Under Vietnamese law, employees have the right to unilaterally terminate employment contracts but must notify the employer in advance. So, is an employee required to notify the employer in writing upon resignation?
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Vietnam: Is an employee required to notify the employer in writing upon resignation? (Illustration)
Regarding this matter, the editorial board of Lawnet provides the following regulations:
According to the provisions of Article 37 of the Labor Code 2012, an employee in Vietnam has the right to unilaterally terminate the employment contract and must notify the employer in advance:
- At least 3 working days when:
+ He/she is not assigned to the job or workplace or is not given the working conditions as agreed in the employment contract;
+ He/she is not paid in full or on time as agreed in the employment contract;
+ He/she is maltreated, sexually harassed, or is subject to forced labor;
+ If he/she is sick or has an accident and remains unable to work after having received treatment for 90 consecutive days, in case he/she works under a definite-term employment contract, or for a quarter of the contract’s term, in case he/she works under an employment contract for a seasonal job or a specific job of under 12 months.
- At least 30 days for a definite-term employment contract;
- At least 45 days for an indefinite-term employment contract, except in the following cases:
- If a pregnant employee has a certificate from a competent health establishment stating that continued work will adversely affect her pregnancy, she may unilaterally terminate the employment contract or temporarily postpone its performance. The period for the female employee to give advance notice to the employer depends on the period determined by the competent health establishment.
- The time of prior notice to unilaterally terminate or suspend the employment contract as indicated by the authorized medical facility.
Thus, under the above provisions, Vietnamese law does not specifically regulate the form of notice when an employee resigns. Therefore, when an employee wishes to resign, it is not mandatory to notify the employer in writing; the employee may notify through any form such as verbally, via email, by written document, etc.
However, in practice, when notifying of resignation, the employee must ensure that the employer has received the notice. For verbal notification, the employee needs to have a witness or make an audio or video recording to confirm that the employee has notified the employer and must prove the legality of the recording or seek witnesses. Therefore, notification of resignation in writing is the best form to ensure clear evidence and the ability for the employee to request confirmation from the company.
Ty Na
