How long are employees in Vietnam entitled to reserve their annual leave?

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Question date: 30/08/2022

With regard to the provision for annual leave. Please ask, according to the regulations, how long are workers in Vietnam entitled to reserve their annual leave? Please advice.

    • In Article 113 of the Labor Code 2019, there are provisions on annual leave as follows:

      1. Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:

      a) 12 working days for employees who work in normal working conditions;

      b) 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;

      c) 16 working days for employees who do highly laborious, toxic or dangerous works.

      2. An employee who has been working for an employer for less than 12 months will have a number of paid leave days proportional to the number of working months.

      3. An employee who, due to employment termination or job loss, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days.

      4. The employer has the responsibility to regulate the timetable for annual leaves after consultation with the employees and must give prior notice to the employees. An employee may reach an agreement with the employer on taking annual leave in instalments or combining annual leave over a maximum period of up to 03 years.

      5. When an employee takes his/her annual leave before salary payment is due, he/she may receive an advance in accordance with Clause 3 Article 101 of this Labor Code.

      6. When taking annual leave, should the employee travel by road, rail, water and the travel days, the traveling time in excess to 02 days will be added to the annual leave days, and this policy shall only be granted once for an annual leave in a year.

      7. The Government shall elaborate this Article.

      Thus, according to the above-mentioned regulations, in case theemployee in Vietnam does not take all the days off in the year, theemployee in Vietnam can agree with the employer to take annual leave in many times or to take up to 03 years of combined leave once. This issue must be agreed in the work regulations of the unit.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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