What is the duration of probationary period in Vietnam?

What is the duration of probationary period in Vietnam? (Internet image)

Regarding this issue, LawNet responded as follows: 

1. What are the regulations on probation in Vietnam?

According to Article 24 of the Labor Code 2019, the probation is as follows:

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

- The probation contract must include the probation period and the following contents:

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

+ 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;

+ The job and workplace;

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

+ Working hours, rest periods;

+ Personal protective equipment for the employee;

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

2. What is the duration of probationary period in Vietnam?

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:

- 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;

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

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

- 06 working days for other jobs.

(Article 25 of the Labor Code 2019)

3. Regulations on probationary salary in Vietnam

Pursuant to Article 26 of the Labor Code 2019 stipulates that the probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.

4. Regulations on the termination of probationary period in Vietnam

- Upon the expiry of the probationary period, the employer shall inform the employee of the probation result.

If the result is satisfactory, the employer shall keep implementing the concluded employment contract, if there is one, or conclude the employment contract.

If the result is not satisfactory, the employer may terminate the concluded employment contract or the probation contract.

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

(Article 27 of the Labor Code 2019)

5. Responsibilities of the parties upon termination of an employment contract in Vietnam

- Within 14 working days following the termination of an employment contract, both parties shall settle all payments in respect of the rights and interests of each party. In the following cases, such period may be extended, but shall not exceed 30 days:

+ Shutdown of business operation of the employer that is not a natural person;

+ Changes in the organizational structure, technology or changes due to economic reasons;

+ Full division, partial division, consolidation, merger of the enterprise; sale, lease, conversion of the enterprise; transfer of the right to ownership or right to enjoyment of assets of the enterprise or cooperative;

+ Natural disasters, fire, hostility or major epidemics.

- Priority shall be given to payment of the employees’ salaries, social insurance, health insurance, unemployment insurance, severance allowance and other benefits under the collective bargaining agreement and employment contracts in case of shutdown, dissolution or bankruptcy of an enterprise or cooperative.

- The employer has the responsibility to:

+ Complete the procedures for verification of duration of participation in social insurance and unemployment insurance, return them and original copies of the employee’s other documents (if any);

+ Provide copies of the documents relevant to the employee’s work if requested by the employee. The employer shall pay the cost of copying and sending the documents.

(Article 48 of the Labor Code 2019)

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE