You have just received your first job offer by email. The salary looks fine and the role matches your major, but there is one small line at the end: "Probation period: 3 months at 70% of salary." Many fresh graduates sign straight away without checking the rules on the probation period in Vietnam, because they assume "that's how it works for everyone", especially in a tough market: according to Vietnam's National Statistics Office, unemployment among young people aged 15-24 was 9.07% in Q3/2026, far higher than the 2.22% rate for the working-age population as a whole.
Understanding the rules on the probation period in Vietnam helps you tell which lines in an offer are normal and which ones deserve a follow-up question. This article summarizes what the 2019 Labor Code says about probation length, probation pay, quitting during probation and the new penalties that took effect on 10 September 2026, plus a checklist and sample questions you can use to ask an employer politely before you sign.
1. What is probation, and is it mandatory?
Probation is a period for both sides to check whether the fit is right before committing long term: the company sees whether you can do the job, and you see whether the environment, the manager and the workload match your expectations.
A few basics:
- Probation is an agreement, not a requirement. The two sides may agree to a probation period or skip it.
- A separate probation contract is not required. Probation terms can be written directly into the employment contract, or the two sides can sign a separate probation contract.
- No probation for contracts shorter than one month. If you take a short-term job lasting a few weeks, the company cannot ask you to serve probation.
So when you read an offer, check where the probation terms are written and whether they clearly state the length, the pay and the specific job. If there is only a vague line such as "probation according to company policy", ask for clarification.
2. How long can probation legally last?
This is the most common question. Under Article 25 of the 2019 Labor Code (summary on Thu Vien Phap Luat), the probation period is agreed by both sides based on the nature and complexity of the job, but it cannot exceed the following limits:
| Type of job | Maximum probation period |
|---|---|
| Work of an enterprise manager | 180 days |
| Professional roles requiring a college degree or higher | 60 days |
| Roles requiring intermediate vocational training, technical workers, administrative staff | 30 days |
| Other jobs | 6 working days |
This means that for most roles open to new university or college graduates (marketing executive, accountant, junior developer and so on), the maximum probation period is 60 days, not 3 or 6 months.
Only one probation period per job
The law allows probation only once for the same job. "You haven't passed yet, let's extend your probation by another month" is a request for a second probation period for the same job and does not comply with the rules. If the company does not have enough to evaluate you, it should discuss the result and next steps clearly instead of stretching probation out.
3. How much is probation pay?
Under Article 26 of the 2019 Labor Code, probation pay is agreed by both sides but must be at least 85% of the salary for that job.
Example: if the offer states a full salary of VND 10,000,000 per month, probation pay must be at least VND 8,500,000 per month. The "70% of salary" in the example at the start of this article is below the legal minimum.
Two more points to note:
- The full salary cannot be lower than the regional minimum wage. From 1 January 2026, under Decree 293/2025/ND-CP, the monthly minimum wage is VND 5,310,000 (Region I), VND 4,730,000 (Region II), VND 4,140,000 (Region III) and VND 3,700,000 (Region IV) (LuatVietnam).
- 85% is a floor, not a fixed rate. Many companies pay 100% of the salary from the start of probation. You are entirely free to ask about this.
Gross or net? Ask from the start
The figure in an offer can be gross salary (before insurance and tax) or net salary (take-home pay). Once you become a permanent employee and join compulsory insurance, employees typically contribute 10.5% of the salary used as the contribution base: 8% social insurance, 1.5% health insurance and 1% unemployment insurance (LuatVietnam). So for the same number, gross and net can differ noticeably. If these items are new to you, read How to Read a Payslip: Understanding Gross Salary, Net Salary, Personal Income Tax, and Social Insurance.
4. What happens when probation ends?
Under Article 27 of the 2019 Labor Code (Thu Vien Phap Luat):
- The company must notify you of the probation result when the probation period ends.
- If you pass: the signed employment contract continues, or the two sides sign an employment contract (if only a separate probation contract was signed before).
- If you do not pass: the probation contract or the signed employment contract is terminated.
Do you have to pay compensation if you quit during probation?
No. During probation, either side has the right to cancel the probation agreement without advance notice and without paying compensation. Even so, if you decide to leave, it is still best to tell the company early, hand over your work clearly and leave on good terms, because every industry is smaller than you think.
The same applies the other way round: the company can end your probation without advance notice. That is why you should ask your manager about the evaluation criteria from your very first week.
5. New penalties for employers that break probation rules
From 10 September 2026, Decree 283/2026/ND-CP sets penalties for employers that violate probation rules (Thu Vien Phap Luat). The amounts below apply to employers who are individuals; organizations are fined twice as much.
| Violation | Fine (individual) |
|---|---|
| Requiring probation for a contract shorter than one month | VND 500,000 - 1,000,000 |
| Not notifying the probation result | VND 500,000 - 1,000,000 |
| Requiring probation more than once for the same job | VND 2,000,000 - 5,000,000 |
| Probation longer than the legal limit | VND 2,000,000 - 5,000,000 |
| Paying probation wages below 85% of the job's salary | VND 2,000,000 - 5,000,000 |
| Not signing an employment contract after the worker passes probation (where a separate probation contract was signed) | VND 2,000,000 - 5,000,000 |
For violations such as probation that runs too long, repeated probation or pay below 85%, the employer must also pay the worker 100% of the job's salary for that period.
The point of this section is not to set you up for a fight with the employer, but to help you understand the minimum the law protects.
6. Checklist and sample questions before you sign
An 8-point checklist
- How many days is the probation period, and when does it start and end?
- Does that length exceed the legal limit for your type of job (usually 60 days for roles requiring a college degree or higher)?
- What percentage of the full salary is the probation pay (at least 85%)?
- Is the figure in the offer gross or net?
- Do allowances (lunch, parking, phone and so on) apply during probation?
- What are the probation evaluation criteria, and who evaluates you?
- When and how will you receive your probation result?
- If you pass, what type of employment contract will you sign, for how long, and when does insurance start?
Polite sample questions
Asking about length and pay:
"Thank you for sending the offer. I'd like to confirm a couple of details: how many days is the probation period for this role, and what percentage of the full salary is the probation pay?"
Asking about evaluation criteria:
"To prepare well for the probation period, could you share the criteria or goals my manager will use to evaluate me?"
When the probation period is longer than the legal limit:
"I noticed the offer mentions a 3-month probation. From what I understand, the maximum probation period for a role requiring a university degree is 60 days. Could you please check this for me?"
If you want to discuss the salary itself, Salary Negotiation for Fresh Graduates: A Practical Guide walks you through how to evaluate an offer and propose the figure you want.
7. Frequently asked questions
Do I have to sign a separate probation contract?
No. Probation terms can be written into the employment contract, or the two sides can sign a separate probation contract. What matters is that the length, pay and job are stated clearly in writing.
The company says "you haven't passed, let's extend probation by a month". Is that allowed?
Each job allows only one probation period, so extending probation for the same job does not comply with the rules. You can ask for a clear evaluation result and the next steps.
Will my pay be docked if I quit suddenly during probation?
The law allows either side to cancel the probation agreement without notice and without compensation. The days you have already worked must still be paid at the agreed rate.
Is the 85% calculated on gross or net salary?
The law says at least 85% of "the salary for that job". Whether the offer states gross or net depends on what you agree, so ask clearly and request it in writing.
8. Conclusion
Probation is a normal stage, but it does not mean accepting whatever the company says. Just remember four numbers: a maximum of 60 days (for most roles requiring a college degree or higher), pay of at least 85%, only one probation period per job, and no probation for contracts under one month. With these in mind, you can ask the right questions, sign the right offer and start your first job with confidence. Once you start, 7 methods to manage your work effectively will help you get through probation more smoothly.
If you are preparing for your first interviews, the Career Prep module of TalentFlux-AI offers CV tools, AI mock interviews and a cover letter generator so you can practise in advance. Try it free at talentfluxai.com.
This article is for general information only and is not legal advice. Please refer to the original text of the 2019 Labor Code and related decrees when applying it to a specific situation.
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