Author:

• Nguyen Thi Huyen Anh – Senior Asociate
• Le Hoang Bao Ngoc – Legal Department

During the course of labor management, enterprises frequently encounter situations requiring the temporary suspension of employees from work to facilitate the verification of disciplinary violations. This is a lawful management right of the employer; however, Vietnamese labor law does not grant absolute rights to the employer in this circumstance. Practice shows that many labor disputes arise not because the enterprise lacks a justifiable reason, but because the enterprise fails to follow proper procedures, exceeds the legal limits, or fails to protect employees’ rights. The consequences may include administrative penalties, compulsion to reinstate the employee, payment of wages and affected benefits to the employee, or prolonged labor disputes.

The following article analyzes the current legal framework governing the temporary suspension of work under the 2019 Labor Code and highlights several considerations to help enterprises apply the law correctly and limit legal risks.

1. Conditions for temporary suspension of work

Under Clause 1, Article 128 of the 2019 Labor Code, the employer may only temporarily suspend work when: (i) The violation incident involves complex circumstances, and (ii) Allowing the employee to continue working would hinder the verification process.

However, the 2019 Labor Code and current guiding documents have not specifically interpreted what constitutes “complex circumstances” or “cause difficulties for the verification process”. Consequently, evaluating these conditions in practice heavily relies on the nature of each case and the perspective of the competent authority, leading to potentially inconsistent application. Therefore, before applying the measure of temporary work suspension, to minimize legal risks, enterprises must carefully evaluate the full nature of the incident and prepare supporting documents clearly demonstrating the grounds for applying the temporary work suspension measure.

2. Procedures for Temporary Work Suspension

Once it is deemed that the employee’s violation meets the two aforementioned conditions, the temporary suspension of the employee’s work must comply with the procedures stipulated in the company’s internal regulations and labor laws.

According to Clause 1, Article 128 of the 2019 Labor Code, before deciding on temporary work suspension, the employer must consult the grassroots-level employee representative organization of which the employee is a member.

To fulfill this requirement, Point c, Clause 2, Article 63 of the 2019 Labor Code and Clause 2, Article 41 of Decree 145/2020/ND-CP stipulate that consultation shall be conducted through workplace dialogue. The dialogue can be carried out via direct discussion or by obtaining written opinions.

It should be noted that the workplace dialogue process must comply with the Grassroots-level Democracy Regulations at the workplace as stipulated in Clause 2, Article 37 of Decree 145/2020/ND-CP. Additionally, in cases where the enterprise has not promulgated the Grassroots-level Democracy Regulations at the workplace or has promulgated them without provisions on obtaining written opinions, the enterprise should not apply the method of written consultation.

3. Time limit for temporary work suspension

According to Clause 2, Article 128 of the 2019 Labor Code, the duration of temporary work suspension must not exceed 15 days, and in special cases, must not exceed 90 days. However, the 2019 Labor Code does not explicitly define a “special case”. In practice, determining a “special case” to apply a temporary suspension period of up to 90 days primarily depends on assessing the nature of each incident. Thus, if planning to apply a temporary suspension period extending up to 90 days, enterprises should be particularly cautious and must possess documentation proving the special nature of the case to reduce the risk of being deemed non-compliant.

4. Employee rights during temporary suspension

Despite the temporary suspension, the enterprise must ensure the rights of the employee, specifically according to Article 128 of the 2019 Labor Code:

• During the temporary work suspension period, the employee is entitled to an advance of 50% of the employee’s wage immediately prior to the suspension. Upon the expiration of the temporary suspension period, the employer must reinstate the employee;
• In the event the employee is subject to labor discipline, the employee is not required to repay the wage advance;
• If the employee is not subject to labor discipline, the employer must pay the full wage for the period of temporary work suspension.

Therefore, when applying the temporary work suspension measure, enterprises must fully fulfill their wage obligations and ensure the rights of the employee in accordance with legal provisions.

5. Legal consequences for not advancing wages

Pursuant to Clause 2, Article 17 of Decree 12/2022/ND-CP, employers who fail to pay or inadequately pay 50% of the wage for employees during the temporary work suspension period may be subject to administrative penalties. The penalty level is determined based on the number of employees whose rights are violated. Specifically, the fine for an individual employer ranges from VND 5,000,000 to VND 50,000,000. For an organizational employer, the fine shall be double the fine applicable to individuals, up to a maximum of VND 100,000,000.

Not merely subject to administrative penalties, the employer is also obligated to remedy the consequences of the violation. Specifically, under Point a, Clause 5, Article 17 of Decree 12/2022/ND-CP, the employer is compelled to pay the full shortfall amount of wages to the employee, while paying an additional interest amount on the delayed wage payment. This interest is calculated at the highest demand deposit interest rate publicly announced by state-owned commercial banks at the time the administrative penalty is imposed.

This reflects the aforementioned regulation demonstrates the law’s protection of employees’ wage rights, especially during the period the employee is suspended and may face income difficulties. Therefore, enterprises must take care to ensure full compliance with of wage advance and payment obligations in accordance with applicable law to minimize legal risks and potential labor disputes.

6. Conclusion

Temporary work suspension is a lawful labor management measure but can only be applied within the scope and conditions permitted by law. Consequently, enterprises must ensure sufficient grounds, adhere to the correct sequence and procedures, and protect the rights of employees to limit legal risks and arising labor disputes. For complex incidents or those without clear legal guidance, enterprises should seek legal advice prior to applying this measure.

Time of writing: June 29, 2026

The article contains general information which is of reference value. In case you want to receive legal opinions on issues you need clarification on, please get in touch with our Lawyer  at  info@cdlaf.vn

You can refer for more information:

• Transferring Employees to Perform Other Works: Key Considerations for Enterprises
• Lawful Labor Discipline: Procedures and Key Notes for Enterprises
• Non-Compete Agreements In Employment Relationships: Are They Enforceable In Vietnam?
• Determining “Serious Damage” in Disciplinary Dismissal
• What Must Social Networks and Online Platforms Do to Comply with the Personal Data Protection Law 2025?