Recruitment Checklist: From JD to Lawful Offer Letter

Recruitment checklist: from job description to lawful offer letter

Recruitment is the "gateway" of the employment relationship — and where many FDI enterprises stumble at the first step: a JD with discriminatory requirements, an offer letter promising what the labor contract doesn't, a probation with no signed agreement. Every hiring-stage mistake can become a later labor dispute.

The 10-step Vietnam recruitment checklist offer letter below walks businesses from the job description (JD) to a lawful offer letter, under the Labor Code 2019.

Build the JD: describe the job, not the "ideal person"
Post the vacancy lawfully
Screen applications: protect candidates' personal data
Interview: ask right, don't ask wrong
Hiring decision and eligibility checks (with the work-permit sequence for foreigners)
The offer letter
Probation: agree clearly
Conclude the labor contract
Distinguish labor contracts from service/collaborator contracts
Complete post-hiring procedures and keep records

FAQ

Step 1 — Build the JD: describe the job, not the "ideal person"

A job description must focus on the work: duties, responsibilities, required qualifications, skills and experience. Content to avoid:

Discrimination: requirements on gender, age, marital status, appearance… unless the job's nature genuinely requires it and the law permits. A JD saying "males only" for an office position signals discrimination;
Unreasonable requirements: degrees or certificates irrelevant to the job; experience far beyond need, used to "filter" candidates;
Salary and benefit commitments in the JD if not yet certain — a JD is not an offer; don't promise what hasn't been approved.

Step 2 — Post the vacancy lawfully

The job ad is the enterprise's first legal "face" to candidates and regulators. Ads must be truthful, non-discriminatory, and free of unlawful conditions (e.g. requiring deposits or holding original documents — prohibited by labor law).

Step 3 — Screen applications: protect candidates' personal data

Hiring collects much personal data (ID cards, household registration, CVs…). Under personal data protection law, businesses must:

collect only data necessary for hiring;
obtain candidates' consent for collection and storage;
keep candidate dossiers confidential, not sharing with third parties without consent;
delete/destroy unsuccessful candidates' dossiers after a reasonable retention period (unless the candidate agrees to retention for other positions).

Step 4 — Interview: ask right, don't ask wrong

Questions to avoid in interviews:

pregnancy plans, marital status, plans to have children (discrimination against female workers);
political or religious views, private life irrelevant to the job;
detailed medical history (except statutory health checks for special positions).

Interview panels should be trained on "forbidden questions" — a manager's innocent question can become discrimination evidence in a later dispute.

Step 5 — Hiring decision and eligibility checks

Before issuing the offer, verify:

the candidate meets the working age; special conditions for juvenile or foreign workers;
foreigners: a work permit or permit exemption — no lawful labor contract can be signed with a foreigner not yet eligible to work in Vietnam;
statutory health checks (if the position requires);
reasonable verification of degrees and experience.

Work-permit sequence for foreign employees (current framework)

For foreign employees, the work permit must exist before the employee starts working — no "start first, apply later." The current framework is Decree 219/2025/ND-CP (effective 07/8/2025; under Article 35, the foreign-labor provisions of Decree 152/2020/ND-CP — as amended by Decree 70/2023/ND-CP — expired), with procedures detailed in Decision 346/QD-BNV dated 24/3/2026 of the Ministry of Home Affairs:

Submit the work-permit application — the report explaining the need to employ foreign labor is now integrated into the dossier (Form No. 03), no longer a separate step. The dossier must be filed within 60 days but no later than 10 days before the foreign employee's intended start date, online via the National Public Service Portal or at the local Public Administration Service Center. Authority: the provincial People's Committee (Clause 1, Article 4, Decree 219/2025/ND-CP); processing time: 10 working days from receipt of a complete dossier (Clause 3, Article 22);
Sign the labor contract only after the permit is issued, then complete residence procedures (temporary residence card/work visa).

For work-permit-exempt cases (Article 154 of the Labor Code 2019; Article 7 of Decree 219/2025/ND-CP): depending on the case, the employer must obtain a confirmation of exemption or simply notify the competent authority at least 03 working days before the employee's intended start date (Clause 4, Article 9, Decree 219/2025/ND-CP) — "exempt" does not mean "do nothing." Breach of the notification duty is penalized under Article 13 of Decree 283/2026/ND-CP (effective 10/9/2026).

Common mistake: signing the labor contract and letting the foreigner start while the permit is "being processed" — both the company and the employee face administrative penalties, and the employee may be deported.

Step 6 — The offer letter

An offer letter states the basics: position, salary, start date, workplace, and the offer's validity period.

Legal effect of an offer letter: an accepted offer letter may be treated as contract formation in principle — if the business unilaterally withdraws the offer without good reason, the candidate may complain. Therefore:

state the offer's expiry date; silence past the deadline kills the offer;
state conditions precedent (e.g. passing the health check, obtaining a work permit);
ensure the offer matches the labor contract to be signed — don't promise in the offer what the contract lacks.

Step 7 — Probation: agree clearly

The Labor Code 2019 on probation:

only one probation for one job;
maximum probation length depends on the job's nature (jobs requiring higher qualifications allow longer probation, with caps);
probation salary is agreed but not lower than 85% of the job's salary;
at probation's end: if requirements are met, continue performing the signed labor contract (if a contract with a probation clause was signed) or conclude one.

Common trap: "probation" with no signed agreement at all — when disputes over probation pay or work accidents during probation arise, the business has no basis to defend itself. A probation agreement may sit inside the labor contract or in a separate document, but it must be in writing.

Step 8 — Conclude the labor contract

After (or alongside) probation, conclude the labor contract. Contract types under the Labor Code 2019: definite-term and indefinite-term contracts.

Mandatory contract contents include: parties' information; job and workplace; contract term; salary, payment form and pay periods; grade/step promotion regime; working and rest hours; labor protection equipment; social, health and unemployment insurance; training.

Note: since the Labor Code 2019, seasonal contracts have been abolished — the type no longer exists. Businesses may not "invent" off-law contract types to dodge obligations.

Step 9 — Distinguish labor contracts from service/collaborator contracts

Many businesses sign "collaborator" or "service" contracts with people working regularly, paid monthly, under management — then assume it's not employment. The Labor Code 2019 provides: content determines nature, not the label. If a contract shows paid work, wages, and one party's management, administration and supervision — it is a labor contract whatever it is called.

Consequence of "disguise": once recharacterized as employment, the business must retroactively pay social, health and unemployment insurance and bear all employee entitlements.

Step 10 — Complete post-hiring procedures and keep records

declare labor, register social, health and unemployment insurance for the employee;
build a complete personnel file: labor contract, probation agreement, hiring decision;
hand over the internal labor regulations and collective labor agreement (if any);
for foreigners: complete the work permit and temporary residence card.

Keeping recruitment records: what and how long

Recruitment files serve both internal management and evidence in labor inspections or disputes:

Keep: JD, job posting, hired candidate's dossier, interview notes, accepted offer letter, probation agreement/labor contract, health certificate, work permit copy (if any);
Unsuccessful candidates' dossiers: keep only with the candidate's consent (for future rounds or a talent pool); otherwise delete per personal-data policies — holding others' data without purpose is a compliance risk;
Retention: ex-employees' labor files should be kept at least until related complaint/dispute limitation periods expire (ask counsel about the specific periods). Documents on social insurance and withheld personal income tax follow statutory accounting/tax retention periods.

FAQ

Q: Is an offer letter legally binding?

A: It can be. An accepted offer letter may be treated as contract formation in principle; a business unilaterally withdrawing an offer without good reason may face complaints. In a Vietnam recruitment checklist offer letter, state the validity period and conditions precedent in the offer.

Q: How long is probation, and what is probation pay?

A: Only one probation per job; maximum length depends on the job's nature under the Labor Code 2019. Probation salary is agreed but not lower than 85% of the job's salary.

Q: Can I sign "collaborator" contracts to dodge social insurance?

A: No. The Labor Code 2019 determines employment from actual content (paid work, wages, management and supervision) regardless of the contract's label. Once recharacterized, the business must retroactively pay social, health and unemployment insurance.

Q: What should I note when hiring foreigners?

A: Check work-permit or permit-exemption eligibility under Decree 219/2025/ND-CP (effective 07/8/2025) before issuing the offer; ensure lawful residence procedures. No lawful labor contract can be concluded with a foreigner not yet eligible to work in Vietnam.

Q: A candidate accepted the offer letter but ghosted on the start date — what can the company do?

A: In practice, forcing them to show up is nearly impossible. An accepted offer letter may ground a claim for actual damages (e.g., re-recruitment costs), but proving damages and pursuing the case usually costs more than it recovers. Better prevention: stay in touch during the waiting period, keep a backup candidate, and don't freeze all hiring the moment someone accepts.

Q: Is social insurance payable during probation?

A: Under current rules, employees under labor contracts of at least one month are subject to compulsory social insurance. Where probation is embedded in a labor contract of one month or more, the company must contribute for the probation period too. For standalone probation agreements, practice varies — check the rules in force at the time or consult counsel/the social insurance authority when unsure.

When to work with a lawyer

When building a standard Vietnam recruitment checklist offer letter for an FDI enterprise; when drafting offer letter, probation agreement and labor contract templates; or when discrimination disputes in hiring have arisen. FLAT Law Firm advises businesses on labor law — hotline 0988424851.

References

Labor Code 2019 (No. 45/2019/QH14), effective 01/1/2021.
Decree 145/2020/ND-CP dated 14/12/2020 detailing the Labor Code, effective 01/2/2021.
Decree 219/2025/ND-CP dated 07/8/2025 on foreign employees working in Vietnam, effective 07/8/2025 (under Article 35, the foreign-labor provisions of Decree 152/2020/ND-CP — as amended by Decree 70/2023/ND-CP — expired).
Decision 346/QD-BNV dated 24/3/2026 of the Ministry of Home Affairs announcing administrative procedures on foreign employees working in Vietnam.
Decree 283/2026/ND-CP on administrative penalties (work-permit part), effective 10/9/2026.
Cross-checked at the time of writing (29/9/2026).

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