Status: Content filled via web research.
Local currency: VND (Vietnamese Dong)
Governing law: Bo luat Lao dong 2019 (Labor Code No. 45/2019/QH14), effective January 1, 2021
法條：🟢 — Labor Code 2019, Article 113
內容：
Employees who have worked for a full 12 months for an employer are entitled to paid annual leave as follows:
| Working condition | Annual leave entitlement |
|---|---|
| Normal working conditions | 12 working days |
| Hazardous, dangerous, or arduous occupations (per MOLISA list) | 14 working days |
| Especially hazardous, dangerous, or arduous occupations | 16 working days |
| Minors (under 18) | 14 working days |
| Employees with disabilities | 14 working days |
🟢
年資遞增：For every 5 years of continuous service with the same employer, the employee is entitled to 1 additional day of annual leave (Article 114). 🟢
未滿一年之比例計算：Employees who have worked less than 12 months are entitled to proportional annual leave calculated by the number of months worked (Article 113, paragraph 2). 🟢
排班與使用：
未休假補償：If the employee has not used or has not fully used their annual leave entitlement at the time of resignation or contract termination, the employer must pay the employee for unused leave days (Article 113, paragraph 3). 🟢
例外：Travel time for annual leave (if required to travel by road or waterway) is not counted as annual leave, up to 2 days for round-trip travel (Article 116). 🟢
罰則：Failure to provide statutory annual leave entitlement — administrative fines under Decree 12/2022/ND-CP: VND 2,000,000-5,000,000 per employee (for employers with 1-10 employees), scaling up for larger workforces. 🟢
法條：🟢 — Labor Code 2019, Article 112
內容：
Employees are entitled to 11 days of fully paid public holidays per year:
| Holiday | Days | Date(s) |
|---|---|---|
| New Year's Day (Tet Duong lich) | 1 day | January 1 |
| Lunar New Year (Tet Nguyen Dan) | 5 days | 1 day before + 3 days of + 1 day after Lunar New Year's Day |
| Hung Kings' Commemoration Day (Gio To Hung Vuong) | 1 day | 10th day of 3rd lunar month |
| Reunification Day (Ngay Giai phong mien Nam) | 1 day | April 30 |
| International Labour Day (Ngay Quoc te Lao dong) | 1 day | May 1 |
| National Day (Quoc khanh) | 2 days | September 2 and 1 adjacent day (September 1 or September 3, decided annually by the Prime Minister) |
Total: 11 days 🟢
代休規定：If a public holiday falls on a weekly rest day (typically Sunday), the employee is entitled to a compensatory day off on the next working day (Article 112, paragraph 3). 🟢
外國員工：Foreign employees working in Vietnam are additionally entitled to 1 day for their country's traditional New Year holiday and 1 day for their country's National Day — in addition to all Vietnamese public holidays (Article 112, paragraph 2). 🟢
加班費：Employees required to work on a public holiday are entitled to at least 300% of normal daily wages (Article 98, paragraph 1(c)). 🟢
法條：🟢 — Social Insurance Law 2014, Articles 25-29
內容：
Sick leave in Vietnam is funded through the social insurance (BHXH) sickness benefit regime, not directly by the employer. The employer's obligation is to allow the leave; the social insurance fund pays the benefit.
Eligibility: Employees participating in compulsory social insurance who have a medical certificate from an authorized medical facility. 🟢
Duration limits (per calendar year, for non-occupational illness):
| Social insurance contribution period | Normal conditions | Hazardous/arduous conditions |
|---|---|---|
| Less than 15 years | 30 working days | 40 working days |
| 15 to less than 30 years | 40 working days | 50 working days |
| 30 years or more | 60 working days | 70 working days |
🟢
Long-term illness: For diseases on the MOLISA prescribed list of long-term illnesses (cancer, tuberculosis, HIV/AIDS, etc.), the maximum is extended to 180 days per episode, including public holidays, Tet, and weekends. If further treatment is needed beyond 180 days, the employee continues on reduced-rate sick leave. 🟢
給付水準：
付款來源：Benefits are paid by the social insurance fund (BHXH), not the employer. The employer does not pay the employee's salary during sick leave (beyond any CBA or policy top-up). 🟢
2024 修法：Social Insurance Law 2024 (effective July 1, 2025) adds provisions for partial-day sick leave calculation and maintains the health insurance coverage by the social insurance fund during sick leave periods of 14+ working days per month. 🟢
法條：🟢 — Labor Code 2019, Articles 137-139; Social Insurance Law 2014, Articles 31-38
內容：
Duration: Female employees are entitled to 6 months (180 days) of maternity leave, including pre-birth leave and post-birth leave. 🟢
| Aspect | Rule |
|---|---|
| Total maternity leave | 6 months |
| Pre-birth leave | Up to 2 months before expected due date |
| Post-birth leave (minimum) | 4 months (mandatory) |
| Multiple births | Additional 1 month per additional child |
| Miscarriage / abortion | 10 days (< 5 weeks) to 50 days (25+ weeks) |
🟢
給付水準：100% of the average of the 6 months' salary on which social insurance contributions were based, immediately prior to the leave. Paid by the social insurance fund (BHXH), not the employer. 🟢
一次性生育補助：In addition to monthly maternity benefit, a lump-sum childbirth allowance equal to 2 times the base salary (luong co so) at the time of birth is paid per child. 🟢
就業保護：
提前復職：The female employee may return to work before the end of the 6-month leave, but only after at least 4 months have elapsed, with a medical certificate confirming early return will not endanger her health, and with the employer's agreement. In this case, she continues to receive the BHXH maternity benefit in addition to her salary. 🟢
法條：🟢 — Social Insurance Law 2014, Article 34
內容：
Male employees whose wives give birth are entitled to paid paternity leave as follows:
| Scenario | Paternity leave entitlement |
|---|---|
| Normal birth | 5 working days |
| Birth by caesarean section | 7 working days |
| Multiple births (twins or more) | 10 working days (normal birth) |
| Multiple births by caesarean section | 14 working days |
| Birth before 32 weeks or newborn weighing under 1.5 kg | 14 working days |
🟢
給付水準：Paid by the social insurance fund (BHXH) at 100% of the average of the 6 months' salary on which contributions were based. 🟢
使用期限：Paternity leave must be taken within 30 days from the date of delivery (Article 34, paragraph 2). 🟢
法條：🟢 — Labor Code 2019, Article 138; Social Insurance Law 2014, Article 33
內容：
Vietnam does not have a separate, extended "parental leave" scheme comparable to the EU model. However, the following provisions offer parental-type protection:
限制：There is no unpaid parental leave right in the Labor Code. Any extended leave beyond the statutory maternity/paternity period depends on employer policy or CBA. 🟠
立法背景：
重要判決／函釋：
實務灰色地帶：
近年修法趨勢：
mexico：🔶 差異 — Mexico now offers 12 days annual leave (first year) with steeper progression; Vietnam offers 12 days with slower seniority increment (+1 per 5 years). Mexico's sick leave is partially employer-funded; Vietnam's is fully BHXH-funded. Mexico maternity is 12 weeks vs Vietnam 6 months.brazil：🔶 差異 — Brazil offers 30 calendar days annual leave vs Vietnam 12 working days. Brazil employer pays first 15 days of sick leave; Vietnam BHXH pays from day 1. Both have generous maternity leave (Brazil 120-180 days, Vietnam 180 days).taiwan：🔶 差異 — Taiwan annual leave is seniority-tiered (3-30 days); Vietnam has a flat 12-day base + seniority. Taiwan has a separate Labor Insurance sick leave scheme. Both share the Lunar New Year holiday tradition.china：🔷 相似 — Both socialist-origin labor codes with social-insurance-funded sick and maternity leave. China's annual leave (5-15 days) is less generous than Vietnam's (12 days base). Both have Lunar New Year holidays (China 3 days statutory vs Vietnam 5 days).🔴高風險 — Termination of pregnant employees: Dismissing a pregnant employee, an employee on maternity leave, or an employee raising a child under 12 months is prohibited. Violations result in reinstatement + back-pay liability + administrative fines of VND 50,000,000-75,000,000.
🔴高風險 — Social insurance arrears affecting employee benefits: If the employer is delinquent on social insurance contributions, employees may be denied BHXH maternity and sickness benefits. The employer becomes directly liable for the full amount the employee would have received. BHXH arrears also carry penalty interest of 2x the average interbank rate.
🟡中等風險 — Public holiday overtime without premium pay: Requiring employees to work on public holidays without paying the 300% wage premium exposes the employer to administrative fines and employee complaints. MOLISA labor inspectors increasingly target holiday pay compliance.
🟡中等風險 — Failure to compensate unused annual leave: Upon termination, employers must pay for all accrued, unused annual leave. Failure to do so is a common basis for labor complaints filed with the district-level labor mediation system.