If I work for a competitor company, will I get dismissed in Vietnam?

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Question date: 27/09/2022

I currently work for a car trading company in Vietnam, working 8 hours a day. There are no other agreements between me and the company on working outside of the above time. However, I would like to work for the competitor company in this field after 8 hours. If the company I am working finds out, will I be dismissed?

    • Pursuant to Article 125 of the Labor Code 2019 regulating: Dismissal for disciplinary reasons

      An employer may dismiss an employee for disciplinary reasons in the following circumstances:

      1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;

      2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;

      3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved. A repeated violation means a violation which was disciplined and is repeated before it is absolved in accordance with Article 126 of this Code.

      4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.

      Thus, according to the above provision, it can be seen that you work for the competitor company outside of working hours in Vietnam, and it also does not affect the guarantee of working time to the previous company, moreover, you must pay attention not to disclose business secrets, technological secrets, infringe intellectual property rights of the previous employer and your case will not be subject to dismissal.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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