Vietnam: From January 01, 2021, probation contract is not required to include the contract’s duration

According to Clause 2 Article 24 of the Labor Code 2019 of Vietnam: “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.”

Specifically, provisions of Points a, b, c, dd, g and h Clause 1 Article 21 of this Code are as follows:

Article 21. Contents of employment contracts

1. An employment contract shall have the following major 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;

Thus, when the Labor Code 2019 of Vietnam officially takes effect, the probation contract is not required to include the contract’s duration, however, it must include the probation period. According to the Labor Code 2012 of Vietnam, the probation contract must include the contract’s duration (Clause 1 Article 26).

It can be seen that the two concepts of contract’s duration and probation period are completely different, however, their properties are the same to comply with Article 25 of the Labor Code 2019 of Vietnam, specifically as follows:

Article 25. Probationary period

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:

1. 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;

2. 60 days for positions that require a junior college degree or above;

3. 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of or for technicians, and skilled employees;

4. 06 working days for other jobs.

This means that according to the Labor Code 2019 of Vietnam, the probation contract is not required to include the contract’s duration, however, it must include the probation period in accordance with regulations. The Labor Code 2019 of Vietnam clearly stipulates that the probation contract must include the probation period, this provision is intended to protect the interests of employees, preventing the employer from allowing the employee to work on probation beyond the time limit specified above.

Le Hai

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