In what cases required to conclude an employment contract in writing in Vietnam?

In what cases required to conclude an employment contract in writing in Vietnam? - Man Nhi (Binh Duong)

In what cases required to conclude an employment contract in writing in Vietnam?

In what cases required to conclude an employment contract in writing in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are forms of employment contract in Vietnam?

Pursuant to Article 14 of the Labor Code 2019, forms of employment contracts include:

- An employment contract shall be concluded in writing and made into two copies, one of which will be kept by the employee, the other by the employer, except for the case where both parties conclude an oral contract with a term of less than 01 month

An employment contract in the form of electronic data conformable with electronic transaction laws shall have the same value as that of a physical contract.

- Both parties may conclude an oral contract with a term of less than 01 month, except for the cases specified in (1), (2), (3) section 2

Thus, an employmeny contract can exist in one of the following forms:

- Written;

- Through electronic means in the form of data messages;

- Oral.

2. In what cases required to conclude an employment contract in writing in Vietnam? 

An employment contract must be concluded in writing if it falls into one of the following cases:

(1) Employment contracts employing workers under 15 years old as prescribed in Point a, Clause 1, Article 145 of the Labor Code 2019, specifically:

When employing a person under 15, the employer shall conclude a written contract with the employee and his/her legal representative

(2) Employment contracts with domestic workers as prescribed in Clause 1, Article 162 of the Labor Code 2019, specifically:

The employer shall enter into a written employment contract with the domestic worker.

(3) The employment contract is concluded according to the provisions of Clause 2, Article 18 of the Labor Code 2019.

In respect of seasonal works or certain jobs which have a duration of less than 12 months, a group of employees aged 18 or older may authorized the representative of the group to conclude the employment contract, in which case such employment contract shall be effective as if it was separately concluded by each of the employees.

The employment contract concluded by the said representative must be enclosed with a list clearly stating the full names, ages, genders, residences and signatures of all employees concerned.

(4) Employment contracts signed with other employees with a term of 01 month or more as prescribed in Article 14 of the Labor Code 2019.

3. What are the penalties for violations of regulations on concluding employment contracts in Vietnam?

According to the provisions of Clause 1, Article 9 of Decree 12/2022/ND-CP, violations of regulations on concluding employment contracts in Vietnam are as follows:

The following fines shall be imposed upon an employer for commission of one of the following violations: failing to enter into written employment contracts with employees who do jobs with a term of full 01 month or longer; failing to enter into a written employment contract with the authorized representative of the group of employees aged 18 or older to do seasonal works or certain jobs with a term of less than 12 months as prescribed in Clause 2 Article 18 of the Labor Code 2019; failing to enter into the right type of employment contract with employees; entering into employment contracts that do not contain primary information as prescribed by law:

- A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves 01 - 10 employees;

- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 11 - 50 employees;

- A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 51 - 100 employees;

- A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves 101 - 300 employees;

- A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed if the violation involves 301 employees or more.

Note: The fine level mentioned above is the fine level for individuals. The fine for organizations is 2 times the fine for individuals. (Clause 1, Article 6, Decree 12/2022/ND-CP)

Nguyen Ngoc Que Anh

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