Vietnam has several main types of employment:

• Indefinite-term Labor Contract: A long-term employment arrangement without a specific end date. Typically used after an employee completes their probation period or after two consecutive fixed-term contracts.
• Fixed-term Labor Contract: Contract with a clear duration, usually 1-3 years. Can be used consecutively up to two times, after which it must be converted to an indefinite-term contract or the employment relationship must be terminated.
• Specific Work Contract: For specific projects or one-time work, contract duration is linked to the work duration, usually not exceeding 36 months.
• Seasonal or Specific Work Contract: (Less than 12 months) Applicable to short-term, seasonal, or project-based work, with a contract duration not exceeding 12 months.
• Part-time Contract: Employment relationship where working hours are less than the normal working hours of full-time employees.
• Temporary Work Contract: Used for short-term or temporary work, usually not exceeding 6 months.
• Probationary Contract: Arrangement for new employees’ probation period, which cannot exceed 60 days (can be extended to 180 days for senior management positions).
• Foreign Employee Contract: Special contract for foreign employees, needs to consider regulations related to foreign work permits.
• Apprenticeship Contract: Contract for training purposes, typically used for vocational or apprenticeship programs.
• Labor Dispatch Contract: Form of employment through labor dispatch companies.

When choosing the appropriate employment type, companies need to consider： Nature of work (long-term/short-term, full-time/part-time). Legal requirements (e.g., limitations on the number of fixed-term contracts) Business needs (e.g., flexibility, cost control). Employee benefits (e.g., social insurance coverage)

Each employment type has specific legal requirements and limitations. Companies should ensure full compliance with the latest Vietnamese labor regulations when using them. It is advisable to consult local legal professionals when developing employment strategies and contracts to ensure compliance and protect the rights of both the company and employees.

Examples of Labor Contracts for Various Positions Under Different Employment Types

These examples will be based on the latest Vietnamese labor regulations. However, please note that they need to be adjusted according to specific situations and the most recent regulations when actually used.

1.Indefinite-term Labor Contract – Example: Senior Software Engineer

LABOR CONTRACT

Party A (Employer): Party B (Employee):

Address: Date of Birth:

Legal Representative: ID Number:

Address: Current Residential Address:

Both parties agree to accept the terms of this indefinite-term labor contract as follows:

Article 1: Job Content

• Position: Senior Software Engineer.
• Main Duties: Design and develop complex software systems. Lead development teams to complete project tasks. Optimize existing systems, improve performance and scalability. Participate in technical decisions and architectural design. Guide junior engineers, provide technical training.
• Specific Responsibilities: Responsible for the architectural design and optimization of the company’s core systems. Write high-quality, maintainable code and conduct code reviews. Develop technical specifications and coding standards. Evaluate and introduce new technologies to improve development efficiency. Organize at least one technical sharing session per quarter. Participate in technical recruitment, assess technical capabilities of candidates.

Article 2: Contract Term This contract is an indefinite-term labor contract, effective from Year Month Day.

Article 3: Working Time and Location

• Working hours: 5 days per week, Monday to Friday, flexible work system (core working hours 10:00-16:00).
• Work location: Company headquarters in Hanoi, remote work possible in special circumstances.
• Overtime may be required when necessary, overtime pay will be according to Vietnamese labor law regulations.
• Remote work: Up to 5 days of work from home can be applied for per month.

Article 4: Compensation and Benefits

• Monthly salary: Vietnamese Dong.
• Annual performance bonus: Based on individual and company performance, up to [4] months’ salary.
• Stock options: As per company stock incentive plan.
• Social insurance, health insurance, and unemployment insurance: As per legal regulations.
• Paid annual leave: [15] days per year.
• Professional development: Participation in annual technical conferences, online course learning opportunities.
• Technical allowance: Vietnamese Dong per month.
• Annual health check: Company covers the cost of one comprehensive health check per year.
• Training opportunities: Reimbursement of up to Vietnamese Dong for professional training fees per year.
• Patent rewards: Vietnamese Dong reward for each approved patent.

Article 5: Confidentiality and Non-competition

• Party B must strictly keep confidential the company’s trade secrets and technical information.
• For 12 months after leaving the company, Party B must not join a competing company or start a business in a related field.
• Intellectual property: All technical achievements developed during employment belong to the company.
• Non-competition compensation: During the non-competition period after termination, 30% of one month’s salary will be paid monthly as compensation.

Article 6: Contract Modification and Termination

• Contract modifications require agreement from both parties.
• Termination conditions are as per Vietnamese labor law regulations, any party proposing termination must give 45 days’ notice.
• Resignation: Employees must provide 45 days’ written notice for resignation.
• Dismissal: If the company dismisses an employee for special reasons, 45 days’ notice and appropriate compensation must be provided.

Article 7: Performance Evaluation

• Evaluation cycle: Performance evaluation conducted quarterly.
• Evaluation content: Includes project completion quality, code quality, team collaboration, etc.
• Evaluation results are linked to annual salary adjustments and bonuses.

Article 8: Career Development

• Promotion opportunities: Provided based on performance evaluation results and company needs.
• Career planning: Annual career development discussion with direct supervisor.

Article 9: Dispute Resolution Labor disputes can be resolved through negotiation. If negotiation fails, they can be resolved through labor arbitration or court.

Article 10: Other

• For matters not covered in this contract, Vietnamese labor law and company regulations shall apply.
• This contract is made in two copies, each party keeps one copy.

Party A (Company Seal): Party B (Signature):

Date: Date:

2.Fixed-term Labor Contract – Example: Sales Consultant

LABOR CONTRACT

Party A (Employer): Party B (Employee):

Address: Date of Birth:

Legal Representative: ID Number:

Address: Current Residential Address:

Both parties agree to accept the terms of this fixed-term labor contract as follows:

Article 1: Job Content

• Position: Sales Consultant
• Main Duties: Develop new clients and maintain existing client relationships. Achieve sales targets and KPI indicators. Conduct product demonstrations and client training. Collect market information and provide competitor analysis. Participate in sales strategy formulation and execution
• Specific Responsibilities: Achieve monthly sales of not less than Vietnamese Dong. Submit weekly sales reports and client feedback. Maintain and update the Customer Relationship Management (CRM) system. Attend weekly sales team meetings. Assist the marketing department in collecting competitor information and market trends. Attend product training and sales skills training as required

Article 2: Contract Term This contract is a fixed-term labor contract for two years, from Year Month Day to Year Month Day. Probation period: __ months, from Year Month Day to Year Month Day.

Article 3: Working Time and Location

• Working hours: 5 days per week, Monday to Friday, 9:00-18:00.
• Work location: [Company office], frequent client visits required.
• Overtime: Compensation for overtime due to client visits, etc., as per Vietnamese labor law regulations.
• Business trips: Domestic business trips may be arranged as needed, with expenses covered by the company.

Article 4: Compensation and Benefits

• Basic salary: Vietnamese Dong/month.
• Sales commission: Calculated monthly based on sales performance.
• Transportation allowance: Vietnamese Dong/month.
• Social insurance, health insurance, and unemployment insurance: As per legal regulations.
• Paid annual leave: 12 days per year.
• Sales training: Company provides regular product and sales skills training
• Detailed sales commission rules: a. 3% of sales amount for achieving 100% of monthly target. b. 5% commission on the portion exceeding the monthly target. c. Additional bonus of Vietnamese Dong for achieving targets for three consecutive months.
• Communication allowance: Vietnamese Dong/month.
• Business entertainment expenses: Reimbursed based on actual expenses, not exceeding Vietnamese Dong per month.
• Annual top salesperson award: Vietnamese Dong.

Article 5: Confidentiality Clause Party B must keep the company’s customer information, pricing strategies, and other trade secrets confidential

• Customer resources are company property and must not be taken away or disclosed upon leaving.
• Violation of confidentiality obligations will result in corresponding legal responsibilities.

Article 6: Contract Modification and Termination

• Contract modifications require agreement from both parties.
• The contract automatically terminates upon expiration; if both parties agree to renew, negotiations should take place 30 days before contract termination.
• Probation period assessment: Evaluation to be conducted 5 days before the end of the probation period; formal employment is subject to passing this evaluation.
• Renewal: Both parties to negotiate renewal 30 days before contract expiration; renewal requires signing a new contract.

Article 7: Sales Targets

• Monthly, quarterly, and annual sales targets are set by the company and notified in writing.
• Employees have the right to propose reasonable suggestions and adjustment requests for sales targets.

Article 8: Training and Development

• Induction training: 5-day induction training provided, covering product knowledge and sales techniques.
• Ongoing training: Participate in at least one company-organized training course per quarter.

Article 9: Dispute Resolution Labor disputes can be resolved through negotiation. If negotiation fails, they can be resolved through labor arbitration or court.

Article 10: Other

• For matters not covered in this contract, Vietnamese labor law and company regulations shall apply.
• This contract is made in two copies, each party keeps one copy.

Party A (Company Seal): Party B (Signature):

Date: Date:

3.Specific Work Contract – Example: Project Manager

LABOR CONTRACT

Party A (Employer): Party B (Employee):

Address: Date of Birth:

Legal Representative: ID Number:

Address: Current Residential Address:

Both parties agree to sign this specific work contract with the following terms:

Article 1: Job Content

• Position:
• Specific Project: Project
• Main Duties: Overall responsibility for project planning, implementation, and delivery. Manage the project team, coordinate various resources c. Control project schedule, quality, and cost. Handle project risk management and issues. Communicate and report to clients and relevant parties.
• Specific Responsibilities: Develop detailed project plans, including schedules, resource allocation, and budgets. Organize weekly project meetings, report project progress. Manage and coordinate subcontractors, ensure their work meets contract requirements. Ensure on-site safety, comply with Vietnamese construction safety regulations. Handle communication and approval processes with local government departments. Control project costs, ensure they do not exceed the budget. Manage project risks, develop response measures.

Article 2: Contract Term This contract is a specific work contract, effective from Year Month Day until the termination of the project, with an estimated duration of months. If the project terminates early, the company will pay a bonus equivalent to 1 month’s salary. If the project is extended (not due to Party B’s reasons), the contract will be extended accordingly.

Article 3: Working Time and Location

• Working hours: Flexibly arranged according to project needs, typically 6 days per week.
• Work location: project site.
• On-call requirements: 24-hour on-call for emergency situations.
• Rest days: Guaranteed at least 1 rest day per week, can be flexibly arranged according to project progress.

Article 4: Compensation and Benefits

• Monthly salary: Vietnamese Dong.
• Project completion bonus: Depending on project results, up to [6] months’ salary.
• Accommodation allowance: Provided by the company near the project site.
• Social insurance, health insurance, and unemployment insurance: As per legal regulations.
• Paid annual leave: As per Vietnamese labor law regulations.
• Meals: Free meals provided on workdays.
• Project milestone bonuses: Set according to key project milestones, Vietnamese Dong bonus for each milestone.
• Safety production award: Vietnamese Dong reward if no major safety incidents occur during the project.
• Excess profit sharing: [5%] of project profits exceeding expectations as a bonus.
• Medical insurance: Additional commercial medical insurance provided on top of statutory insurance.

Article 5: Safety Responsibilities

• Party B must strictly comply with construction safety regulations and ensure project safety production.
• Must participate in safety training organized by the company and obtain relevant certificates.
• Responsible for organizing regular safety inspections and accident drills.
• In case of safety incidents, must report immediately and take necessary response measures.

Article 6: Contract Modification and Termination

• If contract extension is needed due to project changes, both parties should negotiate in advance.
• The contract automatically terminates upon early completion of the project.
• Responsible for corresponding liabilities if contract termination is due to serious project delays or quality issues.
• Both parties to negotiate if the project is suspended due to force majeure.

Article 7: Performance Evaluation

• Evaluation indicators: Include progress control, quality management, cost control, safety management, etc.
• Evaluation cycle: Monthly performance assessment.
• Evaluation results are linked to project bonuses.

Article 8: Intellectual Property and Confidentiality

• All project-related documents, drawings, data, etc., belong to the company.
• Project-related information must not be disclosed to third parties without authorization.

Article 9: Dispute Resolution Labor disputes can be resolved through negotiation. If negotiation fails, they can be resolved through labor arbitration or court.

Article 10: Other

• For matters not covered in this contract, Vietnamese labor law and company regulations shall apply.
• This contract is made in two copies, each party keeps one copy.

Party A (Company Seal): Party B (Signature):

Date: Date:

4.Part-time Contract – Example: Translator

LABOR CONTRACT

Party A (Employer): Party B (Employee):

Legal Representative: ID Number:

Address: Date of Birth:

Both parties agree to fulfill this part-time labor contract with the following terms:

Article 1: Job Content

• Position: Part-time Translator (Vietnamese-English).
• Main Duties: Translate documents related to cultural exchange activities. Provide interpretation services at international conferences and events. Assist in proofreading and editing bilingual books d. Participate in language support for cross-cultural exchange projects.
• Specific Responsibilities: Translate document types including but not limited to: conference materials, press releases, brochures, contract texts. Interpretation services include consecutive and simultaneous interpretation. Maintain and update translation glossaries. Assist in reviewing translations by other translators. Participate in planning and execution of cross-cultural exchange activities.

Article 2: Contract Term This contract is a temporary labor contract for [1] year, from Year Month Day to Year Month Day.

Article 3: Working Time and Location

• Working hours: [3] days per week ([Monday, Wednesday, Friday]), [4] hours per day ([14:00-18:00]).
• Work location: may require off-site work for special events.
• Flexible work: Translation tasks can be completed at home, but must be delivered on time.
• Additional work: May be required to work outside specified hours for urgent tasks, calculated at 1.5 times the hourly wage.

Article 4: Compensation and Benefits

• Hourly rate: [150,000] Vietnamese Dong/hour.
• Overtime pay: Translation services outside working hours calculated at [1.5] times the hourly rate.
• Salary payment: Previous month’s salary paid by the [5th] of each month.
• Social insurance and health insurance: As per Vietnamese law regarding part-time employees.
• Paid leave: Calculated proportionally based on actual working time.
• Interpretation allowance: Additional [50,000] Vietnamese Dong/hour when providing interpretation services.
• High-difficulty text translation: 20% hourly rate increase for technical or legal document translation.
• Translation tools: Company provides access to professional translation software.
• Training opportunities: Can attend one professional translation training per year, expenses reimbursed by the company.

Article 5: Confidentiality Clause

• Party B must keep confidential any sensitive information encountered during work.
• Must not retain or use translated documents without permission.
• Sign a separate confidentiality agreement detailing confidentiality obligations and breach of contract responsibilities.

Article 6: Contract Modification and Termination

• Can negotiate adjustment to full-time if workload significantly increases during the contract period.
• Either party terminating the contract should notify the other party 15 days in advance.
• Quality issues: Company can immediately terminate the contract in case of major translation errors.
• Workload changes: If workload consistently exceeds the specified amount, both parties can negotiate contract adjustment.

Article 7: Work Quality

• Translation quality standards: Accuracy, fluency, professionalism; detailed standards see appendix.
• Quality checks: Company regularly conducts spot checks on translation quality.
• Feedback mechanism: Establish client feedback channels to improve translation quality promptly.

Article 8: Intellectual Property

• Copyright of all translation works belongs to the company.
• Terminology databases accumulated during work for the company belong to the company.

Article 9: Dispute Resolution Labor disputes can be resolved through negotiation. If negotiation fails, they can be resolved through labor arbitration or court.

Article 10: Other

• For matters not covered in this contract, Vietnamese labor law and company regulations shall apply.
• This contract is made in two copies, each party keeps one copy.

Party A (Company Seal): Party B (Signature):

Date: Date:

5.Temporary Work Contract – Example: Farm Worker

LABOR CONTRACT

Party A (Employer): Party B (Employee):

Address: Date of Birth:

Legal Representative: ID Number:

Address:

Both parties agree to consume this labor contract with the following terms:

Article 1: Job Content

• Position: Temporary Coffee Picker
• Main Duties: Pick ripe coffee beans. Preliminary selection and classification of picked coffee cherries. Assist in transporting coffee cherries to processing areas. Maintain basic growth environment for coffee trees. Comply with all farm operating procedures
• Specific Responsibilities: Pick coffee cherries according to specified techniques and standards. Use provided tools and equipment, ensure no damage to coffee trees. Preliminary screening to remove unqualified coffee cherries. Correctly use and maintain picking tools. Comply with field hygiene regulations, keep work area clean. Promptly report any discovered pest or disease situations. Attend weekly brief work report meetings to understand picking details and quality requirements. Help record daily picking quantity and quality data.

Article 2: Contract Term This contract is a seasonal labor contract for [3] months, from Year Month Day to Year Month Day (coffee picking season). The contract period may be slightly adjusted according to actual crop conditions, but not exceeding [4] months. If special weather conditions lead to an extended picking season, both parties can negotiate to extend the contract period.

Article 3: Working Time and Location

• Working hours: [6] days per week, Monday to Saturday, [6:00-11:00, 14:00-17:00].
• Work location:
• Break time: [15-minute] break provided in the morning and afternoon
• Rainy day work arrangements: Work arranged according to actual conditions on rainy days, ensuring worker safety.
• Lunch time: [11:00-14:00], company provides meals.
• Overtime: If overtime is required due to special circumstances, employee consent must be obtained and overtime pay will be paid according to labor law regulations.

Article 4: Compensation and Benefits

• Piece-rate wage: Vietnamese Dong/kg of picked coffee cherries.
• Full attendance bonus: Vietnamese Dong reward for full attendance each month.
• Salary payment: Weekly settlement and payment of that week’s wages every Sunday.
• Meals: Lunch provided.
• Accommodation: Basic dormitory provided.
• Accident insurance: Employer purchases accident insurance for light agricultural workers.
• Quality bonus: Additional [1,000] Vietnamese Dong per kg of high-quality coffee cherries (no impurities, high ripeness).
• Efficiency bonus: For daily picking exceeding [50] kg, [2,000] Vietnamese Dong bonus per kg for the excess portion.
• End-of-season bonus: Vietnamese Dong reward for completing the entire picking season without disciplinary issues.
• Work injury insurance: Company purchases work injury insurance for regular employees.
• Transportation allowance: Provides round-trip transportation allowance for non-local workers.
• Holiday work: If work is required on statutory holidays, overtime wages will be paid according to law.

Article 5: Safety and Hygiene

• Employer provides necessary labor protection equipment (such as gloves, sun hats, etc.).
• Employees must participate in safety training and comply with safe operation procedures.
• Basic medical kit and first aid training provided.
• Regular safety production training, including high-altitude operations, pesticide protection, etc.
• Ensure emergency and sanitation facilities are available at the workplace.
• Increase rest time and provide heat prevention supplies during hot weather.
• Strictly prohibited to drink alcohol or use safety-affecting drugs during work hours and at the workplace.
• Employees can and have the obligation to immediately report to management if safety hazards are discovered.

Article 6: Contract Modification and Termination

• Can negotiate appropriate extension or reduction of period due to weather or other factors affecting the picking season.
• Contract automatically terminates upon expiration.
• Employees needing to terminate the contract early for personal reasons should notify the employer 3 days in advance.
• If the employer needs to terminate the contract early due to changes in business conditions, they should notify the employee 5 days in advance and provide appropriate compensation.
• If the contract cannot continue to be performed due to force majeure factors, neither party shall bear responsibility.

Article 7: Discipline and Rewards/Punishments

• Employees must comply with the farm’s ethical system.
• Strictly prohibited to pick unripe coffee cherries or intentionally damage coffee trees.
• Smoking, drinking, or fighting at the workplace is prohibited
• In addition to material rewards for excellent performance, priority consideration for rehiring next season may be given.
• The farm has the right to immediately terminate the labor contract for employees with serious disciplinary violations.

Article 8: Dispute Resolution Labor disputes should be resolved through negotiation. If negotiation fails, they can be resolved through the local labor arbitration committee or court.

Article 9: Other Clauses

• For matters not covered in this contract, Vietnamese labor law and farm charity systems shall apply.
• Employees have the right to participate in and form labor union organizations.
• The employer should respect employees’ ethnic customs and religious beliefs.
• This contract is made in two copies, each party keeps one copy, both having equal legal effect.

Party A (Company Seal): Party B (Signature):

Representative Signature: Date:

6.Foreign Employee Labor Contract – Example: International Business Development Manager

LABOR CONTRACT

Party A (Employer):

Address:

Legal Representative:

Party B (Employee): Nationality:

Passport Number: Permanent Address:

Both parties agree to sign a labor contract according to the following terms:

Article 1: Job Content

• Position: International Business Development Manager.
• Main Duties: Develop and manage international client relationships b. Formulate and execute international market expansion strategies. Coordinate multinational project implementation. Conduct market research and competitive analysis. Represent the company at international trade exhibitions and business negotiations.
• Specific Responsibilities: Complete 5 international client insight activities (online or offline) each month. Submit detailed market analysis reports quarterly. Responsible for training local employees in international business knowledge and skills. Assist the HR department in recruiting international talent.

Article 2: Contract Term

• Contract Type: Fixed-term contract.
• Contract Duration: [2] years, from Year Month Day to Year Month Day.
• Probation Period: [2] months, from Year Month Day to Year Month Day.

Article 3: Working Time and Location

• Working hours: [5] days per week, Monday to Friday, [9:00-18:00].
• Work location: Company headquarters, frequent business trips required.
• Overtime: May require overtime due to international business needs, compensated according to Vietnamese labor law regulations.
• International business trips: Estimated [30-60] days per year, specific arrangements will be notified in advance.

Article 4: Compensation and Benefits

• Basic salary: USD/month (paid in Vietnamese Dong at current exchange rate).
• Performance bonus: Up to [30%] of annual salary based on annual performance.
• Housing allowance: USD/month.
• Transportation allowance: USD/month.
• International medical insurance: Comprehensive international medical insurance provided by the company.
• Annual leave: [18] days of paid annual leave per year, excluding Vietnamese statutory holidays.
• Home leave: One round-trip economy class ticket to home country provided annually.
• Children’s education allowance: Up to [10,000] USD annually for international school tuition fees.
• Relocation allowance: [5,000] USD provided as relocation allowance.
• Language learning allowance: Vietnamese language learning courses provided, expenses covered by the company.

Article 5: Work Permit and Residence Rights

• Company is responsible for assisting with the processing of necessary documents for work permits, temporary residence cards, etc.
• Employee needs to provide necessary personal documents and information.
• Related expenses are borne by the company.

Article 6: Taxation

• Personal income tax is withheld and paid by the company.
• Company will provide tax consulting services to assist employees in understanding and fulfilling their tax obligations in Vietnam.

Article 7: Confidentiality and Non-competition

• Employee must keep the company’s trade secrets, customer information, etc. confidential.
• For 12 months after leaving the company, the employee must not engage in work that competes with the company in Vietnam.

Article 8: Contract Modification, Termination, and Expiration

• Contract modifications require agreement from both parties.
• Any early termination of the contract requires 60 days’ written notice to the other party.
• Both parties must negotiate whether to renew the contract 60 days before the contract expires.

Article 9: Applicable Law and Language

• This contract is governed by Vietnamese law.
• The contract is written in Vietnamese and English, both texts having equal validity. In case of discrepancies, the Vietnamese text shall prevail.

Article 10: Dispute Resolution Labor disputes should be resolved through negotiation. If negotiation fails, they can be resolved through Vietnamese labor arbitration committee or court.

Article 11: Other

• Employee agrees to comply with Vietnamese laws and regulations and company ethical charity systems.
• Company encourages employees to provide necessary cross-cultural training to help them adapt to work and life in Vietnam.
• For matters not covered in this contract, Vietnamese labor law and company regulations shall apply.

This contract is made in three copies, written in Vietnamese and English, with the company, employee, and relevant government department each keeping one copy.

Party A (Company Seal): Party B (Signature):

Representative Signature: Date:

This foreign employee labor contract contains many special clauses, considering the special needs of foreign employees and legal requirements. When actually using it, it may need to be adjusted according to specific situations, company policies, and the latest Vietnamese labor laws and foreign employment-related regulations. It is strongly recommended to consult local legal advisors before formal use, especially when dealing with foreign employee employment issues, to ensure full compliance with accounting legal requirements.