Vietnam: What are the latest employment contract forms applied in 2024? What are the required contents in an employment contract?

Main Content

• What are the latest employment contract forms in Vietnam applied in 2024?
• What are the required contents in an employment contract in Vietnam?
• What are the regulations on the competence to conclude employment contracts in Vietnam?

What are the latest employment contract forms in Vietnam applied in 2024?

Under Clause 1, Article 13 of the Labor Code 2019, 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 labor relations.

Accordingly, in Clause 1, Article 20 of the Labor Code 2019, there are the following types of labor contracts:

Types of employment contracts

1. An employment contract shall be concluded in one of the following types:

a) An indefinite-term employment contract is a contract in which the two parties neither fix the term nor the time of termination of the contract;

b) A fixed-term employment contract is a contract in which the two parties fix the term of the contract for a duration of up to 36 months from the date of its conclusion.

Thus, an employment contract in Vietnam shall be concluded in one of the following types:

- An indefinite-term employment contract;

- A fixed-term employment contract.

The latest employment contract forms in Vietnam applied in 2024 are as follows:

(1) Fixed-term employment contract form:

Here

(2) Indefinite-term employment contract form:

Here

(3) In addition, for administrative support officials in public administrative agencies and public service providers:

The employment contract form specified in the Appendix issued together with Circular 5/2023/TT-BNV shall be applied.

Here

What are the required contents in an employment contract in Vietnam?

Under Clause 1, Article 21 of the Labor Code 2019, an employment contract in Vietnam shall have the following major contents:

- The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;

- Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;

- The job and workplace;

- Duration of the employment contract;

- Job- or position-based salary, a form of salary payment, due date for payment of salary, allowances and other additional payments;

- Regimes for promotion and pay rise;

- Working hours, rest periods;

- Personal protective equipment for the employee;

- Social insurance, health insurance and unemployment insurance;

- Basic training and advanced training, occupational skill development.

The preparation of these contents is specifically guided in Chapter II of Circular 10/2020/TT-BLDTBXH.

Also:

- If the employees’ job is directly related to the business secret, technological know-how as prescribed by law, the employer has the rights to sign a written agreement with the employee on the content and duration of the protection of the business secret, technology know-how, and on the benefit and the compensation obligation in case of violation by the employee.

- If the employee works in agriculture, forestry, fishery, or salt production, both parties may exclude some of the aforementioned contents and negotiate additional agreements on settlement in the case when the contract execution is affected by natural disaster, fire or weather.

- The contents of the employment contract with an employee who is recruited to work as the director of a state-invested enterprise shall be stipulated by the Government.

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

Under the provisions of Article 18 of the Labor Code 2019 as follows:

Competence to conclude employment contracts

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:

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

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

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

d) The individual who directly hires the employee.

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

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

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

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

d) 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.

Thus, the competence to conclude employment contracts in Vietnam is determined according to the above-mentioned contents.

Employees may directly conclude their employment contracts, except for the cases of authorization according to Clause 2, Article 18 of the Labor Code 2019.