Leave policy in Vietnam

Leave policy in Vietnam
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An individual working for a company in Vietnam with continuous service of 12 months or more is given the right to receive paid annual leave as follows:

  • 12 days off for employees engaged in typical labor conditions
  • 14 days off if they are minor, disabled, and/or performing arduous, poisonous, or hazardous tasks
  • 16 days holiday if doing exceptionally difficult and dangerous work. Moreover, workers’ entitlement will add an extra day for every five years that they remain employed with the same employer.

People who have not yet been employed by an employer for more than 12 months are accorded paid leave on a pro-rata basis such that each month of employment yields them one day of paid leave.

An individual who was dismissed from their job or had to quit for any reason and had not utilized all of the annual leave to which they were due is given payment in lieu of these days off.

An employer and employee may come to a consensus concerning taking their annual leave in either portioned amounts or interwoven over a three-year period maximum.

Public holidays in Vietnam

Employees in Vietnam are given 11 paid holiday days off. Those holidays in 2023 are:

  • Gregorian Calendar New Year: one day (January 1)
  • Lunar New Year Holiday period: five days, decided upon yearly by the government
  • Victory Day: one day (April 30)
  • International Labor Day gathering/celebration: one day (May 1)
  • National Days for two whole days at once or separately sometime around September 2
  • Hung Kings Commemoration, on one particular date each year during the third month of the lunar calendar.

Furthermore, staff from countries outside Vietnam working remotely in Vietnam are entitled to two holidays consisting of their traditional national public celebration and Vietnam's National Day.

If a public holiday happens to fall on an employee's regularly scheduled day off, the employee is granted another rest day following their next shift. Those who work during the daylight hours of a holiday are compensated at three times the usual rate, and night workers are remunerated at 390% of their usual wage.

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Types of leave in Vietnam

Most of the country’s labor practice guidelines and mandates are contained in Vietnam's 2019 Labor Code, which repeals and supersedes the previous 2012 code. The 2019 code details the full gamut of Vietnam labor law, including the different types of leaves:

Sick leave in Vietnam

In Vietnam, workers are eligible for sick leave when they satisfy specific conditions. Should an individual suffer from illness or injury and present medical documentation to their employer, they will receive the necessary benefits. On the other hand, those who have caused themselves harm due to intoxication or drug use will not be entitled to such privileges.

The requirements regarding paid sick leave days within a twelve-month period, not counting public holidays, mandatory holiday weeks, or weekends, are outlined below.

For those working under regular terms of employment:

  • Less than 15 years of social insurance payments merit a maximum grant of 30 days
  • 15 to less than 30 years qualifies for 40 days of leave
  • More than 30 annual payments bring the allowance up to 60 days

According to Vietnam's Law on Social Insurance, for individuals performing laborious, potentially dangerous, or noxious duties in accordance with the list issued by the Ministry of Labor and the Ministry of Health, or those who are employed regularly in specific regions:

  • 40 days for those who have made social security payments for less than 15 years
  • 50 days if contributions to social security have been paid for between 15 and 30 years
  • 70 days if payments towards social insurance premiums exceed 30 years

Employees who suffer from one of the specific long-term illnesses included in the register produced by the Ministry of Health (again mandated by the Law on Social Insurance) are apportioned the following paid sick leave regime:

  • A span of not exceeding 180 days throughout a single year inclusive of holidays and Saturdays or Sundays
  • Those staff members still requiring care even after completion of those 180 days keep enjoying their remuneration or recompense at 45 to 65% of their initially specified remuneration.

Note that the sick leave allowance for expatriate staff working remotely from Vietnam is determined on an individual basis, depending on the agreement between employer and employee.

Employers and employees who are eligible for sick pay will receive assistance from the social insurance fund. Employees' salary or compensation, which is based on a basic wage rate, will be taken into consideration for their contribution to social security with part of it assigned depending on how many days off were legitimately requested. Those individuals allowed time away from work to recuperate at home can expect daily payments commensurate with 25% of the established minimal earning rate. If recovery takes place in a facility, then they are entitled to 40% based on the minimum payment amount.

Maternity leave in Vietnam

A new mother is entitled to a six-month maternity leave — this includes two months paid by the Vietnamese Social Insurance Fund. If there are multiple births, then an extra month of leave should be taken for each additional child starting with the second one. Should she wish to take even more time off after her mandatory allotment, she may negotiate unpaid days off with her employer.

Maternity leave is mandatory for a minimum of four months. After that time, a woman may return to work, provided she obtains medical certification that a return to work will not be detrimental to her health.

If an infant perishes within two months of birth, the mother becomes eligible for a four-month break commencing on the date of delivery. If the infant passes away at two months old or older, the mother is entitled to a period of leave lasting two full months beginning when the child died. Nevertheless, the total maternity leave taken can not exceed six full months. Maternity leave will not count towards regular paid days off.

When it is just the mother who registered for social insurance, or if both parents opted for it but the mother passed away during childbirth, then the father or direct foster parent can be granted maternity leave in her place, for whatever portion of maternity leave remains. Also, if the mother had been contributing to social security for at least six months leading up to delivery/adoption and then died during that period, the father or direct foster parent can receive parental leave until the child reaches one year of age.

Furthermore, maternity allowance includes weekends and national holidays plus New Year festivities as well.

Note that Vietnam labor laws allow a lot of other paid and unpaid times off for female employees, including provisions for leaves for prenatal checkups, leaves for periods where they take contraceptive measures and additional recovery time after maternity leave.

Paternity leave in Vietnam

A worker in Vietnam who has been contributing to the public health fund and whose partner gave birth can use maternity leave during the initial 30 days from the date of birth in this way:

  • Five workdays
  • Seven workdays, if his spouse went through a cesarean section or gave birth prior to 32 weeks of being pregnant
  • 10 workdays, when there are twins born; with an extra three days for every baby from then on
  • 14 workdays if she has more than two children and requires multiple childbirth-related operations

Adoption leave in Vietnam

Employees who adopt a child under six months of age are also entitled to paid maternity leave until the child reaches the full six months. If both parents fully satisfy the conditions of the regime and are covered by social insurance, either but not both of the adoptive parents is entitled to maternity leave.

Carer’s leave in Vietnam

A worker is eligible for leave in cases of their child's illness each year, in order to care for the sick child. Carer’s leave may not exceed 20 working days if the child is under three years old or 15 days if between three and seven years of age.

Carer’s leave is measured in working hours and does not include public holidays, New Year celebrations, or weekends. Additionally, employees will obtain 75% of their usual salary as remuneration for taking these genuine days off work — this will be adjusted according to the number of actual leave days.

Personal leave in Vietnam

Employees are eligible for paid personal leave when their employer is given prior notice. For example, a three-day leave can be taken in the event of marriage and one day for the wedding of a biological or adopted child. In cases such as death involving one's parent, spouse, or child (biological/adopted), three days off are to be granted by the employer.

Unpaid time off also falls under certain circumstances with notification ahead required from employees: One day unpaid absence upon grandparent’s demise or sibling wedding while they must negotiate with their employer regarding any other leaves not specified above by law.

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