laws2

Vietnam Leave Laws

laws

Holidays

  • Employees are entitled to fully paid days off on the following public and New Year holidays.
    • Gregorian Calendar New Year Holiday – the first day of January of the Gregorian calendar
    • Lunar New Year Holidays – (including 1 or 2 days at the end of the previous year, and this arrangement shall be decided by the employers)
    • Victory Day – the thirtieth day of April of the Gregorian calendar
    • International Labour Day – the first day of May of the Gregorian calendar
    • National Day – the second day of September of the Gregorian calendar
    • Commemorative Celebration of Vietnam’s Forefather – King Hung – the tenth day of March of the Lunar calendar
    • War-invalids and Martyrs Day – the twenty-seventh of July of the Gregorian calendar

    Foreign employees in Vietnam are entitled to one traditional public holiday and one National Day of their country, in addition to the public holidays.

Accruals

PTO (Paid Time Off)

  • Vacation/Annual Paid Leave

Employees who have worked for the employer for at least 12 consecutive months per year are entitled to fully paid annual leave. 

  • 12 working days for employees who work in regular working conditions
  • 14 working days for employees who work in heavy or hazardous working conditions, or who work under exposure to toxic substances, or for minor employees and disabled employees
  • 16 working days for employees who are subject to extremely heavy or hazardous work or who work under exposure to toxic substances.

The employees who have been working less than 12 months in one year are entitled to have paid annual leave in line with the ratio of working months that they have performed.

Employees are entitled to one additional day of annual leave for every 60 months of service for the same employer.

  • Rollovers and payout of unused hours
  • Use-it-or-lose-it policy

It is decided by the employer.

  • PTO payout at the termination 

Employees who, due to employment termination, redundancy, have not taken or not entirely taken up their annual leave are entitled to be paid for the untaken leave days by the employer.

Maternity Leave, Child Raising Leave, Parental Leave

Maternity Leave and Adoption 

Female employees are entitled to up to 6 months of fully paid maternity leave. If a female employee has more than one child, she is also entitled to an extra 30 days for each additional child.

In addition to this, pregnant employees are also entitled to days off while they still work:

  • 1 – 3 months of pregnancy – 20 days off
  • 3 – 6 months of pregnancy – 40 days off
  • Pregnancy over 6 months – 50 days off

In the case of a miscarriage or termination of pregnancy, women are granted leave as well.

After giving birth or adopting a child under four months old, female employees are entitled to a lump-sum allowance equivalent to two month’s common minimum salary per child. A female employee who has a child less than twelve months old is entitled to sixty minutes per working day to take care of the baby.

Paternity Leave

Male employees who pay social insurance are entitled to take paternity leave in the first 30 days from the day the baby is born.

Male employees are also entitled to paid leave of five days for normal delivery and seven days if the baby is born by Caesarean section. For twin births, the leave allowance is increased to 10 to 14 days. For multiple births, three working days off are permitted for each baby after the third one.

Fathers are entitled to take leave to take care of a child, until it reaches 6 months of age, if the mother dies or faces health risks.

Sick Leave

Employees are entitled to paid sick leave.

  • 30 days of leave if they have paid social insurance for less than 15 years
  • 40 days of leave if they paid social insurance for 15 years and less than 30 years
  • 60 days of leave if they paid social insurance for 30 years and more.

Jury Duty Leave, and Voting Leave

Not specified by law.

Bereavement Leave

Employees are entitled to up to 3 days of leave in case of their mother or father’s death, or death of their spouse’s father or mother; or death of a spouse, son, or daughter. 

Employees are entitled to take one day of unpaid leave due to the death of their grandparents, or a sibling. 

Military Leave

Not specified by law.