Leave Policy in Vietnam
Explore the extensive leave policies and holiday guidelines in Vietnam with Gloroots.
Vietnam's leave framework is governed by Labour Code No. 45/2019/QH14 and the Law on Social Insurance No. 41/2024/QH15, which takes effect July 1, 2025. Together, these laws set clear entitlements for annual leave, parental benefits, and sick pay.
- Annual leave ranges from 12 to 16 working days per year, depending on job type and years of service.
- Maternity leave is 6 months; from July 1, 2026, mothers having a second child receive 7 months.
- Paternity leave runs from 5 to 14 days, depending on the type of birth.
- Sick leave is paid by the Vietnam Social Insurance Authority (VSS) at 75% of the prior month's salary, for 30 to 60 days per year based on contribution history.
- When a public holiday falls on a weekend, employees receive a substitute working day off.
Annual leave and personal leave are employer-paid. Sick, maternity, paternity, and child-care benefits are funded by VSS. Gloroots manages leave compliance for companies employing staff in Vietnam, covering statutory filings, benefit tracking, and payroll coordination.
Leave Policy at a Glance
| Leave Type | Entitlement | Mandatory | Notes |
|---|---|---|---|
| Annual Leave | 12–16 working days/year | Yes | Employer-paid; entitlement varies by job type and years of service |
| Public Holidays | 11+ days/year | Yes | Employer-paid; substitute day granted when holiday falls on a weekend |
| Sick Leave | 30–60 days/year | Yes | VSS-funded at 75% of prior month's salary; duration based on contribution history |
| Maternity Leave | 6 months (7 months for second child from July 1, 2026) | Yes | VSS-funded at 100% of average salary over the 6 months before leave |
| Paternity Leave | 5–14 days depending on birth type | Yes | VSS-funded at 100% of prior month's salary |
| Parental/Child-care Leave | 20 days/year (child under 3); 15 days/year (child aged 3–7) | Yes | VSS-funded at 75% of prior month's salary |
| Bereavement Leave | 1–3 days | Yes | Employer-paid; 3 days for immediate family, 1 day for extended family |
| Marriage Leave | 1–3 days | Yes | Employer-paid; 3 days for own wedding, 1 day for child's wedding |
| Adoption Leave | 6 months | Yes | VSS-funded |
| Miscarriage/Abortion Leave | 10–50 days depending on gestational age | Yes | VSS-funded |
Overview and Legal Basis for Leave in Vietnam
Two statutes govern employee leave in Vietnam. Labour Code No. 45/2019/QH14, effective January 1, 2021, sets the rules for annual leave, public holidays, maternity, paternity, bereavement, and marriage leave. Law on Social Insurance No. 41/2024/QH15, effective July 1, 2025, governs sick leave, maternity cash benefits, paternity cash benefits, and child-care benefits.
The Labour Code establishes statutory minimums. Employers and employees may agree to more favorable terms, but no contract may fall below those floors. Annual leave and personal leave are employer-paid. Sick, maternity, paternity, and child-care benefits are funded by the Vietnam Social Security authority (VSS).
Vietnam's statutory leave framework covers the following categories:
- Annual Leave
- Public Holidays
- Sick Leave
- Maternity Leave
- Paternity Leave
- Parental and Child-care Leave
- Adoption Leave
- Bereavement Leave
- Marriage Leave
- Miscarriage Leave
- Contraceptive and Sterilization Leave
Independent contractors are not entitled to statutory leave under the Vietnamese Labour Code. Companies that want to understand how does EOR work can use an Employer of Record to employ workers compliantly under this framework without establishing a local entity.
Annual Leave (Earned / Privilege Leave)
Vietnam's Labour Code No. 45/2019/QH14, Article 113, sets three tiers of annual leave entitlement based on working conditions.
- 12 days per year for employees in normal working conditions.
- 14 days per year for employees in heavy, hazardous, or toxic roles, and for employees who are minors or have disabilities.
- 16 days per year for employees in extremely heavy, hazardous, or toxic conditions.
Employees with less than 12 months of service receive leave on a pro-rata basis, calculated in proportion to the number of months worked, as set out in Article 113(2).
Carry-forward of unused annual leave is subject to agreement between the employer and employee. Unused days may be aggregated over a period of up to three years. Employers must pay cash for all unused annual leave days upon termination of employment, per Article 113(3). This encashment obligation applies regardless of the reason for termination.
Employees are expected to notify their employer in advance before taking annual leave. Employers may schedule leave to suit operational requirements, provided the statutory entitlement is preserved. Expatriate employees are subject to the same statutory minimums unless a more favorable arrangement is agreed in their employment contract.
For a regional comparison, see the leave policy in Philippines, which reflects a different approach to annual leave entitlement in Southeast Asia.
Public Holidays
Vietnam observes 11 public holidays in 2025, covering national, cultural, and historical occasions. Private-sector employers have some scheduling flexibility around Tet.
Under Labour Code No. 45/2019/QH14, Article 111(3), when a public holiday falls on a weekly rest day, the employee receives a compensatory day off on the next working day. Employees who work on a public holiday receive a minimum of 300% of their normal wage unit plus applicable holiday pay, per Article 98(1)(c).
| Holiday | 2025 Date(s) |
|---|---|
| New Year's Day | 1–2 Jan |
| Tet (Lunar New Year) | 16–20 Feb |
| Hung Kings Commemoration Day | 26 Apr (make-up: 27 Apr) |
| Reunification Day | 30 Apr |
| Labour Day | 1 May |
| National Day | 31 Aug – 2 Sep |
| Vietnam Culture Day | 24 Nov (confirm statutory basis for private sector) |
For Tet, private-sector employers may split the five-day holiday as 1+4, 2+3, or 3+2 days across the lunar year-end and new year. Employers must notify employees at least 30 days in advance of the chosen split.
Foreign workers are entitled to one additional day for their home-country traditional New Year and one additional day for their home-country National Day, per Labour Code Article 112(2). 2026 dates will be confirmed following the MOLISA announcement.
Sick Leave
Sick leave cash benefits in Vietnam are funded by the Vietnam Social Security (VSS), not the employer. The governing law is the Law on Social Insurance No. 41/2024/QH15, which took effect on 1 July 2025.
Entitlement is based on years of social insurance contributions and job classification. Employees in standard occupations receive 30 working days per year with under 15 years of contributions, 40 days per year with 15 to 30 years, and 60 days per year with over 30 years.
Employees in hazardous or dangerous occupations receive higher entitlements. Those with under 15 years of contributions receive 40 working days per year. Those with 15 to 30 years receive 50 working days per year. The 60-day tier for over 30 years applies across all occupation types.
For conditions listed by the Ministry of Health requiring long-term treatment, entitlement extends to 180 days per year. If treatment continues beyond 180 days, the employee remains eligible for paid sick leave at a reduced rate of 45% to 65% of salary. Employees must submit a medical certificate within 48 hours of the first day of illness. For expatriate employees, sick leave terms are agreed between the employer and the worker. Employers managing cross-border teams can compare approaches by reviewing the leave policy in China.
Casual Leave
Vietnam's Labour Code does not define a separate casual leave category by that name. Personal and unplanned absences are addressed through statutory personal leave provisions or employer policy.
The Labour Code covers specific personal events: three days for an employee's own wedding, one day for a child's wedding, and three days for the death of a spouse, parent, or child. These are paid by the employer.
Beyond these statutory minimums, employers may grant discretionary casual leave through employment contracts or internal policy. Any such contractual leave is employer-paid and does not carry forward unless the contract explicitly states otherwise.
This differs from annual leave, which carries statutory encashment rights, and from sick or maternity leave, which are funded through Vietnam's Social Insurance (VSS) system.
Maternity Leave
Female employees in Vietnam are entitled to six months of maternity leave for a first birth. Effective July 1, 2026, a second-child birth entitles the mother to seven months of leave. For multiple births, one additional month is added per extra child beyond the first.
Eligibility requires a minimum of three months of social insurance (SI) contributions within the 12 months preceding childbirth, as set out in the Social Insurance Law. VSS pays the maternity benefit at 100% of the average monthly salary used for SI contributions. VSS also pays a lump-sum childbirth allowance of two times the statutory base salary per child upon birth.
Employees may return to work early after a minimum of four months, provided the employer consents and a health certificate is issued by a competent medical facility. During early return, the employee receives both the maternity benefit and their regular salary.
Additional entitlements include:
- Prenatal check-up leave: five visits at one day each (two days per visit for remote locations or abnormal pregnancy signs)
- Breastfeeding break: 60 minutes paid per working day while raising a child under 12 months (Labour Code Article 137(4))
- Post-maternity recuperation leave: 5 to 10 days with a daily VSS allowance if health is not fully recovered after maternity leave
- Contraceptive or sterilization leave: paid leave for implementation of contraceptive methods or sterilization, with a VSS allowance (Labour Code Article 141)
| Scenario | Leave entitlement | Benefit source |
|---|---|---|
| Normal first birth | 6 months | VSS |
| Normal second birth (from July 1, 2026) | 7 months | VSS |
| Multiple births | 6 months + 1 month per additional child | VSS |
| Adoption (child under 6 months) | Leave until child reaches 6 months of age | VSS |
| Miscarriage or termination: under 5 weeks | 10 days | VSS |
| Miscarriage or termination: 5 to 13 weeks | 20 days | VSS |
| Miscarriage or termination: 13 to 25 weeks | 40 days | VSS |
| Miscarriage or termination: 25+ weeks | 50 days | VSS |
| Mother dies after birth | Father takes remaining leave until child reaches 6 months | VSS |
Administering maternity leave in Vietnam involves coordinating VSS filings, tracking eligibility windows, and managing early-return documentation. Gloroots EOR services handle these obligations so employers maintain compliance without managing each step directly.
Paternity Leave
Vietnam's paternity leave entitlements are set under the Law on Social Insurance No. 41/2024/QH15. Leave must be taken within 30 days of the child's birth.
Current leave durations vary by birth type: 5 days for a natural birth, 7 days for a caesarean section, 10 days for naturally born twins, and 14 days for twins born by caesarean section. Fathers of three or more children receive an additional 3 days per child beyond the second.
Effective July 1, 2026, an amendment grants fathers of a second child 10 working days of paternity leave. At birth, the Vietnam Social Security (VSS) pays a lump-sum allowance of 2 times the statutory base salary per child, approximately $114 (VND 2,980,000) per child. The employer does not fund this payment; VSS pays it directly.
Adoption and Surrogacy Leave
Employees adopting a child under 6 months old qualify for the maternity regime under Labour Code No. 45/2019/QH14, Article 139(5), and the Social Insurance Law.
The adoptive mother is entitled to 6 months of leave, the same duration as a biological mother. Leave runs from the date of adoption until the child reaches 6 months of age. If both parents hold social insurance coverage, only one parent may claim the adoption leave benefit.
VSS funds adoption leave at 100% of the employee's average monthly salary over the 6 months before leave begins. To claim the benefit, the employee must submit an adoption decision or adoption certificate to VSS.
Vietnamese law does not currently provide a distinct statutory leave category for surrogacy. Employers and employees in surrogacy arrangements should seek legal guidance on applicable entitlements, as this remains an open item under current legislation.
Bereavement Leave
Vietnam's Labour Code No. 45/2019/QH14 grants employees paid bereavement leave for the death of close family members. Employers fund this leave directly.
Employees receive 3 days of paid leave for the death of a spouse, biological or adoptive parent, spouse's parent, or biological or adopted child. For the death of a grandparent or biological sibling, employees are entitled to 1 day of paid leave.
Employers may offer additional bereavement days above these statutory minimums through an employment contract or internal policy.
Other Leave Types
Vietnam's Labour Code provides several additional leave entitlements beyond annual, sick, and parental leave.
Employees are entitled to a 30-minute paid break on each working day during menstruation, under Labour Code Article 137(4). This applies to all eligible employees regardless of role.
- Parental and childcare leave: Up to 20 working days per year until a child reaches age 3, then up to 15 working days per year until the child reaches age 7. The Vietnam Social Security (VSS) pays 75% of the employee's prior month salary.
- Contraceptive and sterilization leave: Paid leave is granted for the implementation of contraceptive methods or sterilization procedures under Labour Code Article 141. VSS pays the applicable allowance.
- People's assessor (lay judge) leave: Employers must grant leave for employees serving as people's assessors in court proceedings. The court pays a daily allowance. No statutory jury duty leave exists in Vietnam outside this civic role.
- Military service leave: Compulsory military service, which runs for 24 months of active duty, suspends the employment contract under Labour Code Article 30(1)(a). The employer owes no salary during service. The employee is entitled to reinstatement within 15 days of completing service.
These entitlements are set by statute and apply independently of any employer policy. Employers cannot reduce them through contract.
Carry-Forward and Leave Encashment Rules
Annual leave carry-forward in Vietnam is subject to agreement between employer and employee. Under Labour Code No. 45/2019/QH14, Article 113(3), unused annual leave days may be aggregated across up to three consecutive years. That three-year window is the statutory outer limit; employer and employee may agree to a shorter period.
On termination, the employer must pay cash for all unused annual leave days. The calculation uses the daily wage rate in effect at the time of termination. This obligation applies regardless of the reason for separation. For context, similar encashment-on-exit rules apply under the leave policy in India, making Vietnam a familiar framework for employers managing headcount across both markets.
Encashment during active employment is not required by statute. Employers may offer it at their discretion as part of a broader benefits package.
- Sick leave, maternity leave, paternity leave, and child-care leave carry no carry-forward or encashment rights. These are VSS-funded benefits tied to qualifying events.
- Bereavement and marriage leave must be taken at the time of the qualifying event. Neither type carries forward.
Best Practices for Managing Leave Compliantly in Vietnam
Compliant leave management in Vietnam requires consistent documentation and clear internal processes. Four practices reduce audit risk and keep payroll accurate.
- Maintain a written leave policy that names Labour Code No. 45/2019/QH14 and Law on Social Insurance No. 41/2024/QH15 explicitly. Distribute it to all employees in Vietnamese.
- Track VSS-funded leave (sick, maternity, paternity, child-care) separately from employer-paid leave in your payroll system. Accurate separation supports correct reimbursement claims from VSS.
- Document all leave requests and approvals in writing. Retain medical certificates and birth or adoption certificates for VSS audit purposes.
- Notify employees of Tet and National Day holiday schedules at least 30 days in advance, as required by MOLISA guidance. Apply substitute-day rules when public holidays fall on weekends.
Working with a best employer of record gives your team a structured employment operating layer that tracks these obligations centrally, reducing the risk of missed filings or incorrect VSS claims.
Managing Leave Policy in Vietnam with Gloroots
Vietnam's leave framework spans two primary statutes: Labour Code No. 45/2019/QH14 and Law on Social Insurance No. 41/2024/QH15. Leave is funded from two separate sources, employer payroll and the Vietnam Social Security fund (VSS), which creates payroll complexity for foreign companies operating without a local entity.
Gloroots tracks leave balances, processes VSS reimbursement claims, and integrates both employer-paid and VSS-funded leave into a single payroll run. Statutory document management and compliance reporting are handled within the same platform, giving finance and HR teams centralized visibility across all leave types.
Vietnam's leave rules also change. The 2026 amendments introduce seven months of maternity leave for a second child and ten days of paternity leave for second-child births. Gloroots monitors statutory changes and updates configurations before amendments take effect, so employers stay compliant without manual intervention. See pricing for country-specific plan details.
Frequently Asked Questions About Leave Policy in Vietnam
How many annual leave days are employees entitled to in Vietnam?
Employees are entitled to a minimum of 12 working days of annual leave per year under Labour Code No. 45/2019/QH14.
This entitlement increases by one additional day for every five years of continuous service with the same employer, so a 10-year employee receives 14 days.
Who pays employees during each type of leave in Vietnam?
Annual leave, bereavement leave, and marriage leave are paid directly by the employer. Sick leave, maternity leave, paternity leave, and parental leave are funded by VSS at statutory rates.
Expatriate employees are generally excluded from VSS coverage, so their leave payments are determined by individual agreement between the employer and the employee.
Is unused annual leave paid out when employment ends?
Yes. If an employee has unused annual leave days at the time of termination, the employer must pay out those days in cash.
The payout is calculated based on the employee's actual daily wage. Employees cannot forfeit accrued annual leave without compensation under Vietnamese labour law.
What is the paternity leave entitlement and when must it be taken?
Paternity leave ranges from 5 days for a natural birth to 14 days for twins delivered by caesarean section. Fathers receive an additional 3 days for each child beyond the second in a multiple birth.
Leave must be taken within 30 days of the birth. VSS pays 100% of the father's salary from the month before leave begins for Vietnamese nationals enrolled in social insurance.
What conditions must be met to qualify for maternity leave benefits?
Female employees must have contributed to VSS for at least six months within the 12 months before the expected birth date to qualify for VSS-funded maternity leave payments.
Employees who meet this threshold receive 100% of their average monthly salary over the six months before leave, subject to a cap of 20 times the statutory minimum common salary.
What happens when a public holiday falls on a weekend?
When a public holiday falls on a Saturday or Sunday, employees are entitled to a substitute day off on the following Monday or the next working day.
This rule applies to all 11 statutory public holidays in Vietnam. Employers must grant the substitute day and cannot replace it with additional pay instead of time off.
How many days of annual leave are employees entitled to in Vietnam?
Labour Code No. 45/2019/QH14 sets three tiers: 12 days for normal working conditions, 14 days for heavy, hazardous, or toxic work or for minor and disabled employees, and 16 days for extremely hazardous conditions.
Entitlement increases by one day for every five years of continuous service with the same employer. Employees with under 12 months of service receive leave proportional to months worked.
Who pays for sick leave, maternity leave, and paternity leave in Vietnam?
Sick leave, maternity leave, paternity leave, and child-care leave are funded by the Vietnam Social Insurance Authority (VSS), not the employer. Benefits are paid at 75 to 100 percent of the employee's prior month salary, depending on leave type.
Annual leave, bereavement leave, and marriage leave are employer-paid. Employers must register employees with VSS and submit required documentation to enable VSS reimbursement for qualifying leave events.
What happens to unused annual leave when an employee leaves the company?
Under Labour Code No. 45/2019/QH14 Article 113(3), employers must pay cash for all unused annual leave days upon termination. The payout is calculated at the daily wage rate in effect at the time of termination.
During employment, carry-forward of unused leave requires employer-employee agreement and may be aggregated for up to three years. There is no statutory right to encash unused leave while still employed.
How much paternity leave is a father entitled to in Vietnam?
Paternity leave entitlement depends on birth circumstances: 5 days for a normal birth, 7 days for a C-section, 10 days for natural twins, and 14 days for twins born by C-section. An additional 3 days apply for each child beyond the second in a multiple birth.
Leave must be taken within 30 days of the child's birth. The Vietnam Social Security (VSS) pays 100% of the prior month's salary. From 1 July 2026, fathers whose wives give birth to a second child are entitled to 10 working days.
What are the eligibility conditions for maternity leave benefits in Vietnam?
To qualify for VSS-funded maternity cash benefits, a female employee must have contributed to social insurance for at least 3 months within the 12 months immediately before childbirth. Employees who do not meet this threshold receive no VSS maternity payments.
The six-month maternity leave entitlement (seven months for a second child from 1 July 2026) is a Labour Code right under Law on Social Insurance No. 41/2024/QH15. The cash benefit, however, depends entirely on meeting the social insurance contribution threshold.
What happens when a public holiday falls on a weekend in Vietnam?
Under Labour Code No. 45/2019/QH14 Article 111(3), when a public holiday falls on an employee's regular weekly rest day, the employee receives a compensatory day off on the following working day.
This substitute day rule applies to all statutory public holidays. Employers must account for these compensatory days when publishing annual holiday schedules and must notify employees of Tet and National Day schedules at least 30 days in advance.
Are independent contractors in Vietnam entitled to statutory leave?
No. Independent contractors in Vietnam are not entitled to statutory leave, social insurance contributions, severance pay, or job-loss allowance under the Vietnamese Labour Code. These entitlements apply only to employees engaged under a labour contract.
Companies engaging workers as independent contractors should assess the nature of the working relationship carefully. Misclassification can result in back-payment of social insurance contributions, leave entitlements, and penalties under Labour Code No. 45/2019/QH14.
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