Is accommodation information mandatory in a labor contract in Vietnam?

Hello everyone and Lawyer. I am applying for a job in the near future. I have a few questions that need to be answered. Is it mandatory to have information about current residence in the labor contract? What information is required in an employment contract? Looking forward to receiving help from everyone and Lawyers. Sincerely thank. Hello! To answer the above questions, we invite you to read with a lawyer to learn about the above issues through the article “Is accommodation information mandatory in a labor contract?” The following.

Legal grounds

Labor Code 2019

Residence Law 2020

What are the contents of the signed labor contract?

Article 21 of the Labor Code 2019 stipulates that the content of a labor contract is as follows:

“Article 21. Contents of labor contract

1. A labor contract must contain the following principal contents:

a) Name, address of the employer and full name; title of the person entering into the labor contract on the employer’s side;

b) Full name, date of birth, gender, place of residence, citizen identification card number; Identity proof. Or the passport of the person entering into the labor contract on the employee’s side;

c) Work and place of work;

d) The term of the labor contract;

dd) Salary according to job or title, form of salary payment, time limit for salary payment, salary allowance and other additional amounts;

e) The mode of promotion, salary increase;

g) Working time and rest time;

h) Provide labor protection equipment for employees;

i) Social insurance, health insurance and unemployment insurance;

k) Training, fostering and improving professional qualifications and skills.

2. When an employee’s work is directly related to a business secret or a technology secret as prescribed by law, the employer has the right to reach a written agreement with the employee on the content, term of protection of business secrets, protection of technology secrets, rights and compensation in case of violation.

[…]”

Accordingly, the labor contract must contain the above main contents.

Is accommodation information mandatory in a labor contract?

According to the provisions of Clause 10, Article 2 of the Law on Residence 2020, the current place of residence is the place of permanent residence. Or a temporary place of residence where the citizen is regularly living. In case there is no permanent place of residence, temporary place of residence. The current residence is where the citizen is actually living.

According to the provisions of Clause 2, Article 3 of Circular 10/2020/TT-BLDTBXH. The main content of the labor contract must show the address of the employee’s place of residence.

Article 11 of the Law on Residence 2020 stipulates that the address of the employee’s place of residence can be either a permanent or a temporary place of residence. In case the place of permanent or temporary residence cannot be determined, the place of residence of the citizen is the current place of residence.

Thus, in the labor contract, it is only necessary to show one of the two places mentioned above (permanent place of residence or temporary place of residence), it is not required to show the current place of residence. Currently, it is still possible to add this content to the labor contract, the law does not prohibit adding this content.

10 mandatory contents in the labor contract are recorded as follows:

(1) Name of employer

• For enterprises, agencies, organizations, cooperatives, unions of cooperatives. Then take the name of the enterprise, agency, organization, cooperative, union of cooperatives stated in the certificate of registration of the enterprise, cooperative, union of cooperatives. Or investment registration certificate. Or a written approval of the investment policy or a decision on the establishment of an agency or organization;
• For a cooperative group, the name of the cooperative group specified in the cooperation contract shall be taken;
• For households and individuals, the full name of the representative of the household or individual is recorded in the citizen’s identity card. Or ID card or passport issued;

Address of the employer and the full name and title of the person entering into the labor contract on the employer’s side

– Address of the employer:

• For enterprises, agencies, organizations, cooperatives, unions of cooperatives. Then take the address stated in the certificate of registration of the enterprise, cooperative, union of cooperatives. Or the investment registration certificate or the written approval of the investment policy or the decision on the establishment of an agency or organization;
• For cooperative groups, the address in the cooperation contract shall be taken;
• For households and individuals, the address of the place of residence of such household or individual shall be taken; phone number, email address (if any);
• Full name and title of the person entering into the labor contract on the employer’s side: write the full name and title of the person competent to conclude the labor contract as prescribed in Clause 3, Article 18 of the Code. Labor 2019.

Please see more:

• Do I have to pay the Insurance for work-related accident or occupational disease for domestic workers in Vietnam?
• Policy on the salary of employees by the law of Vietnam
• What are rights and obligations of employees and employers under Viet Nam Labor Law?

(2) Full name, date of birth, gender, place of residence, number of ID card/CCD or passport of the person entering into the labor contract on the employee’s side

– Full name, date of birth, gender, residential address, phone number, email address (if any), ID card/CCCD number or passport issued by a competent authority of the consignee the labor contract on the employee’s side as prescribed in Clause 4, Article 18 of the Labor Code 2019;

– Work permit number or written confirmation of not being eligible for a work permit issued by a competent authority for foreign workers;

– Full name, residential address, citizen identification card number. Or ID card or passport, phone number, email address (if any) of the legal representative of the person under 15 years old.

(3) Work and place of work

– Work: the work that the employee must perform;

– Work place of employees: location and scope of employees doing the work as agreed; In case the employee works regularly in many different locations, those locations shall be fully recorded.

(4) Term of the labor contract

– The duration of the labor contract (number of months or days), the starting time. And the time of termination of the labor contract (for a definite-term labor contract);

– The time of starting the performance of the labor contract (for an indefinite term labor contract).

(5) Salary according to job or title, form of salary payment, time limit for salary payment, salary allowance and other supplements

Salary by job or title:

• Enter the salary calculated according to the time of the job. Or the title according to the salary scale, salary table developed by the employer according to the provisions of Article 93 of the Labor Code 2019;
• For employees who are paid according to the product. Or package salary, write the salary calculated by time to determine the product unit price or package salary;

Salary allowance as agreed by both parties as follows:

• Salary allowances to compensate for factors of working conditions, nature of work complexity, living conditions, level of labor attraction that the salary agreed in the labor contract has not been taken into account or incompleteness;
• Salary allowances associated with the working process and results of the employee’s work performance.
• Other additional amounts as agreed by the two parties as follows:

– The form of salary payment shall be determined by the two parties according to the provisions of Article 96 of the Labor Code 2019.

– The salary payment term is determined by the two parties according to the provisions of Article 97 of the Labor Code 2019.

(6) Level up and salary increase mode

According to the agreement of the two parties on the conditions, time and salary level after raising the level or raising the salary. Or comply with the collective labor agreement and regulations of the employer.

(7) Working time, rest time

According to the agreement of the two parties or the agreement to comply with the internal labor regulations, the employer’s regulations, the collective labor agreement and the provisions of the law.

(8) Labor protection equipment for employees

Types of personal protective equipment at work according to the agreement of the two parties. Or according to the collective labor agreement. Or as specified by the employer. And regulations of law on occupational safety and hygiene.

(9) Social insurance, health insurance and unemployment insurance

According to the provisions of the law on labor, social insurance, health insurance and unemployment insurance.

(10) Training, fostering and improving professional qualifications and skills

Rights, obligations and interests of the employer. And employees in ensuring time and funding for training, retraining and improving professional qualifications and skills.

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