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Agreed by both parties

Labour contract termination agreement template

For when both parties agree to end the contract early. The template states the last working day, the final payments and a commitment not to raise disputes later.

Mutual terminationStates the last working day and the agreed reason for termination.Final paymentsWages, remaining leave, allowances and the payment deadline.Handover and insurance bookCovers the handover of work and assets and closing the social insurance book.

Choose an industry to add clauses specific to it.

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

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

Non-disclosure agreement

Labour Code 2019, Article 21(2)

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

6 clauses
See all 18 contract templates
Guide

Ending a labour contract by agreement: how it differs from resigning and what to settle

8 sectionsAbout 4 min readUpdated 01/10/2026

A company wants to slim down a department but lacks grounds to terminate unilaterally; an employee wants to leave now rather than wait out the full 45 days' notice. The two needs meet in Article 34(3) of the Labour Code 2019 (Bộ luật Lao động 2019): a contract ends when both parties agree. A labour contract termination agreement (thoả thuận chấm dứt hợp đồng lao động) records that common ground: the last working day, the amounts payable and the finalisation of the social insurance book. The sections below compare it with leaving unilaterally.

How termination by agreement differs from unilateral termination

The Labour Code 2019 has three common ways out of a contract: unilateral termination by the employee under Article 35, unilateral termination by the employer under Article 36, and mutual agreement under Article 34(3). The third requires no reason, no notice and no statutory grounds; in return, anything the two sides do not put in writing will be very hard to claim later.

CriterionTermination by agreementUnilateral, by the employeeUnilateral, by the company
BasisTermination by agreementArticle 34(3), signed by both sidesUnilateral, by the employeeArticle 35, no reason neededUnilateral, by the companyArticle 36, statutory grounds required
NoticeTermination by agreementNot needed; the parties choose the end dateUnilateral, by the employee45, 30 or 3 working days depending on the type of contractUnilateral, by the companyLikewise 45, 30 or 3 days
Severance allowanceTermination by agreementYes, after 12 full months or moreUnilateral, by the employeeYes if lawful; lost if unlawful, under Article 40Unilateral, by the companyYes, after 12 full months or more
Payment and finalising the insurance bookTermination by agreement14 working days under Article 48Unilateral, by the employee14 working days under Article 48Unilateral, by the company14 working days under Article 48
Main riskTermination by agreementSigning before every payment is listedUnilateral, by the employeeGiving too little notice means paying compensationUnilateral, by the companyWrong grounds mean taking the employee back and paying compensation

When to sign a termination agreement and when to refuse

Sign when both sides want to stop: the company is restructuring and willing to pay an extra support amount, or the employee already has a new job and wants to leave before the notice period is up. Refuse when you do not want to leave and the company is only offering a "voluntary" document to avoid having to find grounds under Article 36; not signing is not a violation, and if the company still lets you go, it must have grounds and give notice on time, otherwise the termination is unlawful.

Payments to settle in a termination agreement

Salary up to the last working day, including any unpaid overtime. Pay for annual leave not taken, at 12 working days a year under Article 113, prorated to the months worked. The severance allowance under Article 46: for regular work of 12 full months or more, half a month's salary for each year, but the qualifying period is the total time worked minus the time covered by unemployment insurance contributions, so for most employees this amount is small or zero, covering only the probation period or periods without insurance contributions. Bonuses for periods already completed and commission on contracts already paid for. Finally, the other direction: training costs to be repaid if there is a vocational training contract under Article 62 and the committed period has not been served.

A payment clause written the right way

Article 3. Payments

Salary from 1 October 2026 to 15 October 2026: 7,500,000 VND. Pay for 6 days of unused annual leave: 4,153,846 VND. Agreed termination support payment: 30,000,000 VND. Approved bonus for the third quarter of 2026: 5,000,000 VND.

Total: 46,653,846 VND, paid by the Company in a single bank transfer on 24 October 2026, no later than 14 working days from the termination date, after deducting personal income tax and the insurance contributions for October 2026 as required by law.

Payment deadline, finalising the insurance book and returning documents

  1. Signing dateBoth sides agree on the last working day, the payment table and the handover schedule. The agreement takes effect on the signing date.
  2. Last working dayHand over work, assets and accounts; the company may not hold on to original documents to force the handover.
  3. Within 14 working days of terminationArticle 48: both sides settle all amounts in full; the template notes that even in special cases this may not exceed 30 days.
  4. Confirmation of insurance periodsThe company completes the procedure confirming the social insurance and unemployment insurance contribution periods and returns any documents it has held.

The termination agreement is one of the documents used when applying for unemployment benefit; the conditions and benefit amount follow the Employment Law 2025 (Luật Việc làm 2025), and you can estimate them in advance with the unemployment benefit calculator. Any confidentiality obligations signed earlier continue after the termination date.

What employees should check before signing

  • The termination date is specific and matches the day you actually leave; the reason is given as "by agreement of both parties", not "left without permission".
  • Each amount is written in figures: salary, unused leave, bonus, support payment; there is a total line and a transfer date no more than 14 working days away.
  • A sentence states that the company will complete the confirmation of your insurance contribution periods and return any diplomas or original documents it holds.
  • The "no further claims" sentence only takes effect once you have received all the amounts above.
  • You keep a signed and sealed copy; you will need it for your unemployment insurance claim and for your new employer.

Common employer mistakes when terminating by agreement

Pressuring the employee to sign is the most serious mistake: an agreement signed under pressure may be held to be involuntary, and the whole termination can be overturned. The second is writing "amounts as prescribed by law" instead of figures, so the two sides go on arguing after signing. The third is paying after 14 working days, or holding back part of the money "until the handover is finished". The fourth is keeping diplomas or the social insurance book to force a handover, which Article 17 prohibits. The last is being slow to confirm the insurance contribution periods, so the employee misses the deadline for claiming unemployment benefit.

Drafting a labour contract termination agreement on Việc Hot

  1. Choose the termination agreement template

    The template has six articles: basis, termination date, payments, handover and records, undertakings by both sides, and entry into effect. Choose an industry if you need extra clauses on handing over customer information or accounts.

  2. Fill in the contract number, termination date and payment table

    Enter the original contract number, the position, the last working day, each amount and the payment date. The editor warns you if the termination date is missing, because without it the payment deadline cannot be worked out.

  3. Send the employee a preview, then print

    Share the link so the employee can read it and comment before signing. The printed copy is clean, with no notes; the agreement is saved in your account together with the original contract.

Frequently asked questions

Yes, if you have worked regularly for 12 full months or more. Each year worked earns half a month's salary, but the qualifying period excludes the time already covered by unemployment insurance contributions, so the amount is usually small for people whose insurance has been paid in full.

Eligibility follows the Employment Law, including the contribution period and filing the application on time. The termination agreement is the document in your application that confirms the contract has ended; ask the company to finalise your insurance book early so you do not miss the deadline.

You have the right to refuse to sign and to keep working. To let you go, the company must have grounds under Article 36 and give notice on time; termination without grounds is unlawful, and the company must take you back and pay compensation as the law requires.

Within 14 working days of the termination date under Article 48, together with confirming your insurance contribution periods and returning your documents. The template notes that even in special cases this may not exceed 30 days.

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