Thu, Sep 18, 2025, 14:33:00
Mr. Hung asked, so which regulations is correct for his unit to follow, so that the unit has a basis to develop internal spending regulations?
Regarding this issue, the Ministry of Home Affairs responded as follows:
The 2019 Labor Code and the 2010 Law on Civil Servants have different regulations on payment of wages for days not taken off, specifically:
Clause 3, Article 113 of the 2019 Labor Code stipulates: "In case of resignation or job loss without taking annual leave or not taking all annual leave days, the employer shall pay wages for the days not taken off".
Clause 1, Article 13 of the Law on Civil Servants No. 58/2010/QH12 stipulates the rights of civil servants to rest: "Annual leave, holidays, and personal leave in accordance with the provisions of the law on labor. Due to work requirements, civil servants who do not use or do not use up their annual leave shall be paid an amount of money for the days not taken."
Clause 4, Article 58 of the Law on Promulgation of Legal Documents 2025 stipulates: "In cases where legal documents issued by the same agency have different provisions on the same issue, the provisions of the legal document issued later shall apply."
Based on the above provisions, the payment of wages for days not taken will be implemented in accordance with the Labor Code 2019.
