Annual leave in Vietnam

Hi DMS Attorney in Vietnam! Will I be paid for unused annual leave ? Can the employer pay an employee in lieu of annual leave? Can you advise me about annual leave in Vietnam and related issues ? Thanks!

Hi!

Annual leave in Vietnam:

An employee who has been working for an employer for full 12 months shall be entitled to a fully paid annual leave as stated in his/her labor contract as follows:

12 working days for an employee working in normal conditions;

14 working days for an employee doing a heavy, hazardous or dangerous job; or an employee working in a place with harsh living conditions on the list issued by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health, or for minor or disabled employees;

16 working days for an employee doing an extremely heavy, hazardous or dangerous job; an employee working in a place with extremely harsh living conditions on the list issued by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health.

The employer is entitled to the annual leave schedule after consulting with the employees and shall notify it in advance to them.

An employee may agree with the employer on taking annual leave in installments or combining annual leave of maximum every three years.

When taking annual leave, if an employee travels by road, railway or waterway vehicles and the return trip takes more than 02 days, the travel days from the 3rd day onward will be calculated in addition to the annual leave and this will be applied for only one annual leave in a year (Article 111, the Labor Code No. 52/VBHN-VPQH dated December 10, 2018).

Annual leave increased based on the length of employment:

Every 05 working years for an employer, the number of annual leave of the employee as prescribed in Clause 1 of Article 111 of this Code shall be increased 01 day accordingly (Article 112, the Labor Code No. 52/VBHN-VPQH dated December 10, 2018).

Advance of salary and traveling expenses for the annual leave:

When taking annual leave, an employee is entitled to an advance payment at least equal to the salary of the days-off.

Travel expenses and the wage paid for traveling days may be agreed by the two parties.

For employees who come from lowland areas and work in mountainous, remote, border or island areas and employees who come from mountainous, remote, border or island areas and work in lowland areas are entitled to travel expenses and wages for traveling days paid by their employers (Article 113, the Labor Code No. 52/VBHN-VPQH dated December 10, 2018).

Payment for untaken leave days:

An employee who, due to employment termination, job loss or for other reasons, has not taken or not fully taken annual leave is entitled to a cash payment for the untaken leave days.

An employee whose period of employment is less than 12 months shall be entitled to annual leave calculated in proportion to the period of employment. In case of not taking leave, he/she is entitled to a cash payment for the untaken leave days.

Related topics:

Recruit and use labor in Vietnam ?

Can an employer unilateral terminate a labor contract prior to its expiry ?

Consulting services:

Phone: 0914 165 703 or email: dmslawfirm@gmail.com

Payment for Unused Annual Leave in Vietnam