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.”

DAZPRO legal services

– Drafting labor contract, regulations,

– Labor dispute,

– Regular legal services.