Dismissal is the most severe form of labor disciplinary action and may only be imposed in circumstances expressly prescribed by law. Failure by an employer to comply with the statutory procedures and formalities may result in the dismissal decision being declared invalid, requiring the employer to reinstate the employee and compensate for any damages incurred. Below is an overview of the procedures for imposing the disciplinary measure of dismissal in accordance with the Labor Code 2019 and its guiding regulations.

1. Cases where dismissal may be applied

Pursuant to Article 125 of the Labor Code 2019, an employer may only impose the disciplinary measure of dismissal in the following circumstances:

– The employee commits theft, embezzlement, gambling, intentional assault, or uses illegal drugs at the workplace.

– The employee discloses business secrets or technological secrets; infringes intellectual property rights; causes serious damage or threatens to cause exceptionally serious damage to the employer’s assets or legitimate interests; or commits workplace sexual harassment as prescribed in the employer’s internal labor regulations.

– The employee repeats a violation during the period in which the previous disciplinary record has not yet been expunged after having been disciplined by way of deferred salary increase or demotion.

– The employee is absent from work without a legitimate reason for an accumulated period of 05 working days within 30 days or 20 working days within 365 days.

The imposition of labor disciplinary measures must also comply with the principles set out in Article 122 of the Labor Code 2019 and Article 70 of Decree No. 145/2020/ND-CP.

2. Authority to handle disciplinary matters

Pursuant to Clause 3, Article 18 of the Labor Code 2019 and Article 69 of Decree No. 145/2020/ND-CP, the persons authorized to impose labor disciplinary measures include:

– The person representing the employer who has the authority to enter into labor contracts on behalf of the employer; or

– A person lawfully authorized by the employer to enter into labor contracts within the scope of such delegated authority.

The authorized person is also responsible for issuing the dismissal decision upon completion of all statutory procedures.

3. Notes on procedures

Step 1. Verification of the employee’s violation

– Responsible party: Employer.

– Actions to be taken:

+ Collecting documents and evidence establishing the employee’s fault;

+ Determining whether the violation falls within the statutory grounds for dismissal;

+ Verifying the applicable statute of limitations for imposing labor disciplinary measures in accordance with Article 123 of the Labor Code 2019.

– Time limit: Within the statutory limitation period for imposing labor disciplinary measures (06 months, or 12 months for violations directly related to finance, assets, business secrets, or technological secrets).

Step 2. Notice of the disciplinary meeting

– Responsible party: Employer.

– Actions to be taken: Issuing a written notice specifying the agenda, time, and venue of the disciplinary meeting to the participants required under Clause 2, Article 70 of Decree No. 145/2020/ND-CP, including:

+ The employee;

+ The employee representative organization at the grassroots level of which the employee is a member (if any);

+ The legal representative of an employee under 15 years of age (if any).

– Time limit: The notice must be delivered at least 05 working days prior to the scheduled meeting.

Step 3. Conducting the labor disciplinary meeting

– Responsible party: Employer.

– Actions to be taken:

+ Conducting the disciplinary meeting with all required participants;

+ Ensuring that the employee is given an opportunity to present a defense personally or be represented by a lawyer or an employee representative organization;

+ Preparing minutes of the meeting, which must be signed by all attendees in accordance with Article 70 of Decree No. 145/2020/ND-CP.

– Time limit: On the date and at the time specified in the meeting notice.

Step 4. Issuance of the dismissal decision

– Responsible party: Authorized disciplinary decision-maker.

– Actions to be taken:

+ Issuing a written dismissal decision based on the outcome of the disciplinary meeting;

+ Delivering the dismissal decision to the employee and other relevant parties.

– Time limit: Within the statutory limitation period prescribed in Article 123 of the Labor Code 2019.

4. Required dossiers

A dismissal disciplinary dossier typically includes:

Documents	Legal Status
Minutes recording the employee’s violation or documents evidencing the violation	Original
Evidence establishing the employee’s fault (e.g. photographs, emails, CCTV recordings, documentary evidence, etc.)	Original or certified true copy
Lawfully issued Internal Labor Regulations	Copy
Notice of the disciplinary meeting and proof of service	Original or copy
Minutes of the labor disciplinary meeting	Original
Written dismissal decision	Original
Labor contract and other relevant documents	Copy

5. Outcome of the procedure

The outcome of this procedure is a lawfully issued and legally effective dismissal decision. Upon the effectiveness of such decision, the employer shall terminate the labor contract, settle all outstanding entitlements of the employee in accordance with Article 48 of the Labor Code 2019, and complete the procedures for certifying and returning all relevant documents as required by law.

>> 2026 UPDATE: INTERNAL LABOR REGULATIONS REGISTRATION PROCEDURE — RECEIVING AUTHORITY HAS CHANGED https://linconlaw.vn/2026-update-internal-labor-regulations-registration-procedure-receiving-authority-has-changed/

>> IMPORTANT ISSUES UPON DISMISSAL OF EMPLOYEES FOR JOB ABANDONMENT https://linconlaw.vn/important-issues-upon-dismissal-of-employees-for-job-abandonment/