EMPLOYMENT CONTRACT
No.: …./20…/HĐLĐ-…

– Pursuant to the Civil Code of 2015 and related implementing guidelines;

– Pursuant to the Labor Code of 2019 and related implementing guidelines;

– Based on the needs of the parties.

Today, on … of …, at the headquarters of … Company, located at … We, the undersigned,:

Agree to sign the employment contract and commit to complying with the following terms:

ARTICLE 1: TERM, LOCATION, AND CONTRACT WORK

1.1. Contract Term:

1.2. Work location: …

1.3. Job:

ARTICLE 2: INCOME

2.1. Basic salary: … VND/month (In words: … dong per month). 

Basic salary not yet/already including applicable taxes and fees (if any) and is used as the Social Insurance contribution rate.

2.2. Other allowances: 

+ Lunch: … VND/month (In words: … dollars per month).

+ Gasoline: … VND/month (In words: … dollars per month).

+ Phone: … VND/month (In words: … dollars per month).

2.3. Methods of payment for salaries and allowances:

a) Salary payment method: Bank transfer/Cash or other methods as agreed by both parties.

b) Payment deadline: Between the 1st and 5th day of the month following the month in which the income was generated.

2.4. Salary increase policy: According to the Company's Salary and Bonus Regulations.

2.5. Performance-based bonuses: The bonus amount is based on an assessment of Party B's capabilities and the company's business results for the fiscal year. The company will decide and publicly announce to employees the method of assessing capabilities, the method of awarding bonuses, and the bonus ratio at the beginning of each fiscal year or in accordance with the Salary and Bonus Regulations.

ARTICLE 3. WORKING REGIME

3.1. Working hours:

a) From Monday to Friday morning

– Morning: from 8:00 AM to 12:00 PM

– Afternoon: from 1:30 PM to 5:30 PM

b) Depending on the nature of the work, business needs, or the needs of the organization/department, the Company may apply flexible working hours. Employees subject to flexible working hours may not adhere to a fixed regular work schedule but may work in shifts, provided they still ensure sufficient working hours as required and guarantee the rights and interests of employees.

3.2. Rest time: 

a) Weekly rest days: Saturday and Sunday.

b) Holidays and festivals: in accordance with the provisions of the Labor Code

c) Annual leave: Employees who have worked for 12 months are entitled to annual leave with full pay for 12 days. Employees may take their leave in multiple installments or as a single block within one calendar year. In the case of annual leave, employees must submit a leave request at least three days before the start date of the leave and must obtain approval from the Department Head.

ARTICLE 4. RIGHTS AND OBLIGATIONS OF PARTY B

4.1. Benefits:

a) Transportation for work: The company will arrange transportation when there is a work schedule based on work requirements.

b) Be entitled to salary, allowances, bonuses, and leave in accordance with the provisions of this Contract and the Company Regulations.

c) Be entitled to social insurance, health insurance, and unemployment insurance in accordance with current regulations.

d) Be entitled to training programs according to the job requirements and arrangements of Party A. Accordingly, Party A shall sponsor and propose vocational support courses for Party B to participate in, with the aim of developing professional skills. In this case, Party A and Party B shall sign a training agreement when it arises.

d) Unilaterally terminate the Contract in accordance with the law, the Company's Rules and Regulations.

e) Other rights as prescribed by law, the Company's Regulations and Rules.

4.2. Obligations:

a) If Party B wishes to terminate the employment contract before the expiration date, they must notify the Company in advance within the time limit specified in the Labor Code and must be responsible for handing over all work currently under their responsibility to the relevant person.

b) The Company shall have the right to claim compensation when Party B intentionally fails to deliver or delivers incompletely the work, documents, and other materials related to the work that Party B is responsible for storing and managing. 

c) Complete the tasks assigned in accordance with the commitments in the Employment Contract. Party B shall be directly managed by the Head of Department and the Director (or/and individuals appointed or authorized to be in charge).

d) Comply with the Company's internal rules and regulations.

d) Party B must provide Party A with truthful information regarding their full name, date of birth, gender, place of residence, educational background, professional skills, confirmation of health status, and other matters directly related to the conclusion of the employment contract as requested by Party A.

e) Party B shall comply with the confidentiality obligations under the signed Confidentiality Agreement.

f) Compensation for violations and damages caused to the company in accordance with regulations.

g) Other obligations as stipulated in this Contract, the Labor Code, Regulations, and Internal Rules.

ARTICLE 5. RIGHTS AND OBLIGATIONS OF PARTY A

5.1. Authority: 

a) Assign, supervise, and urge Party B to complete the assigned tasks.

b) Direct Party B to complete the work under the contract (arrangement, transfer, suspension of work).

c) Temporarily suspend the performance of this Contract by agreement, in accordance with the Labor Code or the Company's Rules and Regulations.

d) Termination of contract, disciplinary action in accordance with the provisions of the Labor Code, Collective Labor Agreement, Company Regulations, and Internal Rules.

d) Unilaterally terminate the Contract in accordance with the law, the Company's Rules and Regulations.

e) Other rights of Party A under the Labor Code, Company Regulations, and Company Rules.

5.2. Obligations:

a) Party A must provide Party B with truthful information regarding the job, work location, working conditions, working hours, rest periods, safety, occupational health, wages, form of payment, social insurance, health insurance, unemployment insurance, regulations on the protection of business secrets, protection of technological secrets, and other issues directly related to the conclusion of the labor contract that Party B requests.

b) Make full and timely payments for all benefits and entitlements to Party B in accordance with this Contract, the Company's Regulations and Rules.

c) Ensure working conditions and fully implement the commitments made in this Contract, the Company's Rules and Regulations. Party A is responsible for ensuring occupational safety and hygiene, providing protective equipment (if any) and safety training for Party B.

d) Training and professional development to enhance the professional skills and employment of Party B in accordance with the agreement and company regulations; 

d) Ensure full implementation of social insurance programs in accordance with regulations; 

e) Other obligations under this Contract, the Labor Code, the Company's Rules and Regulations.

ARTICLE 6. CIRCUMSTANCES FOR TERMINATION OF THE CONTRACT

6.1. Upon expiration of the labor contract and if the parties do not enter into a new contract, the rights and obligations of the parties shall automatically terminate.

6.2. Both parties agreed to terminate the employment contract before its expiration date.

6.3. Party B was disciplined with dismissal in accordance with the Company's Regulations, Rules, and the Labor Code. 

6.4. One party unilaterally terminates the employment contract and must give prior notice to the other party in accordance with the provisions of the Labor Code.

6.5. Party A terminates Party B's employment in accordance with labor laws.

6.6. Other cases as stipulated by the Labor Code.

ARTICLE 7. CONFIDENTIALITY CLAUSE

Party B undertakes not to disclose any information or documents containing confidential information of Party A, Party A's customers, or Party A's affiliates, even after the termination of this Agreement, except when required to disclose information in accordance with the law or by order of a competent state agency, or when Party A has agreed to the disclosure or publication of such confidential information to the public. Party B undertakes not to buy, sell, use, transfer, or profit in any way from disclosing confidential information that it has obtained or learned during its work at the company to any third party.

ARTICLE 8. GENERAL PROVISIONS

8.1. Throughout the term of this contract, if any changes or adjustments arise in relation to this contract, such changes or adjustments must be documented in writing and signed by both parties before they take effect.

8.2. For the purposes of this Agreement, a force majeure event (“Force Majeure Event”) is an unforeseeable event beyond the control of one or more parties, such as an emergency order issued by a competent authority, changes in laws or government policies, epidemics, natural disasters, or war.

In the event of force majeure, the Party unable to perform/fully perform its obligations due to force majeure shall not be deemed to be in breach of contract. However, if the Party affected by force majeure fails to notify the other Parties within 07 (seven) days from the date of occurrence of force majeure, it shall still be deemed to be in breach of contract. The parties shall negotiate on the option to continue performing the Contract or terminate this Contract within 15 days from the date Party B receives the Notice.

8.3. In the event that any provision or clause of this contract is invalid or unenforceable pursuant to a decision or judgment of a competent state authority, the remaining provisions and clauses of the contract shall remain valid and enforceable between the parties.

8.4. Issues not covered in this contract shall be governed by the provisions of the collective bargaining agreement, the Company's Rules and Regulations, and its Internal Regulations.

8.5. This contract is made in two (2) Vietnamese copies of equal legal validity, each party retaining one (1) copy, and shall take effect from the date of signing.

Link: Employment contract template