How many days in advance must a company manager notify before quitting?

According to the new regulations, how many days of notice is required for a business manager to resign? How does this differ from ordinary employees? Thank you.

According to the 2019 Labor Code, when an employee resigns, they do not need to state the reason. In other words, aside from the cases where prior notice is not required as mentioned above, when an employee wishes to resign, they do not need to provide a reason but only need to notify the company in advance:

- At least 45 days if working under an indefinite-term labor contract;

- At least 30 days if working under a fixed-term labor contract from 12 to 36 months;

- At least 30 working days if working under a fixed-term labor contract of less than 12 months;

- For certain sectors, occupations, and jobs with special characteristics, the notice period shall comply with the regulations of the Government of Vietnam.

To be specific: The notice period for unilaterally terminating a labor contract in certain sectors, occupations, and jobs with special characteristics is guided by Article 7 of Decree 145/2020/ND-CP (effective from February 1, 2021).

Sectors, occupations, jobs with special characteristics include:

- Members of the flight crew; aircraft maintenance technicians, aviation-specific repair staff; flight dispatchers, and operators;

- Enterprise managers as stipulated in the Enterprise Law; Law on Management and Use of State Capital Invested in Production and Business in Enterprises;

- Crew members of a ship working on Vietnamese ships operating abroad; crew members leased by a Vietnamese enterprise to work on foreign ships;

- Other cases as prescribed by law.

=> Therefore, the notice period for resignation for enterprise managers is as follows:

- At least 120 days for indefinite-term labor contracts or fixed-term labor contracts of 12 months or more;

- At least one-fourth of the term of the labor contract for fixed-term labor contracts of less than 12 months.

Sincerely!

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