Finding skilled and qualified employees in Vietnam requires effective recruitment strategies, thorough interviews, and background checks. However, even a structured hiring plan doesn’t guarantee that shortlisted job candidates will best match the roles and requirements of the company. While employers wish to find local top talent, employees must take steps to ensure their career goals and values align with the corporate culture. 

This is where the probation period comes in. The probation period in Vietnam allows employers and employees to evaluate the employment arrangement. Probation helps both parties determine whether they wish to commit to a legally binding employment contract. 

This guide uncovers what a probation period in Vietnam entails, its legal requirements, and how it can benefit employers and employees in establishing a successful employment relationship. 

Definition of a Probation Period in Vietnam

In Vietnam, the probation period is the time an employer takes to assess an employee’s suitability for the job role. It is considered an employment trial in which the employer can observe the new hire’s application of skills and whether they are qualified for the position. In addition to assessing an individual’s abilities, the employer will look at their alignment with company values and effectiveness at working in teams. 

Employees have the opportunity to practice their skills in the actual workplace and can determine whether they can manage the assigned tasks. During probation, new employees will be introduced to their colleagues and must utilize their experience to achieve company goals. 

When an employer and employee agree to a probation period, it will start on the first day of work. If the employer is happy with the new hire’s performance, they can end the probation and confirm the employee’s contract. In certain circumstances, probation periods in Vietnam can be extended, but not beyond the legal limit. Employers who are dissatisfied with an employee’s performance can terminate the probation without issuing a formal notice, unless otherwise stated in the employment contract. 

The probation period can support growth and long-term employment relationships when hiring employees in Vietnam. 

Lengths of Probationary Periods in Vietnam

The probation period in Vietnam is not a statutory requirement, but most employers incorporate it to find the best possible fit for an employee before signing a full employment contract. The length of probation depends on the type of job. 

The duration of the probation period is agreed upon by the employer and employee, but cannot exceed the limitations for each type of job, following Vietnam’s Labor Code. 

Permanent or Indefinite Contracts

The maximum probation period for permanent or indefinite contracts in Vietnam depends on the nature of the job.

Full-time managerial or senior-level positions receive probation of 180 days. Jobs involving technical and higher-level qualifications receive 60-day probation periods. Intermediate jobs are entitled to a 30-day probation, and general positions are limited to a 6-day assessment. 

Fixed-term or Definite Contracts

The length of probation for fixed-term contracts depends on the complexity of the job and the qualifications needed to carry out the job duties. Employees in administrative roles receive 30 days of probation, and those involving technical qualifications must be given a 60-day probation. 

Vietnamese employees receive benefits; however, they are limited to the perks agreed upon in the employment contract. All probationary employees have the right to a minimum wage and be registered for social security. Furthermore, probationary employees in Vietnam must receive annual leave and sick leave without discrimination. Employees accrue their annual leave from their first day of employment. 

Legal Considerations of Probation Periods in Vietnam

Probation periods are not a legal requirement in Vietnam; however, they are considered best practice for both local and foreign employers. 

The duration of the probation period depends on the type of employment. Employers must be aware that probationary employees are only paid 85% of the salary agreed upon in the employment contract. Once the probation expires, the employer must inform the employee of their results. 

Vietnamese employers must protect their employees’ rights, whether they are on probation or not. The length of probation must be stipulated in the employment contract.      

Most employers in Vietnam incorporate probation periods because they allow them to carefully examine a new hire’s abilities before entering into a permanent contract. This process is more cost-effective than hiring a new worker on a full-time contract and then having to terminate the employment arrangement due to poor performance. 

Pay and Working Conditions

Vietnam’s minimum wage is regionally based, ranging from VND 3,450,000 to VND 4,960,000. Employees on probation are only paid 85% of their full-time salaries. The working hours are eight hours per day or up to 48 hours per week. Employees who work beyond the standard 48-hour weekly requirement must be paid overtime at a rate of 150% their regular salary. Higher overtime rates are paid on weekends and public holidays, and extra working hours are capped at 40 hours per month. 

Owing to the updated 2025 labor regulations in Vietnam, probationary employees are entitled to social insurance, provided they are in a legal employment arrangement. The employer is responsible for providing healthy and safe working conditions for employees on probation. Lastly, new workers must be given the tools, through formal training, to execute their new job duties. 

Termination and Notice

While written notice is the standard practice when ending an employment contract, Vietnamese employees on probation are not entitled to notice periods or compensation. Employees also have the right to terminate the probation period without justification or issuing prior notice to the employer. 

Whether the probation period is included in the general contract or a separate probationary agreement, neither party has to issue notice when terminating the probation period.

Vacation / Holidays

Full-time employees receive 12 days of yearly leave. Employees who have continuously worked for the same employer for five years receive an extra day off. Public holidays do not form part of annual leave calculations. 

Benefits of Probation Periods in Vietnam

When hiring employees in Vietnam, you may struggle to connect with highly skilled candidates who align with your company culture. To improve the chances of finding the most qualified workers, discover the many benefits of introducing a probation period: 

  • For Employees

Employees can display their skills and experience in the work setting, proving they are the right candidate for the job.

Vietnamese probationary employees receive annual leave, sick leave, and social insurance that are accrued from day one.

Employees can avoid challenging legal processes by ending the probation period without issuing notice.

  • For Employers

Employers in Vietnam can end the probation period before it expires without issuing prior notice or compensating employees.

Before offering a full-time or permanent employment contract, an employer can carefully evaluate an employee’s performance.

An employer can determine whether the employee’s skills and values align with the job requirements.

Employers can save on the costs of turnover by identifying problems during the probation period.