What is the holiday schedule for Hung Kings Commemoration Day, April 30, May 1 in 2025? How to handle tax filing when the deadline falls on a holiday in Vietnam?
Vietnam: What is the holiday schedule for Hung Kings Commemoration Day, April 30, May 1 in 2025?
Based on Article 112 of the Labor Code 2019, the regulations on holidays are as follows:
Holidays and Tet
- Employees are entitled to leave with full pay on the following holidays and Tet:
a) New Year's Day: 01 day (January 1 of the solar calendar);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30 of the solar calendar);
d) International Labor Day: 01 day (May 1 of the solar calendar);
dd) National Day: 02 days (September 2 of the solar calendar and 01 day immediately before or after);
e) Hung Kings Commemoration Day Day: 01 day (March 10 of the lunar calendar).
- Foreign employees working in Vietnam are entitled to an additional 01 day of the traditional New Year and 01 day of their country's National Day, aside from the holidays mentioned in clause 1 of this Article.
3. Annually, based on actual conditions, the Prime Minister of Vietnam decides the specific day off as stipulated in point b and point đ of clause 1 of this Article.
The holiday schedule for Hung Kings Commemoration Day, April 30, and May 1 in 2025 is detailed as follows:
(1) Holiday Schedule for Hung Kings Commemoration Day 2025
Based on point e, clause 1, Article 112 of the Labor Code 2019, on Hung Kings Commemoration Day Day, employees are entitled to take a full paid leave of 1 day according to the labor contract, which is March 10 of the lunar calendar.
Accordingly, according to the 2025 perpetual calendar, Hung Kings Commemoration Day Day (March 10, 2025 of the lunar calendar) falls on Monday, April 7, 2025, of the solar calendar.
This is a working day in the week for employees, so employees will have 1 day of full paid leave for Hung Kings Commemoration Day Day in 2025 without compensatory leave. As such, employees will have a continuous 3-day break from April 5, 2025, to April 7, 2025, for agencies and units following the fixed Saturday and Sunday schedule.
(2) Holiday Schedule for April 30, May 1 in 2025
On December 3, 2024, the Ministry of Labor, Invalids and Social Affairs issued **** Notice 6150/TB-BLDTBXH in 2024, which includes information on the holidays on April 30 and May 1, 2025, for officials, public employees, and employees in companies and enterprises outside the State.
To be specific: officials and public employees will swap the working day from Friday, May 2, 2025, to Saturday, April 26, 2025. Therefore, on the occasion of the Victory Day on April 30 and International Labor Day on May 1 in 2025, officials and public employees will have a 5-day continuous break from Wednesday, April 30, 2025, to the end of Sunday, May 4, 2025 (working on Saturday, April 26, 2025).
Accordingly, the holiday schedule for April 30 and May 1, 2025, is from April 30, 2025, to May 4, 2025 (from Wednesday to Sunday), totaling 5 continuous days.
Note: For agencies and units not following the fixed weekly Saturday and Sunday schedule, arrangements will be made based on the specific program and plan of the unit to arrange holidays accordingly, in compliance with the law. Employers are encouraged to apply the holiday schedule for April 30 and International Labor Day on May 1, 2025, for employees as stipulated for officials and public employees.
Vietnam: What is the holiday schedule for Hung Kings Commemoration Day, April 30, May 1 in 2025? (Image from the Internet)
How to handle tax filing when the deadline falls on a holiday in Vietnam?
Based on Article 86 of Circular 80/2021/TT-BTC, it is regulated as follows:
Deadline for Filing Tax Returns and Tax Payment
The deadline for filing tax returns is in accordance with clauses 1, 2, 3, 4, 5 of Article 44 of the Law on Tax Administration and Article 10 of Decree No. 126/2020/ND-CP. The deadline for tax payment follows clauses 1, 2, 3 of Article 55 of the Law on Tax Administration and Article 18 of Decree No. 126/2020/ND-CP. If the deadline for filing tax returns and tax payment coincides with a holiday as stipulated, the deadline will be the next working day following the holiday as per the Civil Code.
According to the above regulations, if the deadline for filing tax returns and tax payment coincides with a holiday, the deadline is set for the next working day following the holiday or Tet.
Note: Electronic tax filing and electronic tax payment are available 24 hours a day and 7 days a week, including holidays and Tet, according to Article 8 of Circular 19/2021/TT-BTC
How much is the penalty for late tax return submission in Vietnam?
Based on Article 13 of Decree 125/2020/ND-CP, the penalties for late tax return submission are as follows:
- Warning for submitting tax returns 1 to 5 days late with mitigating circumstances.
- Fines ranging from VND 2,000,000 to VND 5,000,000 for submitting tax returns 1 to 30 days late, except as stipulated in clause 1, Article 13 of Decree 125/2020/ND-CP.
- Fines ranging from VND 5,000,000 to VND 8,000,000 for submitting tax returns 31 to 60 days late.
- Fines ranging from VND 8,000,000 to VND 15,000,000 for the following actions:
+ Submitting tax returns 61 to 90 days late;
+ Submitting tax returns more than 91 days late without any taxes due;
+ Not submitting tax returns when no taxes are due;
+ Failing to submit tax-related appendices for businesses with related-party transactions along with annual corporate income tax returns.
- Fines ranging from VND 15,000,000 to VND 25,000,000 for submitting tax returns over 90 days late since the deadline, having payable taxes, and the taxpayer has paid all due taxes and late payment fees to the state budget prior to the tax agency's announcement of the tax audit or prior to the tax agency's recording of the late submission behavior as per clause 11, Article 143 of the Law on Tax Administration 2019.
If the penalty applied according to this clause exceeds the taxes due on the tax return, the maximum penalty will be equivalent to the taxes due, but not lower than the average level of the penalty range stipulated in clause 4, Article 13 of Decree 125/2020/ND-CP.
Note: The above fines are applicable to organizations. Fines for individuals with the same offenses are half of the fines for organizations based on clause 5, Article 5 of Decree 125/2020/ND-CP.
