours daily, or 48 hours across a week. These limits do not change because someone works at home. Hours can also be counted weekly instead. In that case a day may run to 10 hours, with the week still held to 48.

Overtime has its own limits. It may not exceed half of the normal daily hours, and with weekly hours, normal and overtime hours together may not pass 12 hours a day. Total overtime is also capped at 200 hours across a year and 30 hours across any one month, except in some special cases set by the Government. The employee must agree to overtime, and overtime on a normal day is paid at least 150 percent of the normal rate.

Remote work makes hours harder to see. A worker may reply to messages late at night. Decide what counts as working time, and say so in writing. If you ask for work outside the agreed hours, treat it as overtime and pay for it under the Code.

Sources: Labor Code No. 10/2012/QH13, Articles 97, 104 and 106 on overtime pay, normal working hours and overtime.

Equipment, costs and safety

The Labor Code lists safety equipment for the employee among the points a contract must cover. It does not name laptops, phones or internet fees. So these costs are a matter for your agreement.

Decide the points before work starts. Say who supplies the laptop and who pays for internet and phone use. If you lend equipment, list each item and say that it stays company property. Say how the employee returns it when the job ends.

Safety duties remain with the employer. The Code requires employers to provide safe and healthy working conditions. A home is harder to inspect than an office, so give clear written guidance on a safe workspace and tell staff how to report an accident.

This section is general information, not medical advice or legal advice.

Sources: Labor Code No. 10/2012/QH13, provisions on the content of the employment contract and on labor safety and hygiene.

A simple remote work checklist

Use a short checklist before you let anyone work remotely.

• Name the place or places of work in the contract or an appendix.
• State the daily and weekly hours, and the rest periods.
• Say how you will treat work outside those hours.
• List the equipment you supply and the costs you pay.
• Keep pay, insurance and leave the same as for office staff.
• Explain how you will report on work, and how often.
• Give written safety guidance and a way to report accidents.

Keep signed copies and a simple record of hours. If a dispute comes up, these papers show what each side agreed.

Rules can change, and your case may have facts that differ from the general picture here. Ask a Vietnamese labor lawyer before you set up a large remote team.

Sources: Labor Code No. 10/2012/QH13 of the National Assembly; Decree No. 05/2015/ND-CP of the Government.