Employer Doc. No.

NSRP Complex Project Rev.0

Rev.

Contractor Doc. No.

Title: Human Resource Management Plan Page 1 of 5
S-000--1654-0990V
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Attachment 1
Specimen Employment Contract
(Local Employee)

Name of Company : SOCIALIST REPUBLIC OF VIETNAM

No: Contract Number Independence-Freedom
Independence Freedom-Happiness
Happiness
Date of Contract :
Day Month Year
EMPLOYMENT CONTRACT

We are, from one side : Name of Company Representative

Position :
Nationality :
On behalf of : Name of Company
Address : Company Address
Telephone : Company Telephone

Hereinafter referred to as Employer or Company

Company;

And from other side : Name of Employee

Gender :
Date of birth : [Day/ Month
Month/ Year]
Year
Place of birth :
Occupation : Title in Project
Permanent address : Employee`s Address
ID card number : Employee`s ID Number
Issued on : at:
Labor book (if any) :
Issued on : at:

Hereinafter referred to as Employee

Employee;

Agree to sign this Employment CContract (hereinafter

hereinafter referred to as the “Contract”
“Contract”) and commit
comm
to implement the following provision
provisions:
ARTICLE 1. TERM AND WORK CONTRACT
- Type of Employment Contract : Definite term of 12 months
- Duration of Contract : From Day Month Year to Day Month Year
- Probation period : From [__/__/__] to [__/__/__]
- Place of work : The employee shall perform this Contract in the

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 Employer Doc. No.
NSRP Complex Project Rev.0
Rev.

Contractor Doc. No.

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NSRP Project site [Specify - Specific Address of NSRP

Project Site should be clarified here] in Thanh
Than Hoa and,
and [to
the fullest extent permitted by law,
law,] any other places as
may be reasonably requested from time to time by the
Employer due to the requirement of work
- Position : [Specify
Specify - ]
- Description of work : Follow up strictly the Job Description, which is attached
hereto as Appendix A.A

ARTICLE 2. WORK CONDITION

- Working hours : The normal working
king hours per week shall be 448 hours;
from Monday to Saturday.
Saturday
Overtime working may be required upon job circumstances
for the day and subject to the law
law.
Working on Sundays or weekdays beyond the normal
working hours may be calculated as working overtime.
- Working time :

- Rest time :

- Working equipment : The Employee

mployee shall be provided with facilities and
equipment necessary for the performance of the contract.
The Employee
mployee undertakes to return immediately to the
Company
ompany at the termination of the Employment Contract
all facilities and equipment put at his/her disposal during
his/her employment with the Employer
mployer.

ARTICLE 3. OBLIGATIONS, RIGHT RIGHTS AND BENEFITS OF THE EMPLOYEE

1- Right
Rights and benefits:
- Monthly Basic Salary : VND /month (in words: …)
- Transportation Allowance : VND /month (in words: …)
- Grade :
- Form of paying salary : By remittance into the Employee’s Bank account
- Date of paying salary : On the 25th day of every month or the immediately
preceding working day if the 25 th day is not a working day.
- Overtime:
Overtime payment shall be made in accordance with Vietnamese Labor Law Laws. [To
To the fullest
extent permitted by law,]
law, iit is understood that oovertime
vertime shall be paid only if working
overtime has been expressly required by the Employer.
mployer.
- Thirteen month salary :

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- Regime for raising salary:

Subject to performance of the Employee mployee’s’s duties and rresult
esult of operation of the
Employer
mployer in the previous year
year, the Employer
mployer may consider to increase salary for the
Employee
mployee in January of the next year and in compliance with the Company’s ompany’s policy.
- Labor protections and safety:
The EEmployer
mployer and the Employee
mployee have to ensure following the Labor Laws about labor
hygiene and safety.
- Annual leave and Public
Public holidays:
The EEmployee
mployee reserves rights to receive full salary for an annual leave of twelve (12) days.
In case where the Employee has less than a calendar year of service
service,, he/she shall be entitled
to take annual leave at a pro
pro-rata
rata basis according to the number of actual months of service.
And then annual leave shall be calculated on a calendar year basis starting from the clo close of
the first working year of the E
Employee.
Subject to the annual leave schedule stipulated by the Company, the Employee must take
their annual leave for each year before the end of each calendar year and the expiry of tthe
Employment Contract. If the Employee
mployee wants to take annual leave, the applicat
application
ion for annual
leave shall be made [45]] days prior to the intended leave and the Employee
mployee shall be entitled
to take annual leave only upon approval of the Employer.
mployer.
Where an Employee
mployee fails to take her/his annual leave due to the requirements of work and
subject to consideration and approval of the employer, the Employeemployee shall be entitled to
receive payment in lieu in compliance with Vietnamese Labor Law Laws.
The EEmployee
mployee shall be entitled to national holiday or special leaves according to Vietnamese
Labor Law
Laws.

- Social Insurance, Health and Unemployed Insurance:

Employee will be covered by insurance in accordance with the relevant laws of Vietnam

- Regime of vocation training:

The EEmployee
mployee shall be attending tthe he training courses based on Company’s
ompany’s regulation. The
choice of training courses shall be subject to the approval of the Employer Employer and in
that case, the Employee is required to sign the training contract with the Employer.
mployer. The
conditions of th
thee training contract shall be agreed by both parties.

- Employee Organization:
Organization
The EEemployee`s
employee`s right as per Vietnamese labour code is reserved which including forming
forming
Employee
mployee organization and and or joining such organization and there will be no harm of
relationship, ddirectly
irectly or indirectly, between The Employer
mployer and The Employee
mployee because of
Employee
mployee organization related activities.

- Other agreements:

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The E Employee
mployee shall be liable for the payment of any personal income tax due in connection
with his /her salary and allowances as provided under Vietnamese regulations. However, in
compliance with prevailing Vietnamese regulation on personal income tax, the Employer
mployer will
deduct the tax liability of the Employee
mployee from his/her monthly salary and allowances,
allowances, and pay
it to the competent tax authority on his/her behalf.

2. Obligations:
- The E Employee
mployee shall perform his/her duties as defined in this Employment Contractt with
endeavor, diligence and highest sense of responsibility.
- The EEmployee
mployee shall comply with the direct order of his/her superiors, the internal rules of the
Employer,
mployer, and rules on labor safety and health.
- The E Employee
mployee shall be liable for any damage causcaused
ed by his/her act in accordance with the
laws of Vietnam and internal rules of the Employer.
- The EEmployee
mployee shall comply with the Laws of Vietnam.
ARTICLE 4. OBLIGATIONS
OBLIGATIONS AND RIGHTS OF EMPLOYER
1. Obligations:
- The Employer
mployer shall assure to work for the Employee
mployee in conformity with the signed
Employment Contract and perform all the commitments undertaken in the Employment
Contract.
- The EEmployer
mployer shall provide the Employee
mployee in full and in time with all rights and interests in
accordance with the Employment Contract.
tract.
- The EEmployer
mployer shall comply with the Laws of Vietnam.

2. Rights:
- To manage the Employee
Employee to fulfill the works in accordance with the Employment Contract
ontract
(assign, appoint, postpones . . .)
- To postpone, terminate the Employment Contract, penalty the Employee in accordance with
the law, collective Employment agreement (if any) and internal Employment
regulations of the enterprise.
- The E Employer
mployer shall have any and all powers provided for by the Laws of Vietnam.
-
ARTICLE 5. TERMINATION OF THE CONTRACT
- The Employment Contract may be terminated in compliance with the conditions provided for
by the laws of Vietnam and the internal rules of the employer, and with a prior written notice
as provided for by the Vietnamese Labour Laws.
- Following such a termination, the rights and obligations of the EEmployer
mployer and the Employee
mployee
shall be as provided for by the laws of Vietnam. The Employee
mployee is responsible to hand
hand--over
the job and all equipment provided to him to the Employer in accordance with the internal
rules of the employer.

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NSRP Complex Project Rev.0
Rev.

Contractor Doc. No.

Title: Human Resource Management Plan Page 5 of 5
S-000--1654-0990V
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ARTICLE 6. IMPLEMENTATION PROVISIONS

- The problems concerning with labor which are not defined in this Employment Contract shall
be applied with provisions of Collective
ollective Employment Agreement.
greement. In case of not having
Collective
ollective Employment Agreement
greement shall be applied regulations of Employment legislation.
legislation
- All conflicts occurred from the Contract
ontract are firstly solved through negotiations and
reconciliation. If both parties cannot reach an agreement, such conflict will be solved
solved in
accordance with the laws of Vietnam
Vietnam.

This Employment Contract is made in 4 copies (02 in English and 02 in Vietnamese) of

equal validity which comes into force as from June 01, 2013. Each
Each party shall keep 02 copies. In
case where any addendum to this Employment Contract is made in the future, such addendum
shall have the same validity as this Employment Contract.

This Employment Contract is made at [Place

Place ] on [Date Month Year]
EMPLOYER EMPLOYEE
(Sign
Sign and stamp)
stamp (Sign)

______________ _________________
Write full name Write full name

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