Q&A · Employment
How long can probation last, and what is the minimum pay?
Translated from the Vietnamese original; where they differ, the Vietnamese text and the law prevail.
Awaiting review by a lawyer. Each rule cites its source; where the texts are unclear, the page says so.
The probation period (thời gian thử việc) is agreed by both sides but may not exceed 180 days for an enterprise manager, 60 days for a job requiring a college degree or higher, 30 days for a job requiring intermediate vocational level, technical workers or professional staff, and 6 working days for other jobs (Article 25 of the Labour Code 2019 (Đ.25 BLLĐ 2019)). Each job may be tried out only once. Probation pay is at least 85% of the wage for that job (Đ.26), and during probation either side may leave at once without compensation (Đ.27 khoản 2).
Maximum probation period
| Job | Maximum |
|---|---|
| Enterprise manager (under the Law on Enterprises and the Law on management of state capital in enterprises) | 180 days |
| Positions requiring professional or technical qualifications of college level (cao đẳng) or higher | 60 days |
| Positions requiring intermediate level (trung cấp), technical workers, professional staff | 30 days |
| Other jobs | 6 working days |
Basis: Đ.25 BLLĐ 2019. The maximum depends on what the job requires, not on your qualifications. For example, if you have a university degree but work as a sales assistant, probation is still at most 6 working days if the job requires no professional qualification.
Only one probation per job (Đ.25). The company may not extend probation, sign a second probation for the same job, or call probation something else such as "paid apprenticeship" (học việc có lương) to get around the maximum.
No probation for labour contracts (hợp đồng lao động, HĐLĐ) of under 1 month (Đ.24 khoản 3).
Two ways to agree on probation
Under Đ.24 khoản 1 BLLĐ 2019, the company may:
- Write the probation terms into the labour contract itself; or
- Sign a separate probation contract (hợp đồng thử việc), which must state the probation period, the job, the place, the wage, working hours and protective equipment (Đ.24 khoản 2).
Probation pay
Probation pay is agreed by both sides but is at least 85% of the wage for that job (Đ.26). For example, if the regular wage is VND 10 million, probation pay is at least VND 8.5 million.
Is social insurance paid during probation?
Someone working under a probation contract is not subject to compulsory social insurance (bảo hiểm xã hội bắt buộc) (Article 3(5) of Decree 158/2025/NĐ-CP (Đ.3 khoản 5 Nghị định 158/2025/NĐ-CP)) nor to unemployment insurance (Article 31(2) of the Employment Law 2025 (Đ.31 khoản 2 Luật Việc làm 2025)). Where probation is written into a labour contract of 1 month or more, the texts do not say clearly whether insurance must be paid for the probation period; you should ask the social insurance agency where the company pays.
Even without insurance, the probation period still counts as actual working time when severance allowance (trợ cấp thôi việc) or job-loss allowance (trợ cấp mất việc làm) is calculated later (Đ.8 khoản 3 điểm a NĐ 145/2020).
End of probation
When the probation period ends, the company must tell you the result (Đ.27 khoản 1):
- Passed: if probation was written into the labour contract, the contract continues; if a separate probation contract was signed, the company must sign a labour contract with you.
- Not passed: the probation contract, or the labour contract with a probation clause, ends (khoản 13 Đ.34).
During probation, either side may cancel the probation contract or the signed labour contract without notice and without compensation (Đ.27 khoản 2). You are still paid for the days worked.
If probation has ended and the company keeps you working without telling you the result or signing a labour contract, you should ask in writing. Letting you continue in the same job is usually taken to mean you passed; this reading rests on the duty to notify in Đ.27, the law does not say it directly.
What the company may not do
- Keep you on probation beyond the maximum, or put you on probation more than once for one job (Đ.25).
- Pay probation wages below 85% (Đ.26).
- Apply probation to a contract of under 1 month (Đ.24 khoản 3).
- Fail to tell you the result when probation ends (Đ.27 khoản 1).
- Keep the originals of your identity papers or diplomas, or make you pay a deposit in money or property (Đ.17 khoản 1, 2).
When to ask a lawyer
- The company makes you do a second probation, extends it, or calls probation unpaid "training".
- The company lets you go after probation has already ended but says you "did not pass probation".
- The company keeps your original diplomas or takes a deposit when you start probation.
- There is a dispute over probation pay: the time limit to request mediation is 6 months, and to sue in court 1 year (Đ.190 BLLĐ).