Vietnam: From April 10, 2015, employment service contracts must ensure these contents

On February 25, 2015, the Minister of Labor, War Invalids and Social Affairs of Vietnam issued Circular No. 07/2015/BLĐTBXH providing specific regulations on implementation of several articles of Decree No. 196/2013/NĐ-CP dated November 21, 2013 of Vietnam’s Government on establishment and operation of employment service centers and Decree No. 52/2014/NĐ-CP dated May 23, 2014 of Vietnam’s Government on conditions and procedures for granting employment service provision licenses to employment service enterprises.

noi dung hop dong dich vu viec lam, Thong tu 07/2015/BLĐTBXH

According to Article 3 of Circular No. 07/2015/BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, employment service centers shall sign employment service contracts in accordance with regulations laid down in Clause 1 Article 7 of Decree No. 196/2013/ND-CP of Vietnam’s Government while employment service enterprises shall sign employment service contracts in accordance with regulations laid down in Clause 1 Article 4 of Decree No. 52/2014/NĐ-CP of Vietnam’s Government.

Specifically, an employment service contract is required to consist of the following information: Contact name and address of contracting parties; contract value, payment mode; specific scope of employment services to be rendered (quantity, quality, etc.); contract execution method; rights and obligations of contracting parties as to the rendering of employment services; responsibilities to be assumed due to contract violation; dispute settlement, and other contents (when applicable).

Notably, with regard to employment service contract under which employee recommendation or job supply services are provided, in addition to regulations mentioned above, it is essential to lay down further regulations on responsibility for monitoring the employment status of contracting employees when such employees are executing seasonal employment contracts or piece-work contracts with valid term of less than 12 months. With regard to employment contracts with a valid term of 12 months or more, the employment status of contracting employees must be monitored within a period of 12 months.

View more details at Circular No. 07/2015/BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, effective from April 10, 2015.

Thu Ba

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