Circular No. 30/2013/TT-BLDTBXH guiding the implementation of certain provisions of Decree No. 44/2013/NĐ-CP dated May 10, 2013 of the Government detailing the implementation of certain provisions of the Labor Code on labor contracts

CIRCULAR

H||| guiding the implementation of certain articles of N |||||| Decree No. 44/2013/NĐ-CP

||| dated May 10, 2013 of Cthe Government promulgates detailed regulations on implementation

some clauses of BPenal Code L||| the Ministry of Labor regarding labor contractsg

______________

Pursuant to DecreeNo. 106/2012/NĐ-CP dated December 20, 2012 of the Government detailing the functions, tasks, and organizational structure of the Ministry of Labor, War Invalids and Social AffairsJune 2024;||| on December 12, 2012 ofa by the Government stipulating the functions, tasks, powers, and organizational structure of, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Minister of Labor, Invalids and Social Affairs issue this Circular Jointly Amending and Supplementing Circular Jointly Issued No. 68/2011/TTLT-BGDĐT-BNV-BTC-BLĐTBXHiPursuant to the request of the Director General of the Department of Vocational Education;

Pursuant to DecreeNo. ||| Decree No. 44/2013/NĐ-CP dated May 10, 20131Decree No. 12/2015/NĐ-CP dated February 12, 2015 of the Government detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Tax Laws and Amending and Supplementing Certain Provisions of Decrees on Tax;i This Circular is promulgated with the National Technical Regulation on Quality of Fixed Land Broadband Internet Access Service (QCVN 34:2019/BTTTT).i Pursuant to Decree No. 11/2020/NĐ-CP dated October 15, 2020 of the Government detailing implementation of certain provisions and measures for organizing the implementation of the Law on Petitions;No. ||| articles of the Labor Code L||| regarding labor contractsồlabour.

At the proposal of the Director of the Department of Labor and Wages;

||| The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the implementation of certain articles of Decree No. 44/2013/NĐ-CP dated May 10, 2013 of the Government detailing the implementation of certain articles of the Labor Code regarding labor contracts.

Section 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of participation in mandatory social insurance, unemployment insurance, and mandatory health insurance for workers when entering into labor contracts with multiple employers; the contents of labor contracts for workers hired as directors in state-owned enterprises; the procedures and formalities for declaring invalid labor contracts by labor inspectors and handling invalid labor contracts as stipulated in Decree No. 44/2013/NĐ-CP dated May 10, 2013 of the Government detailing the implementation of certain articles of the Labor Code regarding labor contracts (hereinafter referred to as Decree No. 44/2013/NĐ-CP). (hereinafter referred to as Decree No. 44/2013/ND-CP).

Article 2. Applicability

1. Workers as defined in Clause 1, Article 3 of the Labor Code.

2. Employers as defined in Clause 2, Article 3 of the Labor Code.

3. Agencies, organizations, and individuals related to the contents prescribed in Article 1 of this Circular.

Section 2

||| PARTICIPATION IN MANDATORY SOCIAL INSURANCE, UNEMPLOYMENT INSURANCE, AND MANDATORY HEALTH INSURANCE OF WORKERS WHEN ENTERING INTO LABOR CONTRACTS ||| WITH MULTIPLE EMPLOYERS Article 3. First labor contract and subsequent labor contracts

1. The first labor contract between the employer and the worker responsible for participating in mandatory social insurance and unemployment insurance as stipulated in Point a Clause 1 Article 4 of Decree No. 44/2013/NĐ-CP is the labor contract signed at the earliest time among all labor contracts that the worker has entered into.

2. The subsequent labor contract between the employer and the worker responsible for participating in mandatory social insurance and unemployment insurance as stipulated in Point b Clause 1 Article 4 of Decree No. 44/2013/NĐ-CP is the labor contract signed immediately after the termination or change of the labor contract in which the worker and the employer have participated in mandatory social insurance and unemployment insurance.

Article 4. Notification by the worker when entering into a new labor contract or amending, supplementing, or terminating a labor contract

1. Within five working days from the date of entering into a new labor contract or amending, supplementing, or terminating an existing labor contract, the worker shall notify in writing along with a copy of the newly entered into, amended, supplemented, or terminated labor contract to the employers of other labor contracts that the worker has entered into. The notification form is attached as Appendix No. 01 issued together with this Circular.

2. Within thirty days from the date of entering into a new labor contract or amending, supplementing, or terminating a labor contract that changes the responsibility for participating in mandatory social insurance, unemployment insurance, and mandatory health insurance of the worker and the employer, the worker shall submit the application file to the employer of the labor contract responsible for participating in mandatory social insurance, unemployment insurance, and mandatory health insurance according to the regulations.

The application file for the employer of the labor contract responsible for participating in mandatory social insurance, unemployment insurance, and mandatory health insurance includes:

a) Application for participation in mandatory social insurance, unemployment insurance, and mandatory health insurance according to the model attached as Appendix No. 02 issued together with this Circular;

b) Social insurance book and related documents (if any) for the employer of the subsequent labor contract as stipulated in Point b Clause 1 Article 4 of Decree No. 44/2013/NĐ-CP in cases where the responsibility for participating in mandatory social insurance and unemployment insurance changes;

c) Health insurance card and related documents (if any) for the employer of the labor contract with the highest salary among the remaining labor contracts as stipulated in Point b Clause 2 Article 4 of Decree No. 44/2013/NĐ-CP in cases where the responsibility for participating in mandatory health insurance changes.

c) Health insurance card and other related documents (if any) for the employer under the labor contract with the highest salary among the remaining contracts in accordance with Point b Clause 2 Article 4 of Decree No. 44/2013/ND-CP in cases of changing the obligation to participate in mandatory health insurance.

Article 5. Notification by the employer when the employee suffers from a workplace accident or occupational disease

When an employee suffers from a workplace accident or is determined to have an occupational disease, the employer shall be responsible for notifying in writing the health status of the employee to other employers under remaining labor contracts according to Clause 1 and Point d, Clause 2, Article 5 of Decree No. 44/2013/NĐ-CP. The notification form follows Appendix No. 03 issued together with this Circular.

Section 3

||| CONTENT OF THE LABOR CONTRACT FOR EMPLOYEES HIRED AS MANAGERS IN STATE CAPITAL ENTERPRISES ||| TO SERVE AS MANAGERS IN STATE CAPITAL ENTERPRISES

Article 6. Address of state-owned enterprises

The address of state-owned enterprises as stipulated in Clause 1, Article 6 of Decree No. 44/2013/NĐ-CP is the main office address of the enterprise as stated in the business registration certificate.

Article 7. Place of residence and other lawful documents of foreign employees hired as managers

The place of residence and other lawful documents for foreign employees hired as managers, as provided for in Clause 2, Article 6 of Decree No. 44/2013/NĐ-CP, are specified as follows:

1. Place of residence in Vietnam and abroad.

2. Other lawful documents, including: copies of passports, work permits issued by competent state authorities, and other related documents (if any).

Article 8. Duration of the labor contract for foreign employees hired as managers

The duration of the labor contract for foreign employees hired as managers, as determined by both parties, shall be within the period from twelve months to thirty-six months but not exceeding the validity period of the work permit issued by competent state authorities.

Article 9. Extension of the duration of the labor contract

The employer and the employee hired as manager may agree to extend the duration of the labor contract once through signing an additional agreement to the labor contract, but not exceeding twelve months. Upon expiration of the extended period, both parties must enter into a new labor contract. The maximum extension period for the labor contract of foreign employees hired as managers shall not exceed the validity period of the work permit issued by competent state authorities.

Section 4

PROCEDURE AND REQUIREMENTS FOR DECLARING A LABOR CONTRACT VOID BY LABOR INSPECTORS|||

Article 10. Record of cases where labor contracts contain illegal provisions

1. The head of the inspection team or independent labor inspector or person assigned to conduct specialized inspections shall record cases where labor contracts contain illegal provisions according to the model at Appendix No. 04 issued together with this Circular.

2. In cases where multiple labor contracts contain the same illegal provisions, the head of the inspection team or independent labor inspector or person assigned to conduct specialized inspections shall prepare one record accompanied by a list of the violating labor contracts.

Article 11. Inspection of amendments and supplements to labor contracts containing illegal provisions

After the deadline for amending and supplementing labor contracts containing illegal provisions as prescribed in Clause 2, Article 9 of Decree No. 44/2013/NĐ-CP, the head of the inspection team or independent labor inspector or person assigned to conduct specialized inspections who has recorded the case of a violating labor contract shall be responsible for inspecting the situation of amending and supplementing the contents of the violating labor contract.

Article 12. Decision declaring void labor contracts

1. The Inspector General of the Department of Labor, Invalids and Social Affairs where the record of the labor contract violating the law was made shall issue a decision to declare the labor contract partially void according to the model specified in Appendix No. 05 or a decision to declare the labor contract entirely void according to the model specified in Appendix No. 06 issued together with this Circular.

2. In cases where multiple labor contracts have the same content violating the law, the Inspector General of the Department of Labor, Invalids and Social Affairs shall issue one decision to declare the labor contract partially void or entirely void accompanied by a list of partially void or entirely void labor contracts.

3. The decision declaring the labor contract void must be sent to the employer, employee or each individual employee for a labor contract concluded with a group of employees, the Trade Union Branch Executive Committee or the Higher Directly Affiliated Trade Union Branch Executive Committee at places where no Trade Union Branch has been established, the People's Committee of the district where the enterprise's main office is located or where its production and business establishment is located, unit, branch of the enterprise.

Section 5

TREATMENT OF VOID LABOR CONTRACTS

Article 13. Level of repayment for the difference between agreed wages and wages in void labor contracts

The level of repayment for the difference between agreed wages and wages in void labor contracts as stipulated in Clause 2, Article 10 of Decree No. 44/2013/ND-CP is determined according to the following formula:

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 Where:

- MHT: Level of repayment for the difference between agreed wages and wages in void labor contracts;

- MTL1: Monthly wage (including basic wage, wage allowances, and other supplementary amounts) agreed upon by both parties in the labor contract declared void;

- MTL2: Monthly wage (including basic wage, wage allowances, and other supplementary amounts) in the labor contract after both parties agree;

In cases where wages in the labor contract are agreed upon in a form other than monthly wages, they must be converted to monthly wages.

- t: Actual number of months worked by the employee for the employer corresponding to the wage rate recorded in the labor contract declared void, calculated from the date of declaration of the labor contract as void until the present. If the actual number of months worked exceeds 12 months, only up to 12 months can be counted for repayment. If the actual working time calculated in months includes days less than 15, it will not be counted; if it includes 15 days or more, it will be rounded up to one month of work.

Article 14. Entirely void labor contract due to the person signing the labor contract exceeding their authority

1. The person signing the labor contract exceeding their authority as stipulated in Clause 1, Article 11 of Decree No. 44/2013/ND-CP is a person who signs the contract not belonging to any of the following categories:

a) Employer side

- Legal representative as defined in the Articles of Association of the enterprise or a person authorized by the legal representative for enterprises operating under the Enterprise Law;

- Legal representative as defined in the Articles of Association of cooperatives, cooperative unions or a person authorized by the legal representative for cooperatives, cooperative unions operating under the Cooperative Law;

- Head of the agency, unit, organization or a person authorized by the head of the agency, unit, organization for state agencies, public service units, political organizations, political-social organizations employing workers under labor contracts;

- Head of the organization or a person authorized by the head of the organization for agencies, organizations, branches, representative offices of foreign or international organizations based in Vietnam;

- Household head or household representative hiring workers;

- Individual directly using labor.

b) Employee side

- An employee aged 18 years or older;

- A minor employee aged 15 years or older but under 18 years old and having the written consent of the legal representative of the employee;

- Legal representative for persons under 15 years old and having the consent of the person under 15 years old;

- An employee authorized in writing by a group of employees to conclude a labor contract, accompanied by a list of names, ages, genders, permanent addresses, occupations, and signatures of each authorized employee.

2. Within 15 days from the date of receipt of the decision declaring the labor contract entirely void due to the person signing the contract exceeding their authority, the People's Committee of the district where the enterprise's main office is located or where its production and business establishment is located, unit, branch of the enterprise shall direct the Department of Labor, Invalids and Social Affairs to guide the employer and employee to sign a new labor contract in accordance with their authority.

3. The content of the new labor contract signed in accordance with authority is the content that the employee and the employer had agreed upon in the labor contract declared void, except where the two parties have agreed otherwise.

4. The labor contract signed in accordance with authority becomes effective from the date of signing.

5. The period during which the employee begins working under the labor contract signed by a person exceeding their authority until signing a new labor contract in accordance with authority shall see the rights and interests of each party implemented according to the agreement in the labor contract declared void due to the person signing the contract exceeding their authority.

The period during which the employee begins working under the labor contract signed by a person exceeding their authority until signing a new labor contract in accordance with authority shall be considered as the working period for the employer to serve as the basis for implementing the regulations under the Labor Law.

Article 15. Obligations of the employer in cases where a new labor contract cannot be concluded with the employee when the existing labor contract is declared wholly void due to the work being prohibited by law.

1. The employer shall be responsible for paying the employee an amount of money agreed upon by both parties but not less than one month's minimum wage applicable to the region where the employer's production and business establishment or unit, branch where the employee works is located, for each year of work, as announced by the Government at the time of the decision declaring the labor contract wholly void. The period of work of the employee is the period of work under the labor contract that has been declared void. The probationary period, vocational training period, apprenticeship period at enterprises, agencies, organizations, periods during which the employee was sent to study by the employer, periods of leave under the provisions of the Social Insurance Law, personal leave with pay as stipulated in Clause 1, Article 116 of the Labor Code, unpaid leave if agreed by the employer, leave for trade union activities as provided by law on trade unions, periods of cessation of work not due to the fault of the employee, and periods of temporary detention or arrest but returned to work after being concluded by a competent state agency that the employee did not commit a crime shall be counted as working time for the employer.

The actual working time of the employee shall be calculated in years, and in case of a fractional month, less than six months shall be counted as half a year; from six months and above shall be rounded up to one year of work.

2. In cases where the employee has worked for the employer under other labor contracts for at least twelve months prior to the labor contract declared wholly void due to the work being prohibited by law, and has not yet received severance pay or unemployment benefits, in addition to the payment made to the employee according to the provisions of Clause 1 of this Article, the employer shall be responsible for paying severance pay according to the provisions of labor laws for the period the employee worked for the employer under other labor contracts prior to the labor contract declared wholly void.

The salary used as the basis for calculating severance pay is the average monthly salary of the six consecutive months immediately preceding the termination of the labor contract immediately preceding the labor contract declared wholly void due to the work being prohibited by law. In case the average monthly salary of the six consecutive months immediately preceding the termination of the labor contract immediately preceding the labor contract declared wholly void due to the work being prohibited by law is lower than the minimum wage applicable to the region as announced by the Government at the time of the decision declaring the labor contract wholly void, it shall be calculated based on the minimum wage applicable to the region.

Article 16. Rights and benefits of employees for the period of work under a labor contract declared wholly void until a new labor contract is concluded.

1. The rights and benefits of employees during the period from the start of work under a labor contract declared wholly void until a new labor contract is concluded shall be implemented as follows:

a) In cases where the labor contract declared wholly void contains provisions stipulating the rights and benefits of employees not lower than those prescribed by labor laws or internal regulations or collective labor agreements (if any), the rights and benefits of each party shall be implemented according to the agreement in the labor contract declared wholly void.

b) In cases where the labor contract declared wholly void contains provisions stipulating the rights and benefits of employees lower than those prescribed by labor laws or internal regulations or collective labor agreements (if any), the rights and benefits of each party shall be implemented according to internal regulations, collective labor agreements, and the provisions of labor laws. Specifically, regarding provisions on wages lower than those prescribed by labor laws, internal regulations, or collective labor agreements currently in effect, the employer shall be responsible for refunding the employee the amount specified in Article 13 of this Circular.

2. The period from the start of work under a labor contract declared wholly void until a new labor contract is concluded shall be counted as working time for the employer to serve as the basis for implementing the system according to the provisions of labor laws.

Chapter 6

IMPLEMENTING PROVISIONS

Article 17. Effective Date

1. This Circular takes effect from December 10, 2013.

The systems prescribed in this Circular shall be applied from July 1, 2013.

2. This Circular replaces Circular No. 21/2003/TT-BLDTBXH dated September 22, 2003 guiding the implementation of certain articles of Decree No. 44/2003/NĐ-CP dated May 9, 2003 of the Government on labor contracts; and Circular No. 17/2009/TT-BLDTBXH dated May 26, 2009 amending and supplementing some points of Circular No. 21/2003/TT-BLDTBXH dated September 22, 2003 guiding the implementation of certain articles of Decree No. 44/2003/NĐ-CP dated May 9, 2003 of the Government on labor contracts.

3. Labor contracts with employees hired as directors in state-owned enterprises that contain contents contrary to the provisions of this Circular shall be revised and supplemented by the employer and the employee in accordance with the contents prescribed in this Circular.

Article 18. Responsibility for Implementation

The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the Central Government shall be responsible for directing, urging, and inspecting agencies, units, organizations, and enterprises to implement in accordance with the provisions of this Circular.

During the implementation process, if there are difficulties, agencies, units, organizations, and enterprises are requested to report to the Ministry of Labor, Invalids, and Social Affairs for timely supplementary guidance./.