Do students working part-time in Vietnam need to sign a labor contract? How are they paid hourly?

Do students working part-time in Vietnam need to sign a labor contract?

According to Article 32 of the Labor Code 2019:

- Employees may agree with employers to work on a part-time basis when entering into labor contracts.

- Part-time employees are entitled to salariess; they have equal rights and obligations as full-time employees; equality of opportunity, no discrimination, occupational safety, and health assurance.

Additionally, Article 13 of the Labor Code 2019 states about labor contracts as follows:

- A labor contract is an agreement between a employee and an employer concerning paid work, salariess, working conditions, rights, and obligations of both parties in the labor relationship.

- If the two parties agree on a different name but the content indicates paid work, salariess, and one party's management, operation, and supervision, it is considered a labor contract.

- Before hiring employees, employers must enter into labor contracts with them.

Employers are required to sign contracts with students working part-time. These students are entitled to salariess, equal rights and obligations as full-time employees; equality of opportunity, no discrimination, occupational safety, and health assurance.

If the employer does not enter into a contract, students should proactively propose to sign a contract to ensure their rights.

Do students working part-time in Vietnam need to sign a labor contract? How are they paid hourly?​ (Image from the Internet)

Are part-time students in Vietnam eligible for social insurance?

Clause 3, Article 32 of the Labor Code 2019 stipulates:

Part-Time Work

...

3. Part-time employees are entitled to salariess; they have equal rights and obligations as full-time employees; equality of opportunity, no discrimination, occupational safety, and health assurance.

Thus, social insurance participation is a right and responsibility of employees, which also applies to part-time students.

According to point b, clause 1, Article 2 of the Social Insurance Law 2014:

Applicable Subjects

1. employees who are Vietnamese citizens and fall under the mandatory social insurance category include:

...

b) employees under labor contracts with terms between 1 month and under 3 months;

Thus, social insurance participation for part-time students depends on their labor contracts.

If students have labor contracts with terms from 1 month or more, they are required to participate in mandatory social insurance.

How are part-time students in Vietnam paid hourly salaries?

Based on Article 91 of the Labor Code 2019 defining the minimum salaries:

Minimum salaries

1. The minimum salaries is the lowest salaries paid to employees performing the simplest jobs in normal working conditions to ensure a minimum standard of living for the employee and their family, in line with socio-economic development conditions.

2. The minimum salaries is established according to regions, defined monthly, hourly.

3. The minimum salaries is adjusted based on the minimum living standard of employees and their families; the correlation between the minimum salaries and market salaries; consumer price index, economic growth rate; labor supply and demand relation; employment and unemployment; labor productivity; enterprise's payability.

4. The Government of Vietnam details this Article; decides and announces the minimum salaries based on the recommendation of the National Salary Council.

The minimum salaries can be considered the lowest amount that an employee can receive for performing the simplest job in normal working conditions.

According to clause 1, Article 3, Decree 74/2024/ND-CP, the monthly minimum salaries and hourly minimum salaries for employees by region are as follows:

Thus, depending on the region, the hourly minimum salaries will vary. However, employers are not allowed to pay part-time students less than the hourly minimum salaries as regulated above.