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Distinguishing Managers and Experts when applying for work permits for foreign workers in Vietnam

According to data from the Ministry of Home Affairs published by Lao Dong Newspaper on May 27 th , 2026, by the end of 2025, Vietnam had 162,858 foreign workers (“ FWs ”) working in the country, coming from approximately 110 countries and territories. Of which: [1] 155,088 people fall within the group required to hold a work permit, and 7,770 people are exempt from work permits. By job position, Technical Workers account for the largest number with 85,951 people, followed by Experts with 44,342 people, Managers with 22,416 people, and Executive Directors with 10,149 people. FWs in Vietnam come from approximately 110 countries and territories. Of these, workers of Chinese nationality account for the highest proportion at 31.1%, followed by the Republic of Korea at 18.5%, Taiwan (China) at 12.9%, and Japan at 9.5%. In the context of increasingly deep international economic integration, the Vietnamese labor market is shifting toward diversifying its human resources, including the in...

ESOP Handbook

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Employee cooperation obligations in internal investigations: The boundary between the enterprise’s management rights and employees’ right to privacy

Internal investigations are an important tool for enterprises to verify signs of violations, protect assets, and maintain workplace order. In this process, enterprises often need employees (“ Employees ”) to provide information, explain matters, or submit documents. Enterprises may also need to inspect devices and accounts used for work.   However, an employer’s rights to manage, direct, and supervise are not absolute. These rights do not mean that Employees must comply with every investigation request. Nor do they automatically allow an enterprise to access every device, account, or item of data used by Employees. Therefore, Employees’ cooperation obligations must be considered within the framework of labor law, privacy rights, and personal data protection laws.   This article analyzes three issues: (i) the basis and scope of the cooperation obligation; (ii) limitations on disciplinary action when an Employee does not cooperate; and (iii) limitations on an enterprise when inspecting...

Procedure for issuance of a certificate of registration of product and management system certification activities: Eligibility conditions, application dossier and implementation process

Legal basis   Law on Standards and Technical Regulations 2006, as amended and supplemented in 2018 and 2025;   Government Decree No. 22/2026/ND-CP dated 16 January 2026 detailing the Law on Standards and Technical Regulations;   Introduction   Product and management system certification is a form of conformity assessment that helps ensure that products, services, processes and management systems comply with applicable standards or technical regulations. Amid increasingly stringent product quality requirements and international integration, a certification body’s full compliance with the applicable operating conditions is not only a legal requirement but also an important factor in building credibility and trust with clients and business partners.   To strengthen state management in this field, Decree No. 22/2026/ND-CP sets out specific conditions, application dossier requirements and procedures for the issuance of Certificates of Registration of Product and Management Sys...

Determining civil or commercial dispute classification for bank loan recovery claims arising from credit contract breaches by household business owners

When a bank files a lawsuit against an individual who is a household business owner to demand debt repayment under a credit contract, determining whether this constitutes a civil dispute or a commercial dispute does not solely depend on the borrower’s status as a “household business owner”. The Court needs to examine the purpose of the loan, the contents of the credit contract, and whether the loan serves business activities for profit-making purposes.     1. Legal status of “household business owners” in dispute relations In practice, an individual may simultaneously hold multiple legal capacities. That person may act as a household business owner in selling goods, providing services, or manufacturing; however, they may also act as an individual borrowing money to serve personal, family, or consumer needs. Therefore, the mere fact that an individual who is a household business owner borrows money from a Bank through a credit contract is insufficient to conclude that all disputes ari...