How does Vietnam probation work in 2026?

What probation modifies under Vietnamese law:

• No advance notice needed to end probation. Article 27 of the Labour Code 2019 allows either party to cancel the probation arrangement without giving advance notice. The cap for degree-level roles is 2 months. For enterprise executives the cap is 6 months.
• Reduced benefits may apply. Employers sometimes defer discretionary benefits such as enhanced health schemes until probation is confirmed. Statutory entitlements apply from day one regardless.
• One probation per role. An employee can only be placed on probation once for the same position. A second probation for the same role is not permitted.

What probation does not change:

• Unfair dismissal protections under Articles 38 to 41 apply from the first day of employment. There is no qualifying period.
• Discrimination protections apply from day one, regardless of probation status.
• After probation ends, employer notice for an indefinite-term contract rises to 45 days. The short trial-period window closes once the probation clause has run its course.
• Annual leave entitlement of 12 days per year accrues from the start of employment, not from the end of probation.

Probation length by role type (Vietnam statutory pattern under Article 25 of the Labour Code 2019):

The 2 months cap for professional roles is notably short by international standards. A UK or US employer used to a six-month assessment window will find that Vietnam compresses the same evaluation into two months. This makes structured feedback during probation more important, not less.

There is no pending legislative change to the Vietnam probation cap at the time of publication. The Article 25 framework has been in force since the Labour Code took effect on 1 January 2021.

What the procedural bar looks like during Vietnam probation:

1. Document the probation terms in the contract. The probation arrangement must be agreed in writing before the employee starts. Include the duration, the role, and the pass criteria. An oral probation agreement creates ambiguity.
2. Set clear pass criteria at the start. Written, role-specific criteria give the assessment a basis. They also give the employee a genuine opportunity to understand what is expected of them.
3. Hold regular feedback conversations. Even where the Labour Code permits ending probation without notice, courts and labour councils look at whether the employee had a real opportunity to perform. Keep a written record of what was discussed.
4. Give the employee a chance to respond to concerns. If performance is falling short, raise it in a meeting before cancelling the arrangement. This is not a statutory requirement during the trial period, but it strengthens the employer's position if a dispute follows.
5. Do not cancel for an unlawful reason. Ending a probation because an employee is pregnant, has reported a safety concern, or has exercised a legal right is prohibited under Articles 38 to 41 of the Labour Code 2019. These protections apply from day one.

The absence of a notice requirement during probation makes the process feel light. The legal risk comes from a different direction: a substantively unfair cancellation can be challenged even without a qualifying period. Document the assessment, not just the outcome.

1. Agree the probation terms in writing

   Set out the probation duration, role scope, and pass criteria in the employment contract before the employee starts. An oral arrangement creates ambiguity and weakens any decision made at the end of the period.

2. Set written performance criteria on day one

   Document what passing probation means for this specific role. Written criteria agreed at the outset give the assessment a clear basis and make the review fair for both sides.

3. Hold a documented mid-point review

   Schedule a written review at day 30 for professional roles on the short cap. Raise any performance concerns in writing. Do not wait until the final days of the probation window to surface issues.

4. Give the employee a genuine chance to respond

   If performance is falling short, raise concerns in a meeting before cancelling the arrangement. A record of that conversation protects the employer if the decision is later challenged.

5. Confirm the outcome in writing before expiry

   Issue a written pass confirmation or cancellation notice before the statutory cap is reached. If the period expires without action, the employment continues on indefinite terms and the full notice obligation applies from that date.

The statutory caps in Article 25 of the Labour Code 2019 are hard limits. They cannot be exceeded by agreement.

• If the contract sets a shorter period than the maximum, the parties can agree in writing to extend up to the statutory cap. The extension must be documented before the original period expires.
• Once the statutory cap is reached, there is no further extension. The employer must confirm the employment or end it before that date.
• If the probation period expires without a cancellation notice, the employee is treated as having passed and an indefinite employment relationship begins. At that point, the 45 days employer notice requirement for indefinite-term contracts applies.

How to handle a probation period that is running out before a clear view is formed:

1. Hold a review meeting at least two weeks before expiry. This gives time to document concerns and make a decision.
2. Document specific concerns in writing. Note what has and has not been demonstrated against the agreed criteria.
3. Make a clear decision before the cap is reached. A written confirmation of the outcome (pass or cancellation) protects both sides.
4. Do not let the period lapse without acting. A passive expiry is a de facto pass and activates the full indefinite-term contract.

Common mistakes in Vietnam: starting a 2 months probation for a role that should have been set up as an executive engagement at 6 months, and failing to set written pass criteria before day one, leaving no documented basis for ending the trial period.

Adapted onboarding framework for Vietnam's statutory probation caps:

The 2 months window for professional roles is tight. A new hire who spends the first two weeks waiting for equipment and system access may reach the day-30 mid-point with almost no substantive performance data. Front-loading practical setup on day one is not optional at this pace.

Day-one onboarding admin in Vietnam includes social insurance enrolment at the statutory 21.5% employer rate, a written employment contract, and confirmation of the probation terms and criteria in writing. All three are day-one obligations, not post-probation tasks.

Real HR and legal experts handle your Vietnam hires from the first offer letter through every review meeting and probation outcome. An actual person, not a chatbot or a pooled queue. There is no setup fee and no exit fee. Employer cost passes through at cost, itemised on every invoice.

Most clients use Teamed to graduate out of direct-entity complexity as they scale in Vietnam. With a 2 months statutory cap, the EOR model works well until it isn't operationally necessary to own a local entity. Start fast, stay compliant, build your presence.

Teamed's standard Vietnam service for probation and onboarding:

• Vietnam employment contract includes a probation clause set to the correct statutory cap for the role type: 2 months for professional roles, up to 6 months for executives (Article 25, Labour Code 2019)
• Social insurance registration completed on or before the first day of work, at the statutory 21.5% employer contribution rate
• Probation review template provided to client managers at the mid-point of the probation window and again before expiry
• Probation cancellation notice handled by Teamed if a trial-period end is agreed, including all required written documentation
• Clear split of responsibility: the client owns the performance assessment; Teamed owns the procedure, paperwork, and Labour Code compliance
• Full employment transition on pass: indefinite-term contract activated, 45 days employer notice period in effect from that date

Key sources: Labour Code 2019 (Law No. 45/2019/QH14), PwC Vietnam social insurance summary, and Acclime Vietnam HR and Payroll Guide 2026.