Leave Policy in Vietnam
Leave Policy in Vietnam — Overview
Vietnam's leave policy is governed primarily by the 2019 Labor Code (effective January 1, 2021), which sets out comprehensive entitlements for both local and foreign employees working in the country. The law is notably employee-friendly, with mandatory minimum standards that employers must meet or exceed.
All employees — regardless of nationality — working under a labor contract in Vietnam are entitled to statutory leave benefits. Employers that fail to comply risk significant administrative penalties and legal disputes. Understanding the full leave landscape is essential for any company hiring in Vietnam.
Annual Leave (Nghỉ phép năm)
Under Article 113 of the 2019 Labor Code, employees who have worked for at least 12 consecutive months with the same employer are entitled to a minimum of 12 working days of paid annual leave per year. This entitlement increases based on seniority and the nature of the work.
For every 5 years of continuous service, employees receive one additional day of paid annual leave. Employees working in hazardous or particularly demanding conditions are entitled to 14 or 16 days respectively, with the same seniority accrual rules applying.
💡 Employees who have not completed 12 months may take prorated annual leave based on months worked. Unused annual leave can be paid out in lieu at the end of the year or upon termination.
Sick Leave (Nghỉ ốm)
Sick leave in Vietnam is primarily funded through the social insurance system, not directly by the employer. Employees who have contributed to the Social Insurance Fund are entitled to sick leave benefits paid by the Vietnam Social Security (VSS) at 75% of their salary base used for social insurance contributions.
The duration of paid sick leave depends on the number of years an employee has contributed to social insurance and their working conditions. Employees must provide medical certificates from a certified healthcare facility to claim sick leave benefits.
💡 For employees working in hazardous or dangerous conditions, the above limits increase by 10 days each. After exhausting paid sick leave, employees may be entitled to unpaid leave or may be subject to termination under specific legal conditions.
Maternity Leave (Nghỉ thai sản)
Vietnam's maternity leave policy is one of the most generous in Southeast Asia. Female employees are entitled to 6 months of fully paid maternity leave, funded through the social insurance system (not directly by the employer). To qualify, the employee must have contributed to social insurance for at least 6 months in the 12 months prior to giving birth.
The 6-month leave can be distributed before and after birth, subject to specific constraints: the employee must take at least 2 months before birth and at least 4 months after birth. The prenatal leave period should not exceed 2 months.
💡 Maternity benefit is paid at 100% of the employee's average salary used for social insurance contributions (not their full gross salary). Employers are prohibited from dismissing pregnant employees or those on maternity leave.
Paternity Leave (Nghỉ thai sản của cha)
Vietnam's 2012 Social Insurance Law and the 2019 Labor Code provide paternity leave rights for married fathers who have contributed to social insurance. The duration varies based on the circumstances of birth and must be taken within 30 days of the child's birth.
💡 Paternity leave is paid through the social insurance fund at 100% of the salary base used for social insurance contributions. It must be taken consecutively within the first 30 days of the child's birth.
Public Holidays (Ngày lễ, tết)
Vietnam has 11 official paid public holidays per year. If a public holiday falls on a weekend, the next working day is typically given as a substitute day off. Employees required to work on public holidays must be compensated at a rate of at least 300% of their normal daily wage (or 400% for overtime during public holidays).
💡 The exact dates for Tet holidays shift each year according to the Lunar calendar. Employers should confirm the official government gazette each year for the exact holiday schedule and any additional bridge days approved by the Prime Minister.
Personal Leave (Nghỉ việc riêng)
Under Article 115 of the 2019 Labor Code, employees are entitled to paid personal leave for specific life events. These are fully paid by the employer and cannot be deducted from the employee's annual leave balance.
Unpaid Leave (Nghỉ không hưởng lương)
Employees in Vietnam may request unpaid leave, and employers may grant it at their discretion. Certain situations grant employees the right to unpaid leave by law: for example, employees may take up to 3 days of unpaid leave when grandparents pass away or when a sibling gets married.
During unpaid leave, employees do not receive salary or other allowances. However, social insurance contributions may still apply depending on the duration and agreement. Employers and employees should clearly document the agreed terms of unpaid leave in writing to avoid disputes.
Bereavement Leave (Nghỉ tang)
The 2019 Labor Code provides employees with paid bereavement leave for the death of close family members. These entitlements are mandatory and fully paid by the employer. The definition of "close family members" includes parents (including in-laws), spouse, and children.
💡 Bereavement leave is paid leave and does not count against the employee's annual leave balance. Employers may offer additional bereavement leave beyond the statutory minimum as part of their company policy.
Compliance & Penalties
Vietnam's Ministry of Labor, Invalids and Social Affairs (MOLISA) and local DOLISA branches are responsible for enforcing labor law compliance. Inspections can be triggered by employee complaints or routine audits. Violations of leave entitlements can result in administrative fines, back-payment orders, and reputational damage.
Companies should maintain accurate leave records, ensure all labor contracts reference statutory entitlements, and register their Internal Labor Rules (ILR) with DOLISA. The ILR must document leave policies and procedures. Failure to register an ILR or to include required provisions can expose employers to penalties when taking disciplinary action or terminating employees.
💡 Working with a compliant EOR like HIREVN ensures your Vietnam team's leave entitlements are always correctly calculated, administered, and documented — eliminating compliance risk entirely.