勞動契約與試用期 — Vietnam

Status: Content filled via web research.
Local currency: VND (Vietnamese Dong)
Governing law: Bo luat Lao dong 2019 (Labor Code 2019), effective 2021-01-01

1. 主要法源 (Primary Sources)

• 法典：Bo luat Lao dong 2019 (Labor Code No. 45/2019/QH14) 🟢
• 相關條文範圍：Articles 13-29 (Employment contracts), Articles 24-27 (Probation), Article 20 (Fixed-term renewal) 🟢
• 主管機關：Ministry of Labour, Invalids and Social Affairs (MOLISA) 🟢
• 主管機關公布網址：https://boluatlaodong2019.molisa.gov.vn/ 🟢
• 實施細則：Nghi dinh 145/2020/ND-CP (Decree 145/2020) — detailed guidance on Labor Code implementation 🟢

2. 核心規定 (Core Provisions)

2.1 契約類型 (Contract Types)

• 法條：🟢 — Labor Code 2019, Article 20

• 內容：
  Vietnam recognizes two primary contract types:

  1. Hop dong lao dong khong xac dinh thoi han (Indefinite-term contract): No fixed end date; either party may terminate with proper notice.
  2. Hop dong lao dong xac dinh thoi han (Fixed-term contract): Duration up to 36 months maximum.

  Under the 2019 Labor Code, the previous third type — seasonal/specific-task contracts (less than 12 months) — was eliminated. The 2012 Labor Code had three types; the 2019 code consolidated to two. 🟢

• 派遣 (Labor dispatch)：Regulated under Articles 52-57 of the Labor Code 2019. Labor dispatch enterprises must have a deposit of at least VND 2,000,000,000 and obtain a license. Dispatch period is limited to 12 months. 🟢

• 例外：

  • Contracts for less than 1 month may be concluded verbally (Article 14(2)). 🟢
  • For domestic work, specific regulations apply under Articles 161-164. 🟢

• 罰則：Failure to conclude a written contract when required can result in administrative fines under Decree 12/2022/ND-CP ranging from VND 2,000,000 to VND 25,000,000 depending on the number of affected employees. 🟡

2.2 書面要求與必要條款 (Written Form & Mandatory Clauses)

• 法條：🟢 — Labor Code 2019, Articles 14, 21

• 內容：

  • Employment contracts must be in writing and made in two copies (one for each party). 🟢
  • For contracts with a duration of less than 1 month, the parties may conclude a verbal agreement, except for domestic work and certain other cases specified by law. 🟢
  • Electronic contracts concluded through electronic means in accordance with the Law on Electronic Transactions are recognized as written contracts. 🟢

• 必要條款 (Article 21)：
  An employment contract must include the following: 🟢

  1. Name, address, and legal representative of the employer
  2. Full name, date of birth, gender, residence, ID card/passport number of the employee
  3. Work to be performed and workplace
  4. Duration of the employment contract
  5. Salary amount, form of payment, payment period, allowances, and other additional payments
  6. Regime of promotion and salary increases
  7. Working time and rest time
  8. Personal protective equipment for the employee
  9. Social insurance, health insurance, and unemployment insurance
  10. Training, skill development, and occupational qualification improvement

• 罰則：Contracts missing mandatory clauses are subject to fines from VND 2,000,000 to VND 10,000,000. 🟡

2.3 試用期長度與規則 (Probation Period Length)

• 法條：🟢 — Labor Code 2019, Articles 24, 25, 26

• 內容：
  The employer and employee may agree on a probationary period. Probation terms may be included within the employment contract or concluded as a separate probation contract. 🟢

  Maximum probation durations (Article 25): 🟢

  Position Type	Max Duration
  Enterprise management positions (per Enterprise Law / Law on Management and Use of State Capital)	180 days
  Professional/technical positions requiring college degree or higher	60 days
  Professional/technical positions requiring intermediate vocational certificate, technical workers, professional staff	30 days
  Other positions	6 working days

  • Probation is prohibited for contracts with a duration of less than 1 month. 🟢
  • Only one probation period is permitted per job. 🟢

• 試用期薪資 (Article 26)：

  • The probationary salary must be at least 85% of the salary for the position. 🟢
  • Violation fine: VND 2,000,000 to VND 5,000,000 for individuals, VND 4,000,000 to VND 10,000,000 for organizations. 🟡

2.4 試用期終止條件 (Probation Termination Rules)

• 法條：🟢 — Labor Code 2019, Article 27

• 內容：

  • During the probationary period, either party has the right to terminate the probation contract or the employment contract without prior notice and without compensation. 🟢
  • If the probationary work is satisfactory, the employer must continue to perform the employment contract (if probation was part of the employment contract) or conclude an employment contract (if a separate probation contract was used). 🟢
  • If the probation results are unsatisfactory, the employer may terminate the probation contract or employment contract. 🟢

• 例外：

  • The employer may not extend the probation period beyond the statutory maximums. 🟢
  • If the employer does not notify the employee of the probation result upon expiry, the employee is deemed to have passed probation. 🟠

• 罰則：Requiring an employee to serve a probation period longer than legally permitted results in fines from VND 2,000,000 to VND 10,000,000. 🟡

2.5 定期契約續約上限 (Fixed-Term Renewal Cap)

• 法條：🟢 — Labor Code 2019, Article 20

• 內容：

  • A fixed-term contract may be renewed once (i.e., the parties may enter into one additional fixed-term contract after the initial one expires). 🟢
  • If the employee continues to work after the expiration of the second fixed-term contract, the parties must enter into an indefinite-term contract. 🟢
  • Practical effect: an employee can work under fixed-term contracts for a maximum of 72 months (two consecutive 36-month contracts), after which the relationship must convert to indefinite-term. 🟢

• 例外：🟢

  • Directors of state-invested enterprises under the Law on Management and Use of State Capital invested in Enterprises.
  • Cases specified in Article 149(4) (elderly employees) and Article 151(2) (foreign employees with work permits).
  • Certain other cases prescribed by Government decree.

• 自動轉換規則：

  • If the employee continues working for more than 30 days after the second fixed-term contract expires without a new contract being signed, the fixed-term contract automatically becomes an indefinite-term contract. 🟢
  • If a new contract is signed within those 30 days, it must be indefinite-term (unless an exception applies). 🟢

2.6 電子契約效力 (E-Contract Validity)

• 法條：🟢 — Labor Code 2019, Article 14(1)
• 內容：
  • Employment contracts concluded via electronic means in accordance with the Law on Electronic Transactions (Luat Giao dich dien tu 2023, No. 20/2023/QH15, effective July 1, 2024) are recognized as written contracts. 🟢
  • Requirements for a valid electronic employment contract: 🟠
    1. The electronic document must be capable of being stored, retrieved, and reproduced in its original form.
    2. The electronic signature must be a qualified digital signature or meet the requirements of the Law on Electronic Transactions.
    3. Both parties must have access to the electronic contract.
  • 🔴 — The new Law on Electronic Transactions 2023 replaced the 2005 version. Its interaction with employment contract requirements under the Labor Code is still being clarified by implementing regulations.
  • In practice, many employers use a combination of physical and electronic signatures. Pure e-contracts are more common among multinational companies and technology firms. 🟠

2.7 競業禁止與保密條款 (Non-Compete & Confidentiality)

• 法條：🟢 — Labor Code 2019, Article 21(2)
• 內容：
  • When work involves trade secrets or technology secrets, the employer has the right to agree in writing with the employee on the content of the trade/technology secret protection clause, the duration, the scope, and compensation in case of breach. 🟢
  • Non-compete clauses are permitted but must be specifically agreed upon in writing. 🟢
  • The Labor Code does not set specific limits on the duration or geographic scope of non-compete clauses, leaving these to be determined by the parties. 🟠
  • Enforcement of non-compete clauses by Vietnamese courts has been inconsistent, with courts sometimes declining to enforce overly broad clauses. 🟠

3. 立法理由與實務見解 (Rationale & Practice)

• 立法背景：
  The Labor Code 2019 replaced the 2012 Labor Code effective January 1, 2021. Key changes relevant to contracts and probation include: 🟢

  1. Consolidation from three contract types to two (elimination of seasonal/specific-task contracts).
  2. Extension of maximum fixed-term contract duration from 36 months (unchanged) with clearer renewal rules.
  3. Introduction of the 180-day probation period for enterprise managers (previously capped at 60 days for all professional positions).
  4. Recognition of electronic employment contracts.

• 重要判決／函釋：

  • MOLISA Official Letters provide guidance on probation implementation — specific numbers vary by topic. 🟡
  • 🔴 — Court decisions on non-compete enforcement remain inconsistent and largely unreported in English-language sources.

• 實務灰色地帶：

  • Multiple probation periods: Some employers attempt to use successive probation contracts by slightly varying the job title. This is illegal under Article 24 but enforcement is inconsistent. 🟠
  • Probation for seasonal work: With the elimination of the seasonal contract type, all short-term work now falls under fixed-term contracts, creating ambiguity for truly seasonal industries. 🟠
  • Foreign employees: Work permits have a maximum validity of 2 years, which interacts with the fixed-term contract renewal cap. In practice, foreign employees often remain on successive fixed-term contracts tied to their work permit validity, relying on the Article 151(2) exception. 🟠

• 近年修法趨勢：

  • The 2019 Labor Code represents a significant modernization, aligning Vietnam closer to ILO standards. 🟡
  • Decree 145/2020/ND-CP (effective February 1, 2021) provides detailed implementation guidance. 🟢
  • Decree 12/2022/ND-CP (effective January 17, 2022) establishes detailed administrative penalty schedules for labor law violations. 🟢
  • The Law on Electronic Transactions 2023 (No. 20/2023/QH15, effective July 1, 2024) modernizes the framework for electronic employment contracts. 🟢
  • Ongoing discussions about further amendments to address gig economy and platform workers, but no formal legislative proposals as of early 2026. 🔴

• 社會保險互動：

  • During probation, the employer is not required to pay social insurance, health insurance, or unemployment insurance contributions for the employee if probation is structured as a separate probation contract. 🟠
  • If probation is included within the employment contract itself, social insurance obligations apply from day one. 🟠
  • This creates a practical incentive for employers to use separate probation contracts, though employee advocates argue this disadvantages workers. 🟠

4. 雇主合規重點 (Employer Compliance Hotspots)

• 🟢Ensure all contracts exceeding 1 month are in written form with all 10 mandatory clauses per Article 21.
• 🟢Probation salary must be at least 85% of the regular salary for the position — never lower.
• 🟢Do not impose probation on contracts lasting less than 1 month.
• 🟢Track fixed-term contract renewals: after the second fixed-term contract, the next must be indefinite-term.
• 🟢Monitor the 30-day grace period after contract expiration — failure to sign a new contract converts the relationship to indefinite-term automatically.
• 🟢Clearly document probation evaluation results before the probation period expires.
• 🟢For foreign employees, align contract duration with work permit validity and track exceptions under Article 151(2).
• 🟠Non-compete clauses should be reasonable in scope and duration; overly broad clauses may not be enforceable.
• 🟠Do not use successive probation contracts for the same or similar job — this violates the one-probation-per-job rule.
• 🟠When using separate probation contracts (vs probation within the employment contract), be aware of the social insurance enrollment difference — separate probation contracts may not require SI contributions, but this creates regulatory risk.
• 🟡Electronic employment contracts must comply with the Law on Electronic Transactions 2023 — informal electronic communications (Zalo messages, emails without digital signatures) do not qualify.
• 🟡For labor dispatch arrangements, ensure the dispatch enterprise has the required VND 2 billion deposit and valid license, and that the dispatch period does not exceed 12 months.

5. 與其他轄區的關聯 (Cross-References)

• 與 china：🔷 相似 — Both socialist-origin labor codes; China also caps probation by contract duration but uses different tiers (1/2/6 months). Both require written contracts and limit fixed-term renewals.
• 與 taiwan：🔶 差異 — Taiwan has no statutory probation period framework; Vietnam has detailed statutory caps. Taiwan's Labor Standards Act does not limit fixed-term renewals in the same manner.
• 與 india：🔶 差異 — India's probation rules are largely governed by standing orders and employment contracts rather than a unified labor code; Vietnam's are codified in the Labor Code.
• 與 mexico：🔷 相似 — Both have tiered probation periods (30/180 days for Mexico vs 6/30/60/180 days for Vietnam). Both limit fixed-term contract renewals.
• 與 brazil：🔶 差異 — Brazil uses a shorter maximum probation (90 days) without tiering by position type. Vietnam's system is more granular.

6. 風險警示 (Risk Flags)

• 🔴高風險 — Automatic indefinite-term conversion: If an employer fails to track the two-renewal cap on fixed-term contracts or misses the 30-day window after contract expiry, the employment relationship becomes indefinite-term by operation of law. This significantly increases termination costs and complexity.

• 🔴高風險 — Probation salary violations: Paying below 85% of the position salary during probation is a common compliance failure and subject to fines. The benchmark is the salary for the position, not the individual's negotiated salary.

• 🟡中等風險 — Verbal contracts: For engagements under 1 month, verbal agreements are permitted, but if the work continues beyond 1 month without a written contract, the employer faces fines and the relationship is presumed indefinite-term.

• 🟡中等風險 — Electronic contracts: While recognized, the Law on Electronic Transactions requirements must be met (digital signatures, data integrity). Using informal messaging (Zalo, email) as a contract substitute is risky.

• 🟡中等風險 — Foreign employee exception abuse: Relying on Article 151(2) to keep foreign employees on perpetual fixed-term contracts may attract regulatory scrutiny if the work is clearly permanent in nature.

• 🟡中等風險 — Social insurance during probation: Using a separate probation contract (rather than including probation within the employment contract) may exempt the employer from social insurance contributions during probation. However, if later challenged, the employer may face back-payment obligations plus interest and penalties.

• 🟡中等風險 — Labor dispatch limitations: Exceeding the 12-month dispatch period or using unlicensed dispatch enterprises exposes the host company to fines and potential reclassification of the dispatch relationship as direct employment.

7. 資料來源清單 (References)

1. 🟢Labor Code No. 45/2019/QH14 (official English translation) — https://boluatlaodong2019.molisa.gov.vn/lang_en/topic/viet_nam_labour_code/index (accessed 2026-04-10)
2. 🟢Labor Code 2019 English full text — https://www.economica.vn/Content/files/LAW%20&%20REG/Labor%20Code%202019%20ENG.pdf (accessed 2026-04-10)
3. 🟡ASL LAW — Regulations on probationary regime — https://aslgate.com/regulations-on-the-probationary-regime-for-employees-in-vietnam/ (accessed 2026-04-10)
4. 🟡Vietnam Briefing — Probationary Contracts Legal Framework — https://www.vietnam-briefing.com/news/vietnam-probationary-contracts-legal-framework-implications-employers.html/ (accessed 2026-04-10)
5. 🟡Le & Tran Law — Fixed-Term vs Indefinite-Term Contracts — https://letranlaw.com/insights/fixed-term-vs-indefinite-term-labor-contracts-key-differences-in-vietnam/ (accessed 2026-04-10)
6. 🟡InCorp Vietnam — Probation Contracts Guide — https://vietnam.incorp.asia/probation-contracts-in-vietnam/ (accessed 2026-04-10)
7. 🟡Acclime Vietnam — Labour Law Changes 2019 — https://vietnam.acclime.com/news-insights/labour-law-changes-2019/ (accessed 2026-04-10)
8. 🟡Hi-Law & Partner Firm — Probation Regulations 2025 — https://hilawpartner.com/en/regulations-on-probation-under-the-current-laws-of-vietnam-as-of-2025/ (accessed 2026-04-10)

8. 待確認事項 (Open Questions)

• 🔴 — Specific fine amounts under Decree 12/2022/ND-CP for contract violations: exact schedule of fines by violation type and number of affected employees should be verified against the latest decree amendment.
• 🔴 — Court enforcement track record for non-compete clauses: limited English-language case law available. Local Vietnamese legal databases should be consulted.
• 🔴 — Whether Decree 145/2020/ND-CP has been amended since its initial promulgation — latest consolidated version should be confirmed.
• 🔴 — Interaction between probation rules and collective bargaining agreements (CBAs) in specific industries — CBAs may provide more favorable terms.
• 🔴 — Social insurance obligation during separate probation contracts: Decree 145/2020 and social insurance regulations should be cross-referenced to confirm the current rule on SI enrollment during probation.
• 🔴 — Impact of the new Law on Electronic Transactions 2023 on employment contract formation — implementing regulations and MOLISA guidance should be monitored.
• 🔴 — Whether the labor dispatch deposit amount (VND 2 billion) has been adjusted by subsequent regulation since Decree 145/2020.