Do employees in Vietnam have to directly conclude their employment contracts in all circumstances? What are types of employment contracts in Vietnam?

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

According to new regulations in labor sector, what are regulations on competence to conclude employment contracts in Vietnam? Thank you!

Answer:

Pursuant to Article 18 of the Labor Code in 2019 (takes effect from 1/1/2021) stipulating competence to conclude employment contracts in Vietnam 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.

What are types of employment contracts in Vietnam?

According to the Labor Code in 2012, there are 3 types of employment contracts: indefinite-term labor contract, definite-term labor contract, and seasonal labor contract. What are types of employment contracts promulgated in the Labor Code in 2019 in Vietnam?

Answer:

Pursuant to Article 20 of the Labor Code in 2019 stipulating types of employment contracts in Vietnam as follows:

1. An employment contract shall be concluded in one of the following types:

a) An indefinite-term employment contract is a contract in which the two parties neither fix the term nor the time of termination of the contract;

b) A fixed-term employment contract is a contract in which the two parties fix the term of the contract for a duration of up to 36 months from the date of its conclusion.

Previsously, pursuant to Article 20 of the Labor Code in 2019 stipulating as follows:

1. A labor contract must be entered into in one of the following types:

a) Indefinite-term labor contract;

An indefinite-term labor contract is a contract in which the two parties do not determine the duration and the time of termination of the contract.

b) Definite-term labor contract;

A definite-term labor contract is a contract in which the two parties determine the duration and the time of termination of the contract within a period of between 12 months and 36 months.

c) A seasonal or work-specific labor contract that has a duration of under 12 months.

...

As regulations above, the Labor Code in 2019 has annulled the term "A seasonal or work-specific labor contract that has a duration of under 12 months.". Therefore, at the moment, there are only 2 types of employment contracts in Vietnam, which are indefinite-term employment contract and fixed-term employment contract.

From 1/1/2021, the employees can only conclude indefinite-term employment contracts or fixed-term employment contracts.

Do employees in Vietnam have to directly conclude their employment contracts in all circumstances?

I have a question. Do employees in Vietnam have to directly conclude their employment contracts in all circumstances?

Answer:

Pursuant to Clause 1 and 2, Article 18 of the Labor Code in 2019 stipulating competence to conclude employment contracts in Vietnam as follows:

- Employees may directly conclude their employment contracts, except for the cases specified in Clause 2 of this Article.

- 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.

As regulations above, employees in Vietnam don't have to directly conclude their employment contracts in all circumstances. 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.

Best regards!