Vietnam probation period rules for new employees

Vietnam probation period rules cap the trial period at 60 days, 30 days or 6 working days, depending on the job. A business can set a shorter probation, never a longer one. It must also pay at least 85 percent of the normal wage for the job during that time.

This guide explains the limits, the pay floor and how probation ends. It reflects the Labour Code of 2012. It is general information, not legal advice.

What probation is

Probation is a trial. The employee tries the job and the employer checks whether the person fits. Article 26 of the Labour Code lets the two sides agree to it. If they do, they may sign a separate probation contract that sets each side's rights and duties during the trial. Workers on seasonal contracts do not serve probation.

Probation is a choice, not a duty. If you want it, put it in writing. The agreement should name the job, the wage and the length of the trial. A clear paper record helps both sides if a question comes up later.

Source: Labour Code, Law No. 10/2012/QH13 of 18 June 2012, in force from 1 May 2013 (Article 26).

How long probation can last

Article 27 sets the maximum by job level. The employer picks a length based on how hard the job is, but the length cannot pass these limits.

Up to 60 days for jobs that need a college degree or higher.
Up to 30 days for jobs that need vocational secondary training, and for technical workers and professional staff.
Up to 6 working days for all other jobs.

Note the unit. The first two limits count calendar days. The last one counts working days. A manager with a university degree can be on probation for up to two months. A person in a simple job gets six working days at most.

Source: Labour Code, Law No. 10/2012/QH13 of 18 June 2012, in force from 1 May 2013 (Article 27).

Only one probation per job

Article 27 also says a job can have only one probation period. An employer cannot run a 30 day trial, then add another one for the same job. Nor can it split the limit into several short trials.

If the trial goes well, the next step is a labour contract. If you need more time to judge a worker, the law gives no extra room. Plan the tasks of the trial so you can judge the person within the limit.

Source: Labour Code, Law No. 10/2012/QH13 of 18 June 2012, in force from 1 May 2013 (Article 27).

Pay during probation

Article 28 sets a pay floor. Probation pay may never fall below 85 percent of what the job normally pays. The two sides agree on the exact figure, but it cannot go under that floor.

Here is a simple example. Say the full monthly wage for a job is 10,000,000 dong. The probation wage must be at least 8,500,000 dong. That is 85 percent of 10,000,000.

The rule looks at the wage for the job, not at what the employer would like to pay a new person. Write the full wage and the probation wage in the agreement. Then anyone can check the math.

Source: Labour Code, Law No. 10/2012/QH13 of 18 June 2012, in force from 1 May 2013 (Article 28).

How probation ends

Article 29 covers the end of probation. There are two outcomes.

If the trial work meets the requirements, the employer must sign a labour contract with the employee.
If the trial work falls short of the standards both sides set, either side may cancel the probation agreement.

During the trial, the law lets each side cancel the agreement without advance notice and without paying compensation, but only when the trial work falls short of what both sides set as the standard. That works both ways. A new hire can walk away from a bad fit, and so can the employer.

Write down the requirements before the trial starts, so both sides know what counts as a pass. Keep a short record of the result.

Source: Labour Code, Law No. 10/2012/QH13 of 18 June 2012, in force from 1 May 2013 (Article 29).

A short checklist for employers

Use these points before a new person starts.

Decide the job level, then choose a length that fits the limit: 60 days, 30 days or 6 working days.
Write the probation terms down: the job, the length and the wage.
Set the probation wage at 85 percent or more of the job wage.
Count the days with care, and use working days for the simple jobs.
Run only one probation for the job.
Sign the labour contract if the trial work meets the requirements.

Employees can use the same list. Ask for the agreement in writing. Check that the length and the pay match the law.

Source: Labour Code, Law No. 10/2012/QH13 of 18 June 2012, in force from 1 May 2013 (Articles 26 to 29).

Sources

Labour Code, Law No. 10/2012/QH13 of the National Assembly of Vietnam, 18 June 2012, Articles 26 to 29.