After Military Service, Must the Company Reinstate the Employee in Vietnam?

Short answer: Yes. An employee performing military service falls under suspension of the labor contract; upon expiry of the suspension period (completion of military service), the employer must reinstate the employee in their former job. The period of military service is counted as the employee’s working time. If the former job no longer exists, another suitable job must be arranged. Basis: Articles 30 and 31 of the Labor Code 2019 and the Law on Military Service.

Legal basis

• Labor Code 2019 — Article 30 (suspension of labor contracts), Article 31 (reinstatement of employees upon expiry of suspension);
• Law on Military Service 2015 (as amended) — obligations and benefits of discharged non-commissioned officers and soldiers;
• Decree 145/2020/ND-CP guiding implementation of the Labor Code 2019.

Military service: suspension, not termination of the contract

When an employee performs military service, the labor contract is suspended — the labor relationship continues to exist, with only the main rights and obligations (work, salary payment) temporarily paused during active service. The employer may not unilaterally terminate the labor contract on the ground that the employee is performing military service.

During the suspension period, the employee does not receive salary from the enterprise but enjoys the regimes and policies applicable to non-commissioned officers and soldiers under the law on military service.

After military service: the enterprise must reinstate employment

• Within 15 days from the date the suspension expires, the employee must report to the workplace and the employer must reinstate the employee;
• Where the employer is late in reinstating, it must pay salary for the delayed days;
• If the former job no longer exists, another suitable job must be arranged with salary not lower than before the suspension;
• The period of military service is counted as working time for calculating benefits (seniority, severance allowance, etc.).

What if the enterprise refuses to reinstate?

Refusing to reinstate an employee who has completed military service is a violation of labor law. The employee has the right to:

• Complain to the state management agency on labor (the Department of Home Affairs — the agency receiving the state management function on labor after the 2025 apparatus reorganization);
• Request mediation or file a lawsuit at the Court to compel reinstatement and claim damages;
• An employer in violation may be subject to administrative penalties in the labor sector.

Frequently asked questions

After 2 years of military service, is seniority preserved?

Yes. The period of active service is counted as continuous working time, serving as the basis for calculating seniority, salary step consideration and other benefits under regulations and the collective labor agreement.

What if on probation when called for military service?

The probation contract is also suspended; after active service ends, the employee continues with the remaining probation period (unless otherwise agreed).

What if the enterprise dissolves while the employee is in service?

The employee’s benefits are settled as in cases of contract termination due to the enterprise ceasing operations: job-loss allowance (if eligible), social insurance book finalization and other benefits as prescribed.

Notes on applying current legislation

After the 2025 state apparatus reorganization, the state management function on labor (formerly of the Department of Labor, Invalids and Social Affairs) has been transferred to the Home Affairs sector; when complaining, employees should contact the currently competent local authority. Contact ANT Legal lawyers at 0966.475.966 for advice and complaint support.

Common risks to note

• The enterprise unilaterally terminating the contract on the ground of military service;
• Not reinstating employment or arranging a job with lower salary;
• Not counting active service time in seniority and allowances;
• The employee not reporting back within 15 days after discharge.

How can ANT Legal help?

ANT Legal advises on the rights of employees performing military service; supports complaints and lawsuits when the enterprise refuses to reinstate; advises enterprises on properly conducting suspension and reinstatement procedures. For prompt advice, please contact our lawyers at 0966.475.966.

Related articles

• 7 things to do immediately after establishing an enterprise or company in Vietnam
• Notes after changing the company name
• Company and enterprise establishment services nationwide in Vietnam
• Dossier and procedures for establishing a single-member LLC in Vietnam
• Who is entitled to establish companies/enterprises in Vietnam?