Is a 6-month employment contract with a 60-day probation period legal in Vietnam? What content must be included in the probation contract in Vietnam?

Is a 6-month employment contract with a 60-day probation period legal in Vietnam? 

We are recruiting staff with college and university degrees. Due to company needs, recruitment is only for 6 months. But due to the nature of the job, we require a 60-day probationary period. If passed, we will sign a 6-month employment contract. So I would like to ask if our company is doing so in accordance with the provisions of labor law?

Answer: According to Article 24 of the 2019 Labor Code, it is stipulated:

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

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.

3. Probation is not allowed if the employee works under an employment contract with a duration of less than 01 month.

Clause 2, Article 25 of the 2019 Labor Code also stipulates:

The probationary period is agreed upon by both parties based on the nature and complexity of the job, but the probationary period can only be once for one job and must ensure the following conditions:

...

No more than 60 days for jobs with professional titles that require professional and technical qualifications from college or higher.

According to the information you provided, if your company is recruiting employees with college or university degrees or higher, applying a probationary period of 60 days is completely consistent with this regulation in Vietnam.

Is a 6-month employment contract with a 60-day probation period legal in Vietnam? What content must be included in the probation contract in Vietnam? (Image from the Internet)

What content must be included in the probation contract in Vietnam?

Question: According to current law, what content must be included in a probationary contract? Hope to receive a response soon.

Answer: According to the provisions of Clause 2, Article 24 of the 2019 Labor Code, it is stipulated:

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.

=> According to this Article, the main content of the probationary contract must include the probation period and the following additional contents:

a) The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;

b) Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;

c) The job and workplace;

dd) Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;

g) Working hours, rest periods;

h) Personal protective equipment for the employee;

If I sign an employment contract with a probation agreement, do I have to give advance notice to terminate the probation period in Vietnam?

I just signed an employment contract with the company in which the probationary period is 2 months. At the end of those 2 months, if I meet the company's requirements, I will be converted into an official employee. But the HR lady said that according to the new law, the employment contract now includes a probationary period, so if you want to resign during the probationary period, you still have to give 30 days notice like a normal contract. If I resign without notice, I have to compensate the company, right?

Answer: Pursuant to the provisions of Clause 1, Article 24 of the 2019 Labor Code: An employer and an employee may include the contents of the probation in the employment contract or enter into a separate probation contract.

According to this regulation in Vietnam, current law allows businesses, when recruiting workers, to sign a probationary contract that is separate from the employment contract or combine to sign only the employment contract and show the content of the probationary period in the employment contract. 

At the same time, Clause 2, Article 27 of of the 2019 Labor Code stipulates:

2. During the probationary period, either party has the right to terminate the concluded probation contract or employment contract without prior notice and compensation obligation.

Thus, during the probationary period in Vietnam, the employee has the right to terminate the probation agreement, including in the case of signing a separate probation contract and an employment contract combined with the probation contract. The fact that the enterprise agrees on the probationary content in the employment contract does not limit the employee's right to terminate the probationary period.

Therefore, it is against the law for company personnel to require you to give 30 days notice if you want to quit during the probationary period in Vietnam.

Best regards.