Annual Leave Rights in Vietnam: 12-16 Days Explained

Foreign teachers and ESL educators in Vietnam receive 12-16 days of paid annual leave annually after completing 12 months of continuous service, with the exact entitlement depending on work conditions. Under Vietnam’s Labor Code 2019 (Article 113), employees in normal working conditions get 12 days, while those in hazardous roles receive 14-16 days. This annual leave is separate from 11 public holidays, and foreign workers get 2 additional days for their home country’s National Day and traditional New Year. After 5 years with the same employer, you earn +1 extra day of leave per 5-year period (Article 114). Teachers working less than 12 months receive pro-rated leave calculated as (annual entitlement ÷ 12 × months worked).

Understanding your annual leave rights under Vietnamese labor law is crucial for foreign language teachers planning to work in Vietnam or already employed at language centers, international schools, or universities. This comprehensive guide breaks down the 12-16 day range, explains the legal framework under the Labor Code 2019, and provides practical calculations for teachers on different contract types. Whether you’re negotiating your first teaching contract or verifying your current employment benefits, knowing the legal minimums ensures you receive fair treatment and can plan your time off effectively.

How Many Days of Annual Leave Do Foreign Teachers Get in Vietnam?

Foreign teachers in Vietnam receive 12 days of paid annual leave per year after completing 12 months of continuous service under normal working conditions, as stipulated in Article 113 of Vietnam’s Labor Code 2019. This is the standard entitlement for most ESL/EFL teachers working at language centers, universities, and international schools. The 12-day minimum applies regardless of whether you’re employed full-time or work a standard teaching schedule of 20-25 hours per week.

The Labor Code 2019, which took effect on January 1, 2021, replaced the previous 2012 version and established clear minimum standards for all employees in Vietnam, including foreign workers. The 12-month continuous service requirement means you must work for the same employer for a full year before becoming eligible for your complete annual leave entitlement. “Continuous service” includes your probation period (typically 30-60 days for teachers), any paid sick leave, and time spent on vocational training arranged by your employer.

Many teaching job advertisements in Vietnam promote “23 paid days off” or similar figures. This number typically combines your 12 days of annual leave with 11 public holidays, which are legally separate entitlements. Understanding this distinction helps you accurately evaluate job offers and avoid confusion about your actual vacation time.

Key points for teachers:

• Base entitlement: 12 working days per year for normal conditions
• Service requirement: 12 consecutive months with same employer
• Starting date: Your leave entitlement activates after your first-year anniversary
• Pro-rata accrual: You earn approximately 1 day per month worked, though you cannot officially use your full entitlement until completing 12 months
• Contract renewals: Each contract renewal with the same employer continues your service record for seniority calculations

Most language centers and international schools in Vietnam schedule their leave policies around academic calendars, with many teachers taking leave during summer breaks (June-August) or between semesters. However, Article 113 Clause 4 requires employers to consult with employees when setting the leave schedule, giving you some input on when you can take your days off.

What’s the Difference Between 12, 14, and 16 Days of Annual Leave in Vietnam?

The annual leave entitlement in Vietnam ranges from 12 to 16 days depending on work conditions and worker categories under Article 113. Standard office workers and most teachers receive 12 days, while minors (under 18), disabled workers, and those in hazardous environments get 14 days. Workers in extremely hazardous occupations receive 16 days. The vast majority of foreign language teachers fall into the 12-day category (normal working conditions) unless working in specialized or genuinely hazardous environments.

Vietnamese labor law categorizes work environments into three tiers based on health and safety risk factors. The Ministry of Labor, Invalids and Social Affairs (MOLISA) maintains official lists of occupations classified as hazardous or extremely hazardous, which primarily include industrial, manufacturing, and construction roles. Teaching English in classrooms, whether at language centers, public schools, universities, or international schools, is classified as “normal working conditions” under this system.

Work Condition	Annual Leave Days	Who This Applies To
Normal conditions	12 days	Most ESL/EFL teachers, office workers, standard employment roles
Hazardous/Toxic/Dangerous work OR Minor (under 18) OR Disabled	14 days	Young teachers, employees with disabilities, workers in harmful environments, jobs on MOLISA hazardous list
Extremely hazardous/toxic/dangerous work	16 days	Workers in severely dangerous occupations, underground mining, toxic chemical exposure (very rare for teachers)

The “normal conditions” category applies to virtually all foreign language teaching positions in Vietnam. Even if you teach in remote or rural areas with challenging living conditions, your classroom teaching duties still fall under normal working conditions for annual leave purposes. The hazardous work classification focuses on physical health risks from environmental factors, toxic substances, or dangerous equipment—none of which apply to standard teaching environments.

Special circumstances for teachers:

• Under 18 years old: If you’re a young teacher under 18 (rare but possible with certain qualifications), you’d receive 14 days regardless of work conditions
• Registered disability: Teachers with officially recognized disabilities receive 14 days under Vietnamese law
• Multiple categories: You receive the highest applicable entitlement if multiple categories apply (e.g., a minor with a disability in normal work would get 14 days, not 12)

The distinction matters primarily for teachers working in specialized educational settings, such as vocational training schools with workshop components or outdoor education programs with significant physical risk factors. In such cases, your employer must officially classify your position with MOLISA, and you’d receive the appropriate higher leave entitlement with documentation in your employment contract.

Do Foreign Teachers Get Extra Leave After 5 Years in Vietnam?

Yes, foreign teachers receive +1 additional day of annual leave for every 5 full years of continuous service with the same employer, as mandated by Article 114 of the Labor Code 2019. This seniority bonus applies cumulatively, meaning after 10 years you’d have 14 days (12 base + 2 bonus), and after 15 years you’d have 15 days (12 base + 3 bonus).

The seniority bonus system rewards long-term employment with the same organization, reflecting Vietnam’s cultural emphasis on loyalty and stable employment relationships. However, the key requirement is “same employer“—if you switch from one language center to another, even within the same city, your seniority counter resets to zero. This differs from some countries where years of service in the same industry or profession might count toward benefits.

Seniority bonus timeline:

• Years 1-4: 12 days annual leave per year
• Years 5-9: 13 days annual leave per year (+1 seniority day)
• Years 10-14: 14 days annual leave per year (+2 seniority days)
• Years 15-19: 15 days annual leave per year (+3 seniority days)
• Years 20-24: 16 days annual leave per year (+4 seniority days)

For career teachers planning to remain in Vietnam long-term, this bonus can significantly increase your time off. A teacher with 20 years of service at the same international school would accumulate 16 days of annual leave plus 11 public holidays and 2 home country holidays, totaling 29 paid days off per year—equivalent to approximately 5.8 weeks of vacation.

Important considerations:

• Contract continuity: Gaps in employment with the same employer may disrupt your continuous service record. If you resign and are rehired by the same school months later, consult your HR department about whether your previous service counts
• Mergers and acquisitions: If your employer is purchased or merges with another company, Vietnamese law generally protects your continuous service record if your employment transfers automatically
• Documentation: Keep copies of all employment contracts, as you may need to prove your continuous service duration when claiming seniority bonuses
• Pro-rated first year: If you complete exactly 5 years, your bonus begins immediately on your 5th anniversary, not at the start of your 6th year

The seniority bonus makes long-term positions at established international schools, universities, or large language center chains more attractive than frequently switching employers, especially if work-life balance and vacation time are priorities in your career planning.

How Many Public Holidays Do Foreign Teachers Get in Vietnam?

Foreign teachers in Vietnam receive 11 paid public holidays per year under Article 112 of the Labor Code 2019, separate from their 12-16 days of annual leave. Additionally, foreign workers are entitled to 2 extra days: one for their home country’s National Day and one for their country’s traditional New Year celebration. This means foreign teachers typically have 13 total public holidays (11 Vietnamese + 2 home country).

Vietnamese public holidays are fixed by government decree each year, with the Prime Minister announcing official dates and any bridge days (additional days off to create longer breaks). The total of 11 public holiday days includes some multi-day celebrations, particularly Tet (Lunar New Year), which accounts for 5 consecutive days of the annual total.

11 Vietnamese Public Holidays (2025 example):

1. New Year’s Day: 1 day (January 1)
2. Tet (Lunar New Year): 5 days (typically late January/early February—in 2025, January 28-February 3 with potential bridge days)
3. Hung Kings’ Commemoration Day: 1 day (10th day of 3rd lunar month—April 7, 2025)
4. Reunification Day: 1 day (April 30)
5. International Labor Day: 1 day (May 1)
6. National Day: 2 days (September 2-3)

Additional public holidays for foreign teachers:

• Your home country’s National Day: For example, July 4 for Americans, July 1 for Canadians, January 26 for Australians, or July 12 for citizens of Northern Ireland
• Your home country’s traditional New Year: If your country celebrates a different New Year than January 1 (such as Chinese New Year for citizens of China, Hong Kong, Taiwan, or Singapore), you get this day off in addition to Vietnam’s Tet holiday

These two additional days specifically recognize that foreign workers may have cultural celebrations important to their national identity. To claim these days, you typically need to notify your employer in advance and may need to provide documentation of the specific dates for your country’s celebrations.

Important rules about public holidays:

• Compensatory days: If a public holiday falls on your regular day off (typically Sunday for most schools), you’re entitled to a compensatory day off on the next working day
• Paid at full salary: Public holidays are paid at 100% of your regular daily rate without requiring you to work
• Overtime rates: If your employer requests you to work during a public holiday, you must receive 300% of your regular hourly rate (triple pay) for those hours worked

Tet holiday considerations for teachers: Most schools and language centers close for 7-10 days during Tet, combining the 5 official public holiday days with bridge days and sometimes requiring teachers to use 1-2 days of annual leave to create an extended break. Schools must notify employees of the Tet schedule at least 30 days in advance (Article 112, Labor Code 2019). Many teachers use this break to travel within Vietnam or return home to their countries.

Understanding the distinction between annual leave (12-16 days that you request based on personal needs) and public holidays (13 days that are fixed by law and calendar) is crucial for planning your year. Your total paid time off combines both categories: 12 days annual leave + 11 Vietnamese public holidays + 2 home country holidays = 25 total paid days off as a baseline for foreign teachers in normal working conditions.

For comprehensive information on how you’re compensated when working during public holidays or outside regular hours, see our detailed guide on What Are Your Overtime and Holiday Pay Rights as a Teacher in Vietnam?

How Is Annual Leave Calculated for Teachers Working Less Than 12 Months?

Teachers who work less than 12 months receive pro-rated annual leave calculated using this formula: Annual leave days = (Base entitlement ÷ 12) × Months worked. For example, a teacher on a standard contract working 6 months would receive (12 days ÷ 12) × 6 = 6 days of annual leave. Vietnam’s Labor Code specifies that partial months count as full months if you’ve worked at least 50% of the standard working days in that month.

The pro-rata system ensures fairness for teachers on short-term contracts, summer programs, or those who join or leave mid-year. Article 113 Clause 2 of the Labor Code 2019 explicitly requires employers to provide proportional leave based on actual time worked, preventing situations where short-term employees would receive zero vacation benefits.

Pro-Rata Calculation Formula (Step-by-Step):

Step 1: Determine your base annual leave entitlement

• Normal conditions = 12 days
• Hazardous work/minor/disabled = 14 days
• Extremely hazardous = 16 days

Step 2: Add any seniority bonus days (if applicable)

• +1 day for each completed 5-year period with the same employer
• Example: Teacher with 7 years service = 12 base + 1 seniority = 13 days total entitlement

Step 3: Divide by 12 to get monthly entitlement

• Standard: 12 days ÷ 12 = 1 day per month
• With seniority: 13 days ÷ 12 = 1.08 days per month

Step 4: Multiply by actual months worked

• Example: 1 day/month × 8 months = 8 days total pro-rated leave

Step 5: Apply the 50% rule for partial months

• If you worked ≥50% of standard working days in a month, count it as a full month
• Standard working days per month varies but averages approximately 20-22 days (excluding weekends)
• If you worked ≥10-11 days in a partial month, it typically counts as a full month for leave calculation

Practical Calculation Examples:

Example 1: 6-Month Summer Teaching Contract

• Contract period: June 1 – November 30 (6 full months)
• Base entitlement: 12 days
• Monthly rate: 12 ÷ 12 = 1 day/month
• Pro-rated leave: 1 × 6 = 6 days of annual leave
• Practical application: Most summer contracts don’t include leave usage due to short duration, but you’re entitled to payment in lieu if unused

Example 2: 9-Month Academic Year Contract

• Contract period: September 1 – May 31 (9 months)
• Base entitlement: 12 days
• Monthly rate: 12 ÷ 12 = 1 day/month
• Pro-rated leave: 1 × 9 = 9 days of annual leave
• Usage pattern: Typically taken during mid-year breaks (Tet holiday period, spring break)

Example 3: Mid-Year Start with Partial Month

• Start date: March 15 (partial month)
• Contract end: December 31
• Full months worked: April-December = 9 full months
• Partial month (March): Worked 17 days out of March (from 15th-31st)
• Standard March working days: approximately 20-22 days
• Percentage worked: 17 ÷ 21 (average) = approximately 81% (>50% threshold)
• Partial month counts as: 1 full month
• Total months for calculation: 9 + 1 = 10 months
• Pro-rated leave: (12 ÷ 12) × 10 = 10 days

Example 4: Contract Ending Mid-Month

• Start date: January 1
• End date: July 15 (mid-month termination)
• Full months: January-June = 6 months
• Partial month (July): Worked 15 days (approximately 11 working days)
• Standard July working days: approximately 21-22 days
• Percentage worked: 11 ÷ 22 = 50% (meets 50% threshold)
• Partial month counts as: 1 full month
• Total months: 6 + 1 = 7 months
• Pro-rated leave: (12 ÷ 12) × 7 = 7 days
• Important: Any unused days must be paid in lieu at termination

What counts as “working time” for annual leave calculations:

• Your probation period (even if at reduced pay)
• Paid sick leave (covered by social insurance)
• Paid public holidays
• Paid personal leave (bereavement, marriage)
• Vocational training arranged by employer (if you continue employment afterward)
• Approved unpaid leave up to 1 month per year
• Temporary work suspension (if not due to your violation of rules)

What does NOT count:

• Unpaid leave exceeding 1 month per year
• Suspension due to disciplinary violations
• Periods of absence without approved leave

The pro-rata system particularly benefits teachers on:

• Summer intensive programs (8-12 weeks)
• Academic year contracts (9-10 months)
• Semester-based positions (4-5 months per semester)
• Substitute or cover positions (variable duration)

Even on short contracts, Vietnamese law protects your right to proportional leave. If your employer claims you’re not entitled to any leave on a 6-month contract, they’re violating Article 113 of the Labor Code 2019. You should receive approximately 1 day of accrued leave for each month worked (for standard 12-day entitlement), which means 6 days total for a 6-month contract or 9 days for a 9-month academic year position.

Can I Carry Over Unused Annual Leave to the Next Year in Vietnam?

Important Legal Clarification: Vietnamese labor law (Labor Code 2019, Article 113) does NOT mandate employers to allow carrying over unused annual leave to the following year. However, if you don’t use your annual leave by year-end, you’re legally entitled to payment in lieu at your regular salary rate upon termination or resignation. You can also agree with your employer to combine annual leave across up to 3 years (Article 113, Clause 4).

Understanding the legal framework: The Labor Code 2019 is silent on mandatory carry-over provisions, which means each employer establishes their own internal policies through company labor regulations. Your specific carry-over rights depend entirely on:

• Your employment contract terms
• Your employer’s internal labor regulations (registered with DOLISA if company has 10+ employees)
• Individual agreements between you and management

Common employer practices (NOT legal requirements): According to employment law resources and labor consultancy documents, many employers in Vietnam—particularly in education sectors—have adopted internal policies that allow:

• Carrying over a limited number of days (commonly 3 days) to the following year
• A deadline for using carried-over leave, typically by March 31 (end of Q1)
• Written approval requirements for carry-over requests

However, these are company policies, not legal mandates. Your employer is NOT legally required to allow any carry-over unless explicitly stated in your contract.

Three main options for unused annual leave:

Option 1: Use it before December 31 (most common) Most employers expect and encourage employees to use their full annual leave entitlement within the calendar year. Schools and language centers often build leave into their academic calendars, scheduling breaks during summer, Tet holiday, or between semesters when student enrollments naturally decline. Taking leave during these designated periods minimizes disruption to teaching schedules.

Option 2: Carry over to next year (company policy dependent) If your employer’s internal regulations permit carry-over:

• Check your employment contract for specific carry-over clauses
• Review internal labor regulations (available from HR)
• Understand the maximum days allowed (varies by employer)
• Note the deadline for using carried-over leave
• Obtain written approval if required by company policy

Important limitations when carry-over is allowed:

• Typically limited to a small number of days (commonly 3 days based on market practice)
• Must be used by a specific deadline (often Q1 of following year)
• May require scheduling restrictions (avoiding busy academic periods)
• No guarantee of carry-over right—subject to operational needs

Option 3: Payment in lieu upon termination (legally required) This is the only carry-over option mandated by law. If you resign, your contract ends, or you’re terminated, Vietnamese law requires your employer to pay you for all unused annual leave days at your regular salary rate. This payment must be included in your final settlement.

Payment formula: Unused leave days × (Monthly salary ÷ Standard working days per month) = Payment in lieu

Example calculation:

• Unused annual leave: 5 days
• Monthly salary: 50,000,000 VND
• Standard working days per month: approximately 22 days (average estimate; actual varies 20-22)
• Daily salary rate: 50,000,000 ÷ 22 = 2,272,727 VND per day
• Payment in lieu: 5 days × 2,272,727 = 11,363,635 VND (approximately $450-460 USD)

This payment cannot be waived by contract clauses and is enforceable through labor arbitration if your employer refuses. Keep documentation of your unused leave balance, including email confirmations or HR system records, to support any payment disputes.

Combined leave agreement (up to 3 years): Article 113, Clause 4 of the Labor Code 2019 allows employees and employers to mutually agree to combine annual leave over a maximum 3-year period. This option suits teachers planning extended international travel or sabbaticals. For example:

• Year 1: Use 2 days, save 10 days
• Year 2: Use 3 days, save 9 days (accumulated total: 19 days)
• Year 3: Use 0 days, save 12 days (accumulated total: 31 days)
• Result: Take a 31-day extended leave (approximately 6 weeks) in year 3 or 4

Requirements for combined leave:

• Written agreement with employer (email confirmation or contract addendum)
• Mutual consent (employer cannot be forced to agree)
• Maximum 3-year period (cannot extend beyond this)
• Employer may require advance notice (typically 2-3 months for extended leave)

This option is more common at international schools and universities with established sabbatical policies than at language centers, where staffing flexibility is more limited.

Strategic leave planning for teachers:

Best practices:

1. Check your contract and internal labor regulations for specific carry-over policies before assuming rights
2. Plan major travel during designated breaks (summer, Tet, semester breaks) when possible
3. Submit leave requests 2-4 weeks in advance for optimal approval chances
4. Document all approved leave through your employer’s official system (email, HR portal)
5. Track your remaining balance monthly to avoid year-end forfeitures
6. Don’t assume automatic carry-over—verify your employer’s policy in writing

Common mistakes to avoid:

• Assuming carry-over is guaranteed without checking company policy
• Waiting until December to request unused leave (often denied due to scheduling)
• Not claiming payment in lieu when resigning (employers may “forget” without prompting)
• Requesting leave during peak teaching periods without compelling reasons (likely denied)

For teachers on annual contracts: If you’re on a 12-month contract that renews yearly (common at international schools and established language centers), your leave typically resets on your contract anniversary date rather than January 1. Clarify with your employer whether your leave year follows the calendar year or your personal contract cycle to avoid confusion about deadlines and carry-over eligibility.

For comprehensive guidance on all aspects of employment contracts, leave entitlements, and legal protections for foreign teachers in Vietnam, explore our complete resource on Vietnam Labor Code for Foreign Teachers: Essential Guide 2025.

When Can I Start Taking Annual Leave as a Foreign Teacher?

You can start taking annual leave after completing 12 months of continuous service with your employer, as required by Article 113 of the Labor Code 2019. However, you accrue leave on a monthly pro-rata basis from your start date, meaning you technically earn approximately 1 day per month worked (for standard 12-day entitlement). Some employers allow teachers to take leave before the 12-month mark by using their accrued pro-rated entitlement.

The legal framework creates an interesting distinction between when leave is earned (monthly from day one) and when the full entitlement becomes available (after 12 months). This system balances employee needs for time off with employer operational requirements, particularly important in education where maintaining consistent teaching coverage is essential.

Understanding the 12-month service requirement: The Labor Code requires 12 continuous months of service before your full annual leave entitlement (12-16 days) becomes active. “Continuous” means uninterrupted employment with the same employer, though certain paid absences (sick leave, public holidays, approved personal leave) don’t break continuity. If you resign and are rehired by the same school 3 months later, you typically restart the 12-month counter unless your contract explicitly preserves your service record.

Pro-rata accrual reality: Even though you must wait 12 months for your full entitlement, you accumulate leave proportionally each month:

• Month 1: Accrued approximately 1 day (typically cannot use yet)
• Month 3: Accrued approximately 3 days (may request with employer approval)
• Month 6: Accrued approximately 6 days (employer flexibility varies)
• Month 12: Full 12-day entitlement now officially active

Employer flexibility in practice: Vietnamese law gives employers significant discretion in setting leave schedules (Article 113, Clause 4), which means company policy largely determines when you can actually take your accrued leave before completing 12 months. Based on common practices at language centers and international schools:

Months 1-3 (Probation period):

• Legally: You’re accruing pro-rata leave
• Practically: Very few employers allow leave during probation
• Exceptions: Emergency situations (family death, serious illness) may warrant unpaid leave
• Advice: Avoid requesting leave during probation unless absolutely unavoidable

Months 4-6 (Early employment):

• Legally: You’ve accrued 4-6 days
• Practically: Employer flexibility varies significantly by organization
• Best approach: Frame requests as using your accrued pro-rata entitlement with valid reasons

Months 7-11 (Approaching 12-month mark):

• Legally: You’ve accrued 7-11 days
• Practically: Many employers show increased flexibility for reasonable requests
• Strategic timing: Consider short vacations or family visits during this period

Month 12+ (Full entitlement active):

• Legally: Your full 12-day entitlement is now official
• Practically: You can request leave like any other employee
• Scheduling: Subject to operational needs and advance notice requirements

How employers schedule annual leave: Article 113, Clause 4 requires employers to “stipulate the annual leave schedule after consulting the employee and must notify the employee in advance.” In practice, this means:

Designated leave periods (common at schools): Many international schools and universities designate specific weeks for leave, particularly:

• Summer break: June-August (2-4 weeks typically designated for leave)
• Winter break: Late December/Early January (1-2 weeks)
• Tet holiday: Late January/February (combining public holidays + annual leave)
• Semester breaks: Short periods between terms

During these designated periods, requesting leave is straightforward and typically approved since the school has planned for minimal operations.

Ad-hoc leave requests (language centers): Language centers operating year-round typically handle leave on an individual request basis:

• Advance notice: Usually 2-4 weeks minimum recommended
• Peak periods: Avoid requesting leave during high enrollment seasons (September, January) or exam periods
• Coverage arrangements: You may need to arrange substitute teachers or class coverage
• Documentation: Submit through official channels (email to academic manager, HR portal)

Emergency vs. planned leave: Vietnamese employers typically distinguish between:

• Planned leave: Requested weeks/months in advance for vacations, family visits
• Emergency leave: Sudden requests due to illness, family emergency, urgent personal matters

Emergency situations may receive more flexibility even during your first 12 months, though you may need to provide documentation (medical certificates, death certificates) to support your request.

Best practices for requesting leave as a new teacher:

1. Review your contract for specific leave policies before requesting
2. Check the academic calendar for low-impact periods
3. Submit requests 3-4 weeks in advance when possible
4. Provide context in your request (visiting family, important personal event)
5. Offer flexibility with dates if possible
6. Follow up in writing to confirm approved leave dates

What if your request is denied: Employers have significant discretion in scheduling leave, particularly before you complete 12 months. However, consistent refusal to grant any leave for extended periods could raise concerns. If you face repeated denials without reasonable explanation:

• Document all requests and denials in writing
• Consult your HR department about company leave policy
• Reference Article 113 in discussions with management
• Seek advice from your country’s embassy or labor law consultants if issues persist

After completing 12 months of service, your right to take your full annual leave entitlement becomes much stronger legally, though it remains subject to reasonable scheduling requirements and operational needs.

Does Annual Leave Continue to Accrue During Paid Leave or Holidays?

Yes, annual leave continues to accrue during paid public holidays, paid annual leave, and paid personal leave periods. These paid time-off days count as working time for annual leave calculation purposes under Vietnamese labor law. However, unpaid leave (except up to 1 month per year) does not count toward your annual leave accrual.

Vietnamese labor law takes a comprehensive view of what constitutes “working time” for calculating employment benefits, ensuring that employees don’t lose accrual during legitimate absences. This protection prevents employers from disadvantaging workers who use their legal entitlements like sick leave or maternity leave.

What counts as working time for annual leave accrual:

• Paid public holidays (11 days + 2 home country days) All Vietnamese public holidays and your additional foreign worker holidays count as working days for leave accrual purposes. If you work a full year with no other absences, you still accrue your full 12-16 days of annual leave despite being absent for 13 public holiday days.
• Paid annual leave Taking your annual leave doesn’t reduce your future leave accrual. For example, if you take 5 days of annual leave in June, those 5 days count as working time when calculating your leave entitlement for the following year.
• Paid sick leave Time spent on sick leave covered by social insurance counts as working time. Teachers contributing to Vietnam’s social insurance system can take paid sick leave per year (depending on contribution history) without affecting their annual leave accrual.
• Maternity and paternity leave Female teachers taking 6 months of maternity leave and male teachers taking 5-7 days of paternity leave maintain their leave accrual during these periods. This protection ensures new parents aren’t penalized in their employment benefits.
• Paid personal leave (bereavement, marriage) The 3 days of paid bereavement leave for death of spouse/parent/child and 3 days for your own marriage count as working time under Article 115 of the Labor Code 2019.
• Vocational training arranged by employer If your employer sends you for professional development training (TESOL certification upgrading, curriculum training, etc.) and you continue working afterward, this training period counts as working time for leave calculations (Article 113, Clause 3).

Approved unpaid leave up to 1 month per year Vietnamese law allows up to 30 calendar days of unpaid leave annually to still count toward your working time for leave accrual purposes. This provision accommodates extended family emergencies or personal circumstances without completely disrupting your employment benefits.

What does NOT count toward annual leave accrual:

• Unpaid leave exceeding 1 month per year If you take more than 30 days of unpaid leave in a 12-month period, only the first 30 days count as working time. Days beyond this threshold don’t contribute to your leave accrual or seniority calculations.
• Suspension without pay due to disciplinary action If you’re suspended without pay for violating workplace rules, this period doesn’t count as working time and interrupts your continuous service record.
• Unauthorized absences Days absent without approved leave or legitimate reasons don’t count toward any employment benefits and may result in disciplinary action or contract termination.

Practical implications for teachers:

Scenario 1: New teacher taking sick leave You start teaching on January 1 and become ill in March, taking 5 days of paid sick leave. You complete your first 12 months on December 31. Your annual leave entitlement calculation includes all 12 months, treating your sick leave days as working time. You’re entitled to your full 12 days of annual leave starting January 1 of year two.

Scenario 2: Female teacher on maternity leave You’ve worked for 2 years at an international school and take 6 months of maternity leave from April-September. During this period, you continue accruing annual leave. When you return to work in October, you have your pro-rated leave available for that partial year, and your seniority continues counting toward the 5-year bonus.

Scenario 3: Teacher taking extended unpaid leave You request 45 days of unpaid leave to visit family abroad. Only the first 30 days count as working time for leave accrual. The remaining 15 days create a gap in your working time, which reduces your pro-rata leave entitlement for that year proportionally.

Impact on seniority bonuses: The continuous service requirement for the +1 day per 5 years seniority bonus uses the same working time definition. Taking maternity leave, sick leave, or reasonable unpaid leave (≤30 days/year) doesn’t interrupt your path to seniority bonuses. However, extended unpaid leaves, suspensions, or gaps in employment reset your continuous service counter.

Documentation and verification: Your employer’s HR system should automatically track your working time, including all periods that count toward leave accrual. Review your annual leave balance periodically (quarterly or semi-annually) to ensure accuracy, particularly after:

• Extended sick leave periods
• Maternity/paternity leave
• Unpaid leave periods
• Employer-arranged training

If you notice discrepancies, request clarification from HR with reference to Article 113 of the Labor Code 2019, which defines working time for leave calculation purposes.

What Happens to Unused Annual Leave When I Leave My Teaching Job?

When you resign or your contract ends, Vietnamese law mandates that your employer must pay you for all unused annual leave days at your regular salary rate. This payment in lieu must be included in your final settlement. You cannot be forced to forfeit unused annual leave—it’s a legal right under Article 113 of the Labor Code 2019.

Payment in lieu of unused annual leave represents one of the strongest worker protections in Vietnamese labor law. The requirement to compensate departing employees for unused leave is explicit, enforceable, and non-negotiable. This ensures that teachers who couldn’t take their full leave entitlement due to operational needs or contract timing receive fair compensation.

Legal foundation: Article 113, Clause 2 states that employees “who have not used or not entirely taken their annual leave” upon termination, resignation, or “other reasons” are entitled to receive payment for the unused days. This applies regardless of:

• Whether you resigned voluntarily or were terminated
• The length of your employment (pro-rata leave after even 1 month)
• The reason for leaving
• Contract terms attempting to waive this right

How payment in lieu is calculated:

Standard formula: Unused leave days × (Monthly salary ÷ Standard working days per month) = Payment in lieu amount

Step-by-step calculation:

Step 1: Determine unused leave days Count all annual leave days you earned but didn’t use in your final employment year or period. This includes:

• Pro-rated leave for partial year service
• Any seniority bonus days earned
• Carried-over days from previous year (if applicable under company policy)

Step 2: Calculate your daily salary rate Monthly salary ÷ Standard working days per month = Daily rate

Note about working days per month: The “standard working days per month” is typically calculated as approximately 22 days (this is an average estimate based on roughly 20-22 working days excluding weekends and public holidays, averaged across the year). Some employers use 26 days (total days minus Sundays) or other calculations. Your employment contract should specify this. If not specified, Vietnamese practice commonly uses 22 days as a reasonable standard.

Step 3: Multiply unused days by daily rate Unused leave days × Daily salary rate = Total payment in lieu

Detailed calculation examples:

Example 1: Full-year teacher with 4 unused days

• Annual leave entitlement: 12 days
• Days used during year: 8 days
• Unused balance: 4 days
• Monthly salary: 50,000,000 VND
• Working days per month: approximately 22 days
• Daily salary: 50,000,000 ÷ 22 = 2,272,727 VND/day
• Payment in lieu: 4 × 2,272,727 = 9,090,908 VND (approximately $365-375 USD)

Example 2: Mid-year resignation with pro-rata leave

• Employment period: January 1 – July 15 (6.5 months)
• Pro-rata entitlement: (12 ÷ 12) × 6.5 = 6.5 days
• Days used: 2 days
• Unused balance: 4.5 days
• Monthly salary: 45,000,000 VND
• Daily salary: 45,000,000 ÷ 22 = 2,045,455 VND/day
• Payment in lieu: 4.5 × 2,045,455 = 9,204,548 VND (approximately $370-380 USD)

Example 3: Senior teacher with seniority bonus

• Years of service: 7 years (entitlement = 12 + 1 = 13 days)
• Days used: 9 days
• Unused balance: 4 days
• Monthly salary: 60,000,000 VND
• Daily salary: 60,000,000 ÷ 22 = 2,727,273 VND/day
• Payment in lieu: 4 × 2,727,273 = 10,909,092 VND (approximately $440-450 USD)

When payment must be made: Vietnamese labor law requires employers to complete final settlement within a reasonable timeframe after your employment ends (termination, resignation, contract expiration). This settlement must include:

• Remaining salary for days worked in final month
• Payment for unused annual leave
• Any owed allowances (housing, transportation, etc.)
• 13th month bonus (if applicable and pro-rated)
• Severance pay (if eligible—requires 12+ months service)

Components of final settlement:

1. Pro-rated salary: Days worked in final month × daily rate
2. Unused annual leave: Calculation as shown above
3. Severance pay: Half month’s salary per year worked (if ≥12 months total service)
4. Other benefits: Depending on contract (performance bonuses, etc.)

Protecting your rights:

Before your last day:

1. Document your unused leave balance through HR system, email confirmations, or leave request records
2. Request written confirmation of your final leave balance from HR
3. Calculate the expected payment yourself using the formula above
4. Review your contract for any specific provisions about final settlement
5. Take screenshots/copies of your leave records from company systems before losing access

In your final settlement:

1. Request itemized breakdown showing each component of payment
2. Verify the daily rate calculation matches your contracted salary
3. Check that unused leave days are accurately counted
4. Compare final payment to your own pre-calculated amount

If payment is incorrect or missing:

1. Email HR immediately with your calculation and supporting documentation
2. Reference Article 113 of Labor Code 2019 in your communication
3. Set a reasonable deadline for correction (typically 3-5 business days)
4. Escalate to management if HR doesn’t respond
5. File complaint with DOLISA (Department of Labor, Invalids and Social Affairs) if dispute isn’t resolved

Common employer errors or attempts to avoid payment:

• “Your contract says unused leave is forfeited” – Response: Contract clauses cannot override Vietnamese labor law. Article 113 mandates payment in lieu regardless of contract terms.
• “You should have used your leave during employment” – Response: If operational needs or employer scheduling prevented you from using leave, that’s not grounds to withhold payment.
• “We only pay if you work the full year” – Response: Pro-rata leave provisions apply to all employment periods, not just full years.
• “We’ll pay it next month after processing” – Response: Final settlement should be completed promptly. Unreasonable delays may violate labor law.

Legal recourse: If your employer refuses to pay for unused annual leave despite your documented entitlement:

Step 1: Written demand letter Send formal written notice (email with read receipt) demanding payment within 5 business days, citing Article 113 of Labor Code 2019 and Decree 12/2022/ND-CP regarding penalties for leave violations.

Step 2: DOLISA complaint File a complaint with the local Department of Labor, Invalids and Social Affairs. Bring:

• Employment contract
• Leave records/documentation
• Calculation of owed amount
• Correspondence with employer
• Final pay slips showing amount paid

Step 3: Labor arbitration DOLISA may mediate or refer to formal labor arbitration. This process typically takes 1-3 months and has generally favorable outcomes for clear-cut violations like unpaid leave.

Penalties for employers: Employers who violate annual leave requirements face fines of 10-20 million VND for individuals or 20-40 million VND for organizations under Decree 12/2022/ND-CP. These penalties apply to both denying leave during employment and refusing payment in lieu upon termination.

Strategic considerations when leaving:

Planned resignation: If you’re planning to resign, consider timing your departure for maximum benefit:

• Early in leave year: Minimizes unused leave, allowing you to take most days before leaving
• After Tet holiday: Schools often have lower operational demands in Q1
• End of contract term: Natural conclusion point with expected transition

Unexpected termination: If you’re terminated unexpectedly, unused leave payment becomes more significant:

• Document everything immediately while you still have access to company systems
• Calculate expected payment within 24 hours of learning about termination
• Raise the issue during exit interview or termination meeting
• Don’t sign final documents until verifying payment amounts

Understanding your right to payment in lieu of unused annual leave ensures you receive full compensation for your earned benefits, even when employment circumstances prevent you from taking vacation during your contract period. This protection is particularly valuable for teachers on fixed-term contracts who may accumulate significant unused leave if schools restrict time off during academic terms.

Frequently Asked Questions About Annual Leave Rights in Vietnam

Do part-time English teachers get annual leave in Vietnam?

Yes, part-time teachers receive pro-rated annual leave based on their working hours compared to full-time employees. The calculation uses the same formula: (Base entitlement ÷ 12) × Months worked, but adjusted for part-time hours. For example, a teacher working 50% of full-time hours would receive 50% of the annual leave (6 days instead of 12 days per year) after completing 12 months of service at that part-time level.

Vietnamese labor law doesn’t create separate categories for full-time vs. part-time employees regarding leave rights. Instead, it applies proportional calculations based on working time. A teacher contracted for 20 hours per week (compared to a full-time standard of 40-48 hours) would receive approximately 5-6 days of annual leave per year, calculated as: (20 hours ÷ 40 hours) × 12 days = 6 days.

Can my employer require me to take annual leave at specific times?

Yes, your employer has the right to set the annual leave schedule after consulting with employees (Article 113, Clause 4). They must notify you in advance. Many schools schedule mandatory leave during summer breaks or between semesters. However, you should also be allowed to request specific leave dates for personal reasons, subject to approval.

The Labor Code grants employers significant control over leave scheduling to maintain operational efficiency, particularly important in education where continuous teaching coverage is essential. In practice, this means:

• Schools may designate certain weeks (e.g., summer break) as mandatory leave periods
• Language centers may restrict leave requests during peak enrollment periods
• Employers must give reasonable notice (typically 30 days) for mandatory leave schedules
• You retain the right to request additional specific dates outside scheduled periods

If your employer’s leave schedule creates genuine hardship (e.g., prevents attending a family wedding, contradicts visa requirements), discuss alternative arrangements. Most schools accommodate reasonable requests if you provide advance notice and valid reasons.

Is annual leave paid at my regular salary rate?

Yes, annual leave must be paid at 100% of your regular salary rate as stated in your employment contract. This includes your base salary but typically excludes variable allowances like transportation or meal stipends unless specified in your contract.

The “regular salary rate” means your contracted monthly or hourly wage without overtime, bonuses, or performance incentives. For teachers, this typically covers:

• DO: Base teaching salary: Your core monthly wage
• DO: Fixed allowances: If specifically stated as part of base salary (e.g., “monthly salary including housing allowance”)
• DONT: Variable allowances: Transportation, meal, phone allowances paid separately
• DONT: Performance bonuses: Quarterly or annual bonuses based on results
• DONT: Overtime pay: Additional compensation for hours beyond contract

Most teaching contracts in Vietnam specify a clear monthly salary figure (e.g., “45,000,000 VND per month“), which becomes your annual leave payment rate. If your contract includes housing as part of the monthly figure, it’s included in leave pay. If housing is listed separately, it may or may not continue during leave—check your contract.

Can I take annual leave during my probation period?

Vietnamese labor law doesn’t explicitly prohibit taking leave during probation, but it’s uncommon and usually not allowed by company policy. Probation periods typically last 30-60 days for teaching positions. You accrue pro-rated leave during probation, but employers generally restrict using it until after probation ends.

The logic behind this restriction is that probation serves to evaluate your suitability for the role. Taking leave during this critical assessment period prevents your employer from observing your full performance and creates scheduling challenges for a position not yet confirmed. However, you’re still technically earning approximately 0.5-1 days of pro-rated leave per month during probation.

Exceptions where leave during probation might be approved:

• Emergency situations: Family death, serious illness requiring hospitalization
• Pre-planned commitments: Wedding, educational commitment disclosed before hiring
• Employer flexibility: Some international schools are more lenient for qualified teachers

If you need time off during probation, request unpaid leave rather than annual leave. This doesn’t use your accruing leave balance and is more likely to be approved for genuine emergencies.

Do public holidays count against my annual leave days?

No, public holidays are completely separate from annual leave. Vietnam’s 11 public holidays (plus 2 home country holidays for foreigners) do not reduce your 12-16 days of annual leave entitlement. They’re additional paid days off.

This is one of the most common misunderstandings among foreign teachers. When employment contracts or job advertisements mention “23 paid days off” or similar figures, they’re combining:

• 12 days annual leave (your personal vacation entitlement)
• 11 Vietnamese public holidays (fixed national holidays)
• = 23 total paid days off minimum

Your annual leave is yours to schedule (subject to employer approval), while public holidays are predetermined by the government calendar. You cannot substitute one for the other or “save” public holidays for later use.

What if my employer refuses to give me annual leave?

Denying annual leave is a violation of Vietnamese labor law. Employers can face fines of 10-20 million VND for individuals or 20-40 million VND for organizations (Decree 12/2022/ND-CP, Article 18). You can file a complaint with the local Department of Labor, Invalids and Social Affairs (DOLISA) or seek legal mediation.

Steps to take if denied leave:

Step 1: Document your request Submit leave requests in writing (email) with specific dates, creating a paper trail. Keep copies of all requests and any responses.

Step 2: Reference the law In follow-up communications, cite Article 113 of the Labor Code 2019, emphasizing that annual leave is a legal right, not an employer discretion.

Step 3: Escalate internally If your direct supervisor denies leave, escalate to HR or senior management, requesting written explanation of the denial.

Step 4: External complaint File a formal complaint with DOLISA, providing:

• Employment contract
• Leave request documentation
• Evidence of denial
• Your calculation of owed leave

DOLISA can mediate, impose fines, or refer the matter to labor arbitration. Most employers resolve issues quickly when official complaints are filed, as penalties and legal proceedings are costly and damage their ability to hire foreign workers.

Can I sell my unused annual leave back to my employer?

Generally no—Vietnamese law expects you to use your annual leave for rest. However, upon termination or resignation, you must be paid for unused leave. Some employers might agree to “buy back” leave through mutual agreement during employment, but this isn’t standard practice and may raise legal questions.

The Labor Code 2019 doesn’t include provisions for employees to voluntarily exchange annual leave for cash payment while employed. The law’s intent is to ensure workers take actual time off for health and well-being, not to create a cash-equivalent benefit. Allowing employees to “sell back” leave would undermine this objective.

Two scenarios where you receive cash for leave:

Scenario 1: Upon termination/resignation (mandatory by law) You automatically receive payment in lieu for all unused leave when your employment ends, as explained in the previous section.

Scenario 2: Mutual agreement during employment (rare, not legally standard) Some employers, particularly in high-demand situations, might agree to pay employees to forgo leave during busy periods. This would require written mutual agreement and documentation that it’s voluntary, not coerced. However, this practice is uncommon in education and may raise labor law compliance questions.

If you find yourself unable to use leave due to genuine operational constraints (employer keeps denying requests despite your efforts), this becomes a labor violation issue rather than an opportunity to sell back leave. In such cases, either escalate the denial issue or ensure you receive payment in lieu when leaving the job.

Foreign teachers in Vietnam are entitled to 12-16 days of paid annual leave after 12 months of service, plus 11 Vietnamese public holidays and 2 home country holidays, totaling 23-29 paid days off per year. Your exact entitlement depends on work conditions (most teachers get 12 days), seniority (+1 day per 5 years), and employment duration (pro-rated for <12 months). Understanding these legal minimums under Vietnam’s Labor Code 2019 ensures you can verify your contract, plan your time off effectively, and recognize when your rights are being respected.

Essential Points to Remember:

Legal Minimums (Verified from Labor Code 2019):

• 12 days annual leave (normal working conditions – Article 113)
• 14 days for minors, disabled workers, or hazardous conditions (Article 113)
• 16 days for extremely hazardous work (Article 113)
• 11 public holidays (Vietnamese national holidays – Article 112)
• +2 days for foreign workers (home country National Day and New Year – Article 112)
• +1 day per 5 years with same employer (seniority bonus – Article 114)

Key Requirements:

• 12 months continuous service for full annual leave entitlement (Article 113, Clause 1)
• Pro-rated calculation for employment periods less than 12 months (Article 113, Clause 2)
• Monthly accrual at approximately 1 day per month from start date
• Payment in lieu mandatory for unused leave upon resignation or termination (Article 113, Clause 2)
• Separate from public holidays—they don’t reduce your annual leave days

Important Clarifications:

• Carry-over policy: NOT mandated by law—depends on employer’s internal regulations
• Working days per month: Approximately 22 days (average estimate for calculations; actual varies 20-22)
• Employer scheduling rights: Can set leave schedule after consulting employees (Article 113, Clause 4)
• Combined leave option: Can agree to combine leave across up to 3 years (Article 113, Clause 4)

Practical Tips for Teachers:

• Verify your contract matches legal minimums (12 days minimum for normal conditions)
• Check employer’s internal labor regulations for carry-over and scheduling policies
• Request leave schedule from employer at start of each academic year
• Plan major travel during designated breaks (summer, Tet, semester breaks)
• Submit requests 2-4 weeks in advance for optimal approval chances
• Document all leave taken and remaining balance through HR systems
• Calculate payment in lieu if leaving your job to ensure correct final settlement
• Understand probation typically restricts leave usage despite accrual

Common Mistakes to Avoid:

• Confusing total “paid days off” (23+) with just annual leave (12)
• Assuming public holidays count against your annual leave entitlement
• Expecting automatic carry-over without checking company policy
• Not requesting leave until end of year when scheduling is difficult
• Accepting contracts with less than legal minimum leave (12 days for normal work)
• Failing to claim payment for unused leave when resigning
• Not documenting leave requests and approvals in writing

When to Seek Clarification:

• Your contract offers less than 12 days annual leave for normal work
• Your employer denies all leave requests without reasonable explanation
• You’re unsure whether your work conditions qualify for 14 or 16 days
• Calculation of pro-rated leave seems incorrect for your employment period
• Final settlement doesn’t include payment for documented unused leave
• Employer claims your unused leave is forfeited upon resignation

Understanding annual leave rights represents just one component of your comprehensive employment protections as a foreign teacher in Vietnam. Your knowledge of these legal minimums empowers you to negotiate fair contracts, recognize violations, and ensure you receive the full benefits you’re entitled to under Vietnamese labor law.

Learn More About Your Rights as a Foreign Teacher in Vietnam

Understanding annual leave is just one aspect of working legally in Vietnam. For comprehensive guidance on employment contracts, work permits, salary requirements, and your full range of rights under Vietnamese labor law, explore our complete Employment Rights & Contracts resource center.

Navigate your teaching career in Vietnam with confidence by knowing your legal rights and protections. Each guide provides verified information based on Vietnam’s Labor Code 2019, with practical examples relevant to ESL/EFL teaching positions.

Questions about your specific situation? Our resource library addresses common scenarios facing foreign teachers, from contract negotiations to dispute resolution, ensuring you can make informed decisions throughout your teaching career in Vietnam.