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Articles 24 to 27, Labour Code 2019

Probation contract template

For the probation period before signing the official contract. The template states the probation length, probation salary and how the result is announced.

Length by positionReminds you of the maximum probation period for each type of job.Lawful probation payStates the salary and its ratio to the official salary.Assessment criteriaSets out pass and fail criteria to limit disputes between the parties.

Choose an industry to add clauses specific to it.

Probation contract

Labour Code 2019, Articles 24 to 27

A probation agreement before the official contract, with pay of at least 85% of the job's salary.

8 clauses

Indefinite-term labour contract

Labour Code 2019, Article 20(1)(a)

For stable, long-term positions where neither party sets an end date.

9 clauses

Fixed-term labour contract

Labour Code 2019, Article 20(1)(b)

Has a specific end date, lasts up to 36 months and can be renewed only once.

9 clauses

Labour contract under 12 months

Labour Code 2019, Article 20(1)(b)

For temporary, seasonal or specific work lasting less than a year.

9 clauses

Freelance collaborator contract

Civil Code 2015, Article 513 on service contracts

Task-based collaboration, not an employment relationship unless there is management and supervision.

6 clauses

Piecework contract

Civil Code 2015, Article 542 on processing contracts

Assigns a full scope of work, paid according to the accepted results.

5 clauses

Service contract

Civil Code 2015, Articles 513 to 521

The provider performs services for the client and receives a service fee.

5 clauses

Internship contract

Labour Code 2019 and the training institution's internship rules

Hosts student interns, with or without financial support.

6 clauses

Vocational training contract

Labour Code 2019, Articles 61 to 62

The company pays for training and the trainee commits to working after the course.

5 clauses

Labour contract appendix

Labour Code 2019, Article 22

Amends or supplements part of a labour contract that is in force.

3 clauses

Part-time labour contract

Labour Code 2019, Article 32

Fewer hours than normal working time, with entitlements in proportion to the hours actually worked.

9 clauses

Remote work labour contract

Labour Code 2019, Articles 21 and 105

The employee works mainly away from the office, with rules on equipment, connectivity and security.

10 clauses

Labour contract with a foreign employee

Labour Code 2019, Articles 151 to 157

For foreign nationals working in Vietnam, with the term tied to the work permit.

10 clauses

Domestic worker labour contract

Labour Code 2019, Articles 161 to 165

A household hires a domestic worker, with specific rules on rest, board and insurance paid with wages.

7 clauses

Labour contract with an executive

Labour Code 2019 and Law on Enterprises 2020

Signed with directors and department heads, with clauses on authority, income and confidentiality.

10 clauses

Consulting contract

Civil Code 2015, Articles 513 to 521

An expert advises within an agreed scope for a consulting fee, outside an employment relationship.

7 clauses

Non-disclosure agreement

Labour Code 2019, Article 21(2)

Signed with the labour contract to protect trade secrets, customer data and technology.

6 clauses

Labour contract termination agreement

Labour Code 2019, Article 34(3)

Both parties agree to end the contract and settle the last day, payments and handover.

6 clauses
See all 18 contract templates
Guide

Probation contracts: up to 180, 60, 30 or 6 days, 85% minimum pay and often-missed clauses

7 sectionsAbout 3 min readUpdated 01/10/2026

A probation contract is the first contract most working people ever sign, and also the one fewest people read carefully. Businesses, for their part, tend to default to "two months' probation at 85% pay" for every position, from warehouse assistant to department head. This article compares Articles 24 to 27 of the Labour Code 2019 with what happens in practice: who can be on probation and for how long, how probation pay is calculated, what has to happen when probation ends, and how to draft the template on Việc Hot.

Probation written into the labour contract, or a separate probation contract

Article 24 of the Labour Code 2019 (Bộ luật Lao động 2019) allows two approaches: writing the probation terms into the labour contract itself, or signing a separate probation contract. There can be no probation under a labour contract of less than one month. The difference lies in insurance: if probation is written into the labour contract, the employment relationship exists from day one, and a contract of one full month or longer is subject to compulsory social insurance under the Social Insurance Law 2024 (Luật Bảo hiểm xã hội 2024); with a separate contract, the probation period is not yet a labour contract, but in return the company must sign the official contract if the employee passes. Small businesses often sign a separate contract to keep things simple; foreign-invested companies usually write probation straight into a 12-month contract to avoid doing the paperwork twice.

Maximum probation period by type of position

Type of workMaximumExample positions
Enterprise managersMaximum180 daysExample positionsDirector, general director, member of the board of directors
Requires a college degree or higherMaximum60 daysExample positionsGeneral accountant, software developer, civil engineer, marketing executive
Intermediate level, technical workers, professional staffMaximum30 daysExample positionsCertified welder, nurse with an intermediate diploma, receptionist, cashier
Other jobsMaximum6 working daysExample positionsWarehouse assistant, waiting staff, delivery worker

Article 25 allows probation only once for any one job. Moving to a genuinely different position allows a new probation; "one more month just to be sure" in the same position is unlawful. The Việc Hot editor warns you as soon as the number of days exceeds 60, which is allowed only for enterprise managers, and reports that the cap has been exceeded above 180.

Probation pay of at least 85%, and how to work out the actual figure

Article 26 sets a floor: probation pay must be at least 85% of the salary for the job. "The salary for the job" means the regular salary for that position, not the regional minimum wage. If a general accountant position pays 12,000,000 VND, probation pay may not be below 10,200,000 VND. Paying the full 100% during probation is normal at many companies; the law only prohibits paying below the floor. The offer letter should state both figures so nobody misunderstands, and you can convert quickly with the probation pay calculator.

A correctly worded probation pay clause

Article 4. Probation salary: Probation salary rate: 10,200,000 VND/month (In words: ten million two hundred thousand dong), equal to 85% of the salary of 12,000,000 VND/month for the job on probation. Salary is paid by bank transfer on the 5th of the following month.

The end of probation, cancelling part-way through, and what is often overlooked

  1. Day oneSign the probation contract before work starts
  2. During probationEither party may cancel, with no notice and no compensation
  3. Last dayThe company announces whether the employee has passed
  4. Next daySign the labour contract if passed

Article 27 requires the company to notify the result when probation ends. Two things are often overlooked: the evaluation criteria and the written notice. Without criteria, "did not pass" is just the manager's impression; the Việc Hot template has a ready-made section for criteria so both parties agree on them from the start. If probation ends, the company says nothing and you keep working, you have grounds to ask for a labour contract straight away, because the law allows only one probation and requires the result to be notified.

What employees should check before signing a probation contract

  • The number of probation days matches the position's category: 60 days for work requiring a college degree or higher, 30 days for intermediate-level and professional roles, 6 days for other work.
  • Probation pay is written as a figure, together with its percentage of the regular salary and the regular salary you will receive once you pass.
  • Whether probation is written into the labour contract or signed separately, because this determines when insurance contributions start.
  • The pass or fail criteria, who does the evaluation and how the result will be notified.
  • The workplace, working hours and protective equipment if you work in a factory or on a construction site.
  • No handing over original diplomas, no deposits, no payments of any kind.

Drafting a probation contract on Việc Hot

  1. Choose the probation template and industry

    Click "Use this template" above. Choose an industry so the template adds its own clauses; manufacturing, for example, gets a section on occupational safety and protective equipment.

  2. Enter the days, pay and percentage

    Enter the number of probation days, the probation pay and its percentage of the regular salary. The editor warns you if the percentage is below 85% or the number of days exceeds the cap.

  3. Print, save or send a link

    The contract prints directly on A4 and is saved in your account, and you can send the employee a link so they can read it before signing.

Frequently asked questions

180 days for enterprise managers, 60 days for work requiring a college degree or higher, 30 days for intermediate-level jobs, technical workers and professional staff, and 6 working days for other work, under Article 25 of the Labour Code 2019.

No. Article 26 provides that probation pay must be at least 85% of the salary for the job. The parties may agree on more.

No. During probation, either party may cancel the probation agreement without notice and without paying compensation.

The law requires the company to notify the result at the end of probation and allows only one probation per job. You should request a labour contract in writing right after the last day of probation.

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