If your business operates in Vietnam, or you have employees located in Vietnam, take note of the following laws and customers in relation to public holidays, annual leave (PTO), sick leave, maternity and paternity leave and more.
These laws apply to both Vietnamese employees in Vietnam, as well as foreign nationals working in Vietnamese companies.
The most notable holiday in Vietnam is Tet Holiday, which is the celebration of the Lunar New Year. This is observed over approximately one week, in late January or early February. During this time, almost all Vietnamese businesses are closed.
There are a number of additional national holidays spread throughout the year. If a national holiday falls on a Saturday or Sunday, there is an additional holiday given on the next working day.
Vietnam observes the following public holidays in 2022:
|January 1st:||New Year’s Day|
|January 3rd:||New Year’s Day (in lieu)|
|January 29th – February 6th:||Tet Holiday (Lunar New Year)|
|April 10th:||Hung Kings Festival|
|April 11th:||Hung Kings Festival (in lieu)|
|April 30th:||Reunification Day|
|May 1st:||Labour Day|
|May 2nd:||Reunification Day (in lieu)|
|May 3rd:||Labour Day (in lieu)|
|September 1st – 2nd:||National Day|
Each of the public holidays above is given as a paid holiday to workers in Vietnam.
Once an employee has worked for an employer for 12 months, they are entitled to a minimum number of paid time off days each year.
This number differs depending on the type of job:
Which category an employee’s job fits under is decided by the Ministry of Labor, War Invalids and Social Affairs.
Employees whose period of employment is less than 12 months is entitled to an annual leave entitlement in line with the length of their employment.
Every 5 years an employee works for their employer, their annual leave entitlement will increase by 1 day.
Employees may combine their yearly entitlement (rolling over to the following year) for a maximum of three years at a time, upon agreement with their employer.
There is no legislation regarding whether or not employees can take their annual leave as cash, except in the case of termination of their employment, when any unused leave days will be paid out to the employee.
Employees in Vietnam are entitled to paid sick leave.
The number of sick leave days available to an employee depends on their working conditions, and the length of time they have been paying into the national social insurance.
Sick leave entitlement for employees working under normal working conditions:
Sick leave entitlement for employees working in heavy, hazardous or toxic conditions:
Sick leave is paid by the government’s social insurance fund – not the employer. Pay for sick leave equates to 75% of the employee’s salary or remuneration, based on the month prior to their sick leave.
Employees infected with a disease on the list of diseases requiring long-term treatment, as per the Ministry of Health, are entitled to a maximum of 180 days’ sick leave in a year (including public holidays and weekends).
Mothers in Vietnam are entitled to up to 6 months of paid maternity leave. If she has more than one child, she will be entitled to an additional 30 days off for each additional child.
During this time, they should receive 100% of their regular salary.
Women are also entitled to paid leave if they have a miscarriage or if the pregnancy is terminated. The entitlement depends on the length of time they have been pregnant.
Employees working in Vietnam who are covered by social insurance are entitled to paid paternity leave.
This entitlement is equal to 5 days off for a normal delivery, 7 days off for caesarean section. The entitlement is doubled (10/14 days) for twins, and an additional 3 working days off are given for each additional baby, for births of 3 or more children.
Paternity leave can be taken within the first 30 days after the baby is born.
Certain personal causes – most notably marriages and deaths within the employee’s family – entitle an employee to personal days off.
This page is intended for reference purposes only and does not constitute legal advice. Please see official government sources or consult a legal professional for actual legal advice.