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  • Vietnam Business Visa Termination Consequences?

    In the context of a foreigner's Business Visa for Vietnam, what are the potential implications and actions an employer can take if they decide to terminate the foreign employee's contract or fire them from their position?



  • #2
    Originally posted by AkasHaedailya View Post
    In the context of a foreigner's Business Visa for Vietnam, what are the potential implications and actions an employer can take if they decide to terminate the foreign employee's contract or fire them from their position?


    When it comes to terminating a foreign employee's contract or firing them from their position in Vietnam under a Business Visa arrangement, there are several potential implications and actions an employer should consider. It's important to note that immigration and labor laws can change, so it's advisable to consult with legal experts or immigration authorities for the most up-to-date information.
    1. Visa and Work Permit Cancellation: If the foreign employee's employment is terminated, their Business Visa and Work Permit (if applicable) might need to be cancelled or adjusted. The employer typically plays a role in initiating these procedures, which may involve notifying the relevant authorities of the employment termination.
    2. Notice Period and Severance: Vietnamese labor law outlines notice periods and severance pay requirements for termination. The terms of notice and severance depend on factors such as the length of employment, the reason for termination, and the labor contract type.
    3. Legal Grounds for Termination: Employers should ensure that the termination is based on valid and legal grounds, such as poor performance, redundancy, breach of contract, or other justifiable reasons. Unjust or unlawful termination can lead to legal disputes and potential penalties.

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    • #3
      [QUOTE=AkasHaedailya;n800846]In the context of a foreigner's Business Visa for Vietnam, what are the potential implications and actions an employer can take if they decide to terminate the foreign employee's contract or fire them from their position?


      In the context of a foreigner's Business Visa for Vietnam, the potential implications and actions an employer can take if they decide to terminate the foreign employee's contract or fire them from their position can vary based on the specific circumstances and the terms of the employment contract. Here are some general points to consider:
      1. Visa Status: Depending on the type of Business Visa the foreign employee holds, their visa status could be affected by termination. Some Business Visas are tied to specific employers, and termination might require the employee to leave the country or apply for a new visa.
      2. Contract Terms: The employment contract should outline the terms and conditions of termination, including notice periods, severance pay, and other relevant details. Employers should follow these terms to ensure compliance with labor laws.
      3. Labor Laws: Employers should be aware of Vietnam's labor laws, which provide protections for both employees and employers. These laws outline procedures for termination https://payplcalculadora.com/argentina/, including grounds for dismissal and required notice periods.
      4. Severance Pay: Depending on the length of employment and the specific circumstances of termination, the employee might be entitled to severance pay. The amount of severance pay is determined by labor laws and the employment contract.
      5. Exit Procedures: Employers should provide the foreign employee with all necessary documents and assistance for their departure from Vietnam, if required by law or the terms of the visa.
      6. Visa Renewal or Change: If the termination results in the employee needing to leave the country or change their visa status, the employer might need to provide assistance in facilitating the necessary procedures.
      7. Compliance: Employers should ensure that the termination process is conducted in accordance with labor laws and the terms of the employment contract. Failure to comply with regulations can lead to legal issues for both parties.
      8. Communication: Open and transparent communication with the employee throughout the termination process is crucial to minimize misunderstandings and potential conflicts.

      It's important for both employers and foreign employees to understand their rights and responsibilities under Vietnamese labor laws and the terms of the employment contract. Seeking legal advice and guidance can help ensure that the termination process is conducted smoothly and in compliance with relevant regulations.
      Last edited by RichardGravener; 08-19-2023, 01:24 AM.

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      • #4
        In situations where local personnel are not yet ready to satisfy business needs, a Vietnamese organization may engage foreign workers to fill positions as managers, executive directors, and specialists. Vietnamese representative offices can also directly hire employees, unlike several other Asian nations.

        In order to prove that a foreign employee is required, the company must publicly notify Vietnamese job searchers that they are hiring for this position in a Vietnamese newspaper or web portal thirty days before hiring the foreign employee. An international employee's work permit application has to provide proof of this notification. Hiring foreign workers through an employment service center controlled by the government is the alternative.
        Last edited by smiletransire; 06-24-2024, 09:20 PM.

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        • #5
          1. Visa Cancellation:
            • The employer must notify the local immigration authority about the termination. The foreign employee's Business Visa may be canceled, and they may need to leave the country within a specified period.
          2. Legal Obligations:
            • Employers must comply with Vietnamese labor laws regarding termination, which may include providing notice or severance pay, depending on the contract terms and the reason for termination.
          ​By carefully considering these implications and actions, employers can manage the termination process effectively while adhering to legal requirements in Vietnam.

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          • #6
            [QUOTE=RichardGravener;n801646]
            Originally posted by AkasHaedailya View Post
            In the context of a foreigner's Business Visa for Vietnam, what are the potential implications and actions an employer can take if they decide to terminate the foreign employee's contract or fire them from their position?


            In the context of a foreigner's Business Visa for Vietnam, the potential implications and actions an employer can take if they decide to terminate the foreign employee's contract or fire them from their position can vary based on the specific circumstances and the terms of the employment contract. Here are some general points to consider:
            1. Visa Status: Depending on the type of Business Visa the foreign employee holds, their visa status could be affected by termination. Some Business Visas are tied to specific employers, and termination might require the employee to leave the country or apply for a new visa.
            2. Contract Terms: The employment contract should outline the terms and conditions of termination, including notice periods, severance pay, and other relevant details. Employers should follow these terms to ensure compliance with labor laws.
            3. Labor Laws: Employers should be aware of Vietnam's labor laws, which provide protections for both employees and employers. These laws outline procedures for termination, including grounds for dismissal and required notice periods.hills of steel
            4. Severance Pay: Depending on the length of employment and the specific circumstances of termination, the employee might be entitled to severance pay. The amount of severance pay is determined by labor laws and the employment contract.
            5. Exit Procedures: Employers should provide the foreign employee with all necessary documents and assistance for their departure from Vietnam, if required by law or the terms of the visa.
            6. Visa Renewal or Change: If the termination results in the employee needing to leave the country or change their visa status, the employer might need to provide assistance in facilitating the necessary procedures.
            7. Compliance: Employers should ensure that the termination process is conducted in accordance with labor laws and the terms of the employment contract. Failure to comply with regulations can lead to legal issues for both parties.
            8. Communication: Open and transparent communication with the employee throughout the termination process is crucial to minimize misunderstandings and potential conflicts.

            It's important for both employers and foreign employees to understand their rights and responsibilities under Vietnamese labor laws and the terms of the employment contract. Seeking legal advice and guidance can help ensure that the termination process is conducted smoothly and in compliance with relevant regulations.
            I've been living in Vietnam for years and yeah, he made a point.
            Last edited by johanson1123; 09-19-2024, 09:47 PM.

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            • #7
              Originally posted by AkasHaedailya View Post
              In the context of a foreigner's Business Visa for Vietnam, what are the potential implications and actions an employer can take if they decide to terminate the foreign employee's contract or fire them from their position?


              Hello,

              As we witness the rapid advancement of AI in various industries, I'm curious about the long-term implications for job security. Will AI create new opportunities that we can't yet envision, or are we heading toward a future where many traditional jobs become obsolete? What skills do you think will be most valuable in this evolving landscape?
              Last edited by thomas642daniel; 10-09-2024, 12:16 AM.

              Comment


              • #8
                Originally posted by AkasHaedailya View Post
                In the context of a foreigner's Business Visa for Vietnam, what are the potential implications and actions an employer can take if they decide to terminate the foreign employee's contract or fire them from their position?


                a foreign employee on a business visa in Vietnam is terminated, the employer may need to report the contract termination to local authorities, which can affect the employee's visa status.

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