Vietnam: What is the latest job handover minutes sample? What is the structure of the job handover minutes?
What is the latest job handover minutes sample in Vietnam? What is the structure of the job handover minutes?
The latest job handover minutes sample in Vietnam is specified as follows:
Download the latest job handover minutes sample in Vietnam in 2023: Here
Pursuant to the provisions of Article 8 of Decree 30/2020/ND-CP stipulating the document structure applicable to state agencies, organizations, and state-owned enterprises as follows:
Document structure
1. Document structure is a set of components of a document, including main ones required in all documents and additional ones needed in certain cases or in several documents.
2. The structure of an administrative document comprises the following main components:
a) Country’s official name and motto.
b) The issuing entity’s name.
c) Document’s numbers or codes.
d) Name of place and date of issue.
dd) Document type and abstract or summary of document content.
e) Document contents.
g) Title, full name and signature of the competent person.
h) Seal, signature of the entity.
i) Recipient.
3. In addition to those components referred to in clause 2 of this Article, a document can include:
a) Appendices.
b) "Classified” or “Urgent” marks and directions for circulation.
c) Marks indicating the document maker and number of copies to be issued.
d) Entity’s address; email address; web address; telephone number; fax number.
4. The structure of an administrative document shall be subject to regulations laid down in Appendix I hereto.
Accordingly, when writing the job handover minutes, individuals and organizations not under state agencies can refer to the above regulations and can present the format according to the prescribed contents.
Are employees in Vietnam required to make the job handover minutes upon resignation?
Pursuant to the provisions of Article 48 of the Labor Code 2019 as follows:
Responsibilities of the parties upon termination of an employment contract
1. Within 14 working days following the termination of an employment contract, both parties shall settle all payments in respect of the rights and interests of each party. In the following cases, such period may be extended, but shall not exceed 30 days:
a) Shutdown of business operation of the employer that is not a natural person;
b) Changes in the organizational structure, technology or changes due to economic reasons;
c) Full division, partial division, consolidation, merger of the enterprise; sale, lease, conversion of the enterprise; transfer of the right to ownership or right to enjoyment of assets of the enterprise or cooperative;
d) Natural disasters, fire, hostility or major epidemics.
2. Priority shall be given to payment of the employees’ salaries, social insurance, health insurance, unemployment insurance, severance allowance and other benefits under the collective bargaining agreement and employment contracts in case of shutdown, dissolution or bankruptcy of an enterprise or cooperative.
3. The employer has the responsibility to:
a) Complete the procedures for verification of duration of participation in social insurance and unemployment insurance, return them and original copies of the employee’s other documents (if any);
b) Provide copies of the documents relevant to the employee’s work if requested by the employee. The employer shall pay the cost of copying and sending the documents.
According to the above regulations, in the responsibility of the employee when terminating the employment contract, the employee is not required to make the job handover minutes upon resignation.
However, pursuant to the provisions of Clause 2, Article 5 of the Labor Code 2019 as follows:
Rights and obligations of employees
…
2. An employee has the obligations to:
a) implement the employment contract, collective bargaining agreement and other lawful agreements;
c) obey internal labor regulations, the lawful management, administration and supervision by the employer;
c) implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health.
According to the above provisions, since the employee is obliged to implement the employment contract, collective bargaining agreement, and other lawful agreements, if there are provisions in the employment contract, collective bargaining agreement, and other lawful agreements on the job handover upon resignation, the employee must be obliged to perform.
What are the rights of employees in Vietnam?
Pursuant to the provisions of Clause 1, Article 5 of the Labor Code 2019 as follows:
Rights and obligations of employees
1. An employee has the rights to:
a) work; freely choose an occupation, workplace or occupation; participate in basic and advanced occupational training; develop professional skills; suffer no discrimination, forced labor and sexual harassment in the workplace;
b) receive a salary commensurate with his/her occupational skills on the basis of an agreement with the employer; be provided with personal protective equipment and work in an occupationally safe and healthy environment; take statutory sick leaves, annual paid leaves and receive collective welfare benefits;
c) establish, join an representative organization of employees, occupational associations and other organizations in accordance with law; request and participate in dialogues with the employer, implementation of democracy regulations and collective bargaining with the employer; receive consultancy at the workplace to protect his/her legitimate rights and interests; participate in management activities according to the employer’s regulations;
d) refuse to work if he/she finds that the work directly threatens his/her life or health;
dd) unilaterally terminate the employment contract;
e) go on strike;
g) exercise other rights prescribed by law.
Accordingly, employees in Vietnam have the rights specified above.
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