Latest form of annex to employment contract in Vietnam

Regarding this matter, LawNet would like to answer as follows: 

1. Latest form of annex to employment contract in Vietnam 

Latest form of annex to employment contract: Download

2. What is an employment contract?

According to Article 13 of the Labor Code 2019, regulations on employment contracts are as follows:

-  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.

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

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

Regarding the forms of employment contract in Vietnam 

- An employment contract shall be concluded in writing and made into two copies, one of which will be kept by the employee, the other by the employer, unless otherwise prescribed by law.

- Both parties may conclude an oral contract with a term of less than 01 month, except for the cases specified in Clause 2 Article 18, Point a Clause 1 Article 145 and Clause 1 Article 162 of the Labor Code 2019.

Note: An employment contract in the form of electronic data conformable with electronic transaction laws shall have the same value as that of a physical contract.

Principles for conclusion of an employment contract in Vietnam 

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

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

Therefore, the employment contract is an important agreement that serves as the basis for establishing the labor relationship and clearly specifies the rights and obligations of both parties in the remunerated employment. The conclusion of the contract must ensure the principles of voluntary, equality, and compliance with the correct form as prescribed by law.

(Pursuant to Article 14 and Article 15 of the Labor Code 2019)

3. What are annexes to employment contract?

According to Article 22 of the Labor Code 2019, regulations on annexes to employment contract in Vietnam are as follows:

- An annex to an employment contract is an integral part of the employment contract and is as binding as the employment contract.

- 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.

Article 33 of the Labor Code 2019 stipulates that the revisions to employment contracts are carried out as follows:

- 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.

- 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, they shall continue to perform the existing employment contract.

Thus, the annex helps amend or clarify the specific contents of the employment contract during implementation. However, the amended content cannot change the contract term.

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Key word: employment contract | in Vietnam | Vietnam | annex to employment contract | employment contracts |

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