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Legal advice for foreigners in Vietnam - English speaking lawyers

KIBLAF, founded in 2007, is one of the leading law firms in Vietnam.

Our team consists of English speaking lawyers with many years of practice and experience with a deep understanding of the legal system as well as the business environment in Vietnam. We provide legal advice for foreigners living, studying and working in Vietnam in many different fields such as enterprise, investment, taxation, labor, real estate, marriage, dispute resolution, criminal litigation,

etc. Note: Our advice is based on the information you provide and you are solely responsible for the truthfulness and accuracy of that information. The advice given on this page is for reference only and you should consult a lawyer in person for detailed advice before taking any action. You are not charged a fee, no lawyer-client relationship is established and no obligation is formulated between us and you until there is a service agreement signed or confirmed between the two parties. If you need legal advice on any matter, please feel free to contact us with the following information:

Hotline: +84 888 26 26 44
Email: [email protected]
Website: www.kiblaf.com

29/04/2026

LEGAL PROVISIONS ON THE RIGHTS AND OBLIGATIONS OF PARENTS UPON DIVORCE

After divorce, parents retain the rights and obligations to care for, raise and educate their minor children, and adult children who lack capacity for civil acts or are unable to work and have no property to support themselves, in accordance with the law. The law also provides for the rights and obligations of the non-custodial parent, as well as those of the custodial parent in relation to the non-custodial parent, as follows:

1. Rights and Obligations of the Non-Custodial Parent After Divorce

Article 82 of the Law on Marriage and Family 2014 provides that a parent who does not have direct custody of the child has the following rights and obligations:

a) To respect the child’s right to live with the custodial parent;

b) To provide child support;

c) To have the right and obligation to visit the child, without obstruction by any person.

If the non-custodial parent abuses visitation rights to obstruct or adversely affect the care, upbringing or education of the child, the custodial parent has the right to request the Court to restrict such visitation rights.

2. Rights and Obligations of the Custodial Parent Toward the Non-Custodial Parent After Divorce

Article 84 of the Law on Marriage and Family 2014 provides that the custodial parent has the following rights and obligations:

a) To request that the non-custodial parent fulfill the obligations prescribed in Article 82, and to request that such parent and their family members respect the custodial parent’s right to raise the child;

b) The custodial parent and their family members shall not obstruct the non-custodial parent from visiting or participating in the care, upbringing and education of the child.
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KINH BAC INTERNATIONAL LAW FIRM
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27/04/2026

CARE, CUSTODY, MAINTENANCE AND EDUCATION OF CHILDREN AFTER DIVORCE

The care, custody, maintenance and education of children after divorce are governed by Article 81 of the Law on Marriage and Family 2014 as follows:

(i) After divorce, parents retain the rights and obligations to care for, raise and educate their minor children, and adult children who lack capacity for civil acts or are unable to work and have no property to support themselves, in accordance with the Law on Marriage and Family 2014, the Civil Code 2015 and other relevant laws.

(ii) The spouses shall reach an agreement on the person who will have direct custody of the child and on each party’s rights and obligations toward the child after divorce. If no agreement can be reached, the court shall decide to grant custody to one party based on the best interests of the child. For a child aged 7 or older, the child’s wishes must be taken into consideration.

(iii) A child under 36 months of age shall be placed under the direct custody of the mother, unless the mother does not have sufficient conditions to care for, raise and educate the child, or the parents agree otherwise in the best interests of the child.

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KINH BAC INTERNATIONAL LAW FIRM
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📧 Email: [email protected]
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25/04/2026

PERSONAL AND PROPERTY RELATIONS UPON RETURN OF A SPOUSE WHO IS DECLARED TO BE DEAD

In the event that a Court declares a spouse dead, the time of dissolution of the marriage shall be determined by reference to the date of death stated in the Court’s judgment or decision. However, in practice, there are cases where the Court must issue a decision to revoke such declaration when the person returns. In such cases, personal and property relations shall be settled as follows:

1. Personal Relations

Clause 1, Article 67 of the Law on Marriage and Family 2014 provides that when a court issues a decision to revoke a declaration of death and the spouse of that person has not remarried, the marital relationship shall be restored as from the date of the original marriage. Where a court decision granting a divorce has been issued at the request of one spouse, such decision shall remain legally valid. Where the spouse of the person declared dead has married another person, the subsequent marriage shall remain legally valid.

2. Property Relations

Clause 2, Article 67 of the Law on Marriage and Family 2014 provides that the property relations of the person returning after being declared dead with their spouse shall be settled as follows:

a) Where the marriage is restored, property relations shall be restored from the effective date of the court’s decision revoking the declaration of death. Property acquired by the surviving spouse during the period from the effective date of the court’s decision declaring the spouse dead to the effective date of the decision revoking such declaration shall be the separate property of that spouse;
b) Where the marriage is not restored, property acquired before the effective date of the court’s decision declaring a spouse dead and not yet divided shall be settled in the same manner as property division upon divorce..
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KINH BAC INTERNATIONAL LAW FIRM
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23/04/2026

SETTLEMENT OF MATRIMONIAL PROPERTY IN THE EVENT OF DEATH OR DECLARATION OF DEATH BY THE COURT

Article 66 of the Law on Marriage and Family 2014 stipulates that when a spouse is dead or declared to be dead by a court, the other shall manage common property, unless another person is designated to manage the estate under his/her testament or the heirs agree to designate another person to manage the estate.

Upon request for division of the estate, the common property of the spouses shall be divided equally, unless the spouses have agreed on a different property regime. The portion of property belonging to the deceased or declared-dead spouse shall be distributed in accordance with the law on inheritance. However, the law also provides for restrictions on the distribution of the estate. Specifically, under Clause 3, Article 66 of the Law on Marriage and Family 2014, if the division of the estate would seriously affect the living conditions of the surviving spouse or the family, the surviving spouse has the right to request the Court to restrict such distribution in accordance with the Civil Code 2015.

Furthermore, with respect to matrimonial property used in business activities, pursuant to Clause 4, Article 66 of the Law on Marriage and Family 2014, such property shall be settled in accordance with the above provisions, unless otherwise provided by business laws.

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KINH BAC INTERNATIONAL LAW FIRM
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
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20/04/2026

PRINCIPLES FOR SETTLEMENT OF SPOUSES’ PROPERTY UPON DIVORCE

Article 59 of the Law on Marriage and Family 2014 stipulates the principles for the settlement of property of husband and wife upon divorce as follows:

1. Based on the matrimonial property regime, Clause 1, Article 59 of the Law on Marriage and Family 2014 stipulates the principles for the settlement of property upon divorce as follows:

(i) In cases where the statutory matrimonial property regime applies, the settlement of property shall be agreed upon by the parties; if no agreement is reached, at the request of the husband, the wife, or both, the Court shall decide the division in accordance with Clauses 2, 3, 4, and 5 of this Article and Articles 60, 61, 62, 63, and 64 of the Law on Marriage and Family 2014;

(ii) In cases where the agreed matrimonial property regime applies, the settlement of property upon divorce shall be carried out in accordance with such agreement; if the agreement is insufficient or unclear, the corresponding provisions of Clauses 2, 3, 4, and 5 of this Article and Articles 60, 61, 62, 63, and 64 of the Law on Marriage and Family 2014 shall apply.

2. Based on the types of property, Clauses 3 and 4, Article 59 of the Law on Marriage and Family 2014 stipulate the principles for settlement as follows:

(i) Common property of the husband and wife shall be divided in kind; if it cannot be divided in kind, it shall be divided according to its value. The party receiving the portion of property in kind with a value greater than their respective share must pay the other party the difference in value;

(ii) Separate property of a spouse shall remain under the ownership of that person, except where such separate property has been merged into the common property in accordance with the law. In the event of a merger or commingling of separate property with common property, if a spouse requests a division of property, they shall be reimbursed for the value of their contribution to such combined property, unless otherwise agreed by the spouses.

3. Clause 4, Article 59 of the Law on Marriage and Family 2014 stipulates that common property shall be divided equally, but with due consideration of the following factors:

(i) The circumstances of the family and of the husband and wife;

(ii) The contributions of each spouse to the creation, maintenance, and development of the common property. Housework performed by a spouse within the family shall be deemed equivalent to income-generating labor;

(iii) The protection of the legitimate interests of each party in production, business, and professional activities to enable them to continue working and earning income;

(iv) The fault of each party in violating the rights and obligations of the husband and wife.

5. Clause 5, Article 59 of the Law on Marriage and Family 2014 stipulates that the settlement of property upon divorce must protect the lawful rights and interests of the wife, minor children, and adult children who lack civil act capacity or are unable to work and have no assets to support themselves.
6.
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CÔNG TY LUẬT TNHH KINH BẮC
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

17/04/2026

LEGAL PROVISIONS ON CONSENSUAL DIVORCE AND UNILATERAL DIVORCE

Divorce is the termination of the marital relationship according to a legally effective judgment or decision of the Court. Currently, Vietnamese law provides for two cases of divorce as follows:

1. Divorce by mutual consent

Article 55 of the Law on Marriage and Family 2014 stipulates that in the event both husband and wife jointly request a divorce, a court shall recognize the divorce by mutual consent if it finds that both parties are genuinely willing to divorce and have agreed upon the property division, the care, custody, upbringing, and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall decide the divorce.

2. Divorce at the request of one spouse

When a spouse requests a divorce and the conciliation at a court fails, pursuant to Clause 1, Article 56 of the Law on Marriage and Family 2014, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life unable to continue and the purposes of the marriage cannot be achieved. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.

In the event there is a request for divorce from a parent or other next of kin as prescribed in Clause 2, Article 51, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously affects the life, health or mental well-being of the other.

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CÔNG TY LUẬT TNHH KINH BẮC
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

15/04/2026

LABOR SUB-LEASE CONTRACT

Pursuant to Article 55 of the Labor Code 2019, in the event of labor outsourcing, the labor outsourcing enterprise and the sub-leasing employer must sign a labor sub-lease contract in writing executed in 02 originals with each party to receive one copy. The primary contents of a labor outsourcing contract shall include:

a) Work address, description of the job which requires a sub-leased employee; specific contents of the job, and specific requirements applicable to the sub-leased employee;

b) Term of the labor sub-lease, and date of commencement of work by the sub-leased employee;

c) Working hours, rest breaks, and conditions on occupational safety and hygiene at the workplace;

d) Liability to pay compensation for a labor accident or occupational disease;

e) Obligations of parties owed to the employee.

Furthermore, Clause 3, Article 55 of the Labor Code 2019 stipulates that a labor sub-lease contract must not contain agreements on the rights and interests of the employee which are less favorable than in the labor contract which the labor outsourcing enterprise signed with the employee.

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CÔNG TY LUẬT TNHH KINH BẮC
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

13/04/2026

LEGAL PROVISIONS ON LABOR OUTSOURCING

Pursuant to Article 52 of the Labor Code 2019, labor outsourcing is an arrangement whereby an employee enters into a labor contract with an employer namely a labor outsourcing enterprise is thereafter transferred to work for another employer and is subject to management by such other employer but maintains the labor relationship with the first employer. Labor outsourcing is a conditional business line; accordingly, Clause 1, Article 54 of the Labor Code 2019 stipulates that an outsourcing enterprise must place a deposit and may only operate if it has been granted a Labor Outsourcing Service License, applicable only to certain specific types of work.

Labor outsourcing activities must comply with the principles prescribed in Article 53 of the Labor Code 2019, specifically as follows:

1. The maximum period of any labor sub-lease of an employee is 12 months.

2. The labor sub-lessee may use the outsourced employee/worker in the following cases:

a) To satisfy a temporary, unexpected increase in the need for labor during a specified period;

b) To replace an employee during her period of maternity leave or during the time he or she was subject to a work accident, an occupational disease or having to discharge citizens' obligations;

c) There is a need to employ an employee/s with high technical skills.

3. The labor sub-lessee is not permitted to use an outsourced employee in the following cases:

a) To replace an employee currently exercising the right to strike or resolving a labor dispute;

b) Where there is no agreement on liability to pay compensation for a labor accident or occupational disease of the sub-leased employee with the sub-leasing employer;

c) To replace an employee who is retrenched due to structural or technological changes, for economic reasons or due to a division, separation, consolidation or merger.

4. The labor sub-lessee is not permitted to transfer the sub-leased employee to another employer; and is not permitted to employ sub-leased employees provided by an enterprise without a labor outsourcing licence.
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CÔNG TY LUẬT TNHH KINH BẮC
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

10/04/2026

INVALID LABOR CONTRACTS UNDER THE PROVISIONS OF LAW

A labor contract is an agreement between an employee and an employer on paid work, on wages, on working conditions, and on the rights and obligations of each party to the labor relationship. However, the competent People’s Court shall declare a labor contract invalid if it falls under the cases prescribed in Article 49 of the Labor Code, specifically as follows:

1. Wholly Invalid Labor Contracts

A labor contract shall be wholly invalid in the following cases:

a) The entire content of the labor contract violate the law;

b) A person entering into the labor contract lacks proper authority or breached the principles on entering into labor contracts prescribed in Clause 1, Article 15 of the Labor Code 2019;

c) The occupation for which the labor contract was entered into is work prohibited by law.

When a labor contract is declared wholly invalid, pursuant to Clause 2, Article 51 of the Labor Code 2019, the rights, obligations, and interests of the employee shall be settled in accordance with the law; in case of signing without proper authority, the two parties shall re-sign the contract.

2. Partially Invalid Labor Contracts

A labor contract shall be partially invalid when the content of that specific part violates the law but does not affect the remaining parts of the contract. In such cases, the settlement of the contract shall be conducted pursuant to Clause 1, Article 51 of the Labor Code as follows:

a) The rights, obligations and interests of the two parties shall be resolved in accordance with provisions in the currently applicable collective labor agreement; if there is no collective labor agreement, then such resolution shall be made in accordance with provisions of law;

b) The two parties shall amend or supplement that part of the labor contract declared to be invalid for compliance with the collective labor agreement or the law on labor.

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CÔNG TY LUẬT TNHH KINH BẮC
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

08/04/2026

LEGAL PROVISIONS ON RESPONSIBILITIES UPON TERMINATION OF LABOR CONTRACTS

Pursuant to Clause 1, Article 48 of the Labor Code 2019, the employee and the employer shall be responsible to fully settle all payments related to the rights and interests of each party within 14 working days from the date of termination of the labor contract, and in the following cases this time-limit may be extended but not beyond 30 days:

(i) Where the employer, being an organization, ceases its operations;

(ii) Where the employer undergoes restructuring, technological changes, or due to economic reasons;

(iii) In cases of division, separation, consolidation or merger; sale or lease; conversion of enterprise type; or transfer of ownership or the right to use assets of the enterprise or cooperative;;

(iv) In cases of natural disaster, fire, acts of war, or dangerous epidemics;

In the event that the enterprise or cooperative employing the employee ceases operations, is dissolved, or declared bankrupt, Clause 2, Article 48 of the Labor Code 2019 stipulates that wages, contributions to social insurance, health insurance and unemployment insurance, severance allowances, and other benefits of employees under collective labor agreements and labor contracts shall be given priority for payment.

Furthermore, Clause 3, Article 48 of the Labor Code 2019 supplements the responsibilities of the employer as follows:

(i) To complete procedures for certifying the period of payment of social insurance and unemployment insurance premiums and to return them to the employee at the same time as returning the originals of other documents which the employer retained from the employee;

(ii) To return copies of documents relevant to the the employee’s working period if the employee so requests. The employer is responsible to pay the costs of copying and sending such data.

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CÔNG TY LUẬT TNHH KINH BẮC
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

06/04/2026

STATUTORY JOB LOSS ALLOWANCE

Pursuant to Clause 1, Article 47 of the Labour Code 2019, a job loss allowance shall be paid to any employee who has worked on a regular basis for the employer for a full 12 months or more but loses their employment due to the following reasons:

(i) Changes in structure, technology, or for economic reasons (Article 42 of the Labour Code 2019);

(ii) Division, separation, consolidation, or merger; sale, lease, or conversion of the enterprise type; transfer of ownership or right to use assets of the enterprise or cooperative (Article 43 of the Labour Code 2019).

The job loss allowance shall be calculated based on the employee's period of service, whereby each year of service shall be entitled to 01 month’s salary, provided that the total allowance shall be at least equal to 02 months’ salary.

The length of a working period for calculating the retrenchment allowance means the total working time the employee actually worked for the employer less the period for which the employee participated in unemployment insurance in accordance with the law on unemployment insurance and any working period for which the employer has paid a severance allowance or job loss allowance. Pursuant to Clause 3, Article 47 of the Labour Code 2019, wages for the purpose of calculating the retrenchment allowance for job loss means the average wage pursuant to the labour contract for the 06 consecutive months immediately preceding job loss of the employee.
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CÔNG TY LUẬT TNHH KINH BẮC
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

03/04/2026

SEVERANCE ALLOWANCE UNDER STATUTORY REGULATIONS

Pursuant to Clause 1, Article 46 of the Labour Code 2019, when a labour contract is terminated in accordance with clauses 1, 2, 3, 4, 6, 7, 9 and 10 of Article 34 of the Labour Code 2019, the employer is responsible for paying a severance allowance to any employee who has worked on a regular basis for the employer for a full 12 months or more, and the severance allowance is one half of one month's wage for each year of employment, except where the employee satisfies the conditions for entitlement to a pension in accordance with the provisions of the law on social insurance and cases where the employee unilaterally abandons work without a legitimate reason for 05 or more consecutive working days as stipulated in Point e, Clause 1, Article 36 of the Labour Code.

The length of a working period for calculating the severance allowance means the total working time the employee actually worked for the employer, minus the period for which the employee participated in unemployment insurance in accordance with the law on unemployment insurance and minus the working period for which the employer has already been paid a severance allowance or job loss allowance. Wages for the purpose of calculating the severance allowance means the average wage pursuant to the labour contract for the 6 consecutive months immediately regisnation of the employee (Clause 3, Article 46 of the Labour Code 2019)
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CÔNG TY LUẬT TNHH KINH BẮC
📌Fanpage: https://www.facebook.com/EnglishSpeakingLawyersinVietnam
📧 Email: [email protected]
☎️ Hotline: 0967 859 917

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