Will incorrectly stating a term lead to the entire employment contract being invalidated in Vietnam?

Will incorrectly stating a term lead to the entire employment contract being invalidated in Vietnam?

According to the law on employment contracts. Is it true that when two parties sign an employment contract, if one provision violates the law, then the entire contract is invalid?

Answer: Pursuant to Article 49 of the 2019 Labor Code stipulates as follows:

1. An employment contract shall be completely invalid in the following cases:

a) The entire contents of the employment contract are illegal;

b) A person concludes the employment contract ultra vires or against the rules for employment contract conclusion specified in Clause 1 Article 15 of this Labor Code;

c) The work described in the employment contract is prohibited by law;

2. An employment contract shall be partially invalid when part of its contents is illegal but does not affect its remaining contents.

Thus, according to the above regulations in Vietnam, not when two parties sign an employment contract, if a certain provision violates the law, the entire contract is invalid, but only if the entire content of the employment contract is invalid. If you violate the law, then it will be completely invalid. The issue you raised is that the employment contract is partially invalid. Therefore, the remaining content is still carried out normally by both sides.

If the employment contract expires for a while, can I re-sign it in Vietnam?

In case the employment contract expires on August 20 but a new contract is signed on September 9. The new employment contract is an indefinite term contract. Is that possible?

Answer: At Point b, Clause 1 and Clause 2, Article 20 of the 2019 Labor Code, it is stipulated:

1. An employment contract shall be concluded in one of the following types:

a) An indefinite-term employment contract is a contract in which the two parties neither fix the term nor the time of termination of the contract;

2. If an employee keeps working when an employment contract mentioned in Point b Clause 1 of this Article expires:

a) Within 30 days from the expiration date of the employment contract, both parties shall conclude a new employment contract. Before such a new employment contract is concluded, the parties’ rights, obligations and interests specified in the old employment contract shall remain effective;

b) If a new employment contract is not concluded after the 30-day period, the existing employment contract mentioned in Point b Clause 1 of this Article shall become an employment contract of indefinite term;

c) The parties may enter into 01 more fixed-term employment contract. If the employee keeps working upon expiration of this second fixed-term employment contract, the third employment contract shall be of indefinite term, except for employment contracts with directors of state-invested enterprises and the cases specified in Clause 1 Article 149, Clause 2 Article 151 and Clause 4 Article 177 of this Labor Code.

Thus, according to the above regulations in Vietnam, if the employee continues to work after the expiration date, an indefinite-term contract will be signed. And if the employment contract is signed today but takes effect from previous days, it is still not against the law.

Because according to the provisions of Article 23 of the 2019 Labor Code, it is stipulated:

Article 23. Effect of employment contract

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.

Thus, there is no mandatory regulation that the date of signing the employment contract is the effective date of the employment contract in Vietnam.

Will incorrectly stating a term lead to the entire employment contract being invalidated in Vietnam? (Image from the Internet)

Is it possible for an employment contract to take effect before the date of signing in Vietnam?

Question: According to the law, is it possible for an employment contract to take effect before the employee and employer sign it?

Answer: In Article 23 of the 2019 Labor Code, it is stipulated:

Article 23. Effect of employment contract

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.

Thus, according to the above regulations in Vietnam, the employment contract is not required to take effect at the time the two parties sign it but can be in place before that time. But this issue must still be agreed upon in the employment contract.

Best regards!