Can the annexes to employment contract in Vietnam modify the term of the labor contract?

Can the annexes to employment contract in Vietnam modify the term of the labor contract?

Pursuant to Article 22 of the 2019 Labor Code, the provisions on labor contract appendix are as follows:

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

2. 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.

Thus, according to the current regulations, the labor contract addendum cannot modify the term of the labor contract in Vietnam. Therefore, in case you want to change the term, you need to terminate this contract and make a new contract.

Regulations on amending and supplementing labor contracts in Vietnam

According to Article 33 of the 2019 Labor Code, the order of amending and supplementing the labor contract is as follows:

1. 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.

2. 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.

3. In case the two parties fail to reach an agreement on the revisions, they shall continue to perform the existing employment contract.

Best Regards!