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Compliant with Vietnamese law

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Learn more about Employment Application in Vietnam

Our Employment Application template, professionally crafted by our team of expert lawyers, streamlines the process for both employers and applicants. Designed with precision to meet the specific legal requirements of Vietnam, our template ensures full compliance with local laws, mitigating any potential legal risks. The easily editable Word format adds a layer of convenience, allowing customization to fit the unique needs of your organization without compromising on legal integrity. Trust Themis Partner to provide you with reliable, legally sound solutions that not only simplify the hiring process but also uphold the highest standards of legal compliance and professionalism.

Table of contents


What is an Employment Application?

An Employment Application serves as a formal document through which individuals express their interest in a job position within a company or organization. This document is meticulously designed to capture comprehensive details about the applicant, typically including sections for personal information, educational background, work experience, and references. Employers rely on the information provided to assess the qualifications and suitability of applicants for the vacant position. By standardizing the data collection process, the Employment Application ensures that all candidates are evaluated based on consistent criteria, facilitating a fair and organized hiring process.

Additionally, an Employment Application often includes specific questions tailored to the job requirements or company policies, further aiding employers in making informed hiring decisions. These questions might address an applicant’s proficiency with certain skills, familiarity with industry standards, or alignment with the company’s values and culture. As a crucial initial step in the recruitment process, the Employment Application not only streamlines the evaluation of potential candidates but also helps in identifying individuals who best fit the organizational needs. By providing a structured format for collecting essential details, it plays a pivotal role in the effective and efficient management of the hiring workflow, ultimately contributing to the selection of the most qualified candidates.

What is included in an Employment Application?

An Employment Application typically includes the following sections:

Personal Information:
Full name, address, contact details (phone number, email).

Educational Background:
Highest level of education completed, schools attended, degrees or certifications obtained.

Work Experience:
Previous employers, dates of employment, job titles, duties/responsibilities, achievements.

References:
Names, relationships, contact information of individuals who can provide a reference.

Skills and Qualifications:
Relevant skills, technical abilities, language proficiency, certifications/licenses.

Availability:
Start date availability, full-time or part-time preference, preferred work schedule.

Authorization and Consent:
Consent for background checks, authorization to contact references, accuracy statement.

What are the different types of Employment Applications?

There are several types of Employment Applications tailored to specific needs or industries:

1. Standard Employment Application

A comprehensive form covering general personal, educational, and work-related information.

2. Industry-Specific Employment Application

Customized forms designed for particular sectors, including healthcare, hospitality, or retail, which may include industry-specific questions or requirements.

3. Seasonal or Temporary Employment Application

Designed for temporary or seasonal positions, focusing on availability and previous temporary work experience.

4. Executive Employment Application

Tailored for high-level positions, often including questions about leadership experience, achievements, and industry-specific competencies.

5. Government Employment Application

Required for applying to government positions, usually more extensive and may involve additional documentation or clearance processes.

6. Internal Employment Application

Used within a company for employees seeking internal job transfers or promotions, typically emphasizing current job performance and skills.

7. Remote or Telecommuting Employment Application

Designed for positions that allow remote work, may include questions about home office setup, internet connection, and communication tools proficiency.

8. Entry-Level Employment Application

Geared towards individuals with limited work experience or those entering the workforce for the first time, focusing on education, skills, and potential.

Are there legal requirements in Vietnam?

Yes, there are specific legal requirements in Vietnam regarding the retention of employment applications and other employment-related documents. According to Vietnamese labor laws and regulations, employers must retain certain personnel records for a defined period to ensure compliance with legal and regulatory obligations. Here are some key points regarding document retention in Vietnam:

Retention Period: Employers are generally required to retain employment applications, employment contracts, payroll records, and other personnel files for at least five years after the termination of employment. This is to ensure that the employer has sufficient documentation to address any potential disputes or legal issues.
Types of Documents: The documents that should be retained include, but are not limited to, employment applications, resumes, employment contracts, payroll records, performance evaluations, disciplinary records, and termination records.
Confidentiality and Security: Employers must ensure that all retained documents are kept confidential and stored securely to protect the privacy of employees and comply with data protection regulations.
Regulatory Oversight: Vietnamese authorities, such as the Department of Labor, Invalids, and Social Affairs (DoLISA), may conduct inspections and audits to ensure compliance with labor laws and regulations, including document retention requirements.

How long should an employer retain Employment Applications after hiring?

In Vietnam, there isn’t a specific law stipulating the exact duration for retaining Employment Applications after hiring. However, it’s generally advisable for employers to retain these documents for a reasonable period, typically in line with other personnel records. This duration may vary depending on company policies, industry standards, and potential legal requirements.

As a best practice, many companies retain Employment Applications for a period of at least one to two years after the hiring decision is made. This timeframe allows for adequate record-keeping and may be beneficial in case of disputes, audits, or reference checks. However, it’s essential for employers to consider any applicable data protection laws and ensure that they dispose of these records securely when they are no longer needed.

Are there restrictions on questions that can be asked in Vietnam?

Yes, there are restrictions on the types of questions that can be asked during the hiring process in Vietnam. These restrictions are in place to prevent discrimination and ensure fair treatment of all candidates. Here are some key points regarding restricted questions in Vietnam:

1. Personal Information: Questions that are not relevant to the job and that infringe on the candidate’s personal privacy are generally considered inappropriate. This includes questions about marital status, family planning, religious beliefs, and political affiliations.

2. Discrimination: Vietnamese labor laws prohibit discrimination based on race, gender, age, ethnicity, nationality, disability, social status, or sexual orientation. Therefore, questions that directly or indirectly seek information that could lead to discrimination are not allowed.

3. Health and Disability: Employers should avoid asking questions about a candidate’s health or disability status unless it is directly relevant to the job requirements and necessary to determine the candidate’s ability to perform job-related functions.

4. Financial Status: Questions about a candidate’s financial status, such as their personal debts or income from other sources, are generally considered inappropriate unless directly relevant to the job (e.g., positions that involve handling money or financial transactions).

5. Criminal Record: While employers may inquire about a candidate’s criminal record if it is relevant to the job, they must do so in a manner that respects the candidate’s privacy and complies with legal requirements. Certain positions, especially those involving security, finance, or working with vulnerable populations, may justify such inquiries.

5. Previous Employment and Salary: While not outright prohibited, questions about previous employment and salary history should be handled carefully to avoid potential discrimination or bias. Employers should focus on the candidate’s skills, experience, and suitability for the role.

Should it include salary expectations in Vietnam?

In Vietnam, it’s generally not customary to include salary expectations on Employment Applications. However, some employers may choose to include a section for applicants to voluntarily provide their salary expectations if they wish.

Including salary expectations can help both employers and applicants ensure alignment in terms of compensation early in the hiring process. However, it’s important for employers to be mindful of potential legal considerations, such as ensuring that the salary discussion is conducted fairly and transparently and does not discriminate against applicants based on their salary expectations.

Ultimately, whether to include salary expectations on an Employment Application in Vietnam depends on the preferences and practices of the employer and the specific requirements of the job position.

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