Recruiting apprentices and trainees is common for employers in Vietnam, but many still apply the outdated rule requiring a “training contract” under the 2014 Law on Vocational Education — a requirement abolished effective 01/01/2026. This article updates the current legal framework on employers’ rights and obligations in apprenticeships.
1. Current legal framework
Apprenticeships are governed by Articles 60–62 of Labor Code No. 45/2019/QH14 (Consolidated Document 18/VBHN-VPQH 2026) and Law on Vocational Education No. 124/2025/QH15 (effective 01/01/2026, replacing Law 74/2014/QH13). Enterprises’ rights and responsibilities in vocational education are set out in Articles 33–34 of Law 124/2025.
2. Apprenticeship vs. traineeship
Apprenticeship (Article 61(1)): the employer recruits a person for vocational training at the workplace; duration follows the training program for each qualification level under the Law on Vocational Education.
Traineeship (Article 61(2)): the employer recruits a person for guided practice of the job at the workplace; the traineeship period must not exceed 03 months.
3. Key change from 01/01/2026: the “training contract” requirement abolished
Previously, Article 61(3) of the Labor Code required employers to “sign a training contract in accordance with the Law on Vocational Education.” This has been amended by Article 43(1)(b) of Law 124/2025 (effective 01/01/2026) — because Law 124/2025 no longer provides for training contracts.
The current Article 61(3) contains only one duty: employers recruiting apprentices or trainees to work for them must not charge tuition fees. Enterprises should immediately update internal templates and procedures that still cite the old rule.
4. Conditions and entitlements of apprentices/trainees
- Age: at least 14 years old with suitable health (Article 61(4)). Heavy, hazardous or dangerous jobs (per the MOLISA Minister’s list) require age 18+, except arts, sports and physical training.
- Wages: if the apprentice/trainee directly performs or participates in labor during training, they are paid at the mutually agreed rate (Article 61(5)).
- After training: upon expiry of the apprenticeship/traineeship, both parties must conclude a labor contract when the Labor Code’s conditions are met (Article 61(6)).
5. Training contracts when the employer funds upskilling or retraining
Distinct from the above: where an employee receives advanced training, skills upgrading or retraining domestically or abroad funded by the employer (including partner-sponsored funds), both parties must sign a vocational training contract (Article 62, in two copies). Key contents: the trade; place, time and wages during training; post-training work commitment period; training costs and reimbursement liability; each party’s responsibilities.
Training costs include documented expenses: instructor fees, materials, classrooms, machinery and equipment, practice materials, learner support costs, plus wages and social/health/unemployment insurance contributions for the learner during training; overseas training additionally covers travel and living costs.
6. Enterprises’ rights (Article 33, Law 124/2025)
- Establish vocational education institutions to train personnel for the enterprise and society.
- Organize elementary-level and other vocational training programs for employees.
- Deduct vocational training expenses when determining taxable CIT income.
- Receive training-fund support (elementary training for disadvantaged persons; priority trades) under Article 32.
7. Enterprises’ obligations (Article 34, Law 124/2025 and Article 60, Labor Code)
- Build an annual training plan and budget for training and skills upgrading; annually report training results to the provincial labor authority (Article 60).
- Assign experts and technicians to training; accept learners for practice and internships at the enterprise.
- Organize training or order training from vocational education institutions for recruited employees.
- Pay wages/remuneration to learners who directly perform or participate in labor producing outputs during training (agreed rate).
- Facilitate employees’ training and skills upgrading.
8. Prohibited conduct
Article 8(4) of the Labor Code strictly prohibits abusing apprenticeship/traineeship arrangements for profiteering or labor exploitation, or luring or coercing apprentices/trainees into illegal activities.
FAQs
Q: From 2026, must employers sign a training contract with trainees?
A: No. The requirement was abolished on 01/01/2026 (Law 124/2025); the remaining duty is not charging tuition fees.
Q: What is the maximum traineeship period?
A: 03 months (Article 61(2), Labor Code).
Q: May an enterprise charge tuition to apprentices?
A: No. Article 61(3) prohibits charging tuition to persons recruited for apprenticeship/traineeship to work for the enterprise.
Legal sources
- Labor Code No. 45/2019/QH14, Consolidated Document 18/VBHN-VPQH 2026 (Articles 60, 61, 62; Article 8(4)).
- Law on Vocational Education No. 124/2025/QH15 (Articles 32, 33, 34; Article 43(1)(b)), effective 01/01/2026.
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FLAT Law Firm advises enterprises on labor and vocational training law. Contact us.
This article was prepared by the FLAW AI Legal Council and is pending QA Council review; it has not been reviewed by a licensed human lawyer. It is for general reference only and does not constitute legal advice for any specific case.
