Workers may unilaterally terminate their labor contract without giving any reason — but normally must give advance notice. However, the law lists 07 special cases where workers may quit immediately, without notice, while remaining fully lawful. This article systematizes them under Article 35 of the Labor Code 2019.
General Rule: How Much Notice Is Required?
Under Clause 1, Article 35, workers may unilaterally terminate without stating reasons, subject to notice: at least 45 days (indefinite-term contracts); at least 30 days (fixed-term contracts of 12–36 months); at least 03 working days (contracts under 12 months).
For specific industries, occupations, and jobs (Article 7, Decree 145/2020/ND-CP: flight crew members, aviation technicians, enterprise managers, seafarers, etc.): at least 120 days of notice (indefinite-term or 12+ month contracts) or at least one quarter of the contract term (contracts under 12 months).
07 Cases of Immediate Resignation Without Notice (Article 35.2)
1. Wrong assignment: not assigned the agreed job or workplace, or not provided agreed working conditions — except temporary reassignment under Article 29.
2. Unpaid/delayed wages: not paid in full or not paid on time — except delays due to force majeure (Clause 4, Article 97).
3. Abuse or forced labor: maltreated or beaten by the employer; insulted or subjected to acts harming health, dignity, or honor; subjected to forced labor.
4. Sexual harassment at the workplace.
5. Pregnant workers who must quit: with certification from a competent medical facility that continued work would harm the fetus (Clause 1, Article 138).
6. Reaching retirement age under Article 169 — unless otherwise agreed.
7. Dishonest information: the employer provided untruthful information (Clause 1, Article 16) affecting performance of the labor contract.
Resignation in these 07 cases counts as lawful termination: the employer must pay all outstanding wages, finalize social insurance records, return retained documents, and fulfill other termination obligations.
Quitting Unlawfully: Consequences (Article 40)
Workers who unilaterally terminate unlawfully (outside the 07 cases and without proper notice) will:
— Lose severance allowance;
— Pay compensation of half a month’s salary under the labor contract;
— Pay an additional amount equal to wages for the days of missing notice;
— Reimburse training costs (if any) under Article 62.
Workers should therefore check carefully whether they fall under the 07 immediate-resignation cases — and otherwise observe the notice periods.
FAQs
Is a written resignation letter required in the 07 cases?
The law does not mandate a specific form for “no-notice” resignation, but workers should notify in writing citing the applicable case under Article 35.2 as evidence, to avoid disputes over lawfulness.
What if the company refuses to finalize social insurance records?
Employers are obligated to finalize social insurance procedures; refusal or delay is a violation subject to administrative penalties.
Can probationers quit immediately?
During probation, either party may cancel the probation agreement without notice or reason — a separate, even simpler regime than the 07 cases above.
Legal Basis
Labor Code 45/2019/QH14 (consolidated VBHN 18/VBHN-VPQH 2026) — Articles 16, 29, 35, 40, 62, 97, 138, 169; Decree 145/2020/ND-CP — Article 7. Verified as of 15/10/2026.
Facing issues terminating your labor contract? Contact FLAT Law Firm to protect your rights.
This article is for general reference only and does not replace legal advice for specific cases. Content drafted by AI and awaiting review by the QA Council (FLAW AI Legal Council); it has not been reviewed by a licensed human lawyer.