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> GOVERNANCE - home > Employment protection legislation database - EPLex > Viet Nam

Viet Nam - Procedural requirements for individual dismissals


Procedural requirements for individual dismissals - Viet Nam - 2012    

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Notification to the worker to be dismissed: no specific form required

Remarks:
  • Art. 38 (3) LC stipulates that the employer shall notify the worker of the dismissal but does not specify whether such notification shall be written.

Notice period:
Remarks:
  • Art: 38 (3) LC: The employer must give at least 45 days' notice for an indefinite duration contract, 30 days' notice for a fixed-term contract, and three days' notice for a seasonal or specific-task contract. These requirements apply to all forms of unilateral termination, except when the employer is using dismissal as a disciplinary measure.
    • tenure ≥ 6 months
      • permanent workers - 45 day(s).
    • tenure ≥ 9 months
      • permanent workers - 45 day(s).
    • tenure ≥ 2 years
      • permanent workers - 45 day(s).
    • tenure ≥ 4 years
      • permanent workers - 45 day(s).
    • tenure ≥ 5 years
      • permanent workers - 45 day(s).
    • tenure ≥ 10 years
      • permanent workers - 45 day(s).
    • tenure ≥ 20 years
      • permanent workers - 45 day(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 41 (4) LC

    Notification to the public administration: No

    Remarks:
    • No general obligation to notify.
      However, before dismissing an employee due to poor performance, disciplinary measures, or illness, the employer must consult with the executive committee of the enterprise trade union with the aim of coming to an agreement. In case of disagreement, the two parties must report to the local branch of the State administration of labour: art. 38 (2) LC.

    Notification to workers' representatives: Yes

    Remarks:
    • Art. 38 (2) LC: Before an employer can dismiss an employee due to poor performance, disciplinary measures, or illness, he must consult with the executive committee of the enterprise trade union with the aim of coming to an agreement.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No