Does content of probation contract need to include personal information in Vietnam? Is a probationary period proposed in Vietnam?

Does content of probation contract need to include personal information in Vietnam?

I would like to ask, is it necessary to write personal information about the citizen identification card in the content of the probation contract in Vietnam?

Answer: Pursuant to Clause 2, Article 24 of the 2019 Labor Code stipulates as follows:

2. The probation contract must include the probation period and the contents specified in Points a, b, c, dd, g and h Clause 1 Article 21 of this Code.

Referring to the above provisions, the main content of the probation contract is:

+ Name and address of the employer and full name and title of the person concluding the labor contract on the employer's side;

+ Full name, date of birth, gender, place of residence, Citizen Identification Card number, ID card or passport of the person entering into the labor contract on the employee's side;

+ Work and work location;

+ Salary according to job or title, salary payment method, salary payment period, salary allowances and other additional payments;

+ Working time, rest time;

+ Labor protection equipment for workers;

Thus, in principle, personal information must be shown, but if you have an ID card or passport, you do not need to write Citizen Identification Card and vice versa.

Do employers have to sign a probation contract with foreign employees in Vietnam?

My company is recruiting foreign employees. I would like to ask about the new regulations. When hiring them, does company have to sign a probation contract for those foreigners?

Answer : Pursuant to Clause 1, Article 24 of the 2019 Labor Code, regulations on probation are as follows:

1. An employer and an employee may include the contents of the probation in the employment contract or enter into a separate probation contract.

On the other hand, foreigners are still subject to the above labor law adjustments. Therefore, probation is an agreement in Vietnam, not required when the employee works for the employer. But if there is a need for trial work, the parties can absolutely sign a trial contract or probation agreement in the content of the employment contract.

Does content of probation contract need to include personal information in Vietnam? Is a probationary period proposed in Vietnam? (Image from the Internet)

Are employees proposed a probationary period in Vietnam?

I'm in Long An, I have my first interview tomorrow. In case I am accepted, can I suggest a probationary period for that job?

Answer: Pursuant to Article 25 of the 2019 Labor Code, regulations on probationary period are as follows:

The probationary period shall be negotiated by the parties on the basis of the nature and complexity of the job. Only one probationary period is allowed for a job and the probation shall not exceed:

1. 180 days for the position of enterprise executive prescribed by the Law on Enterprises, the Law on management and use of state investment in enterprises;

2. 60 days for positions that require a junior college degree or above;

3. 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of or for technicians, and skilled employees;

4. 06 working days for other jobs.

Thus, in principle, the probationary period is agreed upon by both parties based on the nature and complexity of the job. Therefore, you have every right to propose a probationary period. However, whether the company accepts that time or not is another matter. Besides, you should pay attention to the probationary period mentioned above to ensure your rights in Vietnam.

Best regards.