Foreign experts used to 20-25 statutory leave days at home are often surprised that Vietnam legal minimum is lower. But the statutory figure is only a floor: the contract and company policy decide the expert real number. Under Article 113 of the Labour Code 2019, statutory annual leave is 12 working days (14 for heavy and hazardous jobs; 16 for the special group), plus 1 day for every 5 years of seniority under Article 114.
1. Applicable legal framework
- Article 113 clause 1 — statutory days: 12 working days for normal conditions; 14 days for heavy, hazardous and dangerous jobs and statutory special cases; 16 days for especially heavy, hazardous and dangerous jobs.
- Article 113 clause 2 — incomplete years: leave days are prorated to the months actually worked in the year.
- Article 114 clause 1 — seniority: every full 5 years of service with one employer adds 1 day of annual leave.
- Article 113 clause 3 and Article 114 — leave pay: workers leaving with unused leave are paid salary for the untaken days; leave-day salary is paid in advance of the leave or within the pay cycle by agreement, and the leave schedule is decided by the employer after consulting the worker.
2. Practical analysis
- Experts usually hold above-statutory leave by contract. International assignment packages commonly carry 20 or more days including home leave; the contract should separate the statutory part from the company top-up, because the two parts may be treated differently on exit payment if the policy is silent.
- “Working days” exclude weekly rest days and holidays. When expert leave overlaps public holidays, those holidays are not deducted from the leave balance; payroll and leave systems must be configured on this point or expert balances are systematically over-deducted.
- Carry-over of unused leave needs an express rule. The law imposes no mandatory carry-over mechanism; the company leave policy decides how many days carry, their use-by window and whether they are paid out — applied uniformly to experts and Vietnamese staff to avoid discrimination complaints.
- Expert leave schedules tie to home-leave flights. Many assignment packages combine annual leave with home-country flight tickets; synchronising leave approval with the ticket policy makes the expert entitlement operate as one package instead of two separate procedures.
3. What the company should do
- State in expert contracts: total leave days (statutory plus company top-up), first-year proration, the carry-over mechanism and exit payment treatment.
- Configure the leave system to exclude weekly rest days and public holidays from leave deductions; reconcile expert leave balances quarterly alongside insurance reconciliation.
- Issue a unified leave policy stating that schedules are decided by the company after consulting workers, with the leave-plus-flight process for assigned staff.
This article provides general information only and is not legal advice for a specific case. Regulations may change; please check the current texts before acting.
Frequently Asked Questions
1. How many days of annual leave does the law provide?
Under Article 113 of the Labour Code 2019: 12 working days for normal conditions, 14 for heavy, hazardous and dangerous jobs, 16 for especially heavy, hazardous and dangerous jobs; plus 1 day per 5 years of service with the same employer under Article 114. Contracts and companies may grant more.
2. How is annual leave calculated for foreign workers?
Like Vietnamese staff: by job condition (12/14/16 days), prorated in the first year by months worked, with 1 day added per 5 years of seniority. Anything above the statutory level comes from the expert contract or company policy and should be written down.
3. Is annual leave paid?
Yes. Annual leave days are paid leave; leave salary is paid before the leave period or within the pay cycle as agreed between the company and the worker.
4. Is unused leave paid out on exit?
Yes. Under Article 113 clause 3 of the Labour Code 2019, a worker who resigns or loses the job with leave untaken is paid salary by the company for the unused days up to termination.
5. Can leave be carried over to the next year?
The law sets no mandatory carry-over; transfer, day counts and use-by windows are decided by the company leave policy and agreements. Experts should check their company policy rather than assume automatic carry-over.
This article has been quality-reviewed by the FLAW AI Legal Council