Official Lunar New Year 2024 Holiday Schedule: How many days off? From which date to which date?
Official Date for 2024 Lunar New Year Holiday? How many days is the official 2024 Lunar New Year holiday?
The Office of the Government of Vietnam has just issued Official Dispatch 8662/VPCP-KGVX in 2023 conveying the opinion of Prime Minister of the Government of Vietnam Pham Minh Chinh regarding the Lunar New Year and National Day holidays in 2024.
Prime Minister of the Government of Vietnam Pham Minh Chinh agrees with the proposal of the Ministry of Labor - Invalids and Social Affairs regarding the Lunar New Year holiday from February 8, 2024, to the end of February 14, 2024, and the National Day holiday from August 31, 2024, to the end of September 3, 2024.
Thus, the official 2024 Lunar New Year holiday schedule is as follows:
For officials and public employees:
- 05 days off according to the regulations- Among which, 02 days off before Tet and 03 days off after Tet
- Public officials and employees will have the Lunar New Year holiday from Thursday, February 8, 2024, to the end of Wednesday, February 14, 2024 (i.e., from the 29th day of the last lunar month of the Year of the Cat to the 5th day of the first lunar month of the Year of the Dragon).
->> Thus, the Lunar New Year holiday for officials and public employees will be a total of 07 days.
To be specific: From February 8, 2024, to the end of February 14, 2024, and the National Day holiday from August 31, 2024, to the end of September 3, 2024.
How many days is the official 2024 Lunar New Year holiday? When does the holiday start and end? (Image from the internet)
According to the Labor Code, how many days are workers entitled to for the 2024 Lunar New Year holiday?
According to the provisions of Article 112 of the Labor Code 2019 regarding public holidays and Tet holidays as follows:
Public holidays and Tet
1. Workers are entitled to leave with full pay on the following public holidays:
a) Gregorian New Year: 01 day (January 1 of the Gregorian calendar);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30 of the Gregorian calendar);
d) International Labor Day: 01 day (May 1 of the Gregorian calendar);
dd) National Day: 02 days (September 2 of the Gregorian calendar and 01 adjacent day either before or after);
e) Hung Kings' Commemoration Day: 01 day (March 10 of the lunar calendar).
2. Foreign workers working in Vietnam are entitled to an additional 01 day off for their traditional New Year and 01 day off for their national day, besides the holidays prescribed in Clause 1 of this Article.
3. Annually, based on actual conditions, the Prime Minister of the Government of Vietnam will decide specifically on the holidays stated in Points b and dd of Clause 1 of this Article.
According to the above regulations, workers are entitled to 05 days off for the Lunar New Year according to the provisions of the Labor Code.
Additionally, based on the provisions of Article 111 of the Labor Code 2019, it is stipulated as follows:
Weekly rest days
1. Each week, workers are entitled to at least 24 consecutive hours off. In case the weekly rest cannot be arranged due to the working cycle, the employer is responsible for ensuring that the workers get an average rest of at least 04 days per month.
2. The employer is entitled to decide and arrange the weekly rest day on Sunday or any specified day of the week but must state it in the internal labor regulations.
3. If the weekly rest day coincides with a public holiday or Tet as prescribed in Clause 1, Article 112 of this Code, workers are entitled to an additional day off as a compensation for the weekly rest day.
According to the above provisions, if the Tet holiday coincides with the weekly rest day, workers will be compensated with an additional day off.
In the Lunar New Year 2024, the first day of the Lunar New Year (February 10, 2024) and the second day of the Lunar New Year (February 11, 2024) fall on Saturday and Sunday, so workers will get compensatory days off.
Is the 13th-month salary, Tet bonus subject to social insurance contributions?
According to Clause 3, Article 30 of Circular 59/2015/TT-BLDTBXH, amended by Clause 26, Article 1 of Circular 06/2021/TT-BLDTBXH, it is clearly stated that the monthly salary on which social insurance contributions are based does not include policies and other benefits such as:
Monthly salary for compulsory social insurance contributions
The monthly salary for social insurance contributions for workers who participate in social insurance according to the salary policies decided by the employer is stipulated as follows:
[...]
3. The monthly salary for compulsory social insurance contributions does not include policies and other benefits such as bonuses according to Article 104 of the Labor Code, initiative rewards; meal allowances; transportation, phone, travel, housing, childcare, and small child support; support when workers have deceased relatives, workers with relatives getting married, birthdays of workers, subsidies for workers in difficult circumstances due to labor accidents, occupational diseases, and other supports and allowances recorded as a separate item in the labor contract stipulated in Point c2, Clause 5, Article 3 of Circular 10/2020/TT-BLDTBXH.”
Thus, the bonus for workers working in enterprises, including the 13th-month salary (Tet bonus), is considered a bonus based on the annual work performance assessment and is not used as a basis for social insurance contributions.
LawNet