FDI companies and employers of foreign workers in Vietnam commonly use bilingual Vietnamese–English labor contracts. But be clear from the start: Vietnamese law does not require labor contracts to be bilingual and issues no official bilingual template. Bilingual contracts serve a practical need — while the legal substance must satisfy the 10 mandatory items of Article 21, Clause 1 of the 2019 Labor Code in every contract.
1. When does a company need a bilingual template?
Not legally required, but a bilingual template is needed when: a foreign-invested enterprise wants a uniform document for internal governance; foreign employees work in Vietnam; the contract accompanies a work permit dossier. In one language or two, the governing framework remains: the Labor Code 2019 (45/2019/QH14), Circular 10/2020/TT-BLDTBXH (guiding labor contract content), and Decree 145/2020/ND-CP.
2. Checklist of the 10 mandatory items (Article 21, Clause 1)
A labor contract missing any of the following 10 items is legally deficient (detailed in Chapter II of Circular 10/2020/TT-BLDTBXH):
- (a) Name and address of the employer; full name and title of the person concluding the contract on the employer’s side;
- (b) Full name, date of birth, gender, residence, citizen ID/ID card or passport number of the employee;
- (c) Job description and work location;
- (d) Term of the labor contract;
- (dd) Wage by job/title, wage payment form, wage payment period, allowances and other additional payments;
- (e) Wage scale promotion and wage raise regime;
- (g) Working hours and rest time;
- (h) Labor protection equipment for the employee;
- (i) Social insurance, health insurance and unemployment insurance;
- (k) Training, refresher and vocational skill improvement.
Form: concluded in writing, made in 02 copies, each party keeping 01 (Article 14). Contract types (Article 20): only 02 types remain — indefinite term and definite term (up to 36 months); seasonal contracts no longer exist.
3. Language-preference clause: strong recommendation, not a statutory duty
Practice recommends presenting the bilingual template in two columns (Vietnamese–English) with a clause stating: “in case of conflict between the two versions, the Vietnamese version prevails”. This is a practical recommendation — labor disputes in Vietnam are resolved under Vietnamese law, and dossiers filed with state authorities (social insurance, work permits…) are in Vietnamese. Never write that “the law requires a language-preference clause” — the law imposes no such obligation.
4. English–Vietnamese terms must match the legal meaning
Translations in a bilingual contract must reflect the correct Vietnamese legal concepts, for example:
- Probation = thử việc: maximum probation periods under Articles 24–27 of the Labor Code — 180 days (enterprise managers), 60 days (college degree or higher), 30 days (intermediate level, skilled workers), 06 days (other jobs). A probation contract needs only abbreviated content (Article 24, Clause 2), not all 10 items.
- Wages must not be lower than the 2026 regional minimum wage (Articles 90, 91 of the Labor Code): Decree 293/2025/ND-CP (effective 01/01/2026, replacing Decree 74/2024) sets — Region I: VND 5,310,000/month (VND 25,500/hour); Region II: 4,730,000 (22,700); Region III: 4,140,000 (20,000); Region IV: 3,700,000 (17,800).
5. Clauses to keep out of the template and common traps
- Keeping originals of identity papers, diplomas or certificates of employees is prohibited (Article 17) — a clause requiring submission of original diplomas as security is unlawful.
- Missing mandatory items → fines of VND 2–25 million depending on the number of employees (Article 15, Clause 1 of Decree 283/2026/ND-CP); organisations are fined double the individual level (Article 7).
- The “collaborator contract” trap: an agreement called otherwise (collaborator, service contract…) whose substance shows paid work under management, administration and supervision → still a labor contract (Article 13, Clause 2).
- Foreign employees: contract content must match the work permit — under Decree 219/2025/ND-CP (effective 07/8/2025, replacing Decree 152/2020); never cite Decree 152/2020.
- A contract appendix (Article 22) may not amend the term of the labor contract — watch out when the template includes extension/amendment appendices.
- Confidentiality and trade-secret agreements should be separate documents or separate clauses (Article 21, Clause 2).
Do not use old templates: not the labor contract template of Circular 47/2015/TT-BLDTBXH (expired 01/01/2021) nor Decree 05/2015/ND-CP (expired).
Transitional provisions (Article 67 of Decree 283/2026/ND-CP): violations that occurred and ended before 10/9/2026 are sanctioned under Decree 12/2022/ND-CP; violations that began before but continue after 10/9/2026 are sanctioned under Decree 283/2026/ND-CP; and sanctioning decisions issued before 10/9/2026 that remain under complaint are governed by the law in force at the time of issuance.
FAQs
Does the law require bilingual labor contracts?
No. The law does not require bilingual contracts and issues no official bilingual template; bilingual drafting is a practical business need.
Which version prevails on conflict — Vietnamese or English?
The practical recommendation: stipulate that the Vietnamese version prevails — a recommendation, not a statutory duty.
How many mandatory items must a labor contract contain?
The 10 principal items under Article 21, Clause 1 of the 2019 Labor Code.
Does a probation contract need all 10 items?
No. A probation contract needs only abbreviated content (Article 24, Clause 2).
Can a “collaborator contract” dodge the Labor Code?
No. Paid work under management, administration and supervision is still a labor contract (Article 13, Clause 2), whatever it is called.
Cited legal bases
- Labor Code 45/2019/QH14: Articles 13, 14, 17, 20, 21, 22, 24–27, 90, 91, 124–128.
- Circular 10/2020/TT-BLDTBXH guiding labor contract content (Chapter II).
- Decree 145/2020/ND-CP guiding the Labor Code.
- Decree 283/2026/ND-CP: Article 15, Clause 1 (sanctions); Article 7 (organisations fined double); Article 67 (transitional provisions).
- Decree 293/2025/ND-CP on 2026 regional minimum wages (replacing Decree 74/2024).
- Decree 219/2025/ND-CP on foreign employees (replacing Decree 152/2020).
Need a bilingual labor contract covering all 10 mandatory items under the Labor Code? Contact FLAT Law Firm via the Contact page.
The information above is for reference only and does not constitute legal advice.
Transparency note: This article was drafted by FLAT Law Firm’s AI content production system and is awaiting review by the QA Council. It has not been reviewed by a human lawyer.
