TERMINATION OF EMPLOYMENT CONTRACT IN VIETNAM

As stipulated in Article 34 of the Labor Code of Vietnam effective from 1st January 2021, a employment contract is terminated only in the following cases:

Article 34. Cases of termination of an employment contract

  1. The employment contract expires, except for the case specified in Clause 4 Article 177 of this Code.
  2. The tasks stated in the employment contract have been completed.
  3. Both parties agree to terminate the employment contract.
  4. The employee is sentenced to imprisonment without being eligible for suspension or release as prescribed in Clause 5 Article 328 of the Criminal Procedure Code, capital punishment or is prohibited from performing the work stated in the employment contract by an effective verdict or judgment of the court.
  5. The foreign employee working in Vietnam is expelled by an effective verdict or judgment of the court or a decision of a competent authority.
  6. The employee dies; is declared by the court as a legally incapacitated person, missing or dead.
  7. The employer that is a natural person dies; is declared by the court as a legally incapacitated person, missing or dead. The employer that is not a natural person ceases to operate, or a business registration authority affiliated to the People’s Committee of the province (hereinafter referred to as “provincial business registration authority”) issues a notice that the employer does not have a legal representative or a person authorized to exercise the legal representative’s rights and obligations.
  8. The employee is dismissed for disciplinary reasons.
  9. The employee unilaterally terminates the employment contract in accordance with Article 35 of this Code.
  10. The employer unilaterally terminates the employment contract in accordance with Article 36 of this Code.
  11. The employer allows the employee to resigns in accordance with Article 42 and Article 43 of this Code.
  12. The work permit or a foreign employee expires according to Article 156 of this Labor Code.
  13. The employee fails to perform his/her tasks during the probationary period under the employment contract or gives up the probation. 

Please contact us, LVT Lawyers, Lawyers in consulting for foreign employees in Vietnam.

LVT Lawyers with a team of lawyers with many years of experience in consulting on termination of employment contract for foreign employees in Vietnam. Along with the enthusiasm and dedicated work, we assure putting the interests of clients on the top to fit the motto "Our services, your success". LVT Lawyers provide consulting services on termination of employment contract for foreign employees in Vietnam as follows:

- Consulting on the rights and obligations of employees, employers in the employment contract;

- Consulting on methods termination of employment contracts;

  • Consulting on methods unilaterally terminate the employment contract lawfully;

  • Consulting on the legal consequences of unilateral termination of the employment contract is unlawful;

  • Consulting on how to deal with labor disputes, procedures for settling labor disputes when unilaterally terminate the employment contract is unlawful