Are annexes to employment contract as effective as the employment contract in Vietnam? Can employment contracts be amended by signing an annex?
- Are annexes to employment contract as effective as the employment contract in Vietnam?
- Vietnam: Can employment contracts be amended by signing an annex to the employment contract?
- How to handle if the annex to an employment contract leads to a different interpretation of the employment contract in Vietnam?
Are annexes to employment contract as effective as the employment contract in Vietnam?
Pursuant to Article 22 of the 2019 Labor Code, it is stipulated as follows:
Annexes to employment contract
1. An annex to an employment contract is an integral part of the employment contract and is as binding as the employment contract.
2. An annex to an employment contract may elaborate or amend certain contents of the employment contract and must not change the duration of the employment contract.
Where an annex to an employment contract elaborates the employment contract in a manner that leads to a different interpretation of the employment contract, the contents of the employment contract shall prevail.
Where an annex amends certain contents of the employment contract, it should clearly states the amendments or additions, and the date on which they take effect.
Accordingly, the contract addendum is as effective as the employment contract.
Also according to this regulation, an annex to an employment contract may elaborate or amend certain contents of the employment contract and must not change the duration of the employment contract.
Where an annex to an employment contract elaborates the employment contract in a manner that leads to a different interpretation of the employment contract, the contents of the employment contract shall prevail.
Where an annex amends certain contents of the employment contract, it should clearly states the amendments or additions, and the date on which they take effect.
Are annexes to employment contract as effective as the employment contract in Vietnam? Can employment contracts be amended by signing an annex?
Vietnam: Can employment contracts be amended by signing an annex to the employment contract?
Pursuant to Article 33 of the 2019 Labor Code, it is stipulated as follows:
Revisions to employment contracts
1. During the performance of an employment contract, any party who wishes to revise the employment contract shall notify the other party of the revisions at least 03 working days in advance.
2. In case where an agreement is reached between the parties, the revisions shall be made by signing an annex to the employment contract or signing a new employment contract.
3. In case the two parties fail to reach an agreement on the revisions, they shall continue to perform the existing employment contract.
Accordingly, In case where an agreement is reached between the parties, the revisions shall be made by signing an annex to the employment contract or signing a new employment contract.
Thus, amending and supplementing the content of the employment contract can be done through the contract appendix without requiring the conclusion of a new employment contract.
At the same time, Article 22 of the 2019 Labor Code stipulates as follows:
Annexes to employment contract
1. An annex to an employment contract is an integral part of the employment contract and is as binding as the employment contract.
2. An annex to an employment contract may elaborate or amend certain contents of the employment contract and must not change the duration of the employment contract.
...
Thus, the employment contract addendum cannot change the duration of the employment contract.
How to handle if the annex to an employment contract leads to a different interpretation of the employment contract in Vietnam?
Pursuant to Article 403 of the 2015 Civil Code, it is stipulated as follows:
Appendices to contracts
1. Appendices providing details on certain terms and conditions of a contract may be attached to the contract. The appendices shall have the same effectiveness as the contract. The contents of the appendices shall not contradict the contents of the contract.
2. If the terms and conditions of the appendices contradict the terms and conditions of the contract, such terms and conditions of the appendices shall be ineffective, unless otherwise agreed. If the parties agree that the terms and conditions of the appendices contradict the terms and conditions of the contract, the terms and conditions of the contract which are contradicted shall be deemed to have been amended.
At the same time, Article 22 of the 2019 Labor Code stipulates as follows:
Annexes to employment contract
...
2. An annex to an employment contract may elaborate or amend certain contents of the employment contract and must not change the duration of the employment contract.
Where an annex to an employment contract elaborates the employment contract in a manner that leads to a different interpretation of the employment contract, the contents of the employment contract shall prevail.
Where an annex amends certain contents of the employment contract, it should clearly states the amendments or additions, and the date on which they take effect.
Thus, where an annex to an employment contract elaborates the employment contract in a manner that leads to a different interpretation of the employment contract, the contents of the employment contract shall prevail..
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