What Are Your Rights and Obligations During the Probationary Period in Vietnam?
Foreign teachers and education professionals working in Vietnam are protected by Labor Code No. 45/2019/QH14, which sets clear, enforceable rules on probation duration, minimum salary, and termination rights. Under this framework, your employer can require a maximum probation of 60 days for positions requiring a college degree or higher — the category covering most foreign teachers. Your salary during this period must be at least 85% of the agreed wage, and either party may end the arrangement at any time without prior notice or compensation. Foreign nationals must also hold a valid work permit before signing any contract, including a probationary one.
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What Is a Probationary Period Under Vietnamese Law?
A probationary period is a legally regulated trial phase at the start of employment, allowing both employer and employee to assess suitability before committing to a full labor contract. Under Labor Code 2019, employers and employees may agree on probation terms in one of two ways: either as a clause embedded within the official labor contract, or as a separate standalone probationary contract.
The distinction matters significantly for foreign workers because the two forms carry different obligations regarding social insurance and other statutory contributions.
Employers are prohibited from imposing a probation period on employees entering contracts shorter than one month.
How Long Can the Probationary Period Last in Vietnam?
The maximum probation period for most foreign teachers is 60 days, as positions requiring a college degree or higher fall under this cap under Article 25 of Labor Code 2019. The full framework by job level is:
| Job Category | Maximum Duration |
|---|---|
| Enterprise managers (per Enterprise Law) | 180 days |
| Roles requiring college degree or higher | 60 days |
| Intermediate/vocational qualifications, clerical staff | 30 days |
| Other unskilled jobs | 6 working days |
Only one probationary period is permitted per job position. This applies even if the employee leaves and returns to the same role. An employer cannot require a second probation for the same position under any circumstances.
What Salary Are You Entitled to During the Probationary Period?
Your probationary salary must be at least 85% of the agreed official wage for the position. This floor applies regardless of whether probation is conducted under a standalone probationary contract or included within a labor contract.
Additionally, the probationary salary cannot fall below the applicable regional minimum wage set by the government for the location where you work. These two floors operate simultaneously — whichever is higher applies.
Some employers structure tiered pay arrangements: a lower probationary rate, a 100% official rate upon passing, and a higher performance rate for exceptional results. This is legally permissible as long as the 85% threshold is met at the probationary stage.
For foreign teachers in Vietnam, building a clear understanding of your salary structure from the outset matters both during probation and in final negotiations. You can explore how foreign teachers negotiate salary in Vietnam successfully for practical guidance.
What Are the Rights of Foreign Workers During the Probationary Period?
Foreign workers during probation hold the same core labor rights as Vietnamese employees. These include:
- Right to receive at least 85% of the agreed wage, paid on the employer’s standard payroll schedule
- Right to a safe and lawful working environment, including required protective equipment and non-discrimination
- Right to terminate the arrangement at any time without prior notice and without compensation, if the role does not suit you
- Right to receive formal notification of probation results from the employer at the end of the trial period
If the employer does not notify you of the outcome and you continue working after the probation period ends, the law treats your employment as a successfully established formal labor contract — automatically and by operation of law.
During probation, either party — employer or employee — may end the arrangement at any time, without providing advance notice and without any severance obligation. This applies regardless of how short or long into the probation the termination occurs.
What Social Insurance and Tax Obligations Apply During Probation?
The answer depends on which contract form your probation uses.
Separate probationary contract: If your employer has signed a standalone probationary contract with you, the Labor Code does not require either party to contribute to compulsory social insurance, health insurance, or unemployment insurance during this phase. Contributions begin from the date the official labor contract is signed.
Probation clause within a labor contract: If probation terms are embedded within an official labor contract from the start, social insurance obligations apply throughout the entire employment period, including the probationary phase.
For foreign workers specifically, compulsory social insurance under Decree 143/2018/NĐ-CP applies when two conditions are met: you hold a valid work permit, practice certificate, or practice license, and you are working under a labor contract of at least 12 months. Total contribution rates are 8% from the employee and 17.5% from the employer, calculated on the monthly salary.
Personal income tax (PIT) applies from the first day of employment, including during probation. If you have not yet registered a tax code or declared dependents, your employer withholds PIT at a flat rate of 10% on each salary payment. Once you become a tax resident — meaning you reside in Vietnam for 183 days or more in a calendar year — you are taxed under the progressive rate schedule instead. If your annual income during the tax year falls below the taxable threshold, you may apply for a refund during annual PIT finalization.
What Work Permit and Residency Requirements Apply to Foreign Workers During Probation?
A valid work permit must be secured before signing any employment contract — including a probationary contract. The employer applies on your behalf; foreign workers cannot self-apply. This sequence is fixed under Vietnamese law: work permit first, contract second.
Since August 7, 2025, Decree 219/2025/NĐ-CP governs work permit issuance. Key provisions under the current framework:
| Requirement | Details |
|---|---|
| Who applies | Employer applies on behalf of the foreign worker |
| Maximum validity | Up to 2 years |
| Expert qualification | Bachelor’s degree + 2 years of relevant experience (reduced from 3 years); priority sectors require only 1 year |
| Technical worker | 2 years of experience + 1 year vocational training; or 3 years of experience (reduced from 5) without training |
| Job advertising | At least 5 days on any public platform before application |
| Processing | Combined online procedure through provincial authorities |
Upon receiving your work permit, your employer can sponsor your LD2 visa for entry or conversion to a work visa. A Temporary Residence Card (TRC), valid for up to 2 years, can then be applied for — replacing the need for repeated visa renewals during your employment.
Understanding your healthcare options during probation and beyond is equally important. A comprehensive overview of health insurance in Vietnam for foreigners can help you navigate your coverage options while your employment status is being formalized.
What Happens When the Probationary Period Ends?
At the conclusion of the probation period, the employer is legally required to notify you of the result. Two outcomes are possible:
If probation is successful:
- Where probation was agreed within the labor contract: the employer continues performing that contract
- Where a separate probationary contract was used: the employer must sign a formal labor contract with you
If the employer takes no action and you continue working beyond the probation end date, Vietnamese law automatically deems a valid labor contract to have been formed, with the terms corresponding to the position you were hired for.
If probation is unsuccessful: the probationary contract or the labor contract is terminated. No severance or compensation is owed.
The probationary period you complete counts toward your working time for the purposes of calculating annual leave entitlements and severance allowance, provided you pass and proceed to an official labor contract.
What Penalties Do Employers Face for Violating Probation Regulations?
Violations of probation rules are subject to administrative fines under Decree 12/2022/NĐ-CP. All fines listed below apply to individuals; organizations are fined at double these amounts.
| Violation | Fine (Individual) |
|---|---|
| Requiring probation for contracts under 1 month | VND 500,000 – 1,000,000 |
| Failing to notify employee of probation result | VND 500,000 – 1,000,000 |
| Requiring more than one probation for the same position | VND 2,000,000 – 5,000,000 |
| Exceeding the legally permitted probation duration | VND 2,000,000 – 5,000,000 |
| Paying probationary salary below 85% of the agreed wage | VND 2,000,000 – 5,000,000 |
| Failing to sign official labor contract after successful probation | VND 2,000,000 – 5,000,000 |
| Failing to pay wages during probation (1–10 employees) | VND 5,000,000 – 10,000,000 |
In addition to monetary penalties, employers may be ordered to: pay back the full wage difference owed to the employee, or formally enter into a labor contract with the employee who successfully completed probation.
What Obligations Must Foreign Employees Comply with During Probation?
As a foreign national working in Vietnam during probation, you are subject to the following obligations:
Before starting work:
- Ensure your employer has obtained a valid work permit on your behalf before any contract is signed
- Ensure your entry visa or residency status is appropriate for employment purposes
- Provide accurate and complete documentation for the work permit application, including educational credentials, professional experience records, and a health certificate
During probation:
- Comply with the employer’s internal workplace regulations
- Meet the performance standards agreed in the probationary contract or labor contract clause
- Declare your tax code and personal income details to enable correct PIT withholding
- Notify your employer if you intend to terminate the arrangement
Regarding residency:
- Your TRC application depends on a valid work permit; any expiry or revocation of the work permit directly affects your residency status
- If your probation ends in termination and your employment ceases, inform your employer promptly and confirm the status of your work permit and TRC, as these are tied to your employment relationship
Frequently Asked Questions About The Probationary Period in Vietnam
Can my employer require a probation period longer than 60 days for a teaching position?
No. Positions requiring a college degree or higher — the category covering the majority of foreign teaching roles in Vietnam — are capped at a maximum of 60 days. Requiring a longer probation period is a violation of Labor Code 2019 and is subject to administrative fines.
Can I be placed on probation twice for the same teaching position?
No. Vietnamese law strictly prohibits multiple probation periods for the same job. This applies even if you leave the employer and return to the same position later. Only one probation is permitted per job position.
What if my employer pays me less than 85% of the agreed salary during probation?
This is a direct violation of Labor Code 2019. Your employer is subject to a fine and can be compelled by enforcement authorities to pay back the full salary difference owed to you. Keep records of your agreed salary and all payment receipts.
Do I need a work permit before signing a probationary contract?
Yes. Vietnamese law requires the work permit to be secured before any employment contract — including a probationary one — is signed. Your employer is responsible for obtaining the permit on your behalf. Starting work without a valid work permit exposes both you and your employer to serious legal penalties.
Does my probationary period count toward annual leave and severance if I pass?
Yes. Under the Labor Code and confirmed by legal practice, the probationary period is counted as part of your working time for calculating both annual leave entitlements and severance allowance, provided you complete probation successfully and proceed to an official labor contract.
What happens if my employer says nothing when my probation period ends?
If you continue working after the probation period ends and your employer has given no formal notification, Vietnamese law automatically treats a valid labor contract as having been formed. The terms default to the position you were employed in. This protects you from being left in a legal grey zone.
Explore More on Employment Rights in Vietnam
Understanding your full rights during probation is only the beginning. For a broader view of how Vietnamese labor law protects foreign education professionals — from contract terms to termination rights — explore the complete Employment Rights & Contracts resource library on VietnamTeachingJobs.com.
