The practice of employers failing to enter into written employment contracts with employees has become increasingly prevalent, particularly among small-business. The absence of written employment contracts causes negative impacts on both the State’s labor administration and employees’ lawful rights and interests. At present, such violations are subject to administrative sanctions, accompanied by remedial measures requiring employers to execute written employment contracts. However, there are still no specific provisions governing the type of employment contract to be concluded, nor the minimum duration of such contracts. Furthermore, Vietnamese labor legislation does not provide for any financial compensation payable to employees where the failure to conclude a written employment contract is attributable to the employer. This legal gap may be exploited by employers and may undermine employees’ job security while exposing them to financial disadvantages. Through a comparative examination of the labor laws of China and France, the author proposes several recommendations aimed at improving the Vietnamese legal framework governing employer liability for non-compliance with statutory requirements concerning the form of employment contracts.