Working time, annual time off of high school teachers in Vietnam 2023

Working time, annual time off of high school teachers in Vietnam 2023 (Internet image)

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

1. Working time, annual time off of high school teachers in Vietnam 2023 

According to Article 5 of Circular 28/2009/TT-BGDDT (amended in Circular 15/2017/TT-BGDDT) regulations on working time and annual time off of high school teachers in Vietnam are as follows:

* Regarding working time

(1) The working time of primary school teachers in the school year is 42 weeks, in which:

- 35 weeks for teaching and educational activities in accordance with the school year time plan.

- 05 weeks for learning and improving skills.

- 01 week for preparing for the new school year.

- 01 week for summarizing the school year.

(2) The working time of middle school and high school teachers in the school year is 42 weeks, of which:

- 37 weeks for teaching and educational activities in accordance with the school year plan.

- 03 weeks for learning and improving skills.

- 01 week for preparing for the new school year.

- 01 week for summarizing the school year.

(3) The working time of a university preparatory school teacher is 42 weeks, in which:

- 28 weeks for teaching and educational activities according to the provisions of the school year plan;

- 12 weeks for studying, fostering to improve qualifications, developing documents, doing scientific research, and a number of other activities according to the school year plan;

- 01 week for the preparation of the new school year;

- 01 week for summarizing the school year

* Regarding annual time off

Teachers' annual time off includes: summer vacation, the Lunar New Year holiday, semester break, and other holidays, specifically as follows:

- The teacher's annual summer vacation is 02 months (including annual leave according to the provisions of the Labor Code), with full salary and allowances (if any).

- The time for Lunar New Year holidays and semester breaks as prescribed by the Minister of Education and Training;

- Other days off as prescribed by the Labor Code.

Based on the school year plan, size, characteristics, and specific conditions of each school, the Principal shall arrange the annual leave time for teachers in a reasonable manner in accordance with regulations.

2. Regulations on annual leave according to the Labor Code

According to Article 113 of the Labor Code 2019, the annual leave is 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.

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