SKILL.md

name	hr-vietnam-context
description	Vietnam-specific HR guidance covering Labor Code 2019 compliance, Social Insurance (SI/HI/UI) enrollment, PIT registration, work permit and visa management for foreign employees, 2% trade union contributions, and Vietnamese workplace culture. Use when setting up employment contracts, handling labor discipline or termination, calculating statutory leave and severance, or managing teams in Vietnam.
metadata	author version Tuan Duc Tran 1.0.2

HR Vietnam context

Guidance on Vietnam employment law, statutory social insurance, work permit regulations, and cultural practices for managing workforces in Vietnam. Use alongside core HR skills to adapt corporate policies to Vietnamese labor regulations and local norms.

Supported tasks

• Applying the Vietnam Labor Code (Law No. 45/2019/QH14) to local employment relationships
• Managing Social Insurance (SI), Health Insurance (HI), and Unemployment Insurance (UI) enrollment and reporting
• Handling personal income tax (PIT) registration, tax code issuing, and payroll tax compliance
• Securing work permits, work permit exemptions, and Temporary Residence Cards (TRC) for foreign employees
• Drafting definite-term and indefinite-term employment contracts under Vietnamese law
• Executing statutory disciplinary procedures, performance termination, and severance pay calculations
• Managing mandatory trade union fee contributions (2%) and worker representative council engagement
• Administering statutory leave entitlements, including annual leave accrual, maternity/paternity leave, and Tet holidays
• Adapting performance reviews and management communication for Vietnamese workplace culture
• Complying with Vietnam data protection regulations (Decree 13/2023/ND-CP) and cybersecurity requirements

Key prompts

Vietnam Labor Code fundamentals

• "Explain the differences between definite-term and indefinite-term contracts under Vietnam's Labor Code, including maximum renewal limits."
• "What are the statutory probation duration caps and minimum salary rules under the Vietnam Labor Code?"
• "Draft a Vietnam-compliant employment contract for a [full-time / part-time] [role title] with a monthly salary of [amount] VND."
• "Calculate severance pay (trợ cấp thôi việc) and job loss allowance (trợ cấp mất việc làm) obligations under the Vietnam Labor Code."
• "What notice periods are required for employee resignation and employer-initiated termination based on contract type in Vietnam?"

Social insurance, benefits, and leave compliance

• "Create a new-hire compliance checklist for Vietnam covering SI, HI, UI enrollment and tax registration within 30 days of employment."
• "How are Social Insurance (SI), Health Insurance (HI), and Unemployment Insurance (UI) contribution rates and monthly caps calculated for employers and employees in Vietnam?"
• "What are the rules for registering personal income tax (PIT) dependents and Health Insurance coverage in Vietnam?"
• "List all statutory leave entitlements under Vietnam law, including annual leave accrual, maternity and paternity leave, sick leave, and public holidays."
• "How does annual leave accrual increase based on employee seniority under the Vietnam Labor Code?"
• "Outline statutory maternity leave entitlements in Vietnam, including the 6-month leave period, Social Insurance allowances, and daily breastfeeding breaks."
• "Draft a leave policy addendum that aligns [company name] internal leave benefits with the Vietnam Labor Code."

Disciplinary procedures and termination

• "Outline the statutory steps for conducting a labor discipline hearing in Vietnam, including advance notice, trade union attendance, and meeting minutes."
• "What documentation must HR prepare before terminating an employee for failing to complete assigned work under Article 36 of the Vietnam Labor Code?"
• "Draft a labor discipline meeting agenda and minutes template compliant with Vietnamese legal requirements."
• "Compare employer unilateral termination, mutual agreement separation, and contract expiration under Vietnamese law, detailing required notice and payouts."
• "What are the legal grounds for summary dismissal (sa thải) in Vietnam, and what evidence standards apply?"

Work permits and foreign worker management

• "List the required documentation for a foreign worker permit application in Vietnam, including employer and employee responsibilities."
• "What criteria qualify a foreign employee for a work permit exemption in Vietnam, and how is an exemption certificate obtained?"
• "Draft a labor demand explanation letter (giai trinh nhu cau su dung lao dong nuoc ngoai) for hiring a foreign [role title] in the [industry] sector."
• "What are the operational limitations of working under a business visa (DN1/DN2) versus obtaining a work permit and Temporary Residence Card (TRC) in Vietnam?"
• "Create an expat onboarding checklist for foreign staff joining our [city / location] office, covering work permits, PIT tax registration, SI contributions, and relocation."

Trade union and collective labor

• "Explain an employer's obligations regarding trade union formation and the mandatory 2% trade union fee in Vietnam."
• "What mandatory provisions and registration steps are required for a Collective Labor Agreement (Thỏa ước lao động tập thể) in Vietnam?"
• "How should HR structure workplace dialogue and collective bargaining with employee representative organizations under the Vietnam Labor Code?"
• "Draft an employee communication explaining worker rights to join trade unions and participate in workplace dialogue under Vietnamese law."

Cultural norms and local HR practices

• "What key cultural dynamics should foreign managers understand when leading Vietnamese teams, including indirect communication, hierarchy, and Tet traditions?"
• "How can HR coach managers to conduct effective performance reviews with Vietnamese employees who may hesitate to voice disagreement directly?"
• "Draft a 13th-month salary and Tet bonus policy for [company name] that defines eligibility, prorated calculations, and payment timelines."
• "How should a 13th-month bonus be drafted in employment contracts to clarify its discretionary versus contractual nature under Vietnamese law?"
• "Create a management guide for foreign leaders on team motivation, decision-making dynamics, and employee retention strategies in Vietnam."

Tips

• Always formalize employment in writing. Verbal agreements are legally invalid for contract terms of one month or longer. Every employment relationship must be executed via a written or recognized electronic contract on or before the employee's first working day.
• Observe the 30-day statutory enrollment window. Social Insurance (SI), Health Insurance (HI), Unemployment Insurance (UI), and Personal Income Tax (PIT) registrations must be completed within 30 days of contract execution. Late filings result in mandatory back contributions and administrative penalties.
• Follow statutory disciplinary procedures strictly. Labor discipline and unilateral terminations require exact compliance with Article 122 of the Labor Code (5 working days advance written notice, mandatory trade union/worker representative participation, signed minutes, and formal written decision). Procedural errors render terminations illegal regardless of cause.
• Remit the mandatory 2% Trade Union fee. Registered employers in Vietnam must pay a monthly trade union fee equal to 2% of the total payroll used for social insurance. This fee is obligatory whether or not a local trade union chapter has been formed at the company.
• Account for foreign worker pre-approval timelines. Work permit applications require submitting a foreign labor demand explanation (giai trinh nhu cau su dung lao dong nuoc ngoai) and posting local job announcements at least 15 days prior to submission. Plan the full immigration process 60–90 days ahead of the anticipated start date.
• Structure Tet bonus policies and communication clearly. While a 13th-month salary is not strictly mandated by statutory law unless included in contracts or company policy, paying a Tet bonus before Lunar New Year is a crucial cultural norm. Define calculation formulas clearly and pair policy rollouts with indirect-feedback-friendly 1-on-1 manager check-ins.