What is the time limit of apprenticeship in Vietnam? Can trainees be paid during the time of occupational training in Vietnam?

What is the time limit of apprenticeship in Vietnam?

Next year, I plan to apply for jobs. I have heard that the provisions of the Labor Code in 2019 will be in effect. Could you please provide me with information regarding the duration of occupational training?

Answer:

Pursuant to Article 61 of the Labor Code in 2019 stipulating trainees and apprentices as follows:

- Trainees are employees who are recruited and trained by the employer at the work place in order to work for the employer. The traineeship duration varies according to the level of training as prescribed by the Law on Vocational education.

- Apprentices are employees who are recruited and instructed to practice doing their work by the employer in order to work for the employer. The maximum duration of apprenticeship is 03 months.

- An employer who recruits trainees or apprentices in order to employ them is not required to register such training activity, shall not charge fees for such training, and shall sign traineeship or apprenticeship contracts in accordance with the Law on Vocational education.

- Every trainee and apprentice shall be at least 14 years of age and healthy enough for the traineeship or apprenticeship. Trainees and apprentices of the occupations on the list of laborious, toxic and dangerous occupations or the list of highly laborious, toxic and dangerous occupations promulgated by the Minister of Labor, War Invalids and Social Affairs shall be at least 18 years of age, except for arts and sports.

- During the traineeship or apprenticeship period, if an apprentice or trainee directly performs or participates in performance of the work, he/she shall be paid a salary at a rate agreed by both parties.

- 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.

As regulations above, the maximum duration of apprenticeship is 03 months.

What is the time limit of apprenticeship in Vietnam? Can trainees be paid during the time of occupational training in Vietnam? - image from internet

Can trainees be paid during the time of occupational training in Vietnam?

I have been hired as an apprentice at a hair salon on Hai Ba Trung Street. Currently, I am undergoing a 10-day vocational training period, assisting the main hairdresser with tasks such as applying hair dye, shampooing, and blow-drying for clients. I would like to know if the salon is required to pay me a salary during this training period, or if I am not entitled to receive any payment. If I am entitled to payment, how much am I expect to receive?

Answer:

Pursuant to Clause 1 and 2, Article 61 of the Labor Code in 2019 stipulating trainees and apprentices as follows:

- Trainees are employees who are recruited and trained by the employer at the work place in order to work for the employer. The traineeship duration varies according to the level of training as prescribed by the Law on Vocational education.

- Apprentices are employees who are recruited and instructed to practice doing their work by the employer in order to work for the employer. The maximum duration of apprenticeship is 03 months.

In the case where you are hired as an apprentice hairdresser at a hair salon, being taught and involved in practical tasks and responsibilities of an apprentice hairdresser, it is determined that you are engaged in vocational training activities according to the regulations.

According to Clause 5 of this Article, the salary is stipulated as follows:

During the traineeship or apprenticeship period, if an apprentice or trainee directly performs or participates in performance of the work, he/she shall be paid a salary at a rate agreed by both parties.

According to the information you provided, currently, you are in the stage of learning the job of an apprentice hairdresser. However, if you are directly involved in providing services to clients during this period, the salon is obligated to pay you a salary.

This regulation does not specify a specific wage amount, as it will be subject to agreement between the parties involved. Therefore, in this case, to determine the exact salary you will receive during the days when you are participating in work as an apprentice, you can directly discuss this matter with the salon management that hired you.

Best regards!