On what date does the Mid-Autumn Festival 2023 in Vietnam fall? How many days until the Mid-Autumn Festival 2023? Do employees in Vietnam get a day off on the Mid-Autumn Festival 2023?
On what date does the Mid-Autumn Festival 2023 in Vietnam fall?
The annual Mid-Autumn Festival is traditionally held on the 15th day of the 8th lunar month (Full Moon in August).
Thus, in 2023, the Mid-Autumn Festival will fall on Friday, September 29, 2023 (Gregorian calendar).
How many days until the Mid-Autumn Festival 2023?
The Mid-Autumn Festival in 2023 will be on September 29, 2023 (Gregorian calendar).
Starting from September 4, 2023, there will be 25 days remaining until the Mid-Autumn Festival 2023.
On what date does the Mid-Autumn Festival 2023 in Vietnam fall? How many days until the Mid-Autumn Festival 2023? Do employees in Vietnam get a day off on the Mid-Autumn Festival 2023? (Image from the Internet)
Do employees in Vietnam get a day off on the Mid-Autumn Festival 2023?
According to Article 112 of the Labor Code 2019 which states:
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.
Additionally, Article 111 of the Labor Code 2019 regulates:
Weekly breaks
1. Each week an employee is entitled to a break of at least 24 consecutive hours. Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.
2. The employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.
3. In case a public holiday falls on an employee’s weekly break as prescribed in Clause 1 Article 112 of this Labor Code, he/she will have compensatory time-off on the next working days.
Since the Mid-Autumn Festival is not included in the public holidays according to the regulations, employees will not be given a day off for the Mid-Autumn Festival (except for other agreements between employees and employers).
Is the employer in Vietnam required to give gifts during the Mid-Autumn Festival to employees with children?
Under Clause 2, Article 6 of the Labor Code 2019 regarding the obligations of employers. Specifically:
Rights and obligations of employers
...
2. An employer has the obligations to:
a) implement the employment contracts, collective bargaining agreement and other lawful agreements with employees; respect the honor and dignity of employees;
b) establish a mechanism for and hold dialogue with the employees and the representative organization of employees; implement the regulations on grassroots-level democracy;
c) Provide basic training and advanced training in order to help employees improve their professional skills or change their occupations;
d) implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health; develop and implement solutions against sexual harassment in the workplace;
dd) Participate in development of the national occupational standards, assessment and recognition of employees’ professional skills.
Additionally, under Item 1.4, Clause 1, Article 6 of the Financial, Asset Management Regulation at the internal trade union liberated by Decision 4290/QD-TLD in 2022 on expenditure on encouragement, commendation and reward:
Internal trade union budget expenditure
1. Direct expenditure on care, training and advanced training for trade unionists and employees
...
1.4. Expenditure on encouragement, commendation and reward
- Expenditure on monetary bonus attached with other forms of commendation for officials, trade unionists
- Expenditure on commendation and reward for employees obtaining excellent achievements in their work period.
- Expenditure on commendation and reward for trade unionists’ children and employees who obtain excellent achievements in their learning and practice according to each unit. The executive committee of internal trade union shall promulgate specific regulations on children of trade unionists and employees subject to commendation and reward.
- Expenditure on cooperation to organize activities on the occasion of Children's Day and Mid-Autumn Festival.
- Expenditure on commendation and reward for thematic activities and financial revenues as prescribed by the General Confederation.
Thus, as per current laws, employers are not obligated to give gifts to employees’ children during the Mid-Autumn Festival.
However, depending on the financial situation, employers may or may not choose to give Mid-Autumn Festival gifts to employees’ children.
Additionally, employers are allowed to use trade union funds for motivational and commendation allowances for employees’ children who have notable achievements in study and training (excellent, distinguished).
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