Unfair Termination in Vietnam (2026): 5 Key Legal Rights
You walk into the office on a Monday morning, expecting a normal workday.
Instead, HR calls you in and says: “Today is your last working day.”
No clear reason. No prior notice. Just… done.
If this happens to you, remember one critical point: Vietnamese Labor Law provides strong protection for employees — including foreign workers. As a legal system grounded in worker protection principles, Vietnam imposes strict conditions and procedures on employers when terminating labor contracts.
When Is a Dismissal Considered Illegal in Vietnam?
You may be facing unlawful termination if one or more of the following red flags apply.
No Legitimate Legal Grounds
Under Article 36.1 of the 2019 Vietnamese Labor Code, an employer cannot terminate a labor contract at will. Termination is only lawful in specific cases, including:
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The employee regularly fails to complete assigned work according to performance criteria stated in the employer’s internal regulations.
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The employee suffers from illness or accident and:
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has undergone 12 consecutive months of treatment for an indefinite-term contract; or
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6 consecutive months for a fixed-term contract of 12–36 months; or
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more than half of the contract term for contracts under 12 months, without recovery of working capacity.
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Termination due to force majeure events such as natural disasters, fire, dangerous epidemics, war, relocation, or downsizing ordered by competent state authorities, after all remedial measures have been exhausted.
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The employee fails to return to work within 15 days after the end of a contract suspension period.
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The employee reaches statutory retirement age.
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The employee abandons work for 5 consecutive working days or more without a legitimate reason.
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The employee provides false information during recruitment, affecting the employer’s hiring decision.
If the employer cannot clearly prove that your case falls into one of the above categories, the termination is likely illegal.
Wrong Procedure – Failure to Give Proper Notice
Pursuant to Article 36.2 of the 2019 Labor Code, even where lawful grounds exist, employers must provide advance notice, typically ranging from 3 to 45 days or more, depending on:
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the type of labor contract, and
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the nature of the work.
Failure to comply with notice requirements constitutes procedural illegality.
Cases Where Termination Is Strictly Prohibited
Even if lawful grounds exist, according to the 2019 Labor Code, an employer may not terminate a labor contract if the employee is:
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Undergoing medical treatment for illness, work-related accident, or occupational disease.
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On annual leave, personal leave, or other approved leave.
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A pregnant female employee, on maternity leave, or raising a child under 12 months old.
Any termination during these protected periods is automatically unlawful.
What Are Your Rights in Case of Illegal Dismissal?
If the employer fails to prove that the termination complies with Vietnamese labor law, the employee is entitled to the following remedies:
Reinstatement under the signed labor contract, plus full payment of:
salary,
social insurance (Also Read: Social Insurance Obligations and Contribution Rates for Vietnamese and Foreign Employees in 2026)
health insurance, and
unemployment insurance
for the entire period during which the employee was not allowed to work.
Compensation of at least two (02) months’ salary under the labor contract.
Payment in lieu of notice, equivalent to salary for the insufficient notice period (if applicable).
If the employee does not wish to return to work, the employer must additionally pay severance allowance.
If the employer refuses reinstatement and the employee agrees, the employer must pay:
all statutory compensation above, plus
an additional negotiated amount, but not less than two (02) months’ salary, to terminate the contract.
The Action Plan – 4 Steps You Must Take Immediately
This is the section you should save.
Keep Calm & Collect Evidence
Do not sign any document you do not fully understand.
Secure copies/screenshots of:
labor contract,
internal regulations,
emails, messages (including WhatsApp, Zalo, Teams, etc.),
termination notice (if any).
Check the Notice Period
Compare the actual notice given with your contract and the law.
If insufficient, the employer may owe salary compensation.
Request a Clear Written Reason
You have the legal right to request a written explanation clearly stating the grounds for termination.
Seek Professional Legal Support
Consult a labor lawyer (as us), or
Contact the local DOHA.
Early legal intervention often determines whether you recover full compensation.
Final Thoughts – Protect Your Employment Rights in Vietnam
Do not let unfamiliarity with local labor laws cost you your lawful benefits.
Vietnamese labor regulations are more employee-protective and strictly enforced than many expats expect.
Pro Tip:
Always keep:
a copy of your labor contract, and
all employment-related communications and internal regulations.
These documents are your first and strongest line of legal protection.
About FarEast Legal
FarEast Legal is a professional and specialized legal consulting firm based in Ho Chi Minh City, Vietnam. We take pride in providing comprehensive legal solutions in the fields of Labor, Corporate, and Commercial law.
- Placing Clients' Interests First
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What sets FarEast Legal apart is our commitment to viewing each client as a long-term companion rather than merely a source of revenue.
Đạt Nguyễn (Tony)
