What are regulations on annexes to employment contract in Vietnam? Is the annex of employment contract regulating change of workplace of employees valid in Vietnam?

What are regulations on annexes to employment contract in Vietnam?

I'm working in an import-export company. I have a question. What are regulations on annexes to employment contract in Vietnam according to the Labor Code in 2019?

Answer:

Pursuant to Article 22 of the Labor Code in 2019 stipulating annexes to employment contract in Vietnam as follows:

- An annex to an employment contract is an integral part of the employment contract and is as binding as the employment contract.

- 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.

What are regulations on annexes to employment contract in Vietnam? Is the annex of employment contract regulating change of workplace of employees valid in Vietnam? - Image from Internet

Is it permissible to conclude employment by annexes instead of employment contract in Vietnam?

I've been working for my company for 1 year. My contract will end on 21/1. The human resources department said that we only need to make an annex to the employment contract instead of concluding new employment contract. Is it agaisnt the law?

Answer:

Pursuant to Clause 1 Article 22 of the Labor Code in 2019 stipulating as follows:

An annex to an employment contract is an integral part of the employment contract and is as binding as the employment contract.

Pursuant to Clause 2 Article 22 of the Labor Code in 2019, 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.

As regulations above, it is not permissible to change the duration of the employment contract by concluding in the annex of the contract. The human resources of your company is against the law when informing you to extend the employment contract by concluding in the annex.

You shall communicate with the department to carry out the contract conclusion in accordance with the law.

Is the annex of employment contract regulating change of workplace of employees valid in Vietnam?

The workplace is included in the employment contract. If the employer and employee agree on the change of workplace, can they conclude the change in the annex of the employment contract instead of concluding a new contract?

Answer:

Pursuant to Article 22 of the Labor Code in 2019 stipulating as follows:

- An annex to an employment contract is an integral part of the employment contract and is as binding as the employment contract.

- 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.

As regulations above, an annex to an employment contract may amend certain contents of the employment contract. It is not allowed to change the duration of the employment contract in annex. Therefore, the annex of employment contract regulating change of workplace of employees is valid in Vietnam.

Best regards!