Summer vacation of teachers in Vietnam

Summer vacation of teachers in Vietnam (Internet image)

1. Position, roles of teachers in Vietnam

Article 66 of the Education Law 2019 stipulates the positions and roles of teachers as follows:

- Teachers are persons who carry out teaching and educating at educational institutions, except for educational institutions prescribed in point c clause 1 Article 65 of the Education Law 2019.

Teachers working at institutions of preschool education, general education and other educational institutions or teaching elementary-level, intermediate-level are called teachers; teachers of colleges and higher qualifications are called lecturers.

- Teachers play the decisive role in ensuring education quality, hold an important position in society and are honoured by society.

2. Standards of teachers in Vietnam

In Article 67 of the the Education Law 2019, the teachers must:

- Have good morals, ideological and mental qualifications;

- Meet professional standards of teaching position;

- Have skills of updating and upgrading professional capacity and knowledge; and

- Maintain good health as required by the profession.

3. Summer vacation of teachers in Vietnam

Pursuant to Article 3 of Decree 84/2020/ND-CP, summer vacation of teachers is as follows:

+ Annual summer vacation of teachers of institutions for preschool education, institutions for general education, and special schools is 8 weeks, including annual permitted leave;

+ Annual summer vacation of teachers of vocational secondary schools and colleges is 6 weeks, including annual permitted leave;

+ Annual summer vacation of teachers of institutions of higher education shall comply with organizational and operational regulations of the institutions of higher education;

+ In case of any irregularity, emergency cases for prevention of natural disasters, diseases or other emergencies, summer vacation of teachers of institutions for preschool education, institutions for general education, special schools, vocational secondary schools and colleges shall be decided by Minister of Education and Training and Minister of Labor – War Invalids and Social Affairs depending on entitlement.

Note: In addition to summer vacation specified under Clause 1 of Article 3 of Decree 84/2020/ND-CP, teachers shall benefit from other vacations according to the Labor Code 2019.

- Based on school year plans prescribed by Ministry of Education and Training and specific local conditions, Chairpersons of People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”) shall decide on beginning of summer vacation of teachers of institutions for preschool education, institutions for general education, and special schools in the areas.

Pursuant to Point b Clause 1 of Article 3 of Decree 84/2020/ND-CP, principals of vocational secondary schools and colleges shall decide on the beginning of summer vacation of teachers satisfactory to training plans and specific conditions of each education institution.

- Summer vacation of teachers in education institutions affiliated to Ministry of National Defense and Ministry of Public Security shall conform to separate regulations of the Government.

4. Some regulations on rest periods of teachers and lecturers under the Labor Code in Vietnam

4.1. Rest breaks during working hours

Article 109 of the Labor Code 2019 stipulates as follows:

- An employee who works for at least 06 hours per day under Article 105 of the Labor Code 2019 shall be given a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes.

If a shift lasts at least 06 consecutive hours, the rest break will be included in the working hour.

- In addition to the rest break prescribed in Clause 1 of Article 105 of the Labor Code 2019, the employer shall determine other short breaks and specify that in the internal labor regulations.

4.2. Breaks between shifts

Article 110 of the Labor Code 2019 stipulates breaks between shifts as follows:

An employee who performs shift work is entitled to a break of at least 12 hours before beginning another shift.

4.3. Weekly breaks

Article 111 of the Labor Code 2019 provides for weekly leave as follows:

- Each week an employee is entitled to a break of at least 24 consecutive hours.

Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.

- The employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.

- In case a public holiday falls on an employee’s weekly break coincide with a public holiday as prescribed in Clause 1 Article 112 of the Labor Code 2019, he/she will have compensatory time-off on the next working days.

4.4. Public holidays

Pursuant to Article 112 of the the Labor Code 2019, public holidays are as follows:

- Employees shall be entitled to fully paid days off on the following public holidays:

+ Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);

+ Lunar New Year Holidays: 05 days;

+ Victory Day: 01 day (the 30th of April of the Gregorian calendar);

+ International Labor Day: 01 day (the 1st of May of the Gregorian calendar);

+ National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);

+ Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).

- Foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated in Clause 1 of Article 112 of the the Labor Code 2019.

4.5. Annual leave

Article 113 of the Labor Code 2019 provides for annual leave 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.

4.6. Increased annual leave by work seniority

In Article 114 of the Labor Code 2019 stipulates that annual leave increases according to seniority 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.

4.7. Personal leave, unpaid leave

Article 115 of the Labor Code 2019 stipulates personal leave, unpaid leave as follows:

- An employee is entitled to take a fully paid personal leave in the following circumstances, at long at is notified to the employer in advance:

+ Marriage: 03 days;

+ Marriage of his/her biological child or adopted child: 01 day;

+ Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.

- An employee is entitled to take 01 day of unpaid leave and must inform the employer in the case of the death of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling.

- The employee may negotiate with his/her employer on taking unpaid leave other than the leave stipulated in Clause 1 and Clause 2 of Article 115 of the Labor Code 2019.

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