Can Employees Resign Without Notice in Vietnam?

Oct 13, 2026

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Can Employees Resign Without Notice in Vietnam?

Under the 2019 Labor Code of Vietnam, employees have the right to unilaterally terminate their labor contract. In ordinary cases, however, they must give prior notice to the employer within the statutory notice period. Only in certain special cases may an employee resign immediately without notice and still be considered compliant with the law.

Therefore, whether a resignation without notice is lawful depends on two key questions: whether the employee was required to give notice, and whether the case falls under one of the statutory exceptions.

Table of Contents

1. Employees have the right to unilaterally terminate the labor contract

Under Article 35 of the 2019 Labor Code, an employee has the right to unilaterally terminate their labor contract.

Importantly, the employee does not need the employer’s consent to resign. The employee is also generally not required to provide a reason when terminating the contract under the normal procedure.

However, in most cases, the employee must comply with the statutory notice period. If the employee leaves immediately and does not fall within an exception where notice is not required, the resignation may be considered unlawful.

2. Notice periods for resignation

When an employee unilaterally terminates a labor contract, the employee must notify the employer in advance as follows:

At least 45 days for an indefinite-term labor contract;
At least 30 days for a fixed-term labor contract with a term from 12 months to 36 months;
At least 03 working days for a fixed-term labor contract with a term of less than 12 months.

For certain special sectors, occupations, or positions, different notice periods may apply under specific regulations.

Accordingly, if an employee resigns without complying with the above notice periods, it is necessary to assess whether the employee is legally entitled to resign without notice.

3. When can an employee resign without notice?

Article 35 of the 2019 Labor Code allows an employee to resign immediately without giving prior notice if the employee falls into one of the following cases:

The employee is not assigned to the agreed job, workplace, or working conditions;
The employee is not paid in full or is not paid on time;
The employee is maltreated, beaten, insulted, or subjected to forced labor;
The employee is sexually harassed at the workplace;
A pregnant employee must stop working under a medical instruction;
The employee reaches retirement age;
The employer provides false information that affects the performance of the labor contract.

These cases generally arise from the employer’s failure to properly perform its obligations or from circumstances specifically protected by law. In such cases, resignation without notice is not considered unlawful.

4. When is resignation without notice unlawful?

A resignation without notice is considered unlawful when the employee:

Fails to comply with the required notice period; and
Does not fall into any case where immediate resignation is permitted by law.

In other words, an employee cannot simply leave immediately for personal reasons if the law does not exempt the employee from the notice obligation.

In such a case, the resignation may be treated as an unlawful unilateral termination of the labor contract under the 2019 Labor Code.

5. Consequences of unlawful resignation without notice

If an employee unlawfully terminates the labor contract, Article 40 of the 2019 Labor Code provides several legal consequences.

5.1. No severance allowance

An employee who unlawfully terminates the labor contract is not entitled to severance allowance.

5.2. Compensation equal to half a month’s salary

The employee must compensate the employer an amount equal to half a month’s salary under the labor contract.

5.3. Compensation for the unfulfilled notice period

If the employee fails to give the required notice, the employee must also pay compensation equal to the salary under the labor contract for the days without notice.

For example, if the employee is required to give 30 days’ notice but only gives 10 days’ notice, the employee may have to compensate the employer for the remaining 20 days.

5.4. Possible reimbursement of training costs

If the employer has paid training costs under a vocational training agreement, the employee may also have to reimburse those costs if the resignation is unlawful and the conditions for reimbursement are satisfied.

6. Is an employee who resigns without notice still entitled to salary?

Whether the resignation is lawful or unlawful, the employer must still pay salary for the days the employee has actually worked.

However, if the resignation without notice is unlawful, the employer may have the right to request compensation from the employee under Article 40 of the 2019 Labor Code.

In addition to salary, upon termination of the labor contract, the employer should also settle other lawful entitlements if the employee is eligible, such as unused annual leave payments or other amounts under the labor contract, collective labor agreement, or lawful internal policies.

7. What should employers do when an employee resigns without notice?

When an employee suddenly resigns or leaves without completing the required notice period, the employer should first verify the legal basis before requesting compensation.

Employers should consider the following steps:

Check the type of labor contract to determine the applicable notice period;
Assess whether the employee falls into any case where resignation without notice is permitted;
Review salary payment records, job assignment, working conditions, and any related complaints;
Keep records of resignation letters, emails, messages, timekeeping records, payroll documents, and handover documents;
Check whether there is any vocational training agreement;
Settle outstanding payments in accordance with the law;
Request compensation only when there is a clear legal and factual basis.

A rushed response may increase the risk of dispute, especially if the resignation is connected to an alleged breach by the employer.

FAQs

1. Can an employee be fined for resigning without notice?

There is no rule allowing an employer to “fine” an employee simply for resigning without notice. However, if the resignation is unlawful, the employee may have to compensate the employer under Article 40 of the 2019 Labor Code.

2. Can an employee who resigns without notice still have social insurance procedures completed?

Yes. The employer remains responsible for cooperating in completing procedures to confirm the employee’s social insurance contribution period and returning relevant documents in accordance with the law. An unlawful resignation is not a lawful reason for the employer to withhold these obligations.

3. Is resignation by email valid?

An email may be considered a resignation notice if it clearly shows the employee’s intention to terminate the labor contract, the proposed resignation date, and there is evidence of the sending time and recipient. However, to avoid disputes, employees should also follow the employer’s internal procedure, provided that such procedure is not contrary to the law.

4. Can the employer withhold salary if the employee leaves without notice?

The employer should not unlawfully withhold salary. Salary for the days already worked must still be paid. If the employer has grounds to claim compensation, it should handle the matter in accordance with the law and based on proper supporting documents.

Legal basis

Article 35 of the 2019 Labor Code on the employee’s right to unilaterally terminate the labor contract;
Article 39 of the 2019 Labor Code on unlawful unilateral termination of labor contracts;
Article 40 of the 2019 Labor Code on the employee’s obligations in case of unlawful unilateral termination.

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