How do Vietnam working time and leave rules work in 2026?

The rules come from the Labour Code 2019 (Law No. 45/2019/QH14), Article 105. The weekly limit is the aggregate of up to 8 hours across the working week. A standard Vietnamese working week is typically Monday to Saturday, giving a maximum of 8 hours on each of up to 6 working days, capped at 48 hours in total.

Overtime

Overtime is permitted but tightly regulated under Article 107 of the Labour Code. Employers must obtain the employee's written consent before requiring overtime. The law sets annual overtime ceilings, and hours worked beyond them expose the employer to administrative penalties. Overtime pay rates are set by the Labour Code as a percentage above the normal hourly rate, with higher multiples applying on public holidays and at night.

No individual opt-out

Unlike the UK or some EU countries, Vietnam does not permit an individual employee to sign away the right to the working-time limits. Both the daily and weekly caps apply to all employees. Collective agreements may set different arrangements within the statutory framework, but they cannot exceed the statutory maxima.

The Labour Code 2019 does not specify a minimum daily rest period between workdays in the same terms as the EU Working Time Directive's 11-hour rule. The practical floor is set by the combination of the daily hours cap and the weekly hours cap, plus the mandatory weekly 24-hour rest period. Teamed's standard Vietnam employment contract observes these statutory minimums.

Night work is defined as work performed between 10 pm and 6 am. Night workers are entitled to an elevated mid-shift break, and overtime performed at night attracts a higher pay multiple than daytime overtime.

The entitlement comes from the Labour Code 2019, Article 113. The 12 days applies to employees in standard working conditions who have completed at least one year of service. Higher entitlements apply to certain categories:

• Workers in heavy, hazardous or dangerous conditions: 14 days per year.
• Workers with disabilities, or workers under 18 years old: 14 days per year.
• Workers in extremely heavy, hazardous or dangerous conditions: 16 days per year.

An additional day of leave accrues for every 5 consecutive years worked for the same employer, above the base entitlement.

How leave is paid

Annual leave must be taken as paid leave. The pay rate is the employee's average salary over the preceding month. Employees can choose to take all or part of their leave as a cash pay-out, with the employer's agreement. Unused leave at the end of the year may be carried over, but the carry-over rules depend on the contract and internal policy. There is no statutory automatic forfeit rule of the UK type, but employers commonly agree carry-over or pay-out terms in the contract.

Leave during the first year

Employees who have worked for less than 12 months are entitled to leave on a pro-rata basis: one day for each month completed.

When a public holiday falls on a Saturday or Sunday, a substitute weekday is given in its place, typically the following Monday. This applies to all 11 holidays.

Tet planning for employers

Tet is the most operationally significant holiday for employers. The 5-day statutory block typically falls in a single week, and many Vietnamese employees use additional annual leave to extend it further. Employers hiring in Vietnam for the first time should plan for reduced capacity over Tet and factor it into project timelines. Teamed coordinates leave scheduling around Tet as part of the onboarding process.

Public holiday pay

Employees required to work on a public holiday must be paid at a premium rate, as set by the Labour Code. If they cannot take a substitute rest day, an additional cash payment is required. The premium multiples are set by law and are not discretionary.

Maternity leave

The 26 weeks entitlement comes from the Labour Code 2019, Article 139 and the Social Insurance Law 2014. At least 6 weeks must be taken after birth. The mother may choose how to split the remaining time between before and after birth.

Maternity pay is set at 100% of the average monthly salary on which social insurance contributions were based (the contribution base). Payment comes from the Vietnam Social Insurance fund, not from the employer's payroll. Employers must process the claim and continue paying the employee, then reclaim from the fund.

To qualify for fund-funded maternity pay, the employee must have contributed to social insurance for at least 6 months in the 12 months before the birth. If the employee does not meet the qualifying period, the employer has no statutory obligation to pay maternity leave, though employment contracts may provide otherwise.

Additional birth provisions

Higher entitlements apply in some cases: mothers who give birth to twins or more receive additional leave of one month per additional child. Mothers of children born with disabilities also receive extended leave.

Paternity leave

Fathers are entitled to 5 days of paid paternity leave for a natural birth. The entitlement is higher for multiple births and for births via caesarean section. Paternity pay is also funded by the social insurance fund at 100% of the contribution base, provided the father has contributed to social insurance for at least 6 months in the preceding 12 months.

What competitive Vietnam employers do

Many international employers operating in Vietnam provide enhanced maternity support above the statutory floor, including top-up payments during the post-qualifying-period weeks, flexible return-to-work arrangements, and nursing break entitlements which the Labour Code also requires for the first 12 months after birth (30 minutes per day).

The sick-pay rules come from the Social Insurance Law 2014, Article 26. Key points:

• The benefit rate is 75% of the employee's average monthly social insurance contribution base over the 6 months before the sick period.
• The maximum number of paid sick days per year depends on the employee's years of contribution: 30 days for under 15 years, 40 days for 15 to 30 years, and 60 days for 30 or more years of contribution.
• Workers in heavy, hazardous or dangerous roles get higher ceilings: 40 days, 50 days, and 70 days respectively.
• Payment is made from the social insurance fund via the employer (who reclaims from the fund), not directly from the employer's payroll.

Employer obligations during sick leave

During the days covered by the social insurance sick-pay entitlement, the employer continues payroll and reclaims the fund portion. Once the employee has exhausted their annual sick-pay days under social insurance, the employer has no further legal obligation to pay salary. Contracts or collective agreements may provide additional occupational sick pay above this floor, and many international employers in Vietnam do so.

Notification and documentation

Employees must notify the employer and provide a medical certificate from a licensed healthcare facility to claim sick-pay days from the social insurance fund. Self-certification is not available for social insurance claims in Vietnam.

Real HR and legal experts manage your Vietnam working-time obligations: the daily and weekly hours limits, overtime consent records, annual leave accrual separate from public holidays, Tet planning, and social insurance claims for maternity and sick-pay periods. An actual person, not a chatbot or a pooled queue. There is no setup fee and no exit fee. Employer cost passes through at cost, itemised on every invoice.

Social insurance, health insurance, and unemployment insurance contributions are employer costs on top of salary. They pass through at cost, itemised. Run the employer-cost tool to see the full social contribution load on your Vietnam hire. Use the Crossover Calculator to see when your Vietnam headcount is ready to graduate to a local entity, and until it isn't, Teamed keeps you covered.

Key sources: Labour Code 2019 (Law No. 45/2019/QH14) and Acclime Vietnam HR and Payroll Guide 2026.

1. Set up compliant contracts

   Teamed issues a Vietnam-law employment contract covering hours limits, overtime consent, annual leave, and social insurance enrolment from day one.

2. Handle social insurance enrolment

   Teamed registers the employee with the Vietnam Social Insurance authority and sets up the correct contribution rates for sick pay, maternity, and health cover.

3. Track leave and public holidays

   Annual leave accrual and all public holidays, including Tet, are tracked on one platform. Employees request leave through the same system.

4. Process maternity and sick-pay claims

   When an employee takes maternity or sick leave, Teamed processes the claim with the social insurance fund and manages the reimbursement on your behalf.

5. Keep you compliant as the rules change

   The Labour Code and social insurance rates change. Teamed monitors updates and adjusts your contracts and payroll without you having to track Vietnamese law yourself.