Are foreign workers eligible for probation in Vietnam?

Based on Article 24 of the 2019 Labor Code stipulated as follows:

“Article 24. Probation

1. The employer and employee can agree on the probation content stated in the labor contract or agree on probation by signing a probation contract.

2. The main content of the probationary contract includes the probationary period and the contents specified in Points a, b, c, dd, g and h, Clause 1, Article 21 of this Code.

3. Probation is not applied to employees who sign labor contracts with a term of less than 01 month.”

Accordingly, the employer and employee can agree on the probationary content in the labor contract or sign a probationary contract.

According to the above regulations, probation is not a mandatory period but will be based on the discussion of the parties in the labor relationship.

Consider further Article 2 of the Labor Code 2019 stipulated as follows:

“Article 2. Subjects of application

1. Employees, apprentices, trainees and workers without labor relations.

2. Employer.

3. Foreign workers working in Vietnam.

4. Other agencies, organizations and individuals directly related to labor relations.”

Accordingly, foreign workers working in Vietnam are one of the applicable subjects of the 2019 Labor Code.

Therefore, employers and foreign employees working in Vietnam can agree on probation according to the provisions of law.