Vietnamlawmagazine

How many fully paid days off a foreign worker in Vietnam is entitled to every year?

As specified in Article 2.3 of the 2019 Labor Code of Vietnam (the Code) (effective as of January 1, 2021), foreign workers are among subjects of application of the Code and entitled to the following fully paid leaves:

Thirteen days of public holiday leaves

Under Clauses 1 and 2, Article 112 of the Code, workers are entitled to 11-day public holiday leaves as follows:

• New Year holiday: one day (January 1);

• Lunar New Year festival: five days;

• Victory Day: one day (April 30);

• International Labor Day: one day (May 1);

• National Day: two days (September 2 and the preceding day or following day); and,

• Hung Kings’ death anniversary: one day (the 10^th of the third month of the lunar year).

In addition to the above public holidays, a foreign worker in Vietnam is entitled to two more days off, one on the traditional New Year holiday and the other on the National Day of his/her country.

A Japanese expert provides instructions to workers of the SUMI Vietnam Wiring Systems Co., Ltd., Dong Van industrial park, Ha Nam province__Photo: Dai Nghia/VNA

A Japanese expert provides instructions to workers of the SUMI Vietnam Wiring Systems Co., Ltd., Dong Van industrial park, Ha Nam province__Photo: Dai Nghia/VNA

At least 12 days of annual leave

Under Article 113.1 of the Code, an employee who has been working for his/her employer for full 12 months or more is entitled to a fully paid annual leave of:

• Twelve working days, for workers working in normal conditions;
• Fourteen working days, for workers performing heavy, hazardous or dangerous jobs or working in areas with harsh living conditions, or juvenile workers, or workers who are persons with disabilities; or,
• Sixteen working days, for workers performing particularly heavy, hazardous or dangerous jobs or working in areas with extremely harsh living conditions.

In addition, seniority workers are entitled to one more day off for every five working years.

For an employee with less than 12-month working seniority, the number of fully paid annual leave days will be calculated in proportion to his/her working period.

The above provisions are applicable to both Vietnamese and foreign workers without any disparity.

Can foreign workers take personal leaves as their Vietnamese colleagues?

Foreign employees are entitled to fully paid annual leaves and personal leaves like Vietnamese workers.

Specifically, a foreign worker may take personal leaves and unpaid leaves as provided in Article 115 of the Code as follows:

• Number of days off he/she is entitled to as a fully paid personal leave:

• His/her marriage: three days;

• Marriage of his/her child: one day; and,

• Death of his/her blood parent or parent-in-law; his/her spouse; or his/her child: three days.

• In case of death of his/her paternal or maternal grandparent or sibling, or in case of the marriage of his/her parent or sibling, a foreign worker is entitled to one unpaid day off.

Foreign workers may also take other unpaid leaves, provided their employers so agree.-