TY - JOUR AU - Hang Trinh AU - Huy Nguyen PY - 2022/10/15 Y2 - 2024/03/29 TI - Non-compete agreement in employment relationship by regulations of some countries and recommendations for Vietnam JF - Science & Technology Development Journal: Economics- Law & Management JA - STDJELM VL - 6 IS - 3 SE - Review DO - https://doi.org/10.32508/stdjelm.v6i3.1003 UR - http://stdjelm.scienceandtechnology.com.vn/index.php/stdjelm/article/view/1003 AB - In employment relationships, non-compete agreements limit the employee’s ability to use the resources from the current employer to benefit future employers. While it protects the interests of employers, it may infringe upon the rights of employees. Many countries have recognized and strictly regulated non-compete agreements, especially the provisions of the conditions in which the non-compete agreements become legal and enforceable. In Vietnam, even though there is no legal document that recognizes the legitimacy of non-compete agreements, they are widely applied in practice. This creates a loophole for the exploitation of the agreements that undermine employees' rights. In addition, lack of legal provisions on non-compete agreements in labor laws also creates confusions and difficulties in distinguishing non-compete agreements from other types of agreements, or setting the required scope and conditions for legally enforceable non-compete agreements, or choosing the law governing these agreements. Based on the experiences of some countries in the world, the article analyzes and comments on the current situation and inadequacy in the provisions of labor law on non-compete agreements in Vietnam. The article also makes some proposals and recommendations to improve the labor law on non-compete agreements to balance the interests between employees and employers. ER -