​Regulations on rights for unilateral termination of working contracts in Vietnam

Regulations on rights for unilateral termination of working contracts in Vietnam

1. Rights for unilateral termination of working contracts of public non-business units in Vietnam

* Grounds for termination of employment contract in Vietnam

Public non-business units may unilaterally terminate working contracts with public employees in the following cases:

- Public employees who have been evaluated as not accomplishing tasks for two consecutive years;

- Public employees who are sacked under Point d. Clause 1. Article 52 or Clause 1, Article 57 of Law on Public Employees;

- Public employees working under working contracts with an indefinite term who fall sick and have received medical treatment for 12 consecutive months; public employees working under working contracts with a definite term who fall sick and have received medical treatment for 6 consecutive months but still cannot rehabilitate their working capacity. When their health recovers, these public employees may be considered for renewing their working contracts;

- Due to natural disasters, fires or other force majeure events as stipulated by the Government, public non-business units cannot but narrow their scope of activity, which makes redundant working positions held by public employees;

- Public non-business units terminate operations under decisions of competent agencies.

- Public employees are not qualified after the probation period.

* Time limit for advanced notice of termination of working contracts

When unilaterally terminating a working contract, except the case of public employees being sacked, the head of the public non-business unit shall notify such to the public employee concerned 

- At least 45 days in advance, for working contracts with an indefinite term

- At least 30 days in advance, for working contracts with a definite term. 

For a public employee recruited by the managing agency of a public non-business unit, the unilateral termination of his/her working contract shall be decided by the head of the public non-business unit after obtaining written consent of the managing agency.

* Cases when working contract cannot be unilaterally terminated

The head of a public non-business unit may not unilaterally terminate the working contract with public employees in the following cases;

- Public employees who fall sick or have accidents or are receiving medical treatment for occupational diseases under decisions of medical treatment establishments, except the case specified at Point c Clause 1 of this Article;

- Public employees who are on annual leave, leave for personal reasons and other reasons permitted by heads of public non-business units;

- Female public employees who are pregnant, on maternity leave or nursing under 36-months babies, except when their public non-business units terminate operation.

2. Rights for unilateral termination of working contracts of public employees in Vietnam

* Rights of public employees working under working contracts with a definite term to unilaterally terminate working contracts 

Public employees working under working contracts with a definite term may unilaterally terminate their contracts in the following cases:

- They arc employed in working positions or workplaces or provided with working conditions not as agreed in their working contracts:

- They are paid with salaries lower than the level or later than the time agreed in their working contracts;

- They are maltreated or forced to work;

- Female public employees get pregnant and have to lake leave as prescribed by a medical treatment establishment;

They fall sick or have accidents and have received medical treatment for 3 or more consecutive months but cannot rehabilitate their working capacity.

- They or their families meet so great difficulties that they cannot continue performing their contracts;

The public employee must notify in writing of the unilateral termination of the working contract to the head of the public non-business unit at least 30 days in advance in this case.

* Rights of public employees working under working contracts with an indefinite term to unilaterally terminate working contracts in Vietnam

Public employees working under working contracts with an indefinite term may unilaterally terminate their contracts provided that they shall notify such in writing to the heads of their public non-business units at least 45 days in advance; for public employees who fall sick or have accidents and have received medical treatment for 6 consecutive months, such notice must be given at least 3 days in advance.

(Article 29 of the Law on Public Employees in 2010, amended by the Law on Amendments to the Law on Officials, Public Officials and the Law on Public Employees in 2019).

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