Domestic workers, including nannies and childminders, are a labour group the Labour Code 45/2019/QH14 regulates in its own chapter with several rules differing from ordinary employment. A family hiring a nanny in Vietnam should grasp three foundations: when a written labour contract is required, who bears liability if the child is injured on the nanny’s watch, and the insurance duties toward the domestic worker.
Is a labour contract mandatory when hiring a nanny?
The Labour Code 45/2019/QH14 devotes separate articles to domestic workers, requiring the employer to sign a written labour contract with the domestic worker, to notify the local labour authority of the engagement, and to respect agreed working time, rest, lodging and meals. The family’s contract should specify the childcare scope, hours, rest days, salary and early-termination handling. Where the nanny is hired through a service company, the labour relationship sits between the worker and that company, while the family is a service user under a civil contract with the company.
The nanny injures the child: who is liable?
Liability layers by fault and legal relationship. A domestic worker whose fault harms the child must compensate under the non-contractual damage principles of the Civil Code 91/2015/QH13; where the harm occurs while performing the assigned work, the household or the service company as the employing side may bear joint or vicarious liability with recourse by fault. Intentional harm to a child additionally attracts administrative or criminal handling independent of civil compensation. Families reduce risk through background checks, a supervised trial period and written child-safety rules from day one.
Must social insurance be contributed for a domestic worker?
Compulsory social insurance for domestic workers does not apply mechanically as it does for enterprise employees; the Labour Code 45/2019/QH14 requires the employer to pay an additional amount together with the salary so the domestic worker can join social and health insurance voluntarily, unless the parties agree another lawful mechanism. The contract should itemise salary and this insurance support separately. Skipping the insurance arrangement is a common omission that erupts into dispute when the worker falls ill or leaves after a long engagement.
Practical steps: always sign a written labour contract with a directly hired nanny, specifying childcare duties, hours, the insurance support amount and child-safety rules; when hiring through a company, check the service contract and the company’s compensation liability clauses.
Frequently Asked Questions
Must a nanny have a labour contract?
Yes, when hiring directly: the Labour Code 45/2019/QH14 requires a written labour contract with a domestic worker and notification to the local labour authority. Hiring through a service company places the labour relationship with that company.
If the nanny injures the child, who is liable?
A nanny at fault must compensate under the Civil Code 91/2015/QH13; harm occurring within the assigned work may also engage the employing household or service company, with recourse by fault. Intentional harm is additionally handled administratively or criminally.
Must social insurance be paid for a domestic worker?
Not mechanically as for enterprise employees. The Labour Code 45/2019/QH14 requires paying an extra amount with the salary for the domestic worker to join social and health insurance voluntarily, and the contract should state that amount separately from wages.
