The short answer: Vietnamese probation is short, capped, and one-shot. Labor Code 45/2019/QH14 sets maximum probation periods — 180 days for enterprise managers, 60 days for jobs requiring college-level qualifications or above, 30 days for intermediate-level jobs, 6 working days for other work — allows only one probation per job, and requires probation pay of at least 85% of the job’s salary (Articles 25–27). When probation ends, the employer must either sign the labor contract or end the relationship properly — silence is not an option.
Maximum durations: the four tiers
Article 25 fixes the ceiling, not a default: no more than 180 days for managerial positions as defined by the Law on Enterprises; 60 days for positions requiring professional or technical qualifications at college level or above; 30 days for positions requiring intermediate-level qualifications, technical workers or professional staff; and 6 working days for other jobs. Two hard rules surround the tiers: only one probation period is allowed for one job, and the probation content must be written into the labor contract or a separate probation contract stating the probation period and the rights and obligations of each party. A ‘second probation’ for the same job is void.
Pay and the right to walk away
Article 26 sets the floor: probation salary must be at least 85% of the salary for the job. During probation, Article 27 gives both sides a clean exit — either party may cancel the probation agreement or the labor contract without prior notice and without compensation if the work does not meet the agreed requirements. For employers this is the main value of a well-run probation: a documented, criteria-based assessment made before the deadline, not a surprise dismissal after it.
When probation ends: sign or close out
Article 27.1 governs the ending: if the probation is satisfactory, the employer continues to perform the labor contract already signed, or signs a new labor contract where only a probation contract was signed. If unsatisfactory, the relationship ends. The compliance trap is inertia — letting the employee keep working past the probation end date without a signed labor contract. At that point the relationship is no longer ‘probation’ in any legal sense, and a later termination is judged under the full dismissal rules. Diarize the end date and prepare the decision a week early.
Probation for foreign employees
The same Articles 25–27 apply to foreign employees, but the paperwork interacts with work-permit timelines: probation terms should be consistent with the work permit’s job title and duration, and the employer should confirm that social insurance and personal income tax treatment during probation match the actual arrangement (probation-only contracts vs. labor contracts with a probation clause are treated differently). Keep the probation assessment criteria job-related and documented — nationality-neutral on paper and in practice.
Checklist
- Apply the correct Article 25 tier; never repeat probation for the same job.
- Put probation terms in writing: duration, criteria, and each party’s rights and obligations.
- Pay at least 85% of the job salary during probation (Article 26).
- Assess against written criteria before the deadline; decide to sign or end on time.
- Never let work continue past the probation end date without a signed labor contract.
Frequently asked questions
Can we extend probation if we are unsure?
No. The Article 25 periods are maximums and only one probation per job is allowed. Extend informally and the relationship is judged as employment, not probation.
Is 85% of salary a minimum or a recommendation?
A legal minimum under Article 26. Paying less is a straightforward violation, easy for inspectors to find.
Can the employee quit during probation without notice?
Yes. Article 27 lets either party cancel during probation without prior notice and without compensation.
What if probation ends on a weekend and we sign on Monday?
Prepare the decision before the end date. A gap where the employee works without a contract creates legal exposure — do not let the deadline pass in silence.
Does probation apply to part-time or seasonal workers?
The same rules apply, with the 6-working-day tier covering most short-term jobs. One probation per job still applies.
Hiring at scale? FLAT Law Firm drafts probation-compliant contracts and assessment procedures — so the end of probation is a decision, not a dispute.
This article has been quality-reviewed by the FLAW AI Legal Council