Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Vietnam. This article explains Vietnam’s leave laws, including Marriage leave Bereavement Leave Personal Leave Annual Leave Paternity leave Maternity Leave Sick Leave Public holidays Parental leave Unpaid leave Study leave Military Leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Marriage leave | 3 days | Not applicable | Not applicable | Not applicable | Not applicable |
Bereavement Leave | 3 days | Not applicable | Not applicable | Not applicable | Not applicable |
Personal Leave | Varies | Not typically accrued | Typically not allowed | Not applicable | Not applicable |
Annual Leave | 12 days after 12 months of employment | Accrues monthly | Limited carry over allowed | Paid out on termination | No |
Paternity leave | 5 to 14 days | Not applicable | Not applicable | Not applicable | Not applicable |
Maternity Leave | 6 months | Not applicable | Not applicable | Not applicable | Not applicable |
Sick Leave | Up to 30 days per year | Not applicable | No carry over | No payout on termination | No |
Public holidays | 11 days of paid leave annually. | Not accrued. | Not applicable. | Not applicable. | Not applicable. |
Parental leave | Maternity leave: 6 months, Paternity leave: 5-14 days. | Not accrued. | Not allowed. | No payout for unused leave. | Not applicable. |
Unpaid leave | No fixed quota, subject to agreement. | Not accrued. | Not applicable. | No payout. | Not applicable. |
Study leave | Subject to employer agreement. | Not accrued. | Not applicable. | No payout. | Not applicable. |
Military Leave | As required by law. | Not accrued. | Not applicable. | No payout. | Not applicable. |
Employees are entitled to 3 days of marriage leave when they get married.
Employees should notify their employer at least 3 days in advance when intending to take marriage leave.
Marriage leave requires prior approval from the employer, generally to ensure coverage during the employee’s absence.
There are no provisions for additional marriage leave quota; the entitlement is strictly 3 days.
Marriage leave does not accrue and is a one-time entitlement per event of the employee’s marriage.
There is no carryover of marriage leave as it is intended to be used at the time of marriage.
Marriage leave is not paid out upon termination as it must be taken at the time of marriage.
There is no end of year payout for marriage leave as it is granted per event.
Employees are required to provide proof of marriage to qualify for the marriage leave.
Employees are entitled to 3 days of bereavement leave in the event of the death of an immediate family member.
Employers should be notified immediately in the event of a death in the family to arrange for bereavement leave.
While generally understood, bereavement leave may still require formal approval from the employer.
Additional bereavement leave is not typically available beyond the standard 3-day period.
Bereavement leave does not accrue and is granted as needed per event.
There is no carryover of bereavement leave as it is intended to be used during the bereavement period.
There is no payout for unused bereavement leave upon termination as it does not accrue.
There is no end of year payout for bereavement leave as it is provided per event.
Bereavement leave is typically granted only for the death of immediate family members, and proof of the family relationship may be required.
The quota for personal leave can vary greatly depending on the employer's policies and the specific circumstances of the leave request.
The required notice period for personal leave can vary and is often at the discretion of the employer based on the nature of the leave.
Personal leave typically requires approval from the employer, and the terms of the leave are often subject to the employer's discretion.
Additional quota for personal leave is typically at the employer's discretion and can depend on the employee's circumstances and company policy.
Personal leave is generally not accrued and does not follow a standard accrual system, being dependent on specific employer policies.
Carryover of personal leave is usually not allowed, with each leave period being granted based on specific instances.
There is typically no payout for unused personal leave upon termination, as this type of leave does not accrue.
There is usually no end of year payout for personal leave, as it does not accrue annually.
The rules and entitlements for personal leave can vary significantly and are largely dependent on the employer's policies.
Employees are entitled to 12 days of annual leave upon completion of 12 months of service with the employer. For every subsequent year, the leave quota remains the same.
Employees must provide advance notice when planning to take their annual leave, though the exact period is usually determined by internal company policies.
Annual leave requires the approval of the employer. The approval process may vary depending on the company's internal policies.
Employees may be entitled to additional annual leave days based on their seniority and the specific policies of their employer.
Annual leave typically accrues on a monthly basis starting from the date of employment, calculated proportionally.
Employees can carry over unused annual leave to the next year, although there is often a limit on the number of days that can be carried over, as specified by the employer.
Unused annual leave is generally paid out upon termination of employment. The payout amount is calculated based on the employee's current salary.
There is generally no payout for unused annual leave at the end of the year unless it is terminated; instead, it may be carried over as per company policies.
Additional rules regarding annual leave may vary significantly between different companies, depending on internal policies and collective agreements.
Paternity leave entitlements range from 5 to 14 days, depending on the specific circumstances and policies of the employer.
Employers should be notified as soon as possible about the intention to take paternity leave, ideally as soon as the expected delivery date is known.
Paternity leave generally requires approval from the employer, particularly to coordinate the timing of the leave.
Additional paternity leave beyond the standard quota is not typically provided under Vietnamese law.
Paternity leave does not accrue and is granted based on the occurrence of childbirth.
There is no carryover of paternity leave as it is intended to be used immediately following the birth of a child.
There is no payout for unused paternity leave upon termination, as it is intended for use around the time of childbirth.
Paternity leave does not have an end of year payout as it should be used specifically at the time of childbirth.
Paternity leave is specifically intended for fathers at the time of their child’s birth, applicable only to immediate family members.
Female employees are entitled to 6 months of maternity leave in Vietnam, which can be extended under certain health circumstances related to pregnancy or childbirth.
Expectant mothers are required to notify their employer of their pregnancy and intended leave period, typically several months in advance.
Maternity leave requires formal approval from the employer, generally following the submission of medical documentation related to pregnancy.
Additional maternity leave may be granted in the case of pregnancy complications or health issues affecting either the mother or the child, supported by medical documentation.
Maternity leave is a statutory right and does not accrue based on the length of employment.
Maternity leave does not carry over as it is a one-time entitlement per pregnancy.
Maternity leave is not subject to payout upon termination as it must be utilized during the period of pregnancy and postpartum.
Maternity leave does not have an end-of-year payout as it is specific to the period of pregnancy and childbirth.
In addition to leave, mothers may be entitled to healthcare benefits and support during the maternity period, as stipulated by Vietnamese law and company policies.
Employees are entitled to sick leave of up to 30 days per year if they have paid social insurance contributions. The duration depends on the length of their insurance payment history and their specific medical condition.
Employees should notify their employer about their sick leave as soon as possible, preferably on the first day of absence. A medical certificate is usually required to justify the leave.
Sick leave typically requires approval from the employer, supported by a medical certificate from a qualified healthcare provider.
Additional sick leave may be granted under certain conditions, such as serious illness, and may require a more detailed medical report or prolonged treatment documentation.
Sick leave does not accrue and is granted based on actual illness and medical certification.
Sick leave cannot be carried over to the next year; it is based strictly on the annual entitlement.
Unused sick leave is not paid out on termination of employment.
There is no payout for unused sick leave at the end of the year.
Sick leave approval generally requires proper documentation, including a medical certificate. Employers may require additional verification in case of prolonged illness.
Vietnam provides 11 public holidays per year, including New Year's Day, Lunar New Year (Tet), and National Day. Employees are entitled to full pay on these days.
Public holidays are predetermined by the government, and employees do not need to provide notice to take these days off.
Public holidays are automatically granted to all employees as per labor laws, and employer approval is not required
The government may announce additional public holidays, but employers cannot unilaterally grant extra public holidays beyond those mandated by law.
Public holidays are fixed by law and do not accumulate based on service length or work duration.
If a public holiday falls on a weekend, it is typically observed on the next working day. Otherwise, public holidays cannot be carried over.
Employees are not entitled to any payout for unused public holidays when their employment ends.
Unused public holidays do not qualify for end-of-year payouts, as they are mandatory days off.
The Lunar New Year (Tet) holiday is the most significant in Vietnam, and businesses may close for an extended period, sometimes beyond the mandated leave.
Female employees are entitled to six months of maternity leave with full salary. Male employees are entitled to 5 days for a normal birth and up to 14 days for complicated or multiple births.
Employees should notify their employer of their expected leave dates as early as possible, preferably before childbirth, to ensure work arrangements can be made.
Maternity leave is a statutory right and does not require employer approval. However, the employee must inform the employer in advance.
Additional unpaid leave may be requested by the employee, subject to employer agreement. In case of health complications, maternity leave may be extended by a doctor’s recommendation.
Parental leave is not accrued over time but is granted as a statutory entitlement upon childbirth or adoption.
Parental leave must be used at the time of childbirth or adoption and cannot be carried over to the next year.
Since parental leave is a statutory right and not an accrued benefit, unused leave is not compensated upon termination.
Parental leave is not subject to payout at the end of the year as it is granted on an as-needed basis.
Employees on parental leave receive financial support from the social insurance fund rather than the employer.
Employees may take unpaid leave with employer approval. There is no legally mandated limit on unpaid leave.
Employees must request unpaid leave in advance and receive employer approval before taking time off.
Since unpaid leave is discretionary, employees must obtain approval from their employer before taking it.
Additional unpaid leave beyond what was initially approved may be granted based on the employer’s discretion.
Unpaid leave is not accrued but rather granted on a case-by-case basis.
Since unpaid leave is granted as needed, it does not carry over.
Unpaid leave is not eligible for payout upon termination.
Unused unpaid leave does not qualify for any payout at the end of the year.
Long periods of unpaid leave may not count towards seniority or benefits calculations.
Employees may request study leave for educational or training purposes, but there is no mandatory legal requirement for employers to grant it.
Employees must provide prior notice and obtain employer approval before taking study leave.
Study leave is not a statutory right and is granted at the employer’s discretion.
Employers may grant additional study leave if they see value in employee education.
Study leave is granted on request rather than accrued over time.
Study leave is granted for specific periods and does not carry over.
Unused study leave is not eligible for payout upon termination.
Study leave is not subject to end-of-year payouts.
Some employers may sponsor study leave in exchange for a commitment to remain with the company for a certain period.
Employees who are called for military service must be granted leave as per government regulations.
Employees must provide their employer with official government orders when called for service.
Military leave is mandated by law, and employers must grant it.
Military leave is strictly regulated and cannot be extended without government orders.
Military leave is granted as per legal mandates, not accrued.
Military leave cannot be carried over.
Military leave is not compensated upon termination.
No payout for unused military leave.
Employees returning from military leave have job protection rights under labor laws.
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