Probation Contracts in Viet Nam

May 26, 2019 | Q&A

Dear DB Legal - Law firm in Da Nang. We are a FDI company in Viet Nam and we would like to hire some Vietnamese employees. However, before signing the official labor contract, we would like to sign the probation contract. Can we do it? Please kindly advise. Thanks.

Thank you for interesting our services.

According the Labor Code of Viet Nam, the employer and employee can sign the probation contract before signing the labor contract.

The probation contract is different with the labor contract and must be content the information as following:

a/ Name and address of the employer or the lawful representative of the employer;

b/ Full name, date of birth, gender, residence address, identity card number or other lawful documents of the employee;

c/ Job and workplace;

d/ Term of the labor contract;

g/ Working time, rest time;

h/ Labor protection equipment for the employee;

Probation period

a) It does not exceed 60 days for posts which require professional and technical qualification of collegial or higher level.

b) It does not exceed 30 days for posts which require professional and technical qualifications of intermediate vocational level, professional secondary level, or for technical workers and skilled employees.

c) It does not exceed 6 working days for other types of jobs.

Wage during the probation period: The wage for an employee during the probation period must be agreed upon by the two parties but must be at least equal to 85% of the wage for the job.


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