Vietnam: Is it possible to sign a new employment contract in case the existing contract has issues?

Main Content

• What are the methods of employment contract in Vietnam?
• What are the principles for conclusion of an employment contract in Vietnam?
• What are the regulations on competence to conclude employment contracts in Vietnam?
• Is it possible to sign a new employment contract in case the existing contract has issues?

What are the methods of employment contract in Vietnam?

According to the provisions of Article 13 of the Labor Code 2019, employment contract is as follows:

Article 13. Employment contract

1. An employment contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in the labor relations.

A document with a different name is also considered an employment contract if it contains the agreement on the paid job, salary, management and supervision of a party.

2. Before recruiting an employee, the employer shall enter into an employment contract with such employee.

What are the principles for conclusion of an employment contract in Vietnam?

Pursuant to the provisions of Article 15 of the Labor Code 2019 as follows:

Article 15. Principles for conclusion of an employment contract

1. Voluntariness, equality, good faith, cooperation and honesty.

2. Freedom to enter into an employment contract which is not contrary to the law, the collective bargaining agreement and social ethics.

What are the regulations on competence to conclude employment contracts in Vietnam?

According to Article 18 of the Labor Code 2019 on the authority to conclude employment contracts as follows:

1. Employees may directly conclude their employment contracts, except for the cases specified in Clause 2 of this Article.

2. In respect of seasonal works or certain jobs which have a duration of less than 12 months, a group of employees aged 18 or older may authorized the representative of the group to conclude the employment contract, in which case such employment contract shall be effective as if it was separately concluded by each of the employees.

The employment contract concluded by the said representative must be enclosed with a list clearly stating the full names, ages, genders, residences and signatures of all employees concerned.

3. The person who concludes the employment contract on the employer’s side shall be:

- The legal representative of the enterprise or an authorized person as prescribed by law;

- The head of the organization that is a juridical person, or an authorized person as prescribed by law;

- The representative of the household, artels or an organization that is not a juridical person, or an authorized person as prescribed by law;

- The individual who directly hires the employee.

4. The person who concludes the employment contract on the employee’s side shall be:

- The employee himself/herself if he/she is 18 or older;

- The employee aged 15 to under 18 with a written consensus by his/her legal representative;

- The employee aged under 15 and his/her legal representative;

- The employee lawfully authorized by the group of employees to conclude the employment contract.

5. The person who is authorized to conclude the employment contract must not authorize another person to conclude the employment contract.

Is it possible to sign a new employment contract in case the existing contract has issues?

For this question, according to Article 33 of the Labor Code 2019, the revisions to employment contracts are as follows:

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.

For your question, if you detect issues and want to request revisions, you must notify the employer at least 03 working days in advance. 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. In case the two parties fail to reach an agreement on the revisions, the two parties shall continue to perform the existing employment contract.

Here is some information that Lawnet provides to you about the employment contract. Best regards!