Signing the annex to an employment contract in Vietnam, will the labor contract signed earlier expire?
May I ask: In case the parties sign the annex to an employment contract in Vietnam, will the labor contract previously signed expire? What are regulations on the effect of labor contracts in Vietnam? Please advice.
What are regulations on the effect of labor contracts in Vietnam?
The effect of the labor contract is specified in Article 23 of the Labor Code 2019, specifically:
An employment contract takes effect as of the date on which the contract is concluded by the parties, unless otherwise agreed by both parties or prescribed by law.
Signing the annex to an employment contract in Vietnam, will the labor contract signed earlier expire?
Annex to an employment contract specified in Article 22 of the Labor Code 2019, in particular:
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.
=> Thus, according to the above provisions, when the employee in Vietnam and the employer sign the labor contract appendix, the validity of the labor contract does not automatically terminate, but the validity of the contents agreed in the labor contract appendix has changed. Therefore, the validity of the labor contract only partially expires.
Best Regards!
