In the context of economic development and international integration, the conclusion of labor contracts is one of the most significant and common activities within labor relations in Vietnam. According to the 2019 Labor Code, to ensure the rights and obligations of the parties involved in labor relations, the law clearly stipulates the entities eligible to enter into labor contracts. This article will provide a detailed analysis of these entities, the necessary conditions for recognizing their right to conclude contracts, as well as the legal significance of these provisions in protecting the rights of both employees and employers.

I. Provisions of the 2019 Labor Code Regarding Entities Authorized to Conclude Labor Contracts

According to the 2019 Labor Code, entities authorized to enter into labor contracts include two main parties: employees and employers. An employee is an individual who is at least 15 years old, capable of working, and voluntarily participates in labor relations with an employer. Meanwhile, an employer can be an organization, enterprise, agency, cooperative, household, or individual who has the authority to hire and use employees based on a labor contract.

Article 18 of the 2019 Labor Code clearly defines the conditions under which employees can participate in concluding labor contracts. Accordingly, employees must have full civil capacity. Those who are 18 years old or older are considered to have full civil capacity. However, in the case of employees aged from 15 to under 18, written consent from their legal representative is required. This provision aims to ensure transparency and fairness in the contract conclusion process while protecting the rights of younger workers.

Employees have the right to directly conclude labor contracts in ordinary cases. However, for seasonal jobs or jobs with a fixed term of fewer than 12 months, a group of employees aged 18 or older may authorize one member of the group to conclude the labor contract on their behalf.

II. Conditions for Employers in the Context of Labor Contract Conclusion

Employers, whether they are organizations or individuals, must also meet certain legal conditions to be eligible to enter into labor contracts. First, if the employer is an organization or enterprise, they must have legal status, which means they must be legally established under the law and have full civil legal capacity to engage in labor relations. For individuals, the employer must have full civil capacity and must not fall under any categories prohibited by law. Additionally, they must have a legal representative to perform the signing of the labor contract with the employee.

Clear regulations on the conditions for employers not only help create a fair and transparent working environment but also contribute to protecting the legal rights of employees. This also helps prevent unlawful practices such as illegal hiring or abuse of power in the process of contract conclusion and execution.

III. Authority to Conclude Labor Contracts on Behalf of Employers

The individuals authorized to conclude labor contracts on behalf of employers include:

• The legal representative of the enterprise or an authorized person;
• The head of an agency or organization with legal status, or an authorized person;
• A representative of a household, cooperative, or another organization without legal status, or an authorized person;
• An individual who directly employs labor.

It should be noted that a person authorized to conclude a labor contract cannot reauthorize another person to conclude the contract.

IV. Special Cases Concerning the Right to Conclude Labor Contracts

The 2019 Labor Code also mentions several special cases related to the right to conclude labor contracts. For example, in the case of minor employees aged from 13 to under 15, the law only allows them to enter into labor contracts for light work that does not affect their health or development. To ensure the safety and rights of young workers, the conclusion of such contracts must have the written consent of their legal representative.

On the other hand, for employers who are households or individuals, the law requires that they have full civil capacity and comply with labor law regulations to ensure the rights of employees. These provisions demonstrate the flexibility and humaneness of Vietnamese law in regulating labor relations, while also clearly reflecting the protection provided to workers, especially those who are vulnerable in society.

V. Significance of Regulating Entities Authorized to Conclude Labor Contracts

The regulation of entities authorized to enter into labor contracts in the 2019 Labor Code plays a crucial role in ensuring fairness and transparency in labor relations. Firstly, it helps clearly define the rights and obligations of each party involved in labor relations, thereby limiting disputes arising related to labor contracts. At the same time, specific provisions on the entities eligible to conclude labor contracts also help enhance the compliance awareness of the parties involved, creating a healthy, stable, and sustainable working environment.

Moreover, these regulations help protect the rights of employees, especially those who are vulnerable, such as minor workers or those employed by households. Thanks to these specific regulations, employees can confidently participate in the labor market, while employers also have a clear legal basis to exercise their rights and fulfill their obligations.

VI. About Us, Hankuk Law Firm

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