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What Are Contents of Labor Contracts in Vietnam?

A labor contract is an important legal basis that governs the relationship between employers and employees in Vietnam. It not only ensures the rights and obligations of both parties but also complies with current labor laws.

Creating a clear and detailed labor contract helps minimize disputes and protect the legal rights of both the employee and the employer. This article will explore the key content that should be included in a labor contract in Vietnam.

Content of a Labor Contract

The labor contract must include the following key contents:

a) The name and address of the employer and the full name and title of the person signing the labor contract on behalf of the employer;

b) The full name, date of birth, gender, place of residence, Citizen Identification Card number, Identity Card, or passport of the person signing the labor contract on behalf of the employee;

c) The job and the workplace;

d) The term of the labor contract;

e) The salary based on the job or title, the form of salary payment, salary payment term, salary allowances, and other supplementary payments;

f) The system for promotion and salary increase;

g) Working hours and rest periods;

h) Provision of labor protection equipment for the employee;

i) Social insurance, health insurance, and unemployment insurance;

j) Training, refresher courses, and skills development.

If the employee’s work involves business secrets or technological secrets as defined by law, the employer may negotiate in writing with the employee about the content, duration of protecting business secrets, protecting technological secrets, rights, and compensation in case of violations.

For employees working in agriculture, forestry, fisheries, and salt production, depending on the type of work, both parties may reduce some of the essential elements of the labor contract and agree on additional provisions for resolving issues arising from natural disasters, fires, or weather conditions.

The labor contract takes effect from the date both parties sign it, unless otherwise agreed upon or stipulated by law.

Appendix to the Labor Contract

The appendix to the labor contract is part of the labor contract and is effective as a labor contract. The appendix specifies, amends, or supplements certain terms or clauses of the labor contract but does not alter the duration of the labor contract.

If the appendix specifies certain terms or clauses of the labor contract that lead to a different interpretation than the original contract, the labor contract content will prevail.

If the appendix amends or supplements certain terms or clauses of the labor contract, it must clearly state the amended or supplemented clauses and the effective date.

In general, a labor contract in Vietnam is not only a legal document that protects the rights of both parties but also an important tool for managing and overseeing labor relations. Understanding and complying with the regulations regarding the content of labor contracts will help businesses maintain effective operations and protect the legal rights of employees.

Therefore, signing a labor contract should be done carefully and accurately, ensuring compliance with the legal provisions of Vietnamese law.

ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].

ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.

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