Vietnam Leave Policies: Maternity, Paternity, Sick Leave, and Annual Leave (2026)

Vietnam's Labor Code 2019 and Law on Social Insurance 2014 provide comprehensive leave entitlements. Female employees receive 6 months of maternity leave at 100% salary paid by social insurance. Male employees receive 5-14 days of paternity leave. All employees receive minimum 12 days of annual leave per year. Vietnam has 11 public holidays annually.

What Maternity Leave Do Employees Get in Vietnam?

Female employees in Vietnam receive 6 months (180 days) of maternity leave. Social insurance pays 100% of the employee's average salary of the 6 months preceding leave. The employer does not pay salary during maternity leave: the benefit comes entirely from the Social Insurance Fund. The employee must have paid social insurance for at least 6 months within the 12 months preceding childbirth.

The 6-month leave begins up to 2 months before the expected due date. The employee can return to work after 4 months if she wishes, subject to employer agreement and medical clearance. Early return grants the employee both the remaining maternity benefit and her salary. Multiple births add 1 month of leave per additional child.

Employers cannot terminate a female employee during pregnancy, maternity leave, or while nursing a child under 12 months. An employee returning from maternity leave is guaranteed her previous position. If the position no longer exists, the employer must offer an equivalent position at equal or higher salary.

What Paternity Leave Do Male Employees Get in Vietnam?

Male employees receive paternity leave paid by social insurance. The duration depends on the type of birth. Natural birth: 5 working days. Cesarean section: 7 working days. Twins or multiple births: 10 working days for natural birth, 14 working days for cesarean. The leave must be taken within 30 days of the child's birth.

Paternity leave is paid at 100% of the employee's average salary from the Social Insurance Fund. The employee must have been contributing to social insurance at the time of the child's birth. Fathers of children born through surrogacy are also entitled to paternity leave under the same conditions.

What Sick Leave Entitlements Apply in Vietnam?

Sick leave in Vietnam is paid by social insurance, not the employer. The number of sick leave days depends on the employee's tenure and working conditions. Normal working conditions: 30 days/year (for <15 years SI contributions) or 40 days/year (15+ years). Hazardous working conditions: 40 days/year (<15 years) or 50 days/year (15+ years).

Sick leave requires a medical certificate from a recognized medical facility. The employer does not pay sick leave wages: social insurance pays 75% of the employee's social insurance contribution base. Unused sick leave does not carry over to the following year.

How Many Annual Leave Days Do Employees Get in Vietnam?

Vietnamese employees receive minimum 12 working days of annual leave per year. Employees in hazardous or difficult conditions receive 14 days. Employees in especially hazardous conditions receive 16 days. Annual leave increases by 1 day for every 5 years of tenure with the same employer.

Annual leave is paid at the employee's normal salary rate. Unused annual leave can be carried over to the first quarter of the following year by agreement. Unused leave at termination must be paid out. The payment is calculated based on the employee's daily wage rate multiplied by unused leave days.

What Public Holidays Does Vietnam Observe?

If a public holiday falls on a weekly rest day (typically Sunday), the employee gets the following working day off. Foreign employees receive 1 additional day for their national day and 1 day for their traditional new year. Employees working on public holidays receive 300% of normal salary.

What Other Leave Types Exist in Vietnam?

Marriage leave: 3 paid days for the employee's own marriage. Child's marriage: 1 paid day. Bereavement leave: 3 paid days for death of parent, spouse, or child (biological or in-law). These leave types are paid by the employer at normal salary rate.

Unpaid leave is available by agreement between employer and employee. The Labor Code does not specify a maximum duration for unpaid leave. During unpaid leave, social insurance contributions are suspended. The employee's social insurance book reflects the gap in contributions.

Aniday's EOR Vietnam (Aniday EOR Vietnam) and PEO Vietnam (Aniday PEO Vietnam) services manage all leave tracking, entitlement calculations, and social insurance claims for maternity, paternity, and sick leave.

Does the employer pay maternity leave in Vietnam?

No. Maternity leave is paid entirely by Vietnam Social Insurance Fund at 100% of the employee's average salary of the 6 months before leave. The employer's obligation is to maintain the employee's position and not terminate during the protected period. The employer continues to pay social insurance contributions during maternity leave.

Can sick leave be taken for family member illness?

Yes. Employees can take leave to care for a sick child under 7 years old. Duration: 20 days/year (child under 3) or 15 days/year (child 3-7). Payment: 75% of the social insurance contribution base, paid by social insurance. A medical certificate for the child is required.

How is annual leave calculated for new employees?

Annual leave is prorated for employees who have not completed 12 months of work. Formula: (Number of months worked ÷ 12) × annual leave entitlement. An employee with 12 days annual entitlement who has worked 6 months gets 6 days. Fractions of 0.5 days or more round up to 1 full day.

Is unused annual leave paid out upon termination?

Yes. Upon termination, the employer must pay the employee for all unused annual leave. The payment equals the employee's daily salary multiplied by the number of unused leave days. This applies regardless of the termination reason: whether employer-initiated, employee-initiated, or mutual agreement.

Do public holidays count toward annual leave?

No. Public holidays are separate from annual leave. If a public holiday falls during an employee's annual leave period, that day is counted as a public holiday, not annual leave. The employee effectively gets an extra day of annual leave. Annual leave calculations exclude public holidays and weekly rest days.

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