Termination of Employment Contracts Unilaterally Because of False Resume Information

Termination of Employment Contracts Unilaterally Because of False Resume Information

In the rapidly evolving landscape of employment law, Vietnam is set to introduce a new non-consent based justification for personal data processing to reasonably protect an organization's legitimate interests from January 1, 2026. This development comes in response to the increasing need for employers to verify the authenticity of candidates' CVs, a necessity that has been highlighted by a recent legal precedent.

The case in question, a labor dispute that occurred in September 2023 between a defendant local company and a former employee, addressed two significant legal issues for employers: the right to terminate a labor contract unilaterally due to false information, and the lawful basis for verifying employees' CV information under privacy law. The court, in its ruling, upheld the defendant's arguments and rejected the employee's claims.

The relevant information in this case was treated as falling within the scope of Article 16.2 of the Labour Code, which requires employees to provide truthful information about various matters, including educational background and professional skill level. The court's decision underscores the importance of honesty during the recruitment process and sets a precedent for future cases.

Employers in Vietnam can lawfully verify false information in a candidate's CV through appropriate background checks and reference verifications, provided they respect legal and privacy requirements during the recruitment process. If false information is discovered after hiring, under Vietnamese labor law, unilateral termination of the labor contract may be valid if the contract or labor law stipulates it as a just cause for termination, especially after January 1, 2026, when new labor regulations may apply.

To ensure compliance, employers should conduct pre-employment screening tailored to job roles without relying solely on CVs and interviews. This may include verifying education, work history, and references, ensuring compliance with legal and privacy rules applicable in Vietnam. It is also advisable for employers to consider obtaining candidates' consent to verification of CV information with former employers, or seek alternative lawful bases for data processing, or different approaches to verification, to avoid legal claims.

Recent developments in Vietnam's labor law suggest that employers will have stronger support in enforcing truthfulness during the recruitment process. The 10th session of the 14th National Assembly, initiated in mid-2025, is focusing on socioeconomic development orientations for the next year, which may include further clarification on the grounds for lawful unilateral termination upon misconduct such as providing false information.

However, precise provisions should be confirmed with the updated labor code or legal counsel, as recent law updates indicate ongoing reforms affecting labor contracts and employer-employee rights. The Supreme People's Procuracy, for instance, issued a guideline covering the supervision of individual labor dispute settlement, including specific guidelines on unilateral termination of labor contract disputes, in November.

In conclusion, lawful verification involves careful, legal pre-hire screening with respect for privacy, and the legal framework from 2026 onwards supports termination if false CV information materially breaches contractual trust or obligations. For exact legal procedures and termination rights effective after January 1, 2026, consulting the latest Vietnamese labor legislation or legal experts is recommended.

[1] Compliance with legal and privacy rules applicable in Vietnam can be found in resources such as the Personal Information Protection Law (No. 25/2019/QH14) and the Labour Code (No. 72/2019/QH14).

[5] Recent law updates from mid-2025 can be found in resources such as the Decree No. 15/2025/ND-CP on Labour Contracts and Decree No. 16/2025/ND-CP on Labour Inspection.

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