Vietnam: 04 special works and lines of business required to notices the employer in advance at least 120 days

Specifically, according to Point d Clause 1 Article 35 and Point d Clause 2 Article 36 of the Labor Code 2019 of Vietnam: “When unilaterally terminating labor contracts, the notice period in certain fields and jobs shall be specified by the government.”

The Government of Vietnam issued the Decree No. 145/2020/NĐ-CP guiding the above content at Article 7 as follows:

Firstly, special works and lines of business include:

- Aircrew members; aircraft maintenance technicians, aviation repairmen; flight coordinators;

- Enterprise managers defined by the Law on Enterprises; the Law on Management and use of State Investment in Enterprises;

- Crewmembers working on Vietnamese vessels operating overseas; crewmembers dispatched to foreign vessels by Vietnamese dispatching agencies;

- Other cases prescribed by law.

Secondly, regarding prior notice:

When an employee working in special works and lines of business mentioned above unilaterally terminates the employment contract or his/her employer unilaterally terminates the employment contract, a prior notice shall be provided:

- At least 120 days before the termination date if the employment contract has an indefinite term or a term of at least 12 months;

- At least one fourth (1/4) of the employment contract duration if the duration is less than 12 months.

Thus, from January 01, 2021, the employee has the right to unilaterally terminate the labor contract without reason, just comply with the notice period according to Clause 1 Article 35 of the Labor Code 2019 of Vietnam. However, special works and lines of business mentioned in this article must comply with a notice period of at least 120 days before the termination date if the employment contract has an indefinite term or a term of at least 12 months; and at least one fourth (1/4) of the employment contract duration if the duration is less than 12 months.

Decree No. 145/2020/NĐ-CP takes effect from February 01, 2021.

Le Hai

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