Working time, rest time

1. Working time
(i) Normal working time shall not exceed 8 hours per day or 48 hours per week. The State encourages employers to apply 40-hour workweeks for employees;
(ii) An employer must not request an employee to work overtime exceeding 300 hours in 1 year in certain fields, works, jobs and cases.

2. Rest time
(i) Rest breaks during working time:
An employee who works for at least 6 hours per day shall be entitled to a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes. If a shift lasts at least 6 consecutive hours, the rest break will be included in the working hour.
(ii) Weekly breaks:
Each week an employee is entitled to a break of at least 24 consecutive hours. In case a public holiday falls on an employee’s weekly break coincide with a public holiday, he/she will have compensatory time-off on the next working days;
(iii) Public holidays:
Employees shall be entitled to fully paid days off on the following public holidays:
a) Solar New Year Holiday: 1 day (January 1 of the Solar Calendar year);
b)  Lunar New Year Holidays: 5 days;
c) Victory Day: 1 day (April 30 of the Solar Calendar year);
d) International Labor Day: 1 day (May 1 of the Solar Calendar year);
dd) National Day: 2 days (September 2 of the Solar Calendar year and the previous or next day);
e) Hung Kings Commemoration Day: 1 day (the 10th of the third month of the Lunar Calendar year).
f) Foreign workers working in Vietnam, in addition to the public holidays as prescribed above, are also entitled to 1 traditional public holiday and 1 National Day of their country.
(iv) Annual leave:
Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave as stipulated in his/her employment contract, which is 12 working days if he/ she works in normal working conditions.
The annual leave of an employee shall increase by 1 day for every 5 years of employment with the same employer.
(v) Personal leave, unpaid leave:
- An employee is entitled to take a fully paid personal leave in the following circumstances, at long at is notified to the employer in advance:
a) Marriage: 3 days;
b) Marriage of his/her biological child or adopted child: 1 day;
c) Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 3 days.
- An employee is entitled to take 1 day of unpaid leave and must inform the employer in the case of the death of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling.
- The employee may negotiate with his/her employer on taking unpaid leave.