In today’s modern workplace, where business interests intersect with human values, sexual harassment is no longer merely an ethical issue. It has evolved into a complex legal challenge that organizations must confront head-on.

Since the 2019 Labor Code officially classified sexual harassment as a prohibited act, Vietnamese businesses have been compelled to adapt, not only by recognizing the issue but also by proactively preventing and lawfully addressing it.

1. Legal framework: No more grey areas

The 2019 Labor Code and Article 85 of Decree No. 145/2020/NĐ-CP clearly mandate that internal labor regulations must include specific provisions on preventing and combating sexual harassment. These provisions must define the behavior, outline complaint-handling procedures, and establish principles for protecting victims and witnesses. Without these elements, the internal regulations cannot be registered with labor authorities.

Based on these internal rules, Article 125 of the Labor Code allows employers to dismiss employees who commit acts of sexual harassment as defined in the company’s regulations. Furthermore, if the misconduct is severe enough, it may be subject to criminal prosecution under the Penal Code.

2. Internal investigations: Respecting legal boundaries

Employers have the right to investigate suspected violations by employees. However, investigations must remain within the scope of the company’s authority, limited to work-issued devices such as computers, official emails, and company property. Accessing personal emails, social media accounts, or private phones without consent is strictly prohibited and may render evidence inadmissible in court.

Investigators must be authorized personnel or legally appointed representatives. Hiring private detectives is forbidden. To enhance the legal validity of evidence, companies are encouraged to document findings through a bailiff’s record.

3. Protecting both sides: Victims and the accused

Employers must remain impartial. Before any official conclusion is reached, the accused must not be stigmatized or subjected to undue pressure. The principle of presumption of innocence must be upheld. Internal investigations must be formally announced in writing, clearly stating the scope, timeline, and the accused’s right to respond.

If the case shows signs of criminal activity, the company must forward the file to the police. During the waiting period, it is essential to follow up with authorities to avoid prolonged uncertainty that could harm both parties.

4. Personal data: Sensitive information requires absolute confidentiality

According to Decree 13/2023/NĐ-CP and the Personal Data Protection Law (effective from 2026), all information related to sexual life, messages, emails, recordings, etc., is considered sensitive data. Businesses may only process such data with the explicit consent of the data subject. Any unauthorized disclosure may result in legal consequences.

5. Learning from global standards

The ILO, EU, and the United States all promote anonymous reporting mechanisms, protection against retaliation, and fair investigative procedures. Vietnam can draw from these international practices to refine its internal policies and align with global norms.

6. A comprehensive approach for businesses

• Update internal labor regulations to include detailed provisions on sexual harassment prevention.
• Establish safe reporting channels such as hotlines, anonymous emails, or secure apps.
• Conduct regular training to raise awareness and equip employees with response skills.
• Ensure data confidentiality, granting access only to authorized personnel.
• Involve trade unions to maintain objectivity and fairness.

Sexual harassment in the workplace is not just an ethical risk, it is a legal responsibility. Mishandling such cases can lead to lawsuits, reputational damage, and even criminal liability. The only viable path forward is for businesses to act proactively, transparently, and in full compliance with the law.