Is it necessary to sign a contract when recruiting employees for vocational training in Vietnam?

1. Is it necessary to sign a contract when recruiting employees for training in Vietnam?

Pursuant to Article 61 of the 2019 Labor Code, there are regulations on trainees and apprentices to work for employers as follows:

1. Trainees are employees who are recruited and trained by the employer at the work place in order to work for the employer. The traineeship duration varies according to the level of training as prescribed by the Law on Vocational education.

2. Apprentices are employees who are recruited and instructed to practice doing their work by the employer in order to work for the employer. The maximum duration of apprenticeship is 03 months.

3. An employer who recruits trainees or apprentices in order to employ them is not required to register such training activity, shall not charge fees for such training, and shall sign traineeship or apprenticeship contracts in accordance with the Law on Vocational education.

4. Every trainee and apprentice shall be at least 14 years of age and healthy enough for the traineeship or apprenticeship. Trainees and apprentices of the occupations on the list of laborious, toxic and dangerous occupations or the list of highly laborious, toxic and dangerous occupations promulgated by the Minister of Labor, War Invalids and Social Affairs shall be at least 18 years of age, except for arts and sports.

5. During the traineeship or apprenticeship period, if an apprentice or trainee directly performs or participates in performance of the work, he/she shall be paid a salary at a rate agreed by both parties.

6. Upon the expiry of the apprenticeship or traineeship period, both parties must enter into an employment contract if the conditions stipulated in this Labor Code are satisfied.

Thus, according to the above regulations, when recruiting employees for vocational training, your company must sign a vocational training contract in accordance with the provisions of the Law on Vocational Education in Vietnam.

2. What are the main contents of a occupational training contract between an employer and an employee in Vietnam? 

According to Article 62 of the Labor Code 2019, there are regulations on occupational training contract between an employer and an employee, and occupational training costs as follows:

1. Both parties must enter into an occupational training contract in case the employee is provided with advanced training or retraining at home or abroad funded by the employer or sponsorship from the employer’s partner.

The occupational training contract shall be made into 02 copies, each of which shall be kept by a party.

2. A vocational training contract shall have the following major contents:

a) The occupation in which training is provided;

b) Location, time of training and salary for the training period;

c) The work commitment period after training;

d) The training costs and responsibility for reimbursement thereof;

dd) Responsibilities of the employer;

e) Responsibilities of the employee.

3. Training costs include those specified in valid documents on payments for trainers, training materials, training locations, equipment, practice materials, other supportive expenses for the learner, the salary, social insurance, health insurance and unemployment insurance premiums paid for the learner during the training period. In case the employee receives the training overseas, the training costs also include the travelling and living expenses during the training period.

According to this Article, a occupational training contract between an employer and an employee will have the main contents as prescribed above in Vietnam.

Best Regards!