Determination of annual leave in special cases in Vietnam

Determination of annual leave in special cases in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer  as follows:

1. Determination of annual leave in special cases in Vietnam

According to Article 66 of Decree 145/2020/ND-CP, the determination of annual leave days in special cases is as follows:

- The number of annual leave days of an employee who has worked for less than 12 months mentioned in Clause 2 Article 113 of the Labor Code equals (+) annual leave days plus (+) extra leave days (if any) divided by (:) 12 months multiplied by (x) actual working months in the year.

- In case an employee has an incomplete month of work, it will be considered a complete month (01 month) if the total working days and paid leave days (holidays, annual leave, personal leave prescribed in Article 112, Article 113, Article 114 and Article 115 of the Labor Code) make up of at least 50% of the normal working days of the month.

- The entire period of time over which the employee works at state organizations and state-owned enterprises shall be included in the working time as the basis for determination of extra leave days according to Article 114 of the Labor Code if the employee keeps working at such state organizations and state-owned enterprises.

2. Regulations on annual leave for employees in Vietnam

Regulations on annual leave for employees under Article 113 of the Labor Code 2019 are as follows:

- 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:

+ 12 working days for employees who work in normal working conditions;

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

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

- 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.

- 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.

- 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.

- 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 the Labor Code 2019.

- 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.

3. Increased annual leave by work seniority in Vietnam

Increased annual leave by work seniority in accordance with Article 114 of the Labor Code 2019 as follows:

The annual leave of an employee as prescribed in Clause 1 Article 113 of the Labor Code 2019 shall increase by 01 day for every 05 years of employment with the same employer.

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