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7
Permitted Contract Structures
Under Vietnamese Labor Code
By Dezan Shira & Associates, Ho Chi Minh City
Editor: Maxfield Vandel Brown
All foreign enterprises seeking to staff operations
in Vietnam will find the process regulated by the
Vietnamese Labor Code of 2012 (LawNo. 10/2012/
QH13) and guided by several circulars which have
clarified aspects of this legislation. Covering hiring,
probationary periods, termination of contracts, and
post-employment benefits, the nature of contracts
should be studied closely to ascertain the most
effective means of onboarding workers as well as
ensuring the compliance requirements associated
with these contracts.
As per Chapter 3, Article 15 of the Vietnamese
Labor Code, the following contract structures are
permitted and thus should form the basis for cost
and compliance comparisons:
• Seasonal or work-specific contracts;
• Indefinite-term contracts;
• Definite-term contracts; and,
• Probationary contracts.
Vietnamese Labor Contract Requirements by Contract Structure
Document
Contract Structure
Indefinite / Definite / Seasonal
Probationary
Name and address of the employer or the lawful representative of the employer
√
√
Full name, date of birth, gender, residence address, identity card number, or other
lawful documents of the employee
√
√
Job and workplace
√
√
Term of the labor contract
√
√
Wage, form of wage payment, deadline for wage payment, wage-based
allowances, and other additional payments
√
√
Regimes for promotion and wage raise
√
Working time, rest time
√
√
Labor protection equipment for the employee
√
√
Social insurance and health insurance
√
Training, retraining, and occupational skill improvement
√
Source: Requirements as prescribed under Law No. 10/2012/QH13
Note: For additional clarification please refer to Circular No. 05/2015/NĐ-CP