National Holidays and Annual Leave in Vietnam: A Complete Guide

Aug 12, 2024

HR & Payroll

National Days of Vietnam: Guides to Public Holidays and Annual Leave

Vietnam’s national holidays and annual leaves can present significant complexities for businesses operating in the country. This guide aims to clarify the intricacies of Vietnam’s holiday and leave provisions, providing essential information for employers and HR professionals to ensure accurate and compliant practices.

Contents

Holidays and Tet

Article 112 of the Labor Code 2019 stipulates that employees are entitled to fully paid leave on the following holidays and Tet:

New Year’s Day: 1 day (January 1 of the Gregorian calendar);
Lunar New Year: 5 days;
Liberation Day/ Reunification Day: 1 day (April 30 of the Gregorian calendar);
International Labor Day: 1 day (May 1 of the Gregorian calendar);
Independence Day: 2 days (September 2 of the Gregorian calendar and 1 adjacent day, either before or after);
Hung Kings’ Festival: 1 day (March 10 of the lunar calendar).

Employees have a total of 11 days of holidays and Tet. And if a weekly rest day coincides with any of the holidays mentioned above, the employee is entitled to an additional day off on the next working day.

For foreign employees working in Vietnam, in addition to the holidays mentioned above, they are entitled to one traditional New Year holiday and one National Day in their country.

Annual Leave

Article 113 of the Labor Code 2019, any worker who has been working for an employer for a full 12 months shall be entitled to annual leave with full pay as stipulated in the employment contract as follows:

12 working days for workers with regular working conditions.
14 working days for workers who are minor workers or workers with disabilities, or who perform heavy, harmful or hazardous work or occupations.
16 working days for workers who perform extremely heavy, harmful, or hazardous work or occupations.

Employees who have worked for less than 12 months for an employer are entitled to annual leave in proportion to the number of months worked.

Time considered as working time for calculating annual leave (Article 65 of Decree 145/2020/NĐ-CP):

The time they are spent on vocational training or apprenticeship as per Article 61 of the Labor Code if the employee continues to work for the employer after the training period.
The probation period if the employee continues to work for the employer after the probation period.
Paid personal leave as per Clause 1, Article 115 of the Labor Code.
Unpaid leave approved by the employer, not exceeding 1 month in a year.
Leave due to occupational accidents or diseases, not exceeding 6 months.
Sick leave, not exceeding 2 months in a year.
Maternity leave as prescribed by the law on social insurance.
Time spent on activities of the employee representative organization at the workplace is considered as working time according to the law.
Time off due to work stoppages or layoffs not caused by the employee’s fault.
Time off due to temporary suspension of work, if the employee is found not to have violated regulations or is not subject to disciplinary action.

Calculation of annual leave in special cases (Article 65 of Decree 145/2020/NĐ-CP):

For employees who have worked for less than 12 months as per Clause 2, Article 113 of the Labor Code: Annual leave days = (annual leave days + additional days off for seniority (if any)) / 12 months x actual working months in the year.
For employees who have worked for less than a full month, if the total number of working days and paid time off days (holidays, Tet, annual leave, paid personal time off as per Articles 112, 113, 114, and 115 of the Labor Code) accounts for 50% or more of the normal working days in the month, that month is counted as a full month for calculating paid time off.

Additional Annual Leave for Seniority

For every 5 years of service with an employer, the employee is entitled to an additional annual leave day.

Personal Leave and Unpaid Leave

Employees are entitled to paid personal leave and must notify the employer in the following cases:

Marriage: 3 days off;
Marriage of biological or adopted children: 1 day off;
Death of biological or adoptive parents, parents-in-law, spouse, or biological/adopted children: 3 days off.

Additionally, employees are entitled to 1 day of unpaid leave and must notify the employer in the following cases:

Death of grandparents, siblings; parents’ remarriage; siblings’ marriage.

For more details about the formula to calculate overtime wages for working on Independence Day, visit Vietnam Independence Day 2024

___________

NetViet offers comprehensive HR solutions, including PEO, EOR, payroll, and IT helpdesk outsourcing, for businesses entering or expanding in the Vietnamese market. Established in 2000, NetViet commits to providing expert, seamless, and compliant HR solutions.

Legal Disclaimer: The information provided is for general informational purposes only and does not constitute legal advice. For specific legal advice on compliance in Vietnam, schedule a consultation with NetViet or consult legal counsel.

Follow NetViet for the latest industry updates and more: