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Vietnam

Vacation and Leave Policies

Understand the regulations on vacation and other types of leave in Vietnam

Holiday leave

In Vietnam, labor laws ensure that employees have ample opportunities for rest and personal time. According to the Vietnamese Labor Code (2019), employees who have been with an employer for at least a year are entitled to fully paid annual leave. The minimum standard entitlement is 12 working days of leave per year for those working under normal conditions.

Additional Leave for Specific Conditions

Certain categories of employees receive additional vacation days. These include employees under 18 years old, employees with disabilities, and those working in hazardous or dangerous conditions, who all receive between 14 and 16 days. Moreover, employees gain one extra vacation day for every five years of continuous service with the same employer.

Pro-Rated Leave Calculation

Employees who have not completed a full year of service are entitled to pro-rated vacation leave, calculated based on the months they have worked.

Leave Scheduling and Utilization

The timing of vacation leave is determined by employers in consultation with employees, with the aim to accommodate individual preferences while ensuring business continuity. It's important to note that employers are required to pay employees their regular wages during their vacation leave period.

Public holidays

Vietnam's public holidays are a captivating mix of historical commemorations, traditional festivals, and modern celebrations.

Key Holidays

  • Tết Nguyên Đán (Vietnamese Lunar New Year): This is the most significant holiday in Vietnam. Tết is a multi-day celebration of family, renewal, and welcoming the new year. It usually falls in January or February.

  • Hung Kings Commemoration Day: This holiday honors the legendary founders of Vietnam, the Hung Kings. It is observed in April.

  • Reunification Day (Liberation Day): Celebrated on April 30th, this day marks the reunification of North and South Vietnam after the Vietnam War.

  • International Labor Day: Observed on May 1st, this day celebrates workers' rights and contributions.

  • National Day: This day commemorates Vietnam's declaration of independence from France in 1945. It falls on September 2nd.

Other Notable Holidays

These holidays hold significance, though they might not be national public holidays with days off for everyone.

  • International Women's Day (March 8th): This day celebrates women and their achievements.

  • Vietnamese Teachers' Day (November 20th): This day honors and recognizes the role of educators.

  • Founding of the Communist Party of Vietnam (February 3rd): This day is observed by some with celebrations of the party's establishment.

Observances

Vietnam observes several religious holidays, but they are not official public holidays. These might include Christmas Day or Buddha's Birthday. If a public holiday falls on a weekend, the following Monday is usually observed as the official holiday, giving workers a day off.

Important Note: The exact dates of some holidays, particularly those based on the Lunar calendar like Tết, may change slightly from year to year. Always refer to the official government calendar for the precise dates in a given year.

Types of leave

In Vietnam, employees are entitled to various types of leave, each governed by specific regulations and conditions.

Annual Leave

Employees who have completed at least 12 months of continuous service are entitled to paid annual leave. The duration of this leave is determined by the nature of the employee's work:

  • Normal working conditions: 12 working days per year
  • Minor employees, disabled employees, or those working in hazardous conditions: 14 working days per year
  • Exceptionally heavy, hazardous, or dangerous conditions: 16 working days per year

For every five years of service with the same employer, an additional day of annual leave is granted.

Sick Leave

Sick leave entitlements are covered by two main pieces of legislation. The Labor Code states that employees are entitled to sick leave with pay, but the duration is determined by their social insurance contributions. This can range from 30 days to 180 days, depending on the duration of contribution. The Law on Social Insurance specifies payment rates for sick leave:

  • First 6 months of employment: 100% of salary
  • After 6 months of employment: 75% of salary

Maternity Leave

Female employees are entitled to 6 months of maternity leave, fully paid by social insurance. In cases of multiple births, an additional month of leave is granted for each additional child.

Paternity Leave

While Vietnam does not offer separate statutory paternity leave, fathers are entitled to various types of leave depending on circumstances:

  • Marriage leave: 5 working days of paid leave
  • Compassionate leave: In the case of the death of a family member (spouse, parent, child), employees are entitled to 3 days of paid compassionate leave

Other Types of Leave

  • Bereavement/Compassionate leave: Up to 3 days for the death of specified family members.
  • Marriage leave: 5 working days.

It's important to note that annual leave, and any agreed-upon additional leave days should be outlined in the employment contract. Employers may offer more generous leave policies than the statutory minimums.

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