Regulations on Holidays, Tet, and Annual Leave for Employees

Jan 07, 2025

HR & Payroll

Regulations on Holidays, Tet, and Annual Leave for Employees

Understanding working holiday and workday holiday regulations is essential for employers and employees in Vietnam. The 2019 Labor Code defines paid leave entitlements for holidays, Tet, and annual leave. This guide covers key provisions to help you manage leave effectively and ensure compliance with the law.

Table of Contents

Holidays and Tet (Public Holidays)

Article 112 of the 2019 Labor Code stipulates that employees can take fully paid leave on specific public holidays and Tet (Lunar New Year):

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

This results in 11 public holidays each year. If a public holiday coincides with the employee’s weekly day off, they will take a compensatory day off on the next working day.

Foreign employees working in Vietnam get an additional 1 day for their national holiday and 1 day for their country’s traditional New Year.

Annual Leave

Employees who work for an employer for 12 consecutive months are entitled to annual leave with full pay, as stated in Article 113 of the 2019 Labor Code:

12 working days for employees working in normal conditions;
14 working days for minors, employees with disabilities, or those working in hazardous or dangerous jobs;
16 working days for those in hazardous occupations.

Employees who have not worked for a full 12 months will receive annual leave proportionate to their time worked.

Annual Leave Calculation

Periods considered as working time for annual leave calculation (Article 65 of Decree 145/2020/ND-CP)

The following periods count as working time when calculating annual leave:

Time spent in vocational training or apprenticeship, if the employee continues to work for the employer afterward;
Probationary periods if the employee continues working after the probation;
Paid leave under Clause 1, Article 115 of the Labor Code;
Unpaid leave, if approved by the employer, up to 1 month per year;
Leave due to work accidents or occupational diseases, up to 6 months;
Sick leave, up to 2 months per year;
Maternity leave, as per social insurance laws;
Time performing duties for employee representative organizations, if legally counted as working time;
Suspension from work due to reasons not caused by the employee;
Suspension pending disciplinary action, if later exonerated or found not guilty.

Annual Leave in Special Cases

Calculating Annual Leave in Special Cases (Article 65 of Decree 145/2020/ND-CP)

For employees who have worked less than 12 months, as outlined in Clause 2, Article 113 of the Labor Code:
Annual leave days = (annual leave entitlement + additional seniority days, if any) ÷ 12 × actual months worked.
If an employee has worked for less than a full month but their total working days and paid leave (holidays, annual leave, and personal leave) amount to at least 50% of the regular working days, that month is considered as a full working month for annual leave calculation.

Additional Annual Leave Based on Seniority

Employees gain an extra day of annual leave for every full 5 years of service with the same employer.

Personal Leave and Unpaid Leave

Employees are entitled to personal leave with full pay and must notify their employer in the following situations:

Marriage: 3 days;
Marriage of a biological or adopted child: 1 day;
Death of a parent (biological or adopted), parent-in-law, spouse, or child (biological or adopted): 3 days.

Employees may take 1 day of unpaid leave, provided they inform their employer in the following situations:

Death of a grandparent, or sibling;
Marriage of a parent;
Marriage of a sibling.

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NetViet offers comprehensive HR solutions for businesses entering or expanding in the Vietnamese market. Established in 2000, NetViet provides 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.

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