{"id":1420,"date":"2026-05-11T21:42:01","date_gmt":"2026-05-11T12:42:01","guid":{"rendered":"https:\/\/est.haro-inc.com\/?p=1420"},"modified":"2026-05-11T21:42:04","modified_gmt":"2026-05-11T12:42:04","slug":"vietnam-dismissal-discipline-guide","status":"publish","type":"post","link":"https:\/\/est.haro-inc.com\/en\/labor-law-contract-en\/vietnam-dismissal-discipline-guide\/","title":{"rendered":"Vietnam Labor Compliance \u2014 Dismissal and Disciplinary Procedures and Employee Protection"},"content":{"rendered":"\n

Vietnamese labor law places strong emphasis on employee protection, and disciplinary measures and dismissal in particular are governed by strict statutory procedures. Companies bear the responsibility of fully complying with the procedures set out in the Labor Code<\/strong><\/span>, and a clear understanding that disciplinary action and dismissal are not matters of employer discretion but rather a framework rooted in the protection of employee rights is essential.<\/p>\n\n\n\n

This article provides a comprehensive explanation, based on Labor Code No. 45\/2019\/QH14 and Decree 145\/2020\/ND-CP, of the four disciplinary actions, the limited scope of dismissal grounds, the disciplinary meeting procedure that guarantees due process, the statute of limitations, periods when employees are legally protected, and the rights employees may exercise. It also highlights common misunderstandings arising from differences between Japanese and Vietnamese practice, with the aim of supporting labor compliance from both the employee protection and corporate risk management perspectives<\/span>.<\/p>\n\n\n\n

Four Disciplinary Actions under the Labor Code (Article 124)<\/h2>\n\n\n\n

Article 124 of the Vietnam Labor Code provides for the following four disciplinary actions only. Measures outside this list, such as monetary fines or salary deductions imposed as discipline, are expressly prohibited by Article 127<\/strong><\/span>, and this prohibition is in place to protect employees’ economic livelihood.<\/p>\n\n\n\n

Action<\/th>Overview<\/th>Compliance Points<\/th><\/tr><\/thead>
1. Reprimand<\/td>Written warning<\/td>The lightest measure; most commonly applied<\/td><\/tr>
2. Deferral of salary increase<\/td>Up to 6 months<\/td>Applies only where regular salary increases are scheduled<\/td><\/tr>
3. Demotion<\/td>Transfer to a lower position<\/td>Must be specifically defined as grounds in the work rules<\/td><\/tr>
4. Dismissal<\/td>Termination of the labor contract<\/td>Applicable only to the grounds exhaustively listed in Article 125<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Each ground for discipline must be specifically defined in the internal work rules (Noi quy lao dong). Disciplining an employee on grounds not stipulated in the work rules constitutes an administrative violation in itself, and the employee is entitled to challenge it.<\/p>\n\n\n\n

Grounds for Dismissal Are Limited to Four (Article 125)<\/h2>\n\n\n\n

Dismissal is the most severe disciplinary action, with the greatest impact on an employee’s livelihood. For this reason, the grounds on which dismissal may be applied are exhaustively limited by Article 125 to the four cases below<\/span>. Any disciplinary dismissal outside these grounds is invalid, and the employee is entitled to seek reinstatement and compensation.<\/p>\n\n\n\n

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  1. Theft, embezzlement, gambling, intentional injury, or drug use at the workplace<\/li>\n\n\n\n
  2. Disclosure of trade or technology secrets, infringement of intellectual property rights, causing serious damage or threatening especially serious damage to the employer’s property or interests, or sexual harassment in the workplace as defined in the work rules (added in the 2019 Labor Code)<\/li>\n\n\n\n
  3. Repeat violation during a disciplinary period (e.g., committing a further violation while a deferral of salary increase is still in effect)<\/li>\n\n\n\n
  4. Unauthorized absence of 5 days in a 30-day period, or 20 days in a 365-day period (excluding cases with legitimate reasons)<\/li>\n<\/ol>\n\n\n\n
    \n

    Compliance Point<\/strong>
    “Serious damage” and “especially serious damage” must be specifically defined in the work rules with concrete monetary thresholds or scope. Vague provisions such as “causing major damage to the company” do not satisfy the requirements for grounds of dismissal, and an employee dismissed on such grounds may exercise the right to challenge it.<\/p>\n<\/div><\/div>\n\n\n\n

    Disciplinary Meeting Procedure as a Guarantee of Due Process<\/h2>\n\n\n\n

    Article 122 of the Labor Code and Article 70 of Decree 145\/2020\/ND-CP set out a detailed disciplinary meeting procedure to guarantee the employee’s right to defend themselves<\/strong><\/span>. These procedures function as procedural safeguards for employees, and failure to observe them renders the disciplinary action procedurally invalid.<\/p>\n\n\n\n

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    Steps of the Disciplinary Meeting<\/h3>\n\n\n\n
      \n
    1. Notice<\/strong>: Notify the employee, the employee representative organization, and other relevant parties at least 5 working days<\/strong> before the meeting<\/li>\n\n\n\n
    2. Required attendees<\/strong>: Employer, employee (and a representative if the employee is under 15), employee representative organization<\/li>\n\n\n\n
    3. Right to defend<\/strong>: The employee may make statements and attend with a lawyer<\/li>\n\n\n\n
    4. Minutes<\/strong>: A written record must be prepared and signed by all attendees<\/li>\n\n\n\n
    5. If the employee does not attend<\/strong>: After three valid notices have been given, the meeting may be held in absentia<\/li>\n<\/ol>\n<\/div><\/div>\n\n\n\n

      The decision on the disciplinary action must be issued in writing within the statute of limitations and delivered to the employee and the relevant parties. Oral notice or notification by chat or email alone does not satisfy the procedural requirements.<\/p>\n\n\n\n

      Statute of Limitations and Periods When Employees Are Protected<\/h2>\n\n\n\n

      Statute of Limitations on Disciplinary Action (Article 123)<\/h3>\n\n\n\n