Vietnam: Is it necessary to specify the job title of the employee in the employment contract?

"My company is a joint-stock company (including 51% of the charter capital is held by the parent company, and 49% is held by external shareholders). For our company model, is it necessary to specify the job title of the employee in the employment contract or is it only required to specify the job description?" - asked Mr. Dan at the email address nguyendan***@gmail.com

According to Clause 1, Article 23 of the Labor Code 2012:

“1. An employment contract in Vietnam must have the following principal contents:

a/ Name and address of the employer or the lawful representative of the employer;

b/ Full name, date of birth, gender, residence address, identity card number or other lawful documents of the employee;

c/ Job description and workplace;

d/ Term of the employment contract;

e/ Wage, form of wage payment, deadline for wage payment, wage-based allowances and other additional payments;

f/ Regimes for promotion and wage raise;

g/ Working time, rest time;

h/ Labor protection equipment for the employee;

i/ Social insurance and health insurance;

j/ Training, retraining and occupational skill improvement.”

- Regarding the job description and workplace, it is guided in Clause 3, Article 4 of Decree 05/2015/ND-CP as follows:

“3. Job description and workplace are defined as follows:

a) Job description: The details of work that the employee must perform;

b) Workplace of employees: Scope of agreed work and location where the employees work; if the employees work in many different places, the main workplace shall be provided.”

Thus, according to the aforementioned regulations, in the employment contract in Vietnam, it is only necessary to specify the job that the employee must perform without requiring the job title.

Sincerely!

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