Professional Labor Contract Drafting Services in Vietnam

A labor contract with complete, strict, and legal terms is an important basis for the parties participating in the labor relationship to exercise their rights and obligations during the working process. This also creates a mechanism to resolve issues if any dispute arises. However, not everyone can draft a completely detailed labor contract. The article below from Viet An Law will provide professional labor contract drafting services to ensure legal compliance in Vietnam.

What is a labor contract in Vietnam?

Article 13 of the Labor Code 2019 stipulates that a labor contract is an agreement between an employee and an employer regarding paid employment, wages, working conditions, rights, and obligations of each party in labor relations.

If the parties agree by another name but the content represents paid employment, salary, and management, administration, and supervision of one party, it is considered a labor contract.

Article 18 of the Labor Code 2019 stipulates the entities competent to enter into labor contracts as follows:

Labor contract template

There are many labor contract templates on electronic media, however, clients’ use of these contract templates may run the risk of leading to labor contract disputes, so Viet An Law provides clients the labor contract samples. Please contact us to receive the template for reference.

Basic contents of the labor contract

The current legal basis regulates labor contracts in Vietnam:

• Article 21 of the Labor Code 2019
• Article 3 of Circular 10/2020/TT-BLDTBXH detailing and guiding the implementation of several articles of the Labor Code on the content of labor contracts, collective bargaining councils, and occupations and jobs with influence Adverse effects on reproductive and child-rearing functions

The parties to a labor contract relationship can freely agree on the content of the contract. However, the labor contract has the following basic terms:

Information of the parties in the contract

• The labor contract must contain information about the name and address of the employer and the full name and title of the person concluding the labor contract on the employer’s side.
• Information about full name, date of birth, gender, place of residence, Citizen Identification Card number or ID card or passport of the person entering into the labor contract as the employee, and some other information.

Job position and work location

• Job Position: the employee must perform after signing the labor contract.
• Work location: location and scope of work the employee performs as agreed upon.

Term of contract

Time to execute the labor contract, start and end time of the labor contract for fixed-term labor contracts, and starting time for the labor contract for indefinite-term labor contracts.

Salary level, payment method, salary payment period, allowances, and other additional payments

The labor contract must clearly state the salary according to job or title; Allowances as agreed by both parties such as allowances to compensate for factors related to working conditions, and complexity of the job… other allowances as agreed by both parties; Both parties determine the form of salary payment and salary payment period according to Articles 96 and 97 of the Labor Code 2019.

Promotion regime, salary increase

The parties agree on the conditions, time, and salary level after upgrading, salary increase, or implementation according to the collective labor agreement and regulations of the employer.

Working time, rest time

Working time and rest time are agreed upon by both parties or implemented according to the employer’s regulations and the provisions of law. Accordingly, the labor contract records:

• Workshop working hours during the day and week; shift; the start and end of the day, week, or shift; the number of working days per week; overtime and related terms when working overtime.
• Both parties also need to record the time, start, and end of breaks during working hours; Weekly, annual vacation time, holidays…

Protective equipment for workers

The labor contract must specifically record the quantity, type, quality, and expiration date of each type of labor protection equipment.

Social insurance, health insurance, unemployment insurance

When participating in labor relations, employees are entitled to pay various types of insurance, employers are responsible for paying insurance for employees according to the provisions of labor law, social insurance, and health insurance and unemployment insurance.

Training, fostering, and improving professional qualifications and skills

The labor contract should stipulate the rights, obligations, and interests of the employer and employee in ensuring time and funding for training, fostering, and improving professional qualifications and skills.

Notes when drafting labor contracts

The labor contract is important in recording the agreement between the employer and the employee, to draft a complete labor contract that complies with the law but still ensures the rights For the benefit of both parties, the parties need to pay attention to the following issues:

• Use legal basis that are still in force;
• Record complete and accurate information about the employer or employee
• Clearly define the terms of the contract;
• Clear agreement on work location;
• Specific regulations on salary payment methods;
• Specific agreements on social insurance and tax responsibilities;
• Detailed and clear regulations on information security issues.

Documents clients need to provide for professional labor contract drafting services in Vietnam

To draft a complete, detailed, and accurate labor contract, clients need to provide Viet An Law with the following documents:

• Legal documents of the employer, full name and title of the person concluding the labor contract on the employer’s side;
• Legal documents on the employee’s identity;
• Information about job characteristics and work location of the enterprise;
• Information about the business’s working regime;
• Provide some other terms that the client wants to include in the labor contract;
• Other related documents and information.

Frequently Asked Questions about labor contracts

Below are some problems that Clients are concerned about when drafting and signing labor contracts:

How many types of labor contracts are there in Vietnam?

Labor contracts must be concluded according to one of the following types:

• Labor contract with indefinite term;
• The labor contract has a fixed term, that is, the date of termination of the contract is no more than 36 months from the effective date of the contract.

How many forms of labor contracts are there?

According to the provisions of Article 14 of the Labor Code 2019, there are three forms of labor contracts including:

• The labor contract is concluded in writing;
• Labor contracts are concluded via electronic means in the form of data messages;
• Verbal employment contract.

How much does it cost to draft a labor contract?

Depending on the content the client requests to be included in the labor contract and the level of detail of the contract, the drafting cost will vary. Clients can contact Viet An Law to discuss content and receive reasonable service fees for labor contract drafting.

Professional labor contract drafting services in Vietnam of Viet An Law

Viet An Law understands the difficulties that clients encounter in the process of drafting labor contracts, and is ready to accompany clients in drafting the most detailed and strict labor contracts. Labor contract drafting services provided by Viet An Law include:

• Consulting on legal regulations related to labor contracts;
• Prepare draft labor contract;
• Complete labor contracts based on client requirements;
• Inspect, review, and adjust labor contracts under the law and regulations of the enterprise;
• Consulting on the process of implementing labor contracts between parties;
• Consulting on resolving disputes related to labor contracts.

Clients who need to use professional labor contract drafting services in Vietnam, please contact Viet An Law for timely advice and support!