Is an oral employment contract valid in Vietnam?

According to Articles 16 and 23 of the 2012 Labor Code:

“ Article 16. Forms of Labor Contracts

1. A labor contract must be concluded in writing and made in 02 copies, with the employee keeping 01 copy and the employer keeping 01 copy, except for the case specified in Clause 2 of this Article.

2. For temporary work with a duration of less than 03 months, the parties may conclude a verbal labor contract.

Article 23. Contents of Labor Contracts

1. A labor contract must contain the following principal contents:

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

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

c) Job and workplace;

d) Duration of the labor contract;

đ) Salary, form of payment, payment term, salary allowances, and other additional payments;

e) Promotion and salary increase regimes;

g) Working hours, rest hours;

h) Labor protection equipment for the employee;

i) Social insurance and health insurance;

k) Training, fostering, and skills improvement.”

Thus, in this case, the work you are hired for is temporary and according to legal regulations, it can fully be concluded verbally. Additionally, when the agreement between you and the employer complies with the contents according to Article 23 of the 2012 Labor Code, it is fully determined as an effective labor contract.

Therefore, if one of the parties does not perform properly according to the contract, compensation must be carried out according to the contract and legal regulations. In this case, you have not specified the situation or the violation of the employer. Therefore, we cannot provide specific advice. If you have any further questions about this issue, please contact us for further consultation.

According to Vietnam Law Newspaper

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