Are employees required to give a prior notice to the employer 90 days before unilaterally terminating the employment contract?

According to Clause 3, Article 37 of the Labor Code 2012, the minimum prior notice period for an employee when unilaterally terminating the employment contract in Vietnam is specified as follows:

- At least 3 working days in advance, in the case specified at Point a, b, c or g, Clause 1 of this Article;

- At least 30 days in advance for a definite-term employment contract; at least 3 working days for seasonal or work-specific labor or a specific job of under 12 months in the case specified at Point d or e, Clause 1 of this Article;

- In the case specified at Point f, Clause 1 of this Article, prior notice should be given to the employer in accordance with Article 156 of this Code.

Therefore, Vietnamese law stipulates that the minimum prior notice period for an employee when unilaterally terminating the employment contract is 30 days for definite-term contracts. Consequently, both parties may agree on the prior notice period when unilaterally terminating the contract, but it must not be less than 30 days.

Hence, giving notice to the employer 90 days before unilaterally terminating the contract by the employee is consistent with the law.

Respectfully!