Decision No. 207/LDTBXH-QD on the issuance, management, and use of employment contracts

Pursuant to …;

(TEMPORARY)

Regarding the issuance, management, and use of the Labor Contract

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to Article 24 of the Government Organization Law dated September 30, 1992, concerning the powers of the Minister;

Pursuant to Article 9 of the Labor Contract Ordinance and Article 7 of Decision No. 233/HĐBT dated June 22, 1990 of the Council of Ministers on the unified issuance, management, and use of the Labor Contract model;

Pursuant to Decision No. 35/HĐBT dated March 24, 1987 of the Council of Ministers regarding the functions, tasks, and powers of the Ministry of Labor, Invalids, and Social Affairs;

Considering the proposal of the Director of the Labor Policy Department;

DECISION:

Article 1.- We hereby issue the Labor Contract, with a sample attached to this Decision.

The Labor Contract measures 20x29.5 cm, consists of four pages, has a white background with patterns and a code number.

Article 2.- The Labor Contract mentioned in Article 1 above shall be used to sign Labor Contracts between workers and organizations, individuals using or hiring labor from various economic sectors, including foreign-invested enterprises, individuals, and organizations based in Vietnam.

For all contracts signed before the issuance date of this Decision, they must be replaced by the Labor Contract specified in Article 1 above.

The time limit for completing the replacement of the Labor Contract is nine months from the date of issuance of this Decision.

Article 3.- Ministries, sectors, and local People's Committees shall guide units under their jurisdiction to implement this Decision.

Directors of Provincial Departments of Labor, Invalids, and Social Affairs are responsible for assisting provincial and centrally-administered city People's Committees in the following tasks:

Organizing, guiding, and providing the Labor Contract to entities that use or hire labor promptly and conveniently at prices set by the Ministry of Labor, Invalids, and Social Affairs.

Strictly managing the issuance of the Labor Contract, thereby reviewing and monitoring changes in labor working under Labor Contracts.

Urging, inspecting, and handling violations of this Decision according to the Administrative Offense Sanctions Ordinance.

Regularly reporting the results of implementing this Decision to the provincial People's Committee and the Ministry of Labor, Invalids, and Social Affairs.

Article 4.- This Decision will be piloted in some localities and enterprises to perfect it before officially issuing this Decision.

According to the Labor Contract Ordinance issued on August 30, 1990 by the State Council and Decision No. 233/HĐBT of the Council of Ministers (now the Government), all Labor Contract models issued along with Circulars No. 02/LĐ-TT dated January 30, 1975 and No. 16/LĐ-TT dated August 26, 1976 guiding the implementation of Circular No. 184/TTg of the Prime Minister on Labor Contracts with fixed terms, Circular No. 01/LĐ-TBXH-TT dated April 18, 1989 guiding the implementation of Decisions No. 27 and 28/HĐBT, and Circular No. 19/LĐTBXH-TT dated December 31, 1990 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of Decision No. 233/HĐBT and other Labor Contract models issued by ministries, sectors, localities, organizations, and individuals contrary to the provisions of this Decision shall be abolished.

 

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

...day...month...year...

LABOR CONTRACTS

(Issued together with Decision No. 207/LĐ-TBXH-QĐ dated April 2, 1993
of the Minister of Labor, Invalids and Social Affairs)

We, one party being Mr./Mrs.:...

Position:…

Representing (1)...

Address...Phone:...

And the other party being Mr./Mrs.:...

Date of birth...month...year...

Occupation...

Permanent residence at:...

Holding ID card or labor book number (2)...

Issued by...on...month...year...at...

Agreeing to conclude the Labor Contract and commit to comply with the following clauses:

Article 1.- Mr./Mrs.:...will work under the type of Labor Contract (3) from...month...year...to...month...year...

Probation period from...month...year...to...month...year...

At location (4)...

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Position:...and duties to perform (5)...

Article 2.- Working regime:

Working hours (6):...

Provided with tools for work including:...

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Conditions for safety and hygiene at the workplace in accordance with current state regulations.

Article 3:- Obligations, authorities, and benefits of the employee as follows:

1. Obligations: Under the direct management of Mr./Mrs.:... Fulfill the tasks committed to in the Labour Contract. Strictly comply with the internal regulations, rules, labor discipline, safety, and collective labor agreement of the unit.

2. Authorities: Have the right to propose, lodge complaints, change, temporarily suspend, terminate the Labour Contract in accordance with current labor laws.

3. Benefits:

Means of transportation for work (7):...

Basic salary or wage (8):...

...to be paid...times on the...and...of each month.

Allowances include (9):...

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Provided with labor protective equipment including:...

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Number of annual leave days with pay (public holidays, annual leave, personal matters)

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Social insurance (10):...

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Enjoy various welfare benefits:...

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Receive bonuses, salary increments, vocational allowances, and perform scientific and technological cooperation tasks with domestic or foreign units (11):...

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Enjoy stop-work benefits, termination allowances, and compensation as stipulated by labor laws.

Article 4.- Obligations and authorities of the employer:

1. Obligations: Fully implement all necessary conditions committed to in the Labour Contract to ensure effective work performance by the employee. Ensure employment for the employee according to the signed Labour Contract.

Pay in full and final all benefits and rights of the employee as committed to in the Labour Contract.

2. Authorities: Have the right to temporarily transfer the employee, temporarily suspend work, change, temporarily suspend, or terminate the Labour Contract and apply disciplinary measures in accordance with current labor laws.

Article 5.- General Provisions.

1. Other agreements (12):...

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2. The Labour Contract is valid from the...day...month...year...to the...day...month...year...

Article 6.- This Labour Contract is made in (02) copies:

01 copy retained by the employee

01 copy retained by the employer. Made at...

 

GUIDELINES

RECORD IN THE LABOUR CONTRACT

Principles

The level stipulated by the State shall not be lower than the agreed level, if both parties agree on a more favorable condition for the employee, it must be clearly stated.

Specific Recording Method

1. Record the specific name of the agency, enterprise, or social organization.

2. If there is a labor book, only record the labor book number.

3. Clearly specify the type of Labour Contract, such as indefinite-term Labour Contract, definite-term Labour Contract, or seasonal Labour Contract. If it is a definite-term Labour Contract, specify the start and end dates.

4. Clearly specify the house number, street, ward (village, commune), district (county, city), province, provincial-level city, or central government.

5. Clearly specify the job title such as director, deputy director, head, deputy head, foreman, overseer, staff member, worker, etc., and the duties or quantity and quality of products to be completed.

6. Clearly specify the number of working hours per day or week, whether working regular hours or shifts.

7. Means of transportation for work provided by the unit or the unit pays a certain amount for the employee to arrange themselves.

8. Clearly specify the basic salary, form of payment (hourly wage, daily wage, piece-rate wage, etc.) or wage rate.

9. Clearly specify the percentage of allowances (if any) such as area allowance, price adjustment allowance, hazardous allowance, attraction allowance, seniority allowance, responsibility allowance, etc.

10. Clearly specify the social insurance benefits and other subsidies that the employee will enjoy. For example, for employees working under a definite-term contract for less than one year, they will enjoy social insurance and other subsidies equal to 30% of their monthly salary. For employees working under an indefinite-term contract or a definite-term contract of one year or more, it should be noted that they will enjoy social insurance benefits according to the current state regulations.

11. Clearly specify which benefits the employee will enjoy as listed in this section.

12. Other agreements usually include encouraging and beneficial agreements for the employee such as: small items that wear out quickly, when damaged or lost, no need to compensate, performing the Labour Contract well entitles them to travel, vacation, sightseeing without cost, receiving the 13th or 14th month's salary, additional annual leave days up to one week, additional compensation for accidents or risks outside working hours, gifts on birthdays; children can be recruited to work in the unit if their parents have reached retirement age (if not specified in the collective labor agreement).

 

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

...Date...

...Date...

LABOR CONTRACTS
LABOUR CONTRACT

(ISSUED ACCOMPANYING DECISION 207/LĐ-TBXH-QĐ OF 2 APRIL 1993 BY THE MINISTER OF LABOUR, INVALIDS, AND SOCIAL AFFAIRS)
ISSUED UNDER THE DECISION OF THE MINISTER OF LABOUR, INVALIDS, AND SOCIAL AFFAIRS NO 207/LĐ-TBXH-QĐ ON 2 APRIL 1993

We, one party being Mr./Mrs.:...

We, from one side, Mr./Mrs.

Position:...Nationality...

Position Nationality

Representing...

On behalf of

Address...Phone:...

Address Telephone

Holding ID/Passport No...issued on

ID/Passport No issued on

Issued at...

Issued at...

And from the other side, Mr./Mrs.

and from the other side, Mr./Mrs.

Born on...day...month...year...Nationality...

Date of birth day month year Nationality

Place of residence...

Home address

Occupation...

Profession

Holding ID/Passport No...issued on...day...month...year...

ID/Passport No issued on day month year

Issued at...

Issued at

Agreeing to conclude the Labor Contract and commit to comply with the following clauses:

Agree to sign this Labour Contract and commit to fulfilling the following provisions:

Article 1.- Mr./Mrs....works for the agency, enterprise (company) under the type of Labour Contract:

Article 1.- Mr./Mrs....is working for the office/enterprise under this Labour Contract

With an indefinite term, starting from

With a definite term, starting from until

With a definite term, starting from until

Seasonal contract, starting from until

Probationary period, starting from until

At the location...

At work site

Job position, duties to be performed...

Job position, to be carried out

Working time Normal (8 hours per day)

Working time Normal (8 hours per day)

Special

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Article 2.- Equipment to be provided...

Article 2.- Equipment to be provided

Special

Đặc biệt

Được cấp phát những vật dụng…

Các thiết bị được cung cấp

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Conditions of labour safety and health at the workplace in accordance with current laws.

Conditions of labour safety and health at the workplace according to current laws and regulations.

Article 3:- Obligations, rights and benefits of the employee:

Article 3.- Obligations, rights and benefits of the employee:

3.1. Obligations: To work under direct supervision of Mr./Mrs.; to fulfill the tasks undertaken in the Labour Contract; strictly comply with labour discipline, labour safety and health regulations, and internal regulations of the unit.

To complete the tasks committed in the Labour Contract; strictly comply with labour discipline, labour safety and health regulations, and internal regulations of the unit.

3.1. Obligations; To work under direct supervision of Mr./Mrs.; to fulfill the tasks undertaken in the Labour Contract; strictly comply with labour discipline, labour safety and health regulations, and internal regulations of the unit.

3.2. Rights: Entitled to propose, complain, amend, suspend, and terminate the Labour Contract in accordance with current laws and regulations.

3.2. Rights: Entitles to propose, to complain, to amend, to suspend, and to terminate the labour contract according to current laws and regulations.

3.3. Wages and benefits:

Wages and benefits

Basic salary...

Basic salary

To be paid...in installments on...and on...

To be paid monthly in installments on and on

Benefits and subsidies: Area...%; Responsibility...%

Benefits and subsidies for area and responsibility

Hazardous...%; Hardship...%

for hazardous for hardship conditions

...............% ............... %

Means of commuting to work

Means of commuting

Assured by the employer

The individual is responsible for arranging and will be reimbursed by the unit

Commutation ticket

Labour protection equipment to be provided if required by the work

Number of annual paid holidays (annual leave, public holidays, personal leave)...

Annual full paid holidays (annual leave, public holidays, personal leave)

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Social insurance...

Social insurance...

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To enjoy various benefits including...

Other benefits and welfare...

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To receive bonuses, promotions, professional training: Implementing cooperative scientific and technological tasks with domestic and foreign institutions.

Bonus, promotion, professional training, fellowship on scientific and technological cooperation with institutions in the country and abroad

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Entitled to the conditions and terms in cases of suspension, termination (severance pay), and damage compensation according to current laws and regulations.

Entitled according to conditions and terms in cases of suspension, termination (severance pay), and damage compensation according to current laws and regulations.

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Employers have the following obligations and rights:

Article 4.-

Article 4.- Obligations and rights of the Employer

4.1. Obligations: To fully provide the necessary conditions committed in the Labour Contract to ensure efficient work performance; to guarantee employment for the employee in accordance with the signed contract; to fully and promptly pay all remuneration and other benefits as committed in the Labour Contract. 4.1 Obligations: To fully ensure the employee with necessary terms and conditions committed in the labour contract for the interest of work efficiency; to assure job for the employee in conformity with the signed contract; to fully and duly pay the employee all remuneration and other benefits as committed in the labour contract.

4.2. Rights: To temporarily transfer the employee, suspend their work, amend, suspend, and terminate the Labour Contract and apply disciplinary measures according to current laws and regulations.

4.2. Rights: To transfer the employee to temporary job, suspend his job, to amendments, to suspend; and terminate the labour contract and to apply discipline measures according to labour laws and regulations.

Article 5.-

General Provisions

Article 5.- General Provisions.

5.1. Other agreements (more favorable to the employee) 5.1. Other agreements (more favorable to the employee)

5.2. This Labour Contract shall be effective from day...month...year...

5.2. This labour contract shall be valid from day month year

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to day...month...year...

to day month year

This Labour Contract is made into (02) two copies:

Article 6.-

Article 6.- Made in (02) two copies:

One copy shall be kept by the Employer. One copy shall be kept by the Employer.

One copy shall be kept by the Employee.

One copy shall be kept by the Employee.

Signed at...

Signed at

Employee

Employer