How to calculate annual leave: 12 days, part-year staff and seniority

“I started in March — how many days of annual leave do I have?” Every shop owner hears this, usually in the busiest week. Here is how annual leave works under Vietnam’s 2019 Labour Code, with situations common in restaurants and retail.

How many days a year?

After 12 months with one employer, staff get paid annual leave of (Article 113):

• 12 working days in normal conditions;
• 14 days for minors, people with disabilities and heavy, hazardous jobs;
• 16 days for especially heavy or hazardous jobs.

Less than 12 months?

Leave is proportional to months worked — in practice one day per month. Mai, who started on 1 March, has 7 days by the end of September.

Seniority: one more day every 5 years

Every full 5 years with the same employer adds one day (Article 114).

Who decides when?

The employer sets the leave schedule after consulting staff and must announce it in advance. Staff may agree to split leave or combine up to 3 years. When taking annual leave, employees may receive an advance of at least the pay for those days (Article 101).

Leaving with unused leave

Employees who leave with untaken leave must be paid for those days — the item most often forgotten in the final payslip.

Three common questions

Do part-timers get annual leave?

Yes, part-time staff are employees too. Write down how their leave is calculated.

Does unused leave carry over?

The law allows combining up to 3 years. Many shops let it carry over until the end of Q1. Either works if it is written in the rules.

Is sick leave deducted from annual leave?

No. Documented sick leave falls under social-insurance sickness benefits, a separate scheme.

Track leave without a spreadsheet

In CTAS Work, each person’s leave balance grows on the 1st of every month, seniority is added automatically, and approved requests are deducted at once. Staff see their own balance in the app. Download CTAS Work to set up your leave policy.

For reference only, based on the 2019 Labour Code (Articles 101, 113, 114).