What day is the 3rd day of the 2025 Tet holiday in Vietnam? Is overtime pay on the 3rd day of the 2025 Tet holiday subject to personal income tax in Vietnam?

What day is the 3rd day of the 2025 Tet holiday in Vietnam?

Based on the Perpetual Calendar for January 2025 as follows:

Thus, the 3rd day of the 2025 Tet holiday will fall on Friday, January 31, 2025 (i.e., the 3rd day of the lunar calendar corresponds to January 31, 2025, of the Gregorian calendar).

Additionally, the first and second days of Tet are times for families to reunite, visit, and wish New Year greetings to both paternal and maternal relatives. However, on the third day, people tend to visit and offer New Year wishes to their teachers.

Note: Information is for reference purposes only!

What day is the 3rd day of the 2025 Tet holiday in Vietnam? (Image from the Internet)

How to calculate overtime pay on the 3rd day of the 2025 Tet holiday in Vietnam?

Pursuant to Article 112 of the Labor Code 2019 stipulating public holidays as follows:

Public holidays

1. Employees are entitled to time off from work with full pay on the following public holidays:

a) New Year's Day: 1 day (January 1, Gregorian calendar);

b) Lunar New Year: 5 days;

c) Victory Day: 1 day (April 30, Gregorian calendar);

d) International Labor Day: 1 day (May 1, Gregorian calendar);

đ) National Day: 2 days (September 2, Gregorian calendar and 1 day immediately before or after);

e) Hung Kings' Commemoration Day: 1 day (March 10, lunar calendar).

2. Foreign employees working in Vietnam, in addition to the days off stipulated in clause 1 of this Article, are entitled to 01 additional day for their respective traditional New Year and their National Day.

3. Each year, based on actual conditions, the Prime Minister of Vietnam shall decide specifically on the days off stipulated in point b and point đ of clause 1 of this Article.

According to the regulation, during the Lunar New Year holidays, employees will have at least 05 days off. Depending on actual conditions or agreements with the employer, the number of days off may increase.

If an employee must work on the 3rd day of the 2025 Tet holiday, then the regulations on overtime shall apply to determine the wages they receive.

According to Article 98 of the Labor Code 2019 which provides for overtime pay as follows:

Overtime, Nighttime Work Pay

1. Employees working overtime are paid wages calculated on a unit wage price or salary for the current job as follows:

a) On ordinary days, at least 150%;

b) On weekly days off, at least 200%;

c) On holidays, Tet, paid leave days, at least 300% not including holiday, Tet, paid leave wages for employees paid on a daily basis.

2. Employees working at night are entitled to an additional payment of at least 30% wages calculated on a unit wage price or the actual salary for the regular working day.

3. Employees working overtime at night, in addition to the pay stipulated in clause 1 and clause 2 of this Article, are entitled to an additional 20% of the wages calculated on the unit wage price or salary for daytime work on a regular working day or weekly day off or public holidays.

4. the Government of Vietnam shall detail this Article.

Therefore, in the case of working on the 3rd day of the 2025 Tet holiday, the wages received are at least 3 times the wages for a regular working day, not including Tet day wages for those receiving daily pay.

In the case of working also at night, an additional payment of at least 20% of the wages calculated on the unit wage price or the actual salary for the regular working day is required.

Is overtime pay on the 3rd day of the 2025 Tet holiday subject to personal income tax in Vietnam?

Based on point i, clause 1, Article 3 of Circular 111/2013/TT-BTC, income items exempt from tax are as follows:

Income Exempt from Tax

1. Based on the provisions of Article 4 of the Personal Income Tax Law, Article 4 of Decree No. 65/2013/ND-CP, the income items exempt from tax include:

...

i) Income from night work, overtime pay, paid higher than daytime work, regular working hours as prescribed by the Labor Code. Specifically as follows:

i.1) The part of wages, salaries paid higher due to night work, overtime are exempted from tax based on the actual wages and salaries paid for night work, overtime minus (-) the regular working day wages, salaries.

- If an individual works overtime on a regular day and is paid VND 60,000/hour, the tax-exempt income is:

VND 60,000/hour – VND 40,000/hour = VND 20,000/hour

- If an individual works overtime on a day off or holiday and is paid VND 80,000/hour, the tax-exempt income is:

VND 80,000/hour – VND 40,000/hour = VND 40,000/hour

i.2) The organization, individual paying income must prepare a schedule clearly reflecting night work, overtime, and extra pay due to night work, overtime to employees. This schedule must be kept at the paying unit and presented upon request by the tax authority.

...

According to the above regulation, employees will be exempt from tax on wages and salaries paid higher for night work, overtime hours. However, regular day wages still must pay PIT.