• Probationary contract

Employers and employees can sign probationary contracts. These are used to assess an employee’s suitability for the position with each party given a particular set of rights and obligations for the probationary period.

The probationary contracts must contain certain contents in accordance with the Labour Code of Vietnam.

The probationary period is: (i) maximum 60 days for positions which require specialized or highly technical skills at a college level or higher; or (ii) maximum 30 days for positions which require skills at a secondary level or for technicians and tradespersons; or (iii) maximum 06 working days for other positions.Employees retained for seasonal jobs do not have a probation period.

The salary payable to Employees during the probationary period shall be agreed to by the parties but must be at least 85% of the salary offered for the job.

  • Labour Contract

There are 03 types of labour contracts, including an indefinite term labour contract, a definite term labour contract (from a full 12 months to 36 months) and a seasonal or labour contract for a specific work (a work duration of less than 12 months).

Employers are not allowed to retain Employees with labour contracts of less than 12 months to do regular work for 12 months or more, except for the temporary replacement of Employees performing military service, maternity leave, suffering from sickness or occupational accidents, or other forms of temporary leave.

Employers are twice allowed to retain Employees with either a definite term labour contract from a full 12 months to 36 months or with a seasonal or labour contract for specific work of less than 12 months. If the second definite term labour contract and/or seasonal or labour contracts for specific work with a duration of less than 12 months are not signed within 30 days, starting from the expiry date of the first definite term labour contract and/or the seasonal labour contracts or labour contracts for specific work with a duration of less than 12 months, the signed definite term labour contract will become an indefinite term labour contract and the seasonal labour contracts or labour contracts for specific work with a duration of less than 12 months will become a definite term labour contract with a duration of 24 months.

Moreover, after the duration of either the second definite term labour contract, seasonal labour contract or labour contracts for specific work of less than 12 months has expired, an indefinite term labour contract must be signed.