What are regulations on the principles and form of conclusion of an employment contract in Vietnam? What are regulations on the competence to conclude employment contracts in Vietnam?

What are regulations on the principles and form of conclusion of an employment contract in Vietnam?

What are regulations on the principles and form of conclusion of an employment contract? I hope to receive a response to my questions.

Answer: According to the provisions of Article 15 of the Labor Code 2019, the principles for conclusion of an employment contract are regulated as follows:

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.

Answer: According to the provisions of Article 14 of the Labor Code 2019, the forms of employment contract are regulated as follows:

1. 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, except for the case specified in Clause 2 of this Article.

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.

2. 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 this Labor Code.

What are regulations on the principles and form of conclusion of an employment contract in Vietnam? What are regulations on the competence to conclude employment contracts in Vietnam? (Image from the Internet)

The competence to conclude employment contracts in Vietnam

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

Answer: According to the provisions of Article 18 of the Labor Code 2019, the competence to conclude employment contracts is regulated 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:

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.

Best regards.