What are regulations on the maximum number of times for probation of a job in Vietnam?

What is the maximum number of times for probation of a job in Vietnam?

Pursuant to Article 25 of the Labor Code in 2019 stipulating probationary period in Vietnam 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:

- 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;

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

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

- 06 working days for other jobs.

Is it permissible to extend the probationary period in Vietnam?

Pursuant to Clause 6 Article 61 of the Labor Code in 2019, upon the expiry of the apprenticeship or traineeship period, both parties must enter into an employment contract if the conditions stipulated in this Labor Code are satisfied.

Pursuant to Clause 1 Article 20 of the Labor Code in 2019, an employment contract shall be concluded in one of the following types:

a) An indefinite-term employment contract is a contract in which the two parties neither fix the term nor the time of termination of the contract;

b) A fixed-term employment contract is a contract in which the two parties fix the term of the contract for a duration of up to 36 months from the date of its conclusion.

As regulations above, only one probationary period is allowed for a job. After upon the expiry of probationary period, both parties must enter into an employment contract if the employees satisfy all requirements.

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