Is it necessary to sign a written labor contract for a job lasted within a month in Vietnam?

Is it necessary to sign a written labor contract for a job lasted less than a month in Vietnam?

Pursuant to Article 14 of the Labor Code in 2019 stipulating forms of employment contract in Vietnam 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.

Pursuant to Clause 2, Article 18; Point a, Clause 1, Article 145 and Clause 1, Article 162 of the same Code stipulating as follows: 

Article 18. Competence to conclude employment contracts

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.

1. When employing a person under 15, the employer shall:

a) Conclude a written contract with the employee and his/her legal representative;

Article 162. Employment contracts with domestic workers

1. The employer shall enter into a written employment contract with the domestic worker.

As regulations above, except for the above cases, when employees work a job lasted less than a month, both parties can make a verbal contract instead of a written one.

In Vietnam, do people working under labor contracts with a term of less than 1 month have to pay social insurance?

Pursuant to Clause 1, Article 2 of the Law on Social Insurance in 2014 stipulating subjects of application of social insurance in Vietnam as follows: 

1. Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:

a/ Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

b/ Persons working under labor contracts with a term of between full 1 month and under 3 months;

c/ Cadres, civil servants and public employees;

d/ Defense workers, public security workers and persons doing other jobs in cipher organizations;

dd/ Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;

e/ Non-commissioned officers and soldiers of the people’s army; non- commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;

g/ Vietnamese guest workers defined in the Law on Vietnamese Guest Workers;

h/ Salaried managers of enterprises and cooperatives;

i/ Part-time staffs in communes, wards and townships.

As regulations above, persons working under labor contracts with a term from 1 month shall be covered by compulsory social insurance. Therefore, it is not compulsory for employees working under labor contracts with a term of less than 1 month to be covered by compulsory social insurance.

Best regards!