45 days, 30 days, or 3 days? The notice period for unilateral termination of a labor contract is one of the most-looked-up — and most-disputed — questions in Vietnamese labor law, often because of confusion between “days” and “working days” or misapplication across contract types. This article provides complete lookup tables under Articles 35–36 of Labor Code 45/2019/QH14, cases allowing termination without notice, special occupations, and the consequences of short notice.
Two-Way Lookup: Terminating Party × Contract Type
Employee-initiated termination (Article 35(1))
| Contract type | Notice period | Day count |
|---|---|---|
| Indefinite-term | At least 45 days | Calendar days |
| Definite-term of 12–36 months | At least 30 days | Calendar days |
| Definite-term under 12 months | At least 3 working days | Working days (excl. rest days) |
Employer-initiated termination (Article 36(2))
| Contract type | Notice period | Applicable only when |
|---|---|---|
| Indefinite-term | At least 45 days | Only in cases under Article 36(1): employee’s repeated underperformance; long-term sickness/accident; force majeure (natural disaster, fire, dangerous epidemic, enemy sabotage) or relocation/downsizing required by authorities; employee’s failure to return after contract suspension… |
| Definite-term 12–36 months | At least 30 days | |
| Definite-term under 12 months | At least 3 working days |
The key asymmetry: employees may terminate unilaterally without stating reasons (proper notice suffices); employers must have statutory grounds under Article 36(1) — without lawful grounds, even full notice is unlawful.
Special Occupations: Up to 120 Days
Under Article 7 of Decree 145/2020/ND-CP, certain special occupations (e.g., aircraft crew members, seafarers, other Government-designated special jobs) carry longer notice periods — up to 120 days for contracts of 12 months or more. Employers in these sectors must check the specific rules rather than mechanically applying the 45/30/3 table.
Cases Requiring NO Notice
Employees may leave immediately (Article 35(2))
- Not assigned the agreed job, workplace, or working conditions;
- Wages unpaid in full or on time;
- Mistreatment, assault, insulting words/acts affecting health, dignity, or honor; forced labor;
- Sexual harassment at the workplace;
- Pregnant employees taking leave under Article 138;
- Reaching statutory retirement age;
- Employer providing dishonest information affecting contract performance.
Employers may terminate immediately (Article 36(3))
- Employee absent without legitimate reason for 5+ working days;
- Employee fails to return after the contract suspension period.
Worked Examples
Example 1: An employee on a 24-month definite-term contract submits resignation on Monday 2/3/2026. Notice: 30 calendar days → last working day 31/3/2026 (contract ends 1/4/2026).
Example 2: An employee on a 6-month contract resigns on Friday 6/3/2026. Notice: 3 working days → excluding Saturday and Sunday → last working day Wednesday 11/3/2026.
Example 3: An employer terminates an indefinite-term contract for repeated underperformance (documented in writing). It must give at least 45 days’ notice and prove the ground falls under Article 36(1).
Consequences of Short Notice
Short notice = unlawful unilateral termination (Article 39), triggering:
- Breaching employer: reinstate the employee, pay wages + SI/HI/UI contributions for days not worked, compensate at least 2 months’ wages (Article 41).
- Breaching employee: no severance allowance; compensate the employer half a month’s wage plus wages for the days of notice shortfall.
Withdrawing a Unilateral Termination (Article 38)
Either party may withdraw a unilateral termination before the notice period expires, provided it notifies in writing and the other party agrees in writing. Different mutual agreements prevail.
Notice-Period Checklist
- ☐ Identify the terminating party (employee: no reason needed / employer: statutory ground under Art. 36(1) required).
- ☐ Identify the contract type (indefinite / 12–36 months / under 12 months).
- ☐ Apply the correct 45 / 30 / 3 — and the correct day type (calendar vs working days).
- ☐ Check for special-occupation rules (up to 120 days).
- ☐ Check for no-notice cases.
- ☐ Calculate the actual end date on the calendar; keep delivery evidence.
Disclaimer: General information under Labor Code 45/2019/QH14 (Arts. 35, 36, 38, 39, 41) and Decree 145/2020/ND-CP, as of publication. Specific cases require checking the labor contract, internal labor regulations, and collective agreements.
Content reviewed by the FLAW AI Legal Council — an AI council with the mindset of seasoned lawyers. This is not the opinion of a human lawyer and does not replace direct legal advice.
This article has been reviewed by the QA Council.
For advice on labor contract termination or labor disputes, please contact FLAT Law Firm.
