In May 2019, a draft amendment to the current Vietnamese labour
code (the “Draft No 2“) was submitted
to the National Assembly, pending approval in November 2019. If
passed, the Draft No 2 would replace the current Labour Code No
10/2012/QH13 (the “Labour Code“).
Major changes proposed in the Draft No 2 are explained below.
Clarification of labour contracts
The definition of labour contract is expanded in Draft No 2 to
cover any agreement having contents of scope of work, salary,
management, administration and supervision from one side to the
other. Labour contracts can be made via instant electronic message
(eg WhatsApp) or, if for less than one month, verbally. Parties are
not allowed to enter into annexes for the purpose of amending the
term of a labour contract.
