Vietnam hiring process employers: a step by step checklist

Vietnam hiring process employers follow runs in six steps: write the job post, collect applications, interview, make an offer, run a short probation, and sign a labour contract. This checklist walks through each step simply. It is general information only, so confirm the details in the official Labour Code text or with a Vietnamese employment lawyer before you hire.

Step 1: Write a clear job post

The Labour Code of Vietnam (Law 10/2012/QH13) lets an employer recruit and manage its own staff. That right comes with limits. The Code bans discrimination at work, so a job post should not exclude people because of sex, ethnicity, religion or social background. Keep the ad to what the job really needs.

Put the basics in the post: job title, place of work, main duties, the pay range or the way pay is set, and the kind of contract on offer. Candidates will ask about these things later. Saying them early saves time for both sides.

Sources: Labour Code 10/2012/QH13, provisions on the rights of employers and on equality and prohibited acts.

Step 2: Collect and screen applications

Ask for what you need to judge the job. A CV, a cover note and proof of key skills are usual. The Code says each side must be honest when a contract is concluded. The employer must explain the job, the working conditions, the pay and the insurance. The worker must give true facts about age, health, training and skills when the employer asks for them.

Only ask for documents that relate to the job. Health details should be limited to what the role truly requires. Keep applicant files in a safe place and share them only with the people who make the hiring choice.

Sources: Labour Code 10/2012/QH13, provisions on information each side must give before a contract is signed; Decree 05/2015/ND-CP, which guides parts of the Code.

Step 3: Interview and check the facts

Use the same questions for every candidate for the same job. Write down the answers. Check degrees and past jobs by contacting the school or the former employer, with the candidate's knowledge.

One rule matters a great deal here. The Code does not allow an employer to keep a worker's original identity papers, degrees or certificates. It also does not allow an employer to ask for a cash deposit or property as a condition of hiring. Look at a document, take a copy, and give the original back at once. Copies are fine. Originals are not yours to hold.

Sources: Labour Code 10/2012/QH13, provision on original papers and deposits when concluding and performing a contract.

Step 4: Make a written offer

A short offer letter avoids later disputes. State the job title, the start date, the pay, the working hours, the probation terms if any, and the contract type. If you plan to hire a foreign national, work permit rules apply as well. Decree 11/2016/ND-CP sets out the permit process, and the person usually needs the permit before starting work.

Give the candidate time to read the offer. A candidate who understands the terms is less likely to leave in the first month.

Sources: Decree 11/2016/ND-CP on foreign workers in Vietnam; Labour Code 10/2012/QH13.

Step 5: Use probation the right way

Probation is optional. If both sides agree, they may sign a probation agreement or add a probation clause to the contract. The Code sets the maximum length by the type of job. For work needing a college degree or higher, probation may last up to 60 days. For technical or vocational roles it may last up to 30 days. For other jobs it is limited to 6 working days. Probation can be used only once for the same job.

The probation salary cannot fall below 85 percent of the usual wage paid for that same job. If the person passes, the employer must sign the formal labour contract. If not, either side may end probation without notice and without compensation.

Sources: Labour Code 10/2012/QH13, provisions on probation, its length and its pay; Decree 05/2015/ND-CP.

Step 6: Sign the labour contract

The Code names three main contract types. An indefinite contract has no end date. A fixed term contract runs for 12 to 36 months. A seasonal or one off contract runs for under 12 months. If a fixed term contract ends and the worker keeps working, both parties have to sign a fresh contract inside 30 days. During that time the old terms still apply. After that, a second fixed term contract may be signed once. A third must be indefinite.

A contract for three months or longer must be in writing, in two copies, one for each side. A job under three months may be agreed by spoken word. The contract should list the job, place of work, term, pay, pay date, working hours, rest, protective equipment and insurance. Compulsory social insurance applies to contracts of three months or longer under the Law on Social Insurance 58/2014/QH13. The company signs through its legal representative or a person the representative has authorised in writing. Give the worker their copy on the day of signing.

Sources: Labour Code 10/2012/QH13, provisions on contract types, form and content; Law on Social Insurance 58/2014/QH13; Decree 05/2015/ND-CP.

A quick checklist to keep

Before the first day, confirm each item. The job post is fair and clear. Applicants gave true information. You hold copies, never originals. No deposit was taken. The offer is in writing. Probation, if used, follows the length and pay limits. The labour contract is signed in two copies. Insurance is arranged.

A new Labour Code (45/2019/QH14) was passed on 20 November 2019 and is due to take effect on 1 January next year, so some rules here will change. Laws and guidance change, so confirm details with the labour authority or a qualified Vietnamese lawyer before you hire.

Sources: Labour Code 10/2012/QH13 (in force from 1 May 2013); Decree 05/2015/ND-CP (2015); Decree 11/2016/ND-CP (2016); Law on Social Insurance 58/2014/QH13 (2014); new Labour Code 45/2019/QH14 (passed 2019). Texts listed in the ILO NATLEX database for Viet Nam: ilo.org/dyn/natlex.