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Contract templatesLegal verification date 2026-09-18
Vietnam Probationary Employment Contract Template
The two most common breaches in probationary hiring are over-long probation and under-paying it. This template writes the Article 25 day caps and the Article 26 85% floor into the clauses, and adds the two employer duties under Article 27.
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In .docx format, free and without sign-up. The Vietnamese version prevails within Vietnam; the Chinese and English versions are for comprehension.
Key compliance points
- Four caps by role enterprise managers 180 days; college degree or above 60 days; intermediate vocational, technical and operational staff 30 days; other work 6 days. Probation may be conducted only once for one job.
- The 85% is calculated on the salary for the position, not on the probationary salary. A common drafting error is to state a probationary salary and then apply a further 85% cut, which takes the amount paid below the statutory floor.
- The employer must notify the result at the end of probation ; where a separate probationary contract was signed and the result is satisfactory, a labour contract must be concluded. Circulating templates usually carry only the other half — the right to cancel at any time.
- Insurance and annual leave depend on the form of engagement a separate probationary contract generally attracts neither; probation inside a labour contract attracts insurance from the contract’s effective date. Do not draft an absolute exclusion.
Legal basis
| Instrument | Substance | Effective |
|---|---|---|
| Bộ luật Lao động 45/2019/QH14 — Điều 25 | Probation capped at 180 / 60 / 30 / 6 days; only once for one job | — |
| Bộ luật Lao động 45/2019/QH14 — Điều 26 | Probationary pay at least 85% of the salary for that job | — |
| Bộ luật Lao động 45/2019/QH14 — Điều 27 | Clause 1: the result must be notified and a labour contract concluded if satisfactory. Clause 2: cancellation during probation needs no notice and no compensation | — |
| Nghị định 293/2025/NĐ-CP | Probationary pay may not fall below the regional minimum wage either | 2026-01-01 |
Establish these before use
- 1Which of the four Article 25 caps applies to the position
- 2Clause 3.1 states the position’s full salary; Clause 3.2 is at least 85% of it
- 3Which region the place of work falls in, and the corresponding minimum wage
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Disclaimer
This document is general reference material and does not constitute legal advice. Rules vary with sector, locality and the specific arrangement; have a Vietnamese-qualified lawyer or tax practitioner review your circumstances before relying on it. Vietnamese law changed frequently across 2025–2026 — confirm the position remains current before use.