Question

I am an expat working at a foreign invested company in Da nang, Vietnam. Due to some personal reasons, I want to terminate my labor contract with the current employer ? Law office in Danang, Vietnam advise about an employee can unilaterally terminate a labour contract  in Vietnam ? 

Answer

Unilateral Termination of a labor contract in Vietnam  ?

The right of employees to unilaterally terminate labor contracts:

An employee working under a definite-term labor contract in Vietnam, a seasonal labor contract or performing a certain job of under 12 months may unilaterally terminate the labor contract prior to its expiry in the following cases:

He/ she is not assigned to the job or workplace or is not given the working conditions as agreed in the labor contract;

He/ she is not paid in full or on time as agreed in the labor contract;

He/ she is maltreated, sexually harassed or is subject to forced labor;

He/ she is unable to continue performing the labor contract due to personal or family difficulties;

He/ she is elected to perform a full-time duty in a people-elected office or is appointed to hold a position in the state apparatus;

A female employee who is pregnant and must take leave as prescribed by a competent health establishment;

If he/ she is sick or has an accident and remains unable to work after having received treatment for 90 consecutive days, in case he/she works under a definite-term labor contract, or for a quarter of the contract’s term, in case he/she works under a labor contract for a seasonal job or a specific job of under 12 months (Clause 1, Article 37 The Labour Code No. 10/2012/QH13 dated June 18, 2012).

Notice period when an employee unilaterally terminates a labor contract:

When unilaterally terminating the labor contract under Clause 1 of this Article, the employee shall inform such to the employer:

At least 3 working days in advance, in the case specified at Point a, b, c or g Clause 1 of this Article;

At least 30 days in advance for a definite-term labor contract; at least 3 working days for a seasonal or work-specific labor or a specific job of under 12 months in the case specified at Point d or e Clause 1 of this Article;

In the case specified at Point f Clause 1 of this Article, a prior notice should be given to the employer in accordance with Article 156 of this Code.

An employee working under an indefinite-term labor contract may unilaterally terminate the labor contract provided that he/ she informs such to the employer at least 45 days in advance, except the case specified in Article 156 of this Code (Clause 2 and 3, Article 37 The Labour Code No. 10/2012/QH13 dated June 18, 2012)./.

Contact us:

Phone: 0914 165 703

Email: dmslawfirm@gmail.com 

DMS Law firm in Vietnam
Director
(Signed)
Lawyer Do Minh Son