Lawyer
Trần Việt Tùng
Managing Partner
Civil & Corporate
10 years of experience
Industries
International recruiters, search firms, HR outsourcing and staffing providers
International recruitment and staffing businesses can enter the Vietnamese market through several operating models. A search firm that introduces a candidate to a client does not perform the same function as a business employing workers who are deployed to a client's workplace. A managed-services provider may take responsibility for an entire workstream rather than supplying named individuals. These distinctions affect contracts, employment responsibilities and regulatory treatment. Justix helps companies assess the operational arrangement before standard service agreements are rolled out.
A legal review should establish who recruits workers, signs their employment contracts, pays wages, supervises day-to-day tasks, handles disciplinary matters and bears workplace obligations. A contract marketed as “outsourcing” may require closer examination if the customer in fact directs the assigned workers. A recruitment-only model raises a different set of issues, including the scope of employment-service activities and the relationship between recruiter, candidate and hiring company.
Justix can review the proposed service model, operational documents and commercial terms to identify gaps between the written agreement and the way the work is actually managed. For foreign providers supporting Vietnamese factories or regional employers, this review can also identify which obligations belong to the local entity and which remain with the overseas group.
Executive-search and placement contracts need a precise fee trigger. Does a fee arise upon candidate acceptance, execution of an employment contract or the first day of work? What happens if a candidate is hired by an affiliate, introduced to another role or joins the client months after the search closes? Replacement guarantees should identify their duration, the circumstances covered and the replacement process.
For personnel-service contracts, the commercial documents should also address changes in headcount, substitution rights, acceptance of services, early termination, payment and responsibility when a worker causes a loss. Justix can prepare these contracts and review the evidence when a client disputes an invoice. Candidate referrals, interview notes, acceptance emails, purchase orders and invoicing records often become central to fee-recovery claims.
Recruiters routinely handle CVs, career histories, assessments and contact details. Sharing these records with multiple prospective employers or an overseas group company requires a defined purpose, appropriate notices or other lawful processing arrangements and control over access and retention. Justix can review the privacy documentation, customer contracts and data-sharing terms applicable to the recruitment workflow.
Engagements may cover a single disputed placement, a standard recruitment master agreement, a staffing-model review or the employment and data documents of a growing provider. Justix can deliver contract revisions, a responsibilities matrix, internal policies and claims correspondence. Matters involving specialist labor-supply conditions are assessed against the actual model and applicable sector rules before an operating recommendation is made.
The following issues arise in this sector. Legal responsibilities and remedies depend on the contract, evidence, transaction and applicable law.
The client may exercise direct control over personnel notwithstanding an outsourcing agreement.
Trigger events, candidate introductions and replacement periods are not sufficiently documented.
Hiring, payroll, supervision, discipline and workplace safety may be allocated inconsistently.
Resumes and assessments may be shared with domestic and offshore clients without adequate controls.
Clients may engage candidates after the search or terminate a headcount project and withhold fees.
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Lawyer
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Civil & Corporate
10 years of experience
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Potentially. The relationship depends on who employs, supervises and directs workers, along with the precise service model.
It should be reviewed for Vietnamese labor arrangements, data sharing, contract enforceability and fee triggers.
Examine the contract protection period, introduction records and evidence connecting the placement to the recruitment work.
The information and legal basis depend on purposes, sharing recipients and data flows, including cross-border transfer where relevant.
Liability turns on actual employment and supervision, contractual terms, cause of loss and applicable law.
An engagement can cover service classification, worker arrangements, responsibility allocation and required contracts.
A defined contract review, legal opinion, negotiation or dispute may be accepted as a standalone engagement, with documents and deliverables agreed before work begins.
An engagement may specify work categories, a legal contact, reporting, response arrangements and fees. Litigation or specialist work outside scope is addressed separately.
Fees depend on complexity, documents, urgency, scope and representation. A written proposal should identify assumptions, deliverables and excluded work.
The engagement should identify responsible personnel, professional review, access to records and confidentiality terms, including any agreed specialist participation.
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