Do foreigners working in Vietnam get Vietnam's National Day holiday?
What are the requirements for foreigners to work in Vietnam?
In Article 151 of the Labor Code 2019, regulations on requirements for foreigners to work in Vietnam are specified as follows:
- A foreign employee means a person who has a foreign nationality and:
+ is at last 18 years of age and has full legal capacity;
+ has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;
+ is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
+ has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of this Labor Code.
- The duration of a foreign employee’s employment contract must not exceed that of the work permit. When a foreign employee in Vietnam is recruited, both parties may negotiate conclusion of multiple fixed-term labor contracts.
- Foreign employees working in Vietnam shall comply with and shall be protected by the labor law of Vietnam, unless otherwise prescribed by treaties to which Vietnam is a signatory.
Do foreigners working in Vietnam get Vietnam's National Day holiday?
According to Article 112 of the Labor Code 2019 regarding holidays for foreigners working in Vietnam:
Public holidays
1. Employees shall be entitled to fully paid days off on the following public holidays:
a) Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);
b) Lunar New Year Holidays: 05 days;
c) Victory Day: 01 day (the 30th of April of the Gregorian calendar);
d) International Labor Day: 01 day (the 1st of May of the Gregorian calendar);
dd) National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);
e) Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
2. Foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated in Clause 1 of this Article.
3. The Prime Minister shall decide the specific public holidays mentioned in Point b and Point dd Clause 1 of this Article on an annual basis.
Thus, according to these regulations, foreigners working in Vietnam are entitled to National Day holidays like Vietnamese employees.
Additionally, foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country.
Do foreigners working in Vietnam get Vietnam's National Day holiday?
What are the regulations on bonuses for foreign employees during the National Day holiday in Vietnam?
At Article 104 of the Labor Code 2019, the regulation on bonuses for employees is as follows:
Bonuses
1. A bonus means an amount of money, a piece of property or item that is provided by an employer for his/her employees on the basis of the business performance or the employees’ performance.
2. A bonus regulation shall be decided and publicly announced at the workplace by the employer after consultation with the representative organization of employees (if any).
According to these regulations, employers will determine bonuses for employees based on the business performance or the employees’ performance.
A bonus regulation shall be decided and publicly announced at the workplace by the employer after consultation with the representative organization of employees (if any).
Bonuses during the National Day holiday 2023 of employees are not required and will be decided by the company based on the business performance or the employees’ performance.
What is the salary paid to foreign employees working during the National Day holiday in Vietnam?
In Article 98 of the Labor Code 2019, regulations on overtime pay, night work pay are as follows:
Overtime pay, night work pay
1. An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:
a) On normal days: at least 150%;
b) On weekly days off: at least 200%;
c) During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.
2. An employee who works at night will be paid an additional amount of at least 30% of the normal salary.
3. An employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and Clause 2 of this Article, an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.
4. The Government shall elaborate this Article.
Thus, according to these regulations, if employees work during the National Day holiday, their salary shall be at least 300% not including the salary for the public holidays and paid days off for employees receiving daily salaries.
Additionally, employees shall be paid at least 20% of the day work salary of public holiday if working overtime at night.
Furthermore, an employee who works at night will be paid an additional amount of at least 30% of the normal salary.
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