Legal Value of the Job Offer Letter

Jun 20, 2025

Blog, HR Insights, Payroll & Compliance

Legal Value of the Job Offer Letter – Detailed Analysis & Guidance

A job offer letter is an early but important step in the hiring process. It shows the employer’s intent to hire. Many candidates often mistake it for a probation contract, which can lead to legal and personal risks. This article explains its legal value, employer obligations, and how candidates can protect their rights.

Table of Contents

What is a Job Offer Letter? Differentiating from a Probation Contract

A job offer letter is typically sent via email, stating the job position, salary, start date, basic working conditions, and benefits. Many candidates mistakenly believe the offer letter is a probation contract, leading them to reject other opportunities or resign from their current jobs.

Legally, a job offer letter and a probation contract are two distinct documents:

A probation contract is a formal agreement between the employer and employee, including all necessary information about the job, salary, probation period, and rights and obligations, governed by the 2019 Labor Code.
A job offer letter is merely a unilateral proposal from the employer, not yet confirmed by the candidate, and does not constitute a binding contract.

Vietnam’s labor laws do not directly regulate job offer letters. However, under the 2015 Civil Code, a job offer can be seen as a proposal to form a contract. Once the employer issues a job offer letter, they typically assume a binding obligation to honor the offer within the specified response period.

If the candidate accepts the offer within this period, the employer cannot unilaterally withdraw the offer, unless the right to withdraw is clearly stated in the letter and the candidate receives the withdrawal notice before accepting. In practice, however, it is extremely difficult for candidates to prove actual damages and legal violations if the employer withdraws the offer, because:

There are no specific legal provisions or sanctions for this situation.
The candidate must prove actual damages, causation, unlawful conduct, and employer fault – which is nearly impossible in reality.

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Employer’s Responsibility When Withdrawing a Job Offer

Current regulations rarely hold employers legally responsible for withdrawing a job offer—even if the candidate accepts and declines other opportunities. They are only liable if they contract with someone else during the waiting period and cause actual, provable damage, which is rare.

However, employers may face reputational risks if candidates share negative experiences on social media or public platforms.

What Should Candidates Do to Protect Their Rights?

Research the employer and recruitment process thoroughly before resigning or rejecting other opportunities.
Request a formal probation or employment contract before leaving your current job or committing to the new one.
Clearly communicate with the employer about all terms, rights, and obligations before accepting the offer.
Keep all emails and correspondence with the employer as evidence in case of disputes.

Conclusion

A job offer letter is not legally equivalent to a probation or employment contract. Candidates should stay informed and proactive to protect themselves during the hiring process. For detailed legal advice on recruitment, contracts, or HR solutions, contact NetViet – your trusted HR partner.

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