How Do You Review a Teaching Contract in Vietnam? A Complete Checklist

Reviewing a teaching contract in Vietnam means verifying seven legally mandated elements under Article 21 of the Labor Code 2019 (Law No. 45/2019/QH14), with particular scrutiny on work permit sponsorship, salary structure, and termination clauses — the three areas where foreign teachers most commonly encounter contractual disputes. A contract that omits any mandatory element is unenforceable under Vietnamese law regardless of what both parties have verbally agreed.

Vietnam’s Labor Code 2019, enforced by the Ministry of Labor, Invalids and Social Affairs (MoLISA), applies equally to foreign and Vietnamese employees. The most significant regulatory update for foreign teachers in 2025–2026 is Decree 219/2025/ND-CP, effective August 7, 2025, which revised work permit procedures and directly affects how employment contracts for foreign teachers must be structured. Understanding which clauses protect your legal right to work — and which omissions signal serious risk — is the foundation before signing anything.

What Legally Required Contents Must a Teaching Contract in Vietnam Include?

A legally valid teaching contract in Vietnam must contain eight mandatory items as specified under Article 21, Clause 1 of the Labor Code 2019 and Article 3 of Circular 10/2020/TT-BLDTBXH. Any contract missing these elements is legally deficient even if signed by both parties.

These mandatory contents are not optional provisions — their absence gives either party grounds to contest the contract’s validity before Vietnamese labor courts or arbitration bodies.

Contract Element	What to Verify
Employer name, address, and signatory details	Must match the school’s business registration
Employee full name, date of birth, ID/passport number	Must match your passport exactly
Job description and work location	Specific role, address, and scope of duties
Contract duration and start/end dates	Clearly stated term or “indefinite” designation
Salary, payment method, and schedule	Gross or net amount, currency, and payment date
Working hours, rest breaks, and leave entitlements	Daily hours, weekly schedule, annual leave days
Occupational health and safety conditions	Workplace safety provisions
Social insurance, health insurance, and unemployment insurance	Enrollment obligations as required by law

The contract must be signed in writing, with each party retaining one original copy as required by Article 13 of the Labor Code 2019. Electronic contracts in data message form carry equal legal validity under Article 14, provided the content remains unchanged after execution.

For foreign teachers who do not read Vietnamese, insist on a bilingual English-Vietnamese contract before signing. There is no legal requirement for contracts to be in Vietnamese exclusively when both parties agree to English as the working language. Where discrepancies exist between language versions, negotiate in advance which version governs disputes — and confirm this in a written clause.

Does Your Contract Confirm the Employer’s Work Permit Obligations?

The contract must explicitly confirm that the employer is responsible for initiating and funding the work permit process before you begin any work, with an application submitted between 60 and 10 days before your intended start date as required under Decree 219/2025/ND-CP.

Under Decree 219/2025/ND-CP, employers who allow foreign teachers to work before a valid work permit has been issued are in direct breach of Vietnamese law. Working without a permit exposes teachers to fines of VND 15–25 million and employers to fines of VND 30–75 million per illegal worker, with potential deportation for the foreign employee.

Key work permit clauses to verify before signing:

• The employer explicitly agrees to prepare, submit, and fund the work permit application, Temporary Residence Card (TRC), and any visa extensions
• The contract start date aligns with the work permit application timeline — teachers legally cannot begin work until the permit is issued
• The contract duration does not exceed the work permit validity period, which is a maximum of 24 months under Decree 219/2025/ND-CP, renewable once for an additional 2 years
• Any costs related to document legalization, translation, health checks, and government processing fees are clearly allocated between employer and employee in writing
• The contract specifies what happens to work permit sponsorship if the employer closes, restructures, or transfers ownership

One critical legal point from Article 156 of the Labor Code 2019: your work permit is employer-specific and non-transferable. If you change employers, the previous work permit automatically expires and a new full application must be submitted. A well-structured contract will acknowledge this by clarifying that permit sponsorship is contingent on continued employment with the same entity named on the permit.

For a comprehensive breakdown of how the Labor Code governs your employment status and rights as a foreign teacher, see Vietnam Labor Code for Foreign Teachers: Essential Guide 2026.

What Should the Salary and Payment Clause Specify?

The salary clause must state whether the figure is gross (pre-tax) or net (after-tax), the payment currency, the exact payment date, and the payment method — each of these carries direct legal and financial implications that are not interchangeable.

Under Article 94 of the Labor Code 2019, salaries must be paid in full and on time according to the agreed schedule. Failure to pay on the contracted date gives employees the legal right to resign without serving the standard notice period, under Article 37, Clause 1(c) of the same code.

Core salary clause checkpoints to verify:

• Gross vs. net salary declaration. Vietnam’s personal income tax applies to all income earned in Vietnam. Tax residents — defined as those present in Vietnam for 183 or more days in a tax year — are taxed at progressive rates up to 35% on worldwide income. Non-residents pay a flat rate of 20% on Vietnam-source income only. A contract stating a “net” salary may obscure what the employer actually contributes versus what is deducted from your take-home pay.
• Social insurance enrollment. Contracts lasting one month or more trigger mandatory social insurance enrollment under Vietnamese law. For foreign employees, current contribution rates are 9.5% from the employee and 20.5% from the employer, calculated against the monthly contract salary. Confirm whether the stated salary is the base used for insurance calculation, as this affects your long-term entitlements.
• Allowances and non-cash benefits. Employer-paid benefits for foreign employees — including housing allowances, school tuition for dependent children, home-leave airfares, and relocation support — may be structured as non-taxable benefit-in-kind arrangements. If your offer includes these, they must appear as distinct line items in the contract or in an attached annex under Article 22 of the Labor Code 2019, not as verbal commitments.
• Payment method and currency. Employers may pay foreign employees in any mutually agreed tradable foreign currency, or in Vietnamese Dong. Salary must be accompanied by a payslip specifying gross pay, all deductions, and net pay.

How Are Teaching Hours and Office Hours Defined in the Contract?

The contract must clearly distinguish between contact teaching hours (time spent instructing students) and total contractual working hours (which include lesson preparation, meetings, and administrative duties), as these two categories are frequently conflated in poorly drafted contracts to the teacher’s disadvantage.

Under Article 105 of the Labor Code 2019, standard working time is 8 hours per day and 48 hours per week. Hours beyond this threshold trigger overtime obligations: under Article 98 of the Labor Code 2019, the minimum overtime rate is 150% of the regular hourly wage on standard working days, 200% for work performed on weekly rest days, and 300% for work on public holidays and paid leave days. Teachers working unpaid overtime due to a vague contract definition of “working hours” are experiencing a legally challengeable situation.

Verify the following in the working hours clause:

• The exact number of contact teaching hours per week, stated as a specific figure rather than a broad descriptor like “full-time”
• Whether weekend or evening classes are included in the standard schedule or constitute overtime requiring additional compensation
• How lesson preparation time, staff meetings, and parent consultations are classified — and whether they are compensated separately or considered included in the contracted hours
• Clear definition of which public holidays apply. Article 112 of the Labor Code 2019 provides employees with 11 paid public holidays per year, covering New Year’s Day, Lunar New Year (5 days), Hung Kings’ Commemoration Day, Reunification Day, International Labor Day, and National Day (2 days)

A contract that states only “full-time teaching position” without specifying hours creates no enforceable limit on what you can be assigned and no legal basis for claiming overtime.

What Are the Standard Probation Terms for Foreign Teachers?

The probation period for a teaching position — classified at college-level professional qualification — must not exceed 60 days under Article 25, Clause 2 of the Labor Code 2019. The probationary salary must be at least 85% of the confirmed full salary for the same role, as mandated by Article 26.

These are statutory minimums that cannot be reduced by contract. An employer cannot extend the probation period beyond the legal maximum or reduce probationary pay below 85% of the role’s standard salary, regardless of what a contract states.

Key probation clauses to verify:

• Duration does not exceed 60 days for professional and expert-level roles, the classification that applies to foreign teaching positions
• Probation salary is expressed as a specific figure equal to at least 85% of the confirmed post-probation salary for the same position
• The contract specifies clear, measurable evaluation criteria for successfully completing probation
• During probation, either party may terminate without advance notice and without compensation under Article 27, Clause 2 of the Labor Code 2019 — this right must be bilateral, not structured to favour the employer alone
• Probation applies only to contracts of one month or longer; contracts under one month cannot include a probationary period under Article 24, Clause 3

Article 25 also specifies that probation can only be applied once per job position with the same employer. A school that asks a teacher to undergo a second probationary period for the same role after an initial probation has been completed is acting outside the law.

How Do Termination Clauses and Notice Periods Work for Foreign Teachers?

For a fixed-term contract of 12 to 36 months — the most common contract type for foreign teachers in Vietnam — the minimum resignation notice period is 30 days under Article 35(b) of the Labor Code 2019. For indefinite-term contracts, this notice extends to 45 days under Article 35(a).

These are statutory minimums that apply regardless of what a contract states. However, contracts may legitimately impose financial obligations for early termination — such as repayment of documented work permit costs or training expenses — provided these obligations are proportionate, clearly quantified, and agreed in writing before the contract is signed.

Termination clause checkpoints:

Employer-initiated termination protections. Under Articles 36 and 45 of the Labor Code 2019, employers must provide written notice of contract termination except in specific disciplinary circumstances. For a fixed-term contract, an employer cannot unilaterally terminate the contract without one of the lawful grounds listed in Article 36, such as documented failure to perform contractual duties, business restructuring, or extended unauthorised absence. A school deciding it “no longer needs the position” during a live fixed-term contract is not a valid ground for unilateral termination.

Severance entitlement. Teachers who have worked continuously for 12 months or more are entitled to a severance allowance equal to half a month’s salary per year of service, calculated from the average salary of the preceding six months, under Article 46 of the Labor Code 2019.

Work permit expiry as automatic termination. Under Article 34, Clause 12 of the Labor Code 2019, expiry of your work permit automatically terminates your employment contract by operation of law — no notice required from either party. The contract should clearly state which party bears responsibility for renewal timelines, and that the renewal process begins well before expiry.

For a detailed comparison of how contract type affects these termination protections, see Fixed-Term vs Indefinite Contracts: Which is Better For Teachers in Vietnam.

What Are the Contract Red Flags Foreign Teachers in Vietnam Should Never Ignore?

The most serious red flags in a Vietnam teaching contract are clauses that contradict the Labor Code 2019 or Decree 219/2025/ND-CP, commitments that exist only verbally, and any expectation that you begin work before your work permit has been formally issued.

Work permit red flags. Any employer who asks you to work on a tourist visa while a work permit “is being processed” is asking you to work illegally. Fines for the teacher are VND 15–25 million and deportation is a documented enforcement outcome under Decree 219/2025/ND-CP. The application must be filed between 60 and 10 days before your start date — if an employer cannot demonstrate this timeline is being followed before you sign, that is a material risk indicator.

Language and bilingual contract red flags. If you receive a Vietnamese-only contract with only a verbal English summary, insist on a bilingual version before signing. If no governing-language clause specifies which version controls in a dispute, Vietnamese courts will default to the Vietnamese-language version. This is not theoretical — it has direct bearing on how termination clauses and salary definitions are interpreted.

Vague job description red flags. A contract that defines your role only as “English teacher” without specifying student age groups, class sizes, or academic programmes creates no limit on what you can be assigned. Additional unpaid duties — curriculum development, marketing, event attendance — become very difficult to contest without a detailed, written job description attached to or included in the contract.

Incomplete insurance clause red flags. A contract that does not explicitly confirm social insurance enrollment for a qualifying contract of one month or longer suggests the employer may not be registering employees correctly with MoLISA. This directly affects your legal protections, any future severance calculation, and your right to withdraw contributions if you leave Vietnam permanently.

Early termination penalty red flags. Penalty clauses for teacher-initiated resignation are enforceable under Vietnamese law only when they reflect actual, documented costs the employer has incurred on your behalf — such as verified work permit fees, document legalization costs, or funded flight tickets. A clause claiming “three months’ salary as a penalty for resignation” that is not tied to documented costs is disproportionate and of questionable enforceability. Any penalty clause should be reviewed carefully before signing.

Frequently Asked Questions

Does a teaching contract in Vietnam have to be in English? No law requires contracts to be in English. Under the Labor Code 2019, both parties can agree on the contract language. Foreign teachers may request a bilingual Vietnamese-English contract. In any dispute before a Vietnamese labor court or arbitration body, the Vietnamese-language version will govern unless both parties have explicitly agreed to a different governing-language clause in writing.

Can a school legally ask me to start work before my work permit is ready? No. Decree 219/2025/ND-CP requires employers to complete the work permit application before the foreign employee begins work. Starting before the permit is issued is a legal violation for both teacher and employer. The application must be submitted no earlier than 60 days and no later than 10 days before the intended start date.

Is my teaching contract automatically renewed if I keep working after it expires? Under Article 20 of the Labor Code 2019, continuing to work for more than 30 days after a fixed-term contract expires without signing a new agreement automatically converts the contract to an indefinite-term arrangement. For foreign teachers, this conversion also depends on your work permit remaining valid — an expired work permit automatically terminates employment under Article 34, Clause 12, regardless of whether the contract conversion rule would otherwise apply.

Can my employer reduce my salary during probation below what the contract states? No. Article 26 of the Labor Code 2019 requires that the probationary salary be at least 85% of the confirmed full salary for the role. Any contractual clause setting probation pay below this threshold is void and unenforceable.

What happens to my contract if my employer changes the school’s ownership or business structure? Under Articles 43 and 44 of the Labor Code 2019, in cases of business merger, acquisition, or structural change, the new legal entity assumes responsibility for existing employment contracts and they continue in force. However, because work permits are employer-specific under Article 156, a change in the registered legal entity may require a new work permit application — verify this with MoLISA or the relevant provincial Department of Labor, Invalids and Social Affairs (DOLISA) before agreeing to any ownership transition.

Do I have to pay for my own work permit? This is a contractual negotiation point rather than a fixed legal requirement. The application must be submitted by the employer — not the employee — and most reputable schools and language centers cover government processing fees and document translations as standard practice. Confirm in writing exactly which costs each party bears before signing. Leaving this verbal creates disputes if the relationship ends before the permit period concludes.

Explore more on Employment Rights & Contracts for foreign teachers in Vietnam: Our full resource library on contract terms, legal rights, and employer obligations is available in the Employment Rights & Contracts category.