Vietnam: Principal contents of the labor supply contract from December 01, 2013

According to Circular No. 22/2013/TT-BLDTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, a labor supply contract must comply with the laws of Vietnam and the host country and has the following principal contents:

- Information on the contractual parties: Information on the contractual parties includes full names and transaction names of the contractual parties; representatives of the parties; business registration addresses or transaction addresses; serial numbers of enterprise registration certificates, enterprise codes, dates of issuance (if any), tax identification numbers, and account numbers; telephone numbers, fax numbers and email addresses; and other relevant information.

- Contents on the conditions for labor supply and receipt: Number of workers to be supplied/received; occupations or jobs to be performed; workplaces; working duration; working conditions and environment; working time and rest time; occupational safety and protection; salaries, wages, other regimes and bonuses (if any); overtime pay; accommodation; health care; insurance; liability to pay expenses for travel from Vietnam to workplace and vice versa; conditions for ahead-of-schedule termination of the labor contract, liability to pay damages and expenses for worker’s return to Vietnam, and other relevant conditions. If the labor supply contract is only the principal contract, the contents provided in this Clause must be specified in the contract annexes.

- The contract must specify the rights and obligations of the contractual parties in selecting and training workers before their departure from Vietnam, carrying out procedures to send and receive Vietnamese guest workers, and settling problems that arise during their work abroad.

- The contract must specify the level of, and liability to pay, brokerage commission (if any), currency of brokerage commission, and payment plan (schedule, time and method of payment).

- Disputes between the Vietnamese enterprise or non-business organization and the foreign party must be settled in accordance with the signed agreement. Disputes not yet mentioned in the contract may be settled pursuant to the law of Vietnam or the host country or treaty to which Vietnam is a contracting party.

- The contract term and conditions for contract extension must be specified in the contract.

- The parties shall agree and specify in the contract cases of ahead-of-schedule termination of contract; order and procedures for contract termination by the parties; responsibilities of the parties after the contract is terminated; and rights of workers who have been sent abroad.

Note:

- The model labor supply contract is provided in Appendix 1 to this Circular.

- In case the host country provides a model labor supply contract which is different from that provided in Appendix 1, the two parties may agree to sign another contract which, however, must have all the contents specified in Article 5 of this Circular.

View full text at Circular No. 22/2013/TT-BLDTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, effective from December 01, 2013.

Thu Ba

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