How many days off do Vietnamese officials, public employees, and employees get during the Lunar New Year Holiday 2024? Is it permissible to use fireworks during the Lunar New Year 2024?
How many days off do Vietnamese officials, public employees, and employees get during the Lunar New Year Holiday 2024?
Under Article 112 of the Labor Code 2019 regarding public holidays:
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.
According to the above regulation, employees will have at least 5 days off with full pay during the Lunar New Year.
Recently, Prime Minister Pham Minh Chinh agreed with the proposal of the Ministry of Labor, Invalids and Social Affairs to grant Lunar New Year holidays from February 8, 2024, to February 14, 2024, and National Day holidays from August 31, 2024, to September 3, 2024.
Thus, the official schedule for the Lunar New Year holidays are as follows:
For officials and public employees
- 05 days off according to the regulation
+ Including 02 days before Tet and 03 days after Tet
+ Officials and public employees will have Lunar New Year holidays from Thursday, February 8, 2024, to Wednesday, February 14, 2024 (i.e., from the 29th day of the 12th lunar month of the Year of the Cat to the 5th day of the 1st lunar month of the Year of the Dragon).
-> Therefore, officials and public employees will get 07 days off for the Lunar New Year holidays
Specific dates: From February 8, 2024, to February 14, 2024, and National Day holidays from August 31, 2024, to September 3, 2024.
How many days off do Vietnamese officials, public employees, and employees get during the Lunar New Year Holiday 2024? Is it permissible to use fireworks during the Lunar New Year 2024? (Image from the Internet)
What is the salary paid to employees working during the Lunar New Year 2024 in Vietnam?
According to Article 98 of the Labor Code 2019 regarding overtime pay and night work pay:
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 the above regulation, employees who work overtime during Tet will receive Tet holiday pay and additional overtime pay.
If an employee is paid daily and works on Gregorian New Year, the employee will receive:
- 100% of the wage for the working day.- Additional wages of at least 300% when working on Tet day.
Thus, the total wage for an employee working during the day can be at least 400% of the regular day's wage (applicable to daily-paid employees).
If working additional night shifts on Gregorian New Year, the employee will be paid an additional 20% of the wage calculated according to the daytime wage on Tet and at least 30% of the wage calculated according to the wage unit price or the actual wage paid for the regular working day.
Is it permissible to use fireworks during the Lunar New Year 2024 in Vietnam?
Under Clause 1, Article 17 of Decree 137/2020/ND-CP on the use of fireworks:
Use of consumer fireworks
1. Agencies, organizations and individuals having full legal capacity may use consumer fireworks during: National holidays, Tet holiday, marriage, conventions, grand openings, anniversaries, cultural and art activities.
....
Thus, according to the above regulations, agencies, organizations, and individuals with full civil act capacity are allowed to use fireworks during the Lunar New Year 2024.
However, agencies, organizations, and individuals can only purchase fireworks from organizations and enterprises licensed by the Ministry of National Defense to produce or from organizations and enterprises of the Ministry of National Defense allowed to trade fireworks or from organizations licensed to trade fireworks.
In case agencies, organizations, and individuals use fireworks illegally, they will be dealt with according to the law.
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