Clause 1, Article 48 of the 2019 Labor Code stipulates responsibilities when terminating labor contracts as follows:
Responsibilities when terminating labor contracts
1. Within 14 working days from the date of termination of the labor contract, both parties are responsible for fully paying the amounts related to each party's rights, except in the following cases that may last but not exceed 30 days:
a) The employer is not an individual who has terminated the operation;
b) Employers changing the structure, technology or for economic reasons;
c) division, separation, consolidation, merger; sale, lease, conversion of business types; transfer of ownership rights, right to use assets of enterprises and cooperatives;
d) Due to natural disasters, fires, enemy disasters or dangerous epidemics.
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Thus, a maximum of 14 days from the date of termination of the labor contract will the employee receive severance pay. In some special cases, employees may have to wait up to 30 days to receive severance pay.
According to Article 46 of the Labor Code, employees who quit their jobs will receive severance pay when they meet the following conditions:
- Having worked for 12 months or more;
- Cancel labor contracts in the following cases:
+ Expiry of labor contract, except in cases where the signed labor contract must be extended until the end of the term for employees who are members of the leadership of the employee representative organization at the facility where the labor contract is in effect and has expired.
+ Having completed the work according to the labor contract.
+ The two sides agreed to terminate the labor contract.
+ Employees sentenced to prison but not eligible for a suspended sentence or not eligible for release as prescribed in Clause 5, Article 328 of the 2015 Penal Code, shall be subject to death or banned from doing work stated in the labor contract according to a judgment or decision of the Court that has come into legal effect.
+ The employee died; was declared by the Court to be incapable of civil acts, missing or had died.
+ The employer is an individual who died; was declared by the Court to be incapable of civil acts, missing or deceased. Employers who are not individuals or have been notified by a professional agency on business registration under the Provincial People's Committee that they do not have a legal representative or a person authorized to exercise the rights and obligations of the representative under law.
+ Employees unilaterally terminate labor contracts according to the provisions of Article 35 of the 2019 Labor Code
+ The employer unilaterally terminates the labor contract according to the provisions of Article 36 of the 2019 Labor Code.
