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NDA

Non-disclosure agreement template

For when both parties share information that must stay confidential. The agreement defines what is confidential, for how long and the liability for disclosure.

Confidential informationLists the protected types of information and the exclusions.Confidentiality periodStates how long it lasts, including after the relationship ends.Liability for breachIncludes compensation terms and what to do if information leaks.

Choose an industry to add clauses specific to it.

Non-disclosure agreement

Labour Code 2019, Article 21(2)

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

6 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

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

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

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

Employee NDAs: protecting business secrets without stopping people from working

8 sectionsAbout 4 min readUpdated 01/10/2026

Businesses entrust their staff with customer lists, product formulas and source code, and want none of it to leave with them when they go. Article 21(2) of the Labour Code 2019 (Bộ luật Lao động 2019) allows written agreements on protecting business secrets and technology secrets; a confidentiality agreement (thoả thuận bảo mật thông tin), usually called an NDA, is the way to do it. Many NDAs, however, go too far. This article shows how to write one that is tight enough and still stands up in a dispute.

What a non-disclosure agreement is and its legal basis

For employees, the basis is Article 21(2) of the Labour Code 2019: when the work is directly connected with business secrets or technology secrets, the two parties may agree in writing on the content, the protection period, the benefits and compensation for any breach. Article 16 also requires the employer to provide information on the rules for protecting secrets at the time the contract is made, so the NDA should be presented at the same time as the contract, not three months into the job.

With partners, suppliers or candidates who are not yet employees, an NDA is a civil agreement under the Civil Code 2015 (Bộ luật Dân sự 2015). The template on Việc Hot is built on the first basis: it is tied to a labour contract number and forms an integral part of that contract.

What information counts as confidential and what does not

The template points out a principle many businesses overlook: only information protected by real security measures counts as a business secret. A document anyone can download from a shared drive, with no confidential marking and no access controls, is very hard to prove secret in a dispute.

Within the scope of confidentialityOutside the scope of confidentiality
Within the scope of confidentialityCustomer lists with pricing and discount termsOutside the scope of confidentialityInformation already published on the website, in the press or in public registration records
Within the scope of confidentialityFormulas, production processes, source code, unpublished designsOutside the scope of confidentialityProfessional skills and experience the employee builds up while working
Within the scope of confidentialityBusiness plans, financial figures, cost pricesOutside the scope of confidentialityInformation lawfully provided by a third party without any duty of confidentiality
Within the scope of confidentialityPersonnel files, payroll, colleagues' personal dataOutside the scope of confidentialityInformation that must be provided at the request of a competent authority

How long confidentiality lasts and its limits after leaving

The duty of confidentiality takes effect on the signing date and continues for a period after the labour contract ends. The template leaves the number of months blank for the parties to fill in and suggests a reasonable period of 1 to 3 years; the editor warns you if this field is left empty, because an NDA with no time limit after the employee leaves is very hard to have accepted.

Handling breaches: compensation for damage or a fixed penalty

The template provides that an employee in breach must compensate for the actual damage and may face disciplinary action under the internal labour rules. Businesses often want to write in a set penalty, for example 200 million VND per breach, but in an employment relationship a fixed penalty does not replace proof of damage; the more robust approach is to describe measurable damage and keep access logs as evidence.

Term and breach clauses written the right way

Article 4. Confidentiality period

The duty of confidentiality takes effect from 1 November 2026 and continues for 24 months from the date the labour contract ends, except that the formulations in Appendix 1 remain confidential for 60 months.

Article 5. Handling of breaches

An employee in breach must compensate for the actual damage the Company can prove, including revenue lost from customers named in the confidential list and the cost of remedying the breach, and may also face disciplinary action under the internal labour rules.

What employees should check before signing an NDA

  • The confidential information is listed specifically, with exclusions for public information and your professional skills.
  • The confidentiality period after you leave is a specific figure, not "indefinite".
  • There is no clause banning you from working for any company in the same industry for years without compensation.
  • Breaches are dealt with through compensation for proven actual damage, not a preset penalty.
  • It does not come with a demand to hold your diplomas or original documents or to pay a deposit, all of which Article 17 prohibits; you keep a copy signed by both sides.

Common employer mistakes with non-disclosure agreements

Treating everything as confidential, so that nothing can be proved confidential. Having no real security measures such as access controls, document marking or access logs. Writing in a fixed penalty instead of a compensation mechanism. Inserting an open-ended non-compete clause into the NDA, which drags the confidentiality terms down with it in a dispute. Signing an NDA but having no handover record for documents, equipment and accounts when the employee leaves, so nobody knows when the information left the company.

Drafting a non-disclosure agreement on Việc Hot

  1. Choose the NDA template and the industry

    IT adds ownership of source code, sales adds customer information, and banking and finance adds confidentiality under sector-specific law.

  2. Fill in the contract number, position, list of information and period

    Enter the number of the labour contract it accompanies, list the confidential information in the specific content field and fill in the number of months of confidentiality after leaving. The editor warns you if the period is missing.

  3. View by role, then print two copies

    Turn on "View by role" to read the notes for the employee before handing the agreement over for signature. The printed and shared copies contain no notes; the agreement is saved in your account together with the contract.

Frequently asked questions

No. Article 21(2) of the Labour Code 2019 only allows the two sides to agree on one when the work is directly connected with business or technology secrets. The employee has the right to negotiate the scope and period before signing.

Yes, for the period stated in the agreement. The template suggests 1 to 3 years after the contract ends; an agreement with no stated period is very hard to have accepted.

In an employment relationship, the employee compensates for the actual damage the company can prove; a preset penalty does not replace proof of damage. That is why the template on Việc Hot uses a compensation mechanism instead of a penalty.

Labour law only provides for agreements protecting business and technology secrets. Only accept a clause banning work for competitors after you leave if it is narrow in scope, short in duration and comes with compensation; its validity is assessed case by case.

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