What are the main contents of a labor contract in Vietnam? Is there a penalty for missing main content in Vietnam?

What are the main contents of a labor contract in Vietnam?

Pursuant to Clause 1, Article 21 of the Labor Code 2019, a labor contract must contain the following main 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.

Is there a penalty for missing main content in Vietnam?

Pursuant to Clause 1, Article 8 of Decree 28/2020/ND-CP has the following provisions:

1. Imposing fines on employers that commit one of the following violations: Failing to enter into a written labor contract with respect to jobs with a term of full 3 months or more; failing to enter into the right type of labor contract with workers; entering into a labor contract without fully covering the major contents of the labor contract; concluding labor contracts in case of hiring an employee to hold office as a director in an enterprise with State capital not prescribed by law at one of the following rates of fine:

a) A fine ranging from VND 2,000,000 to VND 5,000,000 to be imposed if the violation involves 01 – 10 employees;

b) A fine ranging from VND 5,000,000 to VND 10.000.000 to be imposed if the violation involves 11 – 50 employees;

c) A fine ranging from VND 10,000,000 to VND 15,000,000 to be imposed if the violation involves 51 – 100 employees;

d) A fine ranging from VND 15,000,000 to VND 20,000,000 to be imposed if the violation involves 101 – 300 employees;

d) A fine ranging from VND 20,000,000 to VND 25,000,000 to be imposed if the violation involves 301 or more employees.

According to this Article, the employer who enters into a labor contract that does not fully include the main contents of the labor contract may be sanctioned, the fine level depends on the number of employees signing the contract. The maximum is from 2,000,000 VND, the highest is up to 25,000,000 VND.

In addition, the employer is also required to enter into the correct type of contract with the employee.

Best Regards!