Understanding the value of employment confirmation letters to safeguard labor rights

An employment confirmation letter is an important document that records the employment history and professional experience of an employee within an organization. However, some entities fully understand its role, legal value, and relevant regulations. NPLaw provides a comprehensive overview of employment confirmation letters, enabling both employees and employers to understand their significance, use them effectively, avoid legal risks, and protect legitimate rights and interests.

An employment confirmation letter is an important document that records the employment history and professional experience of an employee within an organization. However, some entities fully understand its role, legal value, and relevant regulations. NPLaw provides a comprehensive overview of employment confirmation letters, enabling both employees and employers to understand their significance, use them effectively, avoid legal risks, and protect legitimate rights and interests.

I. The role of employment confirmation letters

Employment confirmation letters are crucial documents in labor, serving as evidence of the employment relationship between the employee and the employer. Beyond administrative purposes, such documents provide tangible benefits:

Proof of work experience: Employment confirmation letters help employees verify their positions and professional competencies when seeking new employment or participating in bidding.
Support for administrative procedures: It is often required in applications for visas, bank loans, insurance claims, or residency procedures.
Protection of labor rights: It serves as evidence in labor disputes or when verification with competent authorities is needed.
Enhancement of personal credibility: It demonstrates employment stability, thereby building trust with employers or business partners.

In today’s competitive labor market, where transparency is increasingly emphasized, employment confirmation letters are indispensable in ensuring labor rights and professional credibility.

II. Legal regulations on employment confirmation letters

1. What is an employment confirmation letter?

Although labor law does not provide an official definition, it is generally understood as a written document issued by the employer upon termination of an employment contract, confirming the employee’s positions, responsibilities, professional, and other relevant details.

Pursuant to Clause 3, Article 48 of the Labor Code 2019 on obligations upon termination of an employment contract, such an employment confirmation letter constitutes a form of employment-related document that the employer is obliged to provide at the employee’s request.

2. When is an employment confirmation letter legally valid?

For validity, such letters must meet the following conditions:

Being issued by an authorized person: It is signed by the legal representative of the company or a duly authorized individual.
Containing complete information: It includes employee details (full name, date of birth, ID/Passport number), company details (name, address, enterprise code), employment period, positions held, tasks performed, and other relevant information.
Being signed and sealed: It must obtain the signature of the issuer and the official company seal.
Not obtaining alteration: The document must not show signs of erasure, modification, or forgery.

3. Standard contents of employment confirmation letters

While no unified legal template exists, such letters typically include:

Employee details (full name, date of birth, ID/Passport number).
Company details (name, address, enterprise code).
Employment period (from date… to date…).
Job title and department.
Description of tasks performed.
Salary (if applicable).
Employer’s evaluation of the employee’s competence and professional conduct (if applicable).
Date of issuance.
Signature and seal of the company.

4. Procedure for issuance for employment confirmation letters

The issuance process usually includes:

The employee submits a written request to the HR department.
The HR department reviews and verifies details, and then submits it to an authorized signatory.
The enterprise shall issue employment confirmation letters within the statutory timeframe (typically 3–5 working days), either directly or via email as requested.
The enterprise retains a copy for monitoring and compliance purposes.

5. Employment confirmation letters and other employment-related documents

Employment confirmation letters are often used alongside:

Employment contracts: To prove the employment relationship (Article 13, Labor Code 2019).
Payroll or bank statements: To verify income, often required for bank loans.
Social insurance confirmation: To verify contributions under the Law on Social Insurance 2014.
Employment termination certificates: Required when employment ends, according to Article 48, Labor Code 2019.

III. Questions on employment confirmation letters

1. In what situations are employment confirmation letters required?

Job applications: To demonstrate prior experience and positions held.
Administrative procedures: To obtain visa, residency, or educational purposes.
Bank loan applications: To confirm stable income in accordance with banking requirements.
Labor disputes: To serve as evidence in cases concerning labor rights (Civil Procedure Code 2015).
Bidding participation: To verify professional capacity of individuals or entities.

2. Is it legal to falsify an employment confirmation letter?

Fabricating or falsifying employment confirmation letters is a legal violation. Such acts may result in administrative fines ranging from 1,000,000 VND to 3,000,000 VND under Article 6 of Decree 12/2022/ND-CP (violations in the labor sector).

If serious consequences occur (e.g., fraudulent bank loans), criminal liability may apply under Article 341 of the Penal Code 2015 (as amended in 2017) for forging seals or documents, with imprisonment of up to 7 years.

3. Who is authorized to issue employment confirmation letters?

Employers (companies, organizations) are responsible for issuance, typically through directors, HR managers, or authorized persons (Article 21, Decree 145/2020/ND-CP). For public employees or civil servants, the competent State agency or public institution issues such letters. Even after termination, the former employer must provide the letter upon request (Article 48, Labor Code 2019).

4. Are employment confirmation letters mandatory when applying for jobs?

It is not universally mandatory unless specifically required by the prospective employer. Accordingly, employment confirmation letters help enhance credibility and provide proof of experience. Certain sectors (e.g., finance, engineering) often require such letters to verify work history.

5. What benefits do employees gain from holding employment confirmation letters?

Proof of experience: Enhances employability in suitable roles.
Administrative convenience: Facilitates compliance with requirements from banks, immigration authorities, or insurers.
Protection in disputes: Serves as evidence in cases concerning wages, insurance, or contract termination (Article 48, Labor Code 2019).
Income verification: Supports loan applications and financial transactions.

IV. Legal advisory services on employment confirmation letters

NPLaw provides professional and comprehensive legal advisory services concerning employment confirmation letters, including:

For employees:

Advising on the right to request issuance and required contents.
Assisting in drafting requests for confirmation letters.
Representing employees in disputes over issuance with employers.

For employers:

Advising on applicable legal requirements.
Drafting compliant templates tailored to company specifics.
Guiding issuance procedures to ensure compliance and protect corporate interests.

Contact NPLaw today for professional legal support regarding employment confirmation letters. We are committed to safeguarding your rights and providing effective legal solutions.