Photo of Pham Tri Trung

Tri Trung Pham

Special Counsel
Baker & McKenzie (Vietnam) Ltd Hanoi Branch

Biography

Trung started his career in 2000 as an adviser on foreign investment in Vietnam. His expertise covers a broad range of practices, including corporate, foreign direct investment, labor and employment.

Since joining Baker McKenzie, Trung has specialized in labor and employment law. He has been extensively involved in numerous areas, including employment, labor, compensation and immigration.

Trung has vast experience working on equity award plans for employees. He is the main contact point for Baker McKenzie in Vietnam on this matter.

Trung has also been involved in various development projects sponsored by foreign NGOs and international organizations, which means he has extensive knowledge and insight in both the private and public sectors, as well as regulatory and development issues.

Practice Focus

Regarding employment, labor and immigration law practice, Trung regularly advises foreign-invested companies, branches and representative offices operating in Vietnam on all types of labor and employment matters. These matters include recruitment and labor contracts, salaries and benefits, working and rest time, trade unions, compulsory insurance, disciplinary issues and compliance, termination, dismissal, retrenchment, labor dispute negotiation and settlement, employee mobility, and visa and work permit matters.

Representative Legal Matters

  • Coordinated a very comprehensive analysis and questionnaire on labor and employment matters for a very big high-tech company in the US.
  • Advised the Vietnamese subsidiary of a North American software company on the termination of a representative office director following gross-misconduct allegations, and strategy around this, and represented the client during negotiations, which resulted in a mutual agreement on termination.
  • Advised the Vietnamese subsidiary of a European manufacturing company on the termination of an administrative manager, due to performance and communication concerns.
  • Assisted the local subsidiaries of a multinational corporation in the footwear, apparel and athletic equipment industry in various employment issues, including: (i) establishing and standardizing various employment and HR documents and policies; (ii) providing extensive advice in labor, health and safety standards, trade union establishment, extended overtime caps and other employment issues; (iii) assisting the client in communication with trade unions and labor authority in employment filings; and (iv) advising on measures to be taken in light of the impact of COVID-19 on their workforce and sourcing factories.
  • Advised a software and wireless technology corporation in the US on the process of employee transfer from its two representative offices to its newly established local subsidiary.
  • Assisted a multinational software corporation throughout its restructuring process in Vietnam, and advised it on communication/negotiation with the employees for mutual termination. 
  • Assisted various leading multinational corporations in registering the implementation of their stock award plans with the State Bank of Vietnam (SBV) in accordance with new registration procedures set out under Circular No. 10/2016/TT-NHNN.  
  • Advised a children's clothing and accessories retailer on the termination of a quality assurance officer in Vietnam due to the employee's defensive attitude.

Professional Honors

  • Award certificate from the prime minister for Contribution to the Administrative Reform

Professional Associations and Memberships

  • Hanoi Bar Association
  • Vietnam Lawyers Association
  • Human Resources Association
  • Consultant Group for the Employer Bureau - VCCI on Labor Code Revisions
  • HR Committee of Vietnam Business Forum

Admissions

  • Vietnam (2008)

Education

  • Hanoi National University (BA Foreign Language) (1999)
  • Hanoi University of Law, Vietnam (BA Law) (1999)

Languages

  • English
  • Vietnamese
  • Contributor, "Labor, Employment and Training chapter," EuroCham Whitebook, 2012-2013
  • Author, "Work permit pains continue to plague foreign employees," VIR, 30 June-6 July 2014