Forms of labor contracts

Question: How many forms of labor contracts are there in Viet Nam as stipulated in the 2019 Labor Code?

Answer: The Labor Code 2012 regulates two forms of labor contracts, including: (i) the written labor contracts and (ii) verbal labor contracts with respect to temporary work for a duration of less than 3months.

The Labor Code 2019 adds a new electronic form of labor contract in addition to written and verbal forms to keep pace with social development where electronic means are now used for both transmission and storage of information with equal importance and effectiveness to that of ordinary documents.

Electronic means are implemented in the form of data messages in accordance with the Law on Electronic Transactions, which are valid as written labor contracts.

The Labor Code 2019 further stipulates that labor contracts in 3 months must be in writing: for seasonal works or specific tasks which have terms of less than 12 months, for labor contracts between employers and employees under 15 years of age, and for labor contracts with domestic workers./.