Essential Information about Contract Appendices

What is a contract appendix?

A contract appendix is a document that details certain clauses or modifies and supplements the contract.

According to Article 24 of the 2012 Labor Code, the labor contract appendix is a part of the labor contract and is effective as the labor contract, detailing certain clauses or modifying and supplementing the contract.

The relationship between the contract appendix and the contract

Since the contract appendix details certain clauses of the contract, the content of the contract appendix must depend on and not contradict the content of the contract. If the contract appendix contains clauses that contradict clauses in the contract, these clauses are not effective unless agreed otherwise. If the parties accept the contract appendix as containing contradictory clauses to those in the contract, it is considered that the clause in the contract has been modified.

In case the contract appendix is invalid, the contract remains effective; however, if the contract is partially or wholly invalid, the contract appendix will also be invalid corresponding to the invalid clauses in the contract.

What is the maximum number of contract appendices that can be signed?

The 2015 Civil Code does not stipulate the maximum number of contract appendices that can be signed; therefore, the number will depend on the specifics of the contract and the will of the parties involved.

However, according to the regulations in Article 5 of Decree 05/2015/ND-CP, specifically for labor contracts, it can only be amended once by the contract appendix, specifically:

“The term of the labor contract can only be amended once by the labor contract appendix and must not change the type of contract agreed upon, except for extending the term of the labor contract with elderly employees and non-specialized union officials as specified in Clause 6 Article 192 of the Labor Code.”

How many types of contract appendices are there?

Based on the concept, contract appendices are divided into two types:

- Type 1: Appendix to the Contract as an addition to the Main Contract and created simultaneously with the Main Contract. This type of appendix usually specifies the implementation of the work, standards, goods, data, phases, dates, etc., according to the Main Contract but in more detail.- Type 2: Appendix to the Contract to supplement or amend certain regulations of a previously established Contract. This type of appendix typically changes the contents of the previously established Contract, such as extending or shortening the contract duration, adjusting or reducing the contract value, amending, or adding certain items of work to be performed, etc.

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