Vietnam: What is working contract?

Vietnam: What is working contract? (Internet image)

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

1. What is working contract? 

Pursuant to Clause 5, Article 3 of the Law on Public Employees 2010, working contract a means a written agreement between a public employee or a person recruited to work as public employee and the head of a public non-business unit on the working position, salary, benefits, working conditions and rights and obligations of each party.

2. What are the main contents of working contracts in Vietnam?

A working contract has the following principal contents:

- Names and addresses of the public non-business unit and its head;

- Full name, address and date of birth of the recruited person, and full name, address and date of birth of the at-law representative of the recruited person, in case the recruited person is under 18 years old:

- Work or tasks, working position and workplace;

- Rights and obligations of the parties;

- Type of the working contract, its term and conditions for its termination:

- Salary, bonus and other entitlements (if any);

- Working lime and rest time:

-Probation regime (if any);

- Working conditions and matters related to labor protection:

- Social insurance and health insurance:

- Effect of the working contract:

- Other commitments associated with the nature and characteristics of the sector or field and special conditions of the public non-business unit, which must not be contrary to this Law and other relevant laws.

A working contract shall be signed in writing between the head of a public non-business unit and the recruited public employee and made in 3 copies, one of which shall be handed to the public employee.

For professional titles required by law to be appointed by the superiors of public non-business units, the signing of working contracts must be consented to by such superiors.

(Article 26 of the Law on Public Employees 2010)

3. Regulations on change of contents, renewal, suspension and termination of working contracts in Vietnam

According to Article 28 of the Law on Public Employees 2010 (amended in 2019), regulations on change of contents, renewal, suspension and termination of working contracts are as follows:

-  In the course of performing a working contract, if either party requests to change the contents of the contract, it shall inform the other party at least 3 working days in advance. When so agreed, the panics shall modify and/ or supplement the relevant contents of the working contract.

While conducting negotiations, the parties shall still comply with the signed working contract. If negotiations fail, the parties shall continue performing the signed working party or agree to terminate it.

- For fixed-term working contracts, 60 days before the expiration of the working contract, the head of the public service unit shall continue to sign or terminate the working contract with the public employee.

In the event that the public service unit still has needs and the public employee fully meets the requirements as prescribed by law, the head of the public service unit must continue to sign a working contract with the public employee.

In the event of not signing a working contract with a public employee, the head of the public service unit must clearly state the reason in writing.

- The suspension or termination of a working contract complies with the labor law.

- When a public employee moves to work for another agency, organization or unit, his/ her working contract will terminate and he/ she wilt have regimes and policies settled under law;

- When a public employee is appointed by a competent authority to hold a post in the public non-business units in which, as provided for by law. he/she will work as a civil servant, or receives a retirement decision, his/her working contract will automatically terminate.

Ho Quoc Tuan

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