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Labor contract under applicable laws of Vietnam and notes for foreign investors

Labor – Human resources always play an important role in a business. When doing investment in Vietnam, regulations on labor in general and labor contract in particular requires foreign-invested enterprises’ strict compliance. 1. Form and content of a labor contract Under Article 13 of the Labor Code 2019, a labor contract is an agreement between an employee and an employer on paid job, salary, working conditions, rights and obligations of each party in the employment relations. If the two parties conclude an agreement by another name but showing the following 3 elements, it is still considered a labor contract: paid job; salary; and management and supervision of a party. a. Form of labor contracts A labor contract must be made in writing which is in paper or via electronic means in accordance with regulations on electronic transactions, except for a labor contract with less than 1-month terms which may be concluded in verbal. b. Content of labor contracts A labor contract must contain ...