Short answer: a probationary period is an employment relationship — wages of at least 85% of the job’s salary are mandatory (Article 26 of the 2019 Labor Code). Apprenticeship and vocational training are training relationships — wages are paid only when the trainee directly or participates in labor, at an agreed rate with no 85% floor (Article 61.5). Labeling someone an “apprentice” while they work normally to dodge the 85% floor is a prohibited act (Article 8.4). From 01/01/2026, the 2025 Law on Vocational Education amends Article 61.3 of the Labor Code: employers recruiting apprentices/trainees have only the obligation “not to collect tuition fees”.
1. Quick comparison table
| Criterion | Probationary period | Apprenticeship / vocational training |
|---|---|---|
| Nature | Employment relationship | Training relationship |
| Maximum duration | 180 / 60 / 30 days or 06 working days (by job qualification); once per job | Apprenticeship: per training program; Vocational training: maximum 03 months |
| Wages | MANDATORY, minimum 85% of the job’s salary (Art. 26) | Only when DIRECTLY or PARTICIPATING in labor → agreed rate, NO 85% floor (Art. 61.5) |
| Tuition fees | — | BANNED from collecting tuition (Art. 61.3 as amended from 01/01/2026) |
| Ending | Pass → labor contract; either party may cancel during probation without notice or compensation (Art. 27) | Upon expiry → must sign a labor contract if the trainee qualifies (Art. 61.6) |
| Typical dispute | Pay below 85%; exceeding the maximum duration; two probations for the same job | Labeling as “apprentice” to dodge 85% while the person works normally → violates Art. 26 and Art. 8.4 |
2. Analysis of each difference
Nature: employment or training?
Probation (Articles 24–27 of the 2019 Labor Code) is a stage where both sides test each other within an employment relationship: the employee performs the actual job, the employer assesses capability. Apprenticeship and vocational training (Articles 61–62) are training relationships: the main purpose is skills transfer, and the trainee is not (or not yet fully) a worker producing output. This difference in nature determines the entire wage regime.
Wages: the mandatory 85% and the training exception
Probationary wages are agreed by the parties but must not be lower than 85% of the job’s salary (Article 26) — a hard floor. In contrast, for apprenticeship/vocational training, the employer must pay wages only when the trainee directly or participates in labor producing output, at an agreed rate — the 85% floor does not apply (Article 61.5). Consequence: if an “apprentice” in fact works normally like a regular employee, the company cannot invoke “training” to pay below 85%.
New from 01/01/2026: the training-contract requirement removed
The Law on Vocational Education 2025 (124/2025/QH15, effective 01/01/2026), at point b clause 1 Article 43, amends Article 61.3 of the Labor Code: employers recruiting apprentices or trainees to work for them must not collect tuition fees — and the old requirement to “sign a training contract in accordance with the Law on Vocational Education” has been removed. The only remaining obligation in this clause is the tuition-fee ban. Companies should update apprenticeship/training templates still citing the old Article 61.3.
Ending: canceling probation and post-training obligations
During probation, either party may cancel the probation agreement without prior notice and without compensation if the trial work is unsatisfactory (Article 27); if satisfactory, the parties enter into a labor contract. For apprenticeship/training, upon expiry where the trainee qualifies, the employer must sign a labor contract with them (Article 61.6) — an obligation, not an option.
3. Practical notes
- The most common dispute: hiring people to work normally but signing “apprenticeship/training” paperwork to pay low wages and dodge the 85% floor. In disputes, authorities look at the actual work performed, not the document’s title — this violates Article 26 (probation wage floor) and Article 8.4 (banning abuse of training arrangements for profit).
- No double probation for the same job; do not extend probation beyond the maximum by qualification (180/60/30 days or 06 working days).
- From 01/01/2026, review and fix templates still stating “sign a training contract under the Law on Vocational Education” per the old Article 61.3 — that requirement has been abolished.
- Note the boundary between Article 61 (apprenticeship/training to work for the employer) and Article 62 (training contracts funded by the employer): two different regimes — distinguish carefully case by case, do not mix them.
4. Conclusion
Probation and apprenticeship/training differ in the nature of the relationship, with the direct consequence being the wage regime: 85% is the mandatory floor for probation, while apprenticeship/training wages apply only when the trainee actually participates in labor. From 01/01/2026, the employer’s obligation when recruiting apprentices/trainees is simplified to only “not collecting tuition fees”. Naming the relationship correctly from the start is the cheapest way to avoid wage disputes later.
Need probation or apprenticeship agreements drafted? FLAT Law Firm advises on and drafts probation, apprenticeship and training agreements in compliance with the 2019 Labor Code and current amendments. Contact us at contact us.
Information in this article is for general reference under the laws in force at the time of writing (14/10/2026) and is not legal advice for any specific case.
Transparency note: This article was drafted by FLAT Law Firm’s AI content production system and has passed the AI content review council (AI Legal Council QA). It has not been reviewed by a human lawyer.
