Must foreign workers working for 2 months in Vietnam make a written contract?

Must foreign workers working for 2 months in Vietnam make written contracts?

Pursuant to Article 14 of the Labor Code 2019 , the form of labor contract is 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.

Thus, according to the current regulations, foreign workers or Vietnamese workers may only sign verbal contracts for contracts of less than 01 month. For contracts of 01 month or more, they must be concluded in writing.

How much is fine for failure to enter into a written contract with a foreign employee under the regulations in Vietnam?

Clause 1 Article 9 of Decree 12/2022/ND-CP regulates the violation of regulations on entering into labor contracts as follows:

1. The following fines shall be imposed upon an employer for commission of one of the following violations: failing to enter into written employment contracts with employees who do jobs with a term of full 01 month or longer; failing to enter into a written employment contract with the authorized representative of the group of employees aged 18 or older to do seasonal works or certain jobs with a term of less than 12 months as prescribed in Clause 2 Article 18 of the Labour Code; failing to enter into the right type of employment contract with employees; entering into employment contracts that do not contain primary information as prescribed by law:

a) A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves 01 - 10 employees;

b) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 11 - 50 employees;

c) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 51 - 100 employees;

d) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves 101 - 300 employees;

dd) A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed if the violation involves 301 employees or more.

In addition, Clause 3 of this Article also provides for remedial measures as follows:

3. Remedial measures

a) The employer is compelled to enter into written employment contracts when failing to enter into written employment contracts with employees who do jobs with a term of full 01 month or longer as specified in Clause 1 of this Article.

b) The employer is compelled to enter into a written employment contract with the authorized representative of the group of employees to do seasonal works or certain jobs with a term of less than 12 months when failing to enter into a written employment contract with the authorized representative of the group of employees aged 18 or older to do seasonal works or certain jobs with a term of less than 12 months as prescribed in Clause 2 Article 18 of the Labour Code as specified in Clause 1 of this Article;

c) The employer is compelled to enter into the right type of employment contract with employees when failing to enter into the right type of employment contract with employees as specified in Clause 1 of this Article;

d) The employer that commits the violation specified in Point a Clause 2 of this Article is compelled to return original copies of personal identity papers, diplomas and certificates to employees;

dd) The employer that commits the violation specified in Point b Clause 2 of this Article is compelled to return the amounts of money or property, that the employer has kept as security, and pay the interest on such amounts, which is calculated at the highest rate of the demand deposit interest rates publicly quoted by state-owned commercial banks on the date of penalty imposition, to employees.

According to this Article, in the case that you mention, if you do not sign a written contract with a foreign employee for 02 months, you will be administratively fined from VND 2 million to VND 25 million in Vietnam. In addition, the violator may be subject to remedial measures by signing a written labor contract with the employee.

Best Regards!