Comprehensive Guide To Employee Leave Rights In Vietnam

Vietnam’s leave law differs from other Asian markets in several key areas. This guide covers the main requirements for all leave types under Vietnamese labor law. HR professionals and business leaders will find practical guidance for building compliant leave policies and procedures that meet current legal standards.

Standard annual leave requirements

A comprehensive leave policy for employees must address the mandatory minimum annual leave entitlements established by Labor Code 2019. These requirements vary based on working conditions and employee categories, forming the foundation of leave management for all enterprises operating in Vietnam.

Standard annual leave allocations are structured as follows:

• Employees in standard working conditions receive 12 working days of paid annual leave
• Workers under 18 years old, employees with disabilities, and those in hazardous work environments qualify for 14 working days
• Personnel working in severely hazardous or dangerous conditions are entitled to 16 working days

Service tenure affects leave allocation through a progressive system. Employees earn one additional leave day for every five years of continuous service with the same employer. For employment periods under 12 months, leave entitlement is calculated proportionally based on actual working time.

Public holiday structure and compensation

Vietnam’s official public holiday schedule, as defined by Article 112 of the Labor Code 2019, guarantees 11 paid holidays annually. The 2024 public holiday calendar includes:

• New Year’s Day: January 1 (1 day)
• Lunar New Year (Tet Holiday): February 2024 (5 consecutive days)
• Hung Kings Commemoration Day: April 18, 2024 (1 day)
• Reunification Day: April 30 (1 day)
• International Labor Day: May 1 (1 day)
• National Independence Days: September 2-3 (2 days)

Foreign employees receive additional consideration for their cultural observances. They are entitled to one day off for their home country’s traditional New Year celebration and one day for their National Day, expanding their total holiday allocation beyond the standard Vietnamese calendar.

Employers must provide alternative paid days off when public holidays coincide with weekly rest days. If business operations require employees to work during public holidays, companies must compensate workers with at least 300% of their regular daily wage for each holiday worked.

Maternity and family-related leave

Article 113 of the Labor Code 2019 establishes comprehensive provisions for maternity and family-related leave, ensuring protection for working parents. These regulations specify mandatory periods and conditions for leave eligibility.

Maternity leave entitlements

Female employees are entitled to:

• Six months of paid maternity leave with social insurance benefits
• Pre-birth leave of up to two months from the total six-month allocation
• Mandatory minimum of four months post-birth leave
• Additional 30 days of leave for each child in cases of multiple births

Social insurance covers 100% of the employee’s average monthly salary (calculated over six months) during the maternity leave period. This coverage applies to employees who have contributed to social insurance for at least six months within the 12 months before taking leave.

Paternity leave

Male employees receive paid paternity leave under the following conditions:

• Five working days for normal delivery
• Seven working days for cesarean section delivery
• Ten to 14 working days for multiple births
• Leave must be taken within 30 days from the date of birth

Personal leave categories

The Labor Code establishes multiple types of leave for employee circumstances, including both paid and unpaid categories. These provisions accommodate important life events while maintaining clear procedural requirements for both employers and workers.

Paid personal leave

Employees are entitled to paid leave for significant family events:

• Marriage: Three working days
• Child’s marriage: One working day
• Death of parent (including parent-in-law), spouse, or child: Three working days

During these periods, employees receive their regular salary and maintain all employment benefits.

Unpaid personal leave

Employees may take unpaid leave with proper employer notification for:

• Death of grandparent or sibling: One working day
• Marriage of sibling: One working day
• Other personal matters: Subject to employer approval

Employers must establish clear procedures for leave requests and maintain documentation of approved leaves. While employers cannot unreasonably deny legitimate leave requests, employees must provide appropriate notice and documentation supporting their leave requirements.

Time recognition for leave calculation

Article 65 of Decree 145/2020/NĐ-CP establishes comprehensive guidelines for periods that count toward leave entitlement calculations. The decree recognizes vocational training and probationary employment as qualifying periods, ensuring employees maintain their leave accrual during these times.

Additionally, the law protects employees during medical situations by including recovery periods in leave calculations. This encompasses medical leave up to two months annually and work-related injury recovery for up to six months. Maternity leave periods are fully recognized, supporting workforce stability during family transitions.

The decree also acknowledges short-term unpaid leave, allowing up to one month annually to count toward leave calculations. This provision offers flexibility while maintaining employee benefits.

Special circumstances and adjustments

Vietnamese labor law addresses various employment scenarios through specific calculation methods and compensation requirements. For partial month calculations, employment periods count as full months when the combined total of working days and approved leave reaches 50% or more of standard working days in that month.

Employees working less than 12 months receive proportional leave based on their actual employment duration. This pro-rata system ensures fair allocation of leave benefits for both short-term and long-term employees.

Payment provisions for leave include:

• Advance payment for annual leave at full regular salary
• Triple compensation (300%) for holiday work
• Settlement of unused leave within seven days of employment termination

Compliance requirements for employers

Organizations must maintain a detailed employee leave policy that documents the complete leave cycle. This includes preserving leave requests, approvals, and supporting documentation for special categories. The system should track individual leave balances and usage patterns while ensuring data accuracy for compliance purposes.

Companies need to implement clear, efficient processes for handling leave requests and approvals. This involves establishing standard timeframes for request processing and creating transparent approval hierarchies. The system should facilitate prompt communication between employees and supervisors while maintaining proper documentation.

A compliant leave management approach requires integration with other HR functions. The system must connect seamlessly with payroll processes to ensure accurate leave payments and proper handling of various leave types. Time-tracking mechanisms should provide reliable data for leave calculations while supporting accurate record-keeping.

Regular audits of these systems help maintain compliance and identify areas for improvement. Companies should review their leave management procedures periodically to ensure they meet current regulatory requirements and business needs.