Vietnam law on labor contracts, forms and related prohibitions

Pursuant to:

– Law 45/2019/QH14 on Labor (Law 45),

– Other related legal documents.

Signs: Quotation ” “, Omitted […], Note [ ]

1. Labor contract

Article 13 Law 45:

“1. Labor contract is an agreement between the employee and the employer on a paid job, wage, working conditions, and rights and obligations of each party in industrial relations.

In case the two parties give another name to their agreement which has contents stating a paid job, wage and either party’s management, administration and supervision, such agreement shall be regarded as a labor contract.

2. Before employing a person, the employer shall enter into a labor contract with such person.”

2. Forms of the labor contract

Article 14 Law 45:

“1. A labor contract shall be entered into in writing and made in 2 copies, one to be kept by the employee and the other by the employer, except the case specified in Clause 2 of this Article.

A labor contract entered into by electronic means in the form of a data message under the law on e-transactions is as valid as a written labor contract.

2. The two parties may enter into a verbal labor contract, for contracts of a term of under 1 month, except the cases specified in Clause 2, Article 18, at Point a, Clause 1, Article 145, and in Clause 1, Article 162, of this Code.” [click here for details]

3. Related prohibitions

Article 17 Law 45:

“1. Keeping the originals of personal identification papers, diplomas and certificates of employees.

2. Requesting employees to make a deposit in cash or other assets as security for the performance of labor contracts.

3. Compelling employees to perform labor contracts for payment of debts to the employers.”