Under the 2019 Labour Code, an employee in Vietnam can resign without giving a reason, as long as they give the required written notice: 45 days for an indefinite-term contract, 30 days for a fixed-term contract of twelve to thirty-six months, and three working days for a contract under twelve months. In certain situations, such as unpaid wages, mistreatment or workplace sexual harassment, you can leave immediately without notice. Some sectors have special notice rules.
Resigning the wrong way can cost you severance and expose you to a claim for compensation and training costs. This guide explains the notice rules, the immediate-exit grounds, the consequences of an unlawful resignation, the employer's obligations once you leave, and the extra points a foreign employee should consider. Check the current code and your own contract before you hand in a letter.
The 2019 change: no reason required
Before the 2019 Labour Code took effect in 2021, employees on fixed-term contracts had to have one of a list of reasons to resign early, while those on indefinite-term contracts could leave with notice. The current code simplified this. Any employee can now end the contract on their own initiative by giving the required advance notice, without explaining why. The employer cannot refuse to accept a resignation or insist on a longer notice period than the law and contract allow, though the parties can agree on a different leaving date.
This is a significant protection for employees, and it changes the dynamics of departures in foreign-invested companies. An employer can no longer hold a key person in place by refusing to sign a resignation. What it can do is enforce lawful obligations that survive the resignation: training-cost agreements, confidentiality duties and handover of work and property.
Notice must be given in writing. A message on a chat app may be argued to count, but a signed letter delivered to HR or the person authorised to receive it, with a copy kept and acknowledgement of receipt, removes doubt about when the notice period started. State the date you intend to be your last working day so the calculation is clear to both sides.
Notice periods at a glance
The required notice depends on the contract type. These are the general rules under the 2019 code; some occupations and sectors have different periods set by government regulation.
| Contract type | Minimum written notice | Notes |
|---|---|---|
| Indefinite-term contract | At least 45 days | Most long-serving staff and many managers |
| Fixed-term contract of 12 to 36 months | At least 30 days | Common for foreign employees, whose contracts follow special rules on term |
| Fixed-term contract under 12 months | At least 3 working days | Short contracts and some project roles |
| Special sectors or occupations | As set by government regulation | For example certain roles in aviation, maritime and similar fields; check the current rule |
| Immediate-exit grounds | No notice required | Only in the situations listed in the code |
A contract can give the employee a shorter notice period than the law, but it cannot validly require a longer period than the law provides for the employee's unilateral termination. If your contract says ninety days, check the current rule; the statutory period may override the contract. Counting usually starts the day after the employer receives your notice, so the delivery date is worth recording precisely.
When you can leave without notice
The Labour Code lists situations in which an employee can end the contract immediately. In outline they are:
- The employer does not assign the work, workplace or working conditions agreed in the contract, except for a lawful temporary transfer.
- The employer does not pay wages in full or on time, except where a delay is permitted for force majeure.
- The employer mistreats, beats, verbally or physically abuses the employee, or uses forced labour.
- The employee is sexually harassed at the workplace.
- A pregnant employee has to stop working on the advice of a competent medical facility.
- The employee reaches retirement age, unless the parties agree otherwise.
- The employer gave untrue information when the contract was entered into, and this affected the performance of the contract.
If you rely on one of these grounds, say so in your written notice and keep evidence: salary records, messages, medical documents, witness names. An employer may later argue that the ground did not exist and that your departure was an unlawful resignation, so the burden of showing the facts falls in practice on you.
What you lose by resigning unlawfully
A resignation is unlawful if you leave without the required notice and without one of the immediate-exit grounds, or otherwise in breach of the code's rules on unilateral termination. The consequences are set out in the code. You lose your entitlement to the severance allowance. You must pay the employer compensation equal to half a month's salary, plus an amount equal to your salary for the days of notice you failed to give. If you received training paid for by the employer under a training agreement, you must reimburse the training costs under that agreement.
In practice, employers rarely sue a departing junior employee for these amounts, but they often deduct them from the final settlement or use them as leverage. Deductions from wages are restricted, so an employer that simply withholds your final salary may itself be in breach. The cleaner approach for both sides is an agreed leaving date with a short written agreement.
An unlawful resignation by a senior employee can be more serious, particularly if it disrupts projects or is followed by a move to a competitor. Combined with confidentiality issues, the employer may pursue a claim, and the employee's unlawful departure weakens their position in any related dispute.
A clean resignation in eight steps
Following these steps keeps the departure lawful and the relationship workable:
- Read your contract, appendices, any training agreement and any non-compete or confidentiality agreement before announcing anything.
- Work out the notice period that applies to your contract type and count forward to your intended last day.
- Write a short resignation letter in Vietnamese or bilingually, stating that you are ending the contract, the notice date and your proposed last working day. No reason is required unless you rely on an immediate-exit ground.
- Deliver it to HR or the authorised person and get written acknowledgement of receipt, or send it by a method that proves delivery.
- Agree a handover plan, return company property, devices and documents, and avoid copying confidential information.
- Ask for an itemised final settlement: remaining salary, unused annual leave, any severance due, and deductions with their legal basis.
- Confirm that the employer will finalise your social insurance record and return any original documents it holds.
- Keep copies of everything: the letter, acknowledgement, final statement and handover minutes.
The employer's obligations once you leave
When the contract ends, the employer must settle all amounts owed to the employee within a short statutory period, generally fourteen working days under the 2019 code, which can be extended in limited situations such as closure of the business or restructuring. The settlement covers salary up to the last day, payment for unused annual leave, severance where the employee qualifies, and any other contractual entitlements.
The employer must also complete the procedures to confirm the employee's social insurance and unemployment insurance contribution periods, and return original documents it was holding. The confirmed record matters for Vietnamese employees claiming unemployment benefits and for anyone whose future pension or benefits depend on contribution history. If the employer delays, the employee can raise it with the social insurance agency and the labour authority.
The employer is not generally obliged by law to provide a reference letter, though many do on request. A short factual confirmation of employment dates and position is common practice and can be requested in the resignation letter. Employers should be careful not to use the final settlement as leverage for unrelated demands; withholding lawful entitlements because an employee is joining a competitor is itself a breach.
Extra points for foreign employees
For a foreign employee, resignation often affects more than the job. Work permits and residence documents in Vietnam are tied to a specific employer and position, so ending the employment has consequences for your right to work and stay. Those procedures are handled by the immigration and labour authorities and are outside the scope of this guide, but plan them before you resign rather than after.
Foreign employees are usually on fixed-term contracts, so the thirty-day or three-working-day notice period is more common than the forty-five-day period. Check the term of your current contract and appendix, not the original offer letter. If you are moving to another employer in Vietnam, the timing of the handover, the new employer's paperwork and your own departure date need to line up.
Do not leave Vietnam with the final settlement unresolved if you can avoid it. Settling from abroad is possible through a representative under a power of attorney, but it is slower. Make sure you know how and when your final payment will be made, in which currency and to which account, and that you have copies of your contract, payslips and the final statement in case a dispute arises later.
When you need a Vietnamese lawyer
Most resignations do not need a lawyer. Get advice if you plan to leave immediately on one of the statutory grounds and expect the employer to contest it, if you have a training agreement with a large reimbursement figure, if you are a senior manager with shares, deferred bonuses or a non-compete, or if the employer is threatening to withhold your final settlement.
Employers should involve counsel when a key employee resigns in a way that may be unlawful, when a resignation is linked to a harassment or mistreatment complaint, or when a departing employee appears to be taking confidential information. Handling these cases calmly and lawfully protects the company far better than retaliatory withholding of pay.
A hypothetical example shows why timing advice helps. An accountant on a two-year contract in Can Tho is offered a new job starting in two weeks. Her required notice is thirty days. Rather than walking out, she asks her employer for an agreed early release in exchange for a thorough handover and a few evenings of remote support. The employer agrees in a one-page memo, she keeps her severance entitlement, and neither side has a claim against the other.
Bring your contract, the resignation letter, any training or confidentiality agreement and your own timeline. Check the current notice periods and settlement deadlines with the labour authority or a licensed lawyer, particularly if your sector has special rules.
Frequently asked questions
Can my employer refuse to accept my resignation in Vietnam?
No. Under the 2019 Labour Code you may end the contract unilaterally by giving the required written notice, without a reason. The employer cannot block the resignation, though it can enforce lawful obligations such as handover, confidentiality and reimbursement of training costs under a valid training agreement.
Do I need to give a reason when I resign?
Not if you give the full notice period. A reason is only needed when you want to leave immediately, without notice, on one of the grounds the code lists, such as unpaid wages or workplace sexual harassment. In that case state the ground in writing and keep supporting evidence.
Can I use my annual leave to cover the notice period?
Only if the employer agrees. Annual leave is scheduled by the employer after consulting the employee. Many employers allow it during notice, but if they do not, unused leave days are paid out in the final settlement instead.
Is a resignation by email valid?
Email can serve as written notice if it clearly states your intention and reaches the right person, but disputes over receipt are common. A signed letter delivered to HR with acknowledgement, or an email followed by a signed copy, is safer and fixes the start of the notice period.
Can my employer deduct notice compensation from my final salary?
Deductions from wages are restricted by the Labour Code. If you resigned unlawfully, the employer has a claim for compensation, but simply withholding wages may not be lawful. The parties can agree on a set-off in writing; otherwise the employer would need to claim the amount.
Do I get severance if I resign?
If you resign lawfully and have worked regularly for at least twelve months, you are generally entitled to the severance allowance for service not covered by unemployment insurance. Foreign employees, who have usually not been covered by unemployment insurance, typically have the full period counted.
