Overview of Public Holidays in 2023 That Employees Are Entitled to Full Paid Leave
Summary of Public Holidays in 2023 for Vietnamese Employees to Take Paid Leave
Pursuant to Article 112 of the Labor Code 2019 stipulates as follows:
Public Holidays and Tet
1. Employees are entitled to take paid leave on the following public holidays and Tet (Lunar New Year):
a) Western New Year: 01 day (January 01);
b) Tet (Lunar New Year): 05 days;
c) Victory Day: 01 day (April 30);
d) International Labor Day: 01 day (May 01);
e) National Day: 02 days (September 02 and 01 adjacent day before or after);
f) Hung Kings' Commemoration Day: 01 day (March 10 in Lunar calendar).
2. Foreign workers in Vietnam, in addition to the holidays specified in Clause 1 of this Article, are also entitled to 01 traditional New Year holiday and 01 National Day of their country.
3. Annually, based on practical conditions, the Prime Minister of Vietnam decides specific days for the holidays stipulated in points b and e, Clause 1 of this Article.
Accordingly, employees are entitled to take paid leave on the following public holidays and Tet:
- Western New Year: 01 day (January 01)- Tet (Lunar New Year): 05 days- Victory Day: 01 day (April 30)- International Labor Day: 01 day (May 01)- National Day: 02 days (September 02 and 01 adjacent day before or after)- Hung Kings' Commemoration Day: 01 day (March 10 in Lunar calendar)
In addition to the above-mentioned holidays where employees are entitled to paid leave, in Vietnam there are also other holidays as follows:
- Valentine's Day (Red Valentine): February 14, 2023- International Women's Day: March 8, 2023- White Valentine's Day: March 14, 2023- Black Valentine's Day: April 14, 2023- Mother's Day: May 14, 2023- International Children's Day: June 1, 2023- Father's Day: June 18, 2023- Family Day: June 28, 2023- Ghost Festival: August 22, 2023- Vu Lan Festival: August 30, 2023- Mid-Autumn Festival: September 29, 2023- Hanoi Liberation Day: October 10, 2023- Vietnamese Women's Day: October 20, 2023- Vietnamese Teachers' Day: November 20, 2023
Note: On these holidays, employees are not entitled to paid leave.
Above is a summary of the number of holiday days that employees can take paid leave.
Summary of public holidays in 2023 for Vietnamese employees to take paid leave
How Are Employees Compensated for Working on Public Holidays?
Pursuant to Article 98 of the Labor Code 2019 stipulates as follows:
Overtime and Night Work Pay
1. Employees working overtime are paid based on the hourly wage or actual wage for the job they are doing as follows:
a) On regular working days, at least 150%;
b) On weekly days off, at least 200%;
c) On public holidays, Tet, paid leave days, at least 300%, not including the daily wage for public holidays, Tet, and paid leave days for employees receiving daily wages.
2. Employees working at night are paid at least 30% of the hourly wage or actual wage for the job of a normal working day.
3. Employees working overtime at night, in addition to the wage according to Clause 1 and Clause 2 of this Article, are paid an additional 20% of the hourly wage or the actual wage for the job done during daytime of a normal working day, weekly day off, or public holiday, Tet.
4. The Government of Vietnam provides detailed regulations on this Article.
Accordingly, employees working on public holidays are paid at least 300%, not including the daily wage for public holidays for employees receiving daily wages.
How Many Annual Leave Days Are Employees Entitled to with Full Pay?
Pursuant to Article 113 of the Labor Code 2019 stipulates as follows:
Annual Leave
1. Employees who have worked for 12 months for an employer are entitled to annual leave with full pay according to the labor contract as follows:
a) 12 working days for employees doing regular jobs;
b) 14 working days for minor employees, disabled employees, those doing arduous, toxic, and dangerous jobs;
c) 16 working days for employees doing particularly arduous, toxic, and dangerous jobs.
2. Employees who have not worked for 12 months for an employer are entitled to annual leave proportionate to the number of months they have worked.
3. In case of termination of employment or job loss, and the employee has not taken or fully taken their annual leave, the employer must pay for those unused days.
4. Employers have the responsibility to set the annual leave schedule after consulting with employees and must notify employees in advance. Employees can agree with the employer to take annual leave in multiple times or combine it for up to 03 years.
5. Employees taking annual leave but the payment date has not yet arrived are entitled to advance payment as prescribed in Clause 3 of Article 101 of this Code.
6. When taking annual leave, if the employee travels by road, rail, or water, and the travel time is over 02 days, from the 3rd day onward the travel time is included in the annual leave and is only counted once a year.
7. The Government of Vietnam provides detailed regulations on this Article.
Thus, employees who have worked for 12 months for an employer are entitled to annual leave with full pay as follows:
- 12 working days for employees doing regular jobs;- 14 working days for minor employees, disabled employees, those doing arduous, toxic, and dangerous jobs;- 16 working days for employees doing particularly arduous, toxic, and dangerous jobs.
Note: Employees who have not worked for 12 months for an employer are entitled to annual leave proportionate to the number of months they have worked.
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