Prohibited acts for employers in Vietnam when concluding and executing labor contracts in Vietnam

Prohibited acts for employers in Vietnam when concluding and executing labor contracts in Vietnam​ (Image from the Internet)

1. Prohibited acts for employers in Vietnam when concluding and executing labor contracts in Vietnam​

According to Article 17 of the Labor Code 2019, the prohibited acts for employers when concluding and implementing labor contracts include:

- Retaining the original copies of personal identification documents, diplomas, or certificates of the employee.

- Requiring the employee to provide monetary or other asset guarantees for the performance of the labor contract.

- Compelling the employee to execute the labor contract to repay a debt to the employer.

2. Authority to conclude a labor contract in Vietnam

According to Article 18 of the Labor Code 2019, the authority to conclude a labor contract is stipulated as follows:

- Employees personally conclude labor contracts, except as specified in Clause 2, Article 18 of the Labor Code 2019.

- For seasonal work or specific tasks with a duration of less than 12 months, a group of employees aged 18 and over may authorize one employee among them to conclude a labor contract; in this case, the labor contract must be concluded in writing and is as valid as if concluded with each individual employee.

The labor contract signed by the authorized person must include a list specifying the full name, date of birth, gender, place of residence, and signature of each employee.

- The person concluding the labor contract on the employer's side must be one of the following:

+ The legal representative of the enterprise or an authorized person as prescribed by law;

+ The head of the agency or organization with legal entity status as prescribed by law or an authorized person as prescribed by law;

+ The representative of the household, cooperative group, or other organizations without legal entity status or an authorized person as prescribed by law;

+ An individual directly employing labor.

- The person concluding the labor contract on the employee's side must be one of the following:

+ An employee aged 18 and over;

+ An employee aged 15 to under 18 with the written consent of their legal representative;

+ An employee under 15 years of age and their legal representative;

+ An employee authorized by other group members to legally conclude a labor contract.

- An authorized person to conclude labor contracts is not allowed to re-authorize others to conclude labor contracts.

3. Contents of a labor contract in Vietnam

According to Article 21 of the Labor Code 2019, the content of labor contracts is as follows:

- A labor contract must include the following primary contents:

+ Name, address of the employer, and full name, title of the person concluding the contract on the employer's side;

+ Full name, date of birth, gender, residence, citizen identification number, personal identification, or passport number of the person concluding the contract on the employee's side;

+ Work and workplace;

+ Duration of the labor contract;

+ Salary according to work or title, form of salary payment, wage payment period, wage allowances, and other additional payments;

+ Regime of promotion and salary raise;

+ Working hours, rest periods;

+ Labor protection equipment for the employee;

+ Social insurance, health insurance, and unemployment insurance;

+ Training, retraining, and skill improvement.

- If the employee engages in work directly related to business secrets or technological secrets as prescribed by law, the employer is entitled to negotiate in writing with the employee about the content, duration of protection of business secrets, technological secrets, benefits, and compensation in case of violation.

- For employees working in the fields of agriculture, forestry, fishery, or salt-making, depending on the type of work, the parties may reduce some primary contents of the labor contract and add content about the method for resolving issues in the event the contract performance is influenced by natural disasters, fires, or weather conditions.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE