Understanding employee leave entitlements is crucial for compliant and effective workforce management in Vietnam. The country's labor laws provide a framework for various types of leave, ensuring employees have time off for rest, personal matters, illness, and family events. Navigating these regulations is essential for businesses operating in Vietnam, whether they employ local or foreign workers.
Compliance with Vietnamese leave policies involves understanding minimum requirements for annual leave, recognizing official public holidays, and adhering to rules surrounding sick leave, parental leave, and other specific circumstances. These entitlements are designed to protect employee well-being and are mandated by law.
Annual Vacation Leave
Employees in Vietnam are entitled to a minimum number of paid annual leave days. The standard entitlement is 12 working days per year for employees working in normal conditions. This entitlement increases for certain categories of employees, such as those working in hazardous or heavy-duty conditions, or those who have worked for the same employer for a significant period.
- Standard Entitlement: 12 working days per year.
- Increased Entitlement:
- 14 working days per year for employees working in heavy, hazardous, or dangerous conditions, or in places with harsh living conditions.
- 16 working days per year for employees working in extremely heavy, hazardous, or dangerous conditions, or in places with extremely harsh living conditions.
- Additional Leave: Employees are entitled to 5 extra days of annual leave for every 5 full years of service with the same employer.
- Carry Over: Unused annual leave can typically be carried over to the following year or paid out upon termination of employment, subject to specific regulations and company policy.
Employees can agree with their employer to take annual leave in multiple periods.
Public Holidays
Vietnam observes several public holidays throughout the year. Employees are entitled to take these days off with full pay. If a public holiday falls on a weekly rest day (typically Sunday), employees are entitled to take the following working day off with full pay.
Here are the public holidays typically observed in Vietnam:
| Holiday | Date (2025) | Duration |
|---|---|---|
| New Year's Day | January 1 | 1 day |
| Lunar New Year (Tet) | January 29 - February 2 | 5 days |
| Hung Kings Commemoration Day | April 2 | 1 day |
| Reunification Day | April 30 | 1 day |
| International Labor Day | May 1 | 1 day |
| National Day | September 2-3 | 2 days |
Note: The exact dates for Lunar New Year and Hung Kings Commemoration Day vary each year based on the lunar calendar. The dates provided are for 2025.
Sick Leave
Employees in Vietnam are entitled to paid sick leave, funded by the social insurance fund. The duration of paid sick leave depends on the employee's working conditions and the region they are working in. To be eligible for sick leave benefits, employees typically need to provide a valid medical certificate from a competent health facility.
| Working Conditions / Region | Maximum Paid Sick Leave Days per Year |
|---|---|
| Normal Conditions | 30 days |
| Heavy/Hazardous Conditions | 40 days |
| Extremely Heavy/Hazardous | 50 days |
| Living in Region I or II | +5 days (35, 45, 55 days respectively) |
| Living in Region III or IV | +7 days (37, 47, 57 days respectively) |
- Payment: Sick leave pay is calculated based on the social insurance contribution rate and the employee's salary.
- Requirements: A medical certificate is generally required for sick leave exceeding a certain duration (often one day, though company policies may vary).
Parental Leave
Vietnamese law provides comprehensive entitlements for parental leave, including maternity, paternity, and adoption leave. These benefits are primarily covered by the social insurance fund.
Maternity Leave
- Duration: Female employees are entitled to 6 months of maternity leave before and after childbirth.
- Multiple Births: An additional 1 month of leave is granted for each additional child in case of multiple births.
- Payment: Employees receive maternity benefits from the social insurance fund, typically calculated based on their average monthly salary subject to social insurance contributions.
- Return to Work: Female employees may return to work earlier than the 6-month period if they have taken at least 4 months of leave after childbirth and have the employer's consent, provided a medical certificate confirms their recovery.
Paternity Leave
Male employees whose wives give birth are entitled to paid paternity leave. The duration depends on the type of birth:
- Normal Birth: 5 working days.
- Surgical Birth or Birth of Twins: 7 working days.
- Birth of Triplets or More: 10 working days.
- Birth of Twins or More Requiring Surgery: 14 working days.
Paternity leave must be taken within 30 days from the date of the child's birth.
Adoption Leave
Employees adopting a child under 6 months old are entitled to adoption leave until the child is 6 months old. This leave is also covered by the social insurance fund.
Other Types of Leave
In addition to the main categories, Vietnamese labor law and common practice recognize other types of leave, though entitlements and pay may vary depending on the specific type and company policy.
- Personal Leave: Employees are entitled to paid personal leave for specific events:
- Marriage: 3 days.
- Marriage of child: 1 day.
- Death of parent (biological or in-law), spouse, or child: 3 days.
- Unpaid Leave: Employees may request unpaid leave with the employer's consent.
- Study Leave: Employees may be granted paid or unpaid leave for study or training, depending on the employment contract or collective labor agreement.
- Bereavement Leave: As mentioned under personal leave, specific paid leave is granted for the death of close family members.
Other types of leave, such as sabbatical leave, are not explicitly mandated by law but may be offered by employers as part of their benefits package or agreed upon in individual contracts or collective agreements.
