Is it possible for employers to amend employment contracts in Vietnam?

Is it possible for employers to amend employment contracts in Vietnam?

Pursuant to Article 33 of the Labor Code 2019, there are provisions on amendments and supplements to the labor contract 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.

Thus, in case the employer wants to modify the labor contract, it must notify the employee in advance. The amendment of the labor contract must be agreed by the parties in Vietnam. Therefore, in this case, you have the right not to sign the amended labor contract, and you are entitled to continue to perform the signed labor contract. 

What must the labor contract have in Vietnam?

According to Clause 1, Article 21 of this Code, the labor contract must contain the following principal contents:

1. 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.

Best Regards!