I. Overview of the Job Handover Minutes

Job Handover Minutes are documents recording the process of transferring responsibilities, tasks, documents, and assets between relevant parties, aiming to ensure transparency and continuous management in work.

Although not mandatorily prescribed under the Labor Code 2019, in practice, such minutes are commonly stipulated in labor contracts or internal regulations of enterprises to clearly define the rights and obligations of the parties involved.

II. Legal regulations on Job Handover Minutes

1. Definition of Job Handover Minutes

Job Handover Minutes are administrative documents that ensure clarity in the transfer of duties and responsibilities between the handover party and the receiving party. Such a document states professionalism, accountability, and serves as an effective tool in enterprise management.

2. Required contents of Job Handover Minutes

Pursuant to Decree No. 30/2020/NĐ-CP on clerical and archival work, Job Handover Minutes should include the following principal contents:

  • Basic information of the parties (the handover party and the receiving party);
  • Time and place of the handover;
  • Reason for preparation of the minutes;
  • Handover contents, including completed tasks, ongoing tasks, documents, and assets;
  • Signatures for confirmation by the parties and representatives of relevant departments (if required).

3. Formal requirements of Job Handover Minutes

In accordance with Article 8 of Decree No. 30/2020/NĐ-CP, Job Handover Minutes should ensure the following formal elements:

  • National emblem and motto;
  • Name of the agency or organization;
  • Document number and symbol;
  • Place and date of issuance;
  • Title of the document;
  • Information (name, title/position) of the handover party and the receiving party;
  • Contents of the job handover;
  • Signatures of the relevant parties and the organizational seal (if any).

III. Questions regarding job handover minutes

1. Is it mandatory to include the national emblem and motto when drafting Job Handover Minutes?

Under Decree No. 30/2020/NĐ-CP, official administrative documents are required to include the national emblem and motto to ensure legality and official status. However, Job Handover Minutes are not required to include the national emblem and motto as official administrative documents. In practice, Job Handover Minutes are internal documents used within organizations or enterprises to record the transfer of work from one individual to another. Nevertheless, to enhance formality and transparency, organizations and entities may choose to apply the national emblem and motto if they wish the document to obtain higher legal validity in certain circumstances.

In summary, Job Handover Minutes are not mandatorily required to include the national emblem and motto; however, such elements may be included to increase formality and legal legitimacy in specific situations if deemed necessary.

2. Is it permissible to authorize another person to sign the Job Handover Minutes?

Pursuant to the Civil Code 2015, authorization to sign Job Handover Minutes is permissible, provided that the authorization agreement is lawful and clearly specifies the scope and contents of the authorized work. Under Article 562 of the Civil Code 2015, an authorization contract is an agreement whereby the authorized party is obliged to perform work on behalf of the authorizing party. It should be noted that not all tasks are eligible for authorization. Therefore, prior to authorizing another person to sign the Job Handover Minutes, it is necessary to ensure that such work does not fall within cases prohibited from authorization under applicable law.

To ensure the legality and validity of the authorization, the parties should enter into a written authorization contract clearly specifying the scope of authority, authorized tasks, duration of authorization, and other relevant conditions. Executing a written authorization contract helps clearly define the rights and obligations of the parties and provides a solid legal basis in disputes. In addition, notarization or certification of the authorization contract may be considered to enhance its legal validity, particularly in cases where proof of legality is required.

3. Is it necessary to list job details in the Job Handover Minutes?

In practice, enterprises often require detailed listings of tasks, assets, and documents to avoid potential disputes. It not only protects the legitimate rights and interests of employees but also ensures effective management of enterprise assets and internal information.

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