Is current residence information required in employment contracts in Vietnam?
Is current residence information required in employment contracts in Vietnam? Do annexes to employment contract have the same effect as employment contracts in Vietnam?
Hi, I have a problem that needs to be answered. I have entered into a employment contract with Company L, the human resources told me to provide my current residence to write in the contract. My question is, is it necessary to write my current residence information in the employment contract?
Please advise. Thankyou.
1. Is current residence information required in employment contracts in Vietnam?
In Clause 1, Article 21 of the Labor Code 2019, an employment contract shall have the following major contents:
a) The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;
b) Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;
c) The job and workplace;
d) Duration of the employment contract;
dd) Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;
e) Regimes for promotion and pay rise;
g) Working hours, rest periods;
h) Personal protective equipment for the employee;
i) Social insurance, health insurance and unemployment insurance;
k) Basic training and advanced training, occupational skill development.
According to Point b, Clause 1, Article 3 of Circular 10/2020/TT-BLDTBXH stipulating information about name and address of the employer, name and position of the authorized person of the employer to enter into the employment contract:
b) Address of the employer: address stated in the certificate of registration of enterprise, cooperatives, cooperatives union or in the certificate of investment registration or approval for investment policies or establishment decision, for an enterprise, organization, cooperatives, cooperatives union; address stated in the cooperation contract, for an artel; address of the residence of household or individual, for a household or individual; phone number, email address (if any);
Thus, writing the residence information in the employment contract is a must-have content. Company L requires you to provide information about your current residence in accordance with the law in Vietnam.
2. Do annexes to employment contract have the same effect as employment contracts in Vietnam?
Pursuant to Article 22 of the Labor Code 2019 stipulates the annexes to employment contract 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.
Therefore, according to the above provisions, the annexes to employment contract have the same effect as employment contracts in Vietnam.
Best Regards!
