There is no specific regulation on mental health in the workplace, and employers are not required to adopt a dedicated mental health policy. However, employers have a general statutory duty to ensure a safe and healthy working environment (2019 Labor Code; 2015 Law on Occupational Safety and Hygiene), which is understood to extend to psychological well-being, and must arrange periodic health check-ups for employees at least once a year. Vietnamese law also protects employees' mental well-being indirectly through provisions on the prevention of workplace sexual harassment, the prohibition of discrimination, working hours and rest periods, caps on overtime, and the employer's duty to respect employees' honor and dignity.

There is no separate statutory leave category for mental health conditions; the general sick-leave regime under compulsory social insurance applies equally to psychiatric and physical illnesses. Employees are entitled to 30-70 days of paid sick leave per year (depending on years of contribution and working conditions) at 75% of the salary on which contributions are based, paid by the social insurance fund. Notably, many mental disorders (e.g., schizophrenia, depression) are classified as diseases requiring long-term treatment, allowing extended sick leave at 50-65% once the standard entitlement is exhausted. Additional leave may be unpaid by agreement or paid under company policy.

No. An employer cannot unilaterally compel an employee to stop working merely on suspicion of a mental health issue; doing so without a lawful ground risks an unlawful termination claim. In practice, the employer should raise the matter privately and discreetly with the employee and encourage a medical examination or assessment with the employee's appropriate consent; any time off should be arranged by mutual agreement (temporary suspension of the contract, annual leave or unpaid leave).

Evidence should take the form of a certificate or medical opinion from a licensed medical facility, and the employer's registered internal labor regulations should set out a clear, non-discriminatory procedure.

An employer may request a further examination where justified by the nature of the job, genuine safety concerns or performance issues, but should generally rely on the employee's consent; there is no dedicated statutory procedure for ad hoc mental-health examinations. Refusal to undergo a legitimately required check-up may be disciplined only if clearly stipulated in the registered internal labor regulations.

Compulsory health insurance covers the examination and treatment of mental health conditions at licensed facilities, subject to co-payment. Services falling outside the statutory schemes (e.g., psychological counseling, private clinics) depend on employer-sponsored private insurance, which is not legally mandatory.

No. Mental health conditions are not included in the Ministry of Health's official list of occupational diseases covered by occupational disease insurance.

Yes. "Neurological and mental disabilities" is one of the six disability categories recognized by law. Once the condition is certified by the competent authority, the employee may be entitled to disability benefits from the State and preferential labor protections.

(i) Yes - where the employee has undergone prolonged continuous treatment without recovery of labor capacity (12 months for indefinite-term contracts; 6 months for 12-36-month contracts; over half the term for shorter contracts), subject to notice and severance.

(ii) Yes - for genuine restructuring, technological or economic reasons, subject to statutory procedures.

Key risks: a termination that in substance stems from the employee's mental health or disability may be challenged as unlawful termination (reinstatement, back pay, plus at least two months' salary as compensation).

Health data, including mental health information, is classified as sensitive personal data. Employers must obtain the employee's explicit, demonstrable consent for each processing purpose (unless a statutory exemption applies), apply heightened security measures, and prepare and maintain a data processing impact assessment dossier for the data protection authority.

There is no general statutory duty of "reasonable accommodation". However, if the condition is certified as a disability, the employer must ensure working conditions suitable to the employee's health, may assign overtime, night work or hazardous work only with the employee's consent, and may not reduce salary or benefits because of the disability. Otherwise, accommodations such as flexible hours, reduced workload or remote work are not mandatory; employers commonly provide them voluntarily as a risk-mitigation measure.

Mental health is not a standalone protected ground, but the law prohibits employment discrimination based on "disability", which covers certified mental disabilities. Discrimination includes any distinction, exclusion or preference that impairs equality of opportunity or treatment in recruitment, employment terms, discipline or termination. Uncertified conditions may still receive indirect protection through the rules on unlawful termination where the adverse treatment is in fact based on the employee's health condition.