In the context of current Vietnamese labor law, the question of whether suspension time is counted in the duration of labor contract performance has become an important issue for both employees and employers. The Labor Code of 2019 has issued various provisions on this topic to ensure employees’ rights during contract implementation.

I. General Regulations on Labor Contract Performance Time

According to the 2019 Labor Code, a labor contract is an agreement between an employee and an employer regarding paid work, working conditions, and the rights and obligations of both parties within the employment relationship. The duration of the contract is determined by mutual agreement and is clearly stated in the contract.

The performance time includes working hours and rest periods, covering vacation, public holidays, weekly rest, and other lawful breaks. However, not all suspension cases are counted towards contract performance time, depending on specific circumstances.

II. Cases of Labor Contract Suspension under the 2019 Labor Code

The 2019 Labor Code lists cases for contract suspension, such as:

• Military or other mandatory service as required by law.
• Temporary detention without an official decision.
• Taking leave to care for children under 12 months or maternity leave.
• Other mutually agreed cases.

In these cases, suspension time isn’t counted in contract performance unless agreed otherwise. Upon resuming work, the contract continues for the agreed period.

III. Regulations on Contract Suspension Time

Cases include mandatory military service, temporary detention, or fulfilling state-assigned roles in state-owned enterprises. The employee is not entitled to salary or benefits during suspension.

IV. Suspension Due to Illness, Occupational Accidents, and Occupational Diseases

Suspension due to these conditions isn’t counted toward contract duration, but social insurance or occupational injury benefits apply. If the contract expires during suspension, it terminates unless both parties agree to extend it.

V. Suspension Due to Maternity Leave

Maternity leave, as regulated by Article 139 of the Labor Code, grants six months of leave, not counted in contract duration. After this, employees can return to work under the original contract terms. Employers are prohibited from terminating employment during maternity leave.

VI. Suspension for Military Service

Time spent on mandatory military service isn’t counted toward contract duration. After completing this service, employees have the right to return, ensuring they don’t lose employment rights due to national duties.

VII. Suspension by Mutual Agreement

Employers and employees may mutually agree to suspend a contract for personal, family, or business reasons. In such cases, the parties can agree on whether the suspension time counts toward the contract period.

VIII. Resuming Employment after Suspension

If the contract is still valid post-suspension, the employee must return to work, and the employer must reinstate them. If the contract expires during suspension, it ends, and the employer is not obligated to reinstate the employee.

IX. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

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To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

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For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

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