Vietnam: After the Lunar New Year holiday 2024, on what date will students go back to school and officials and public employees return to work?

“After the Lunar New Year holiday 2024, on what date will students go back to school and officials and public employees return to work in Vietnam?” - asked Ms. T (Hanoi)

After the Lunar New Year holiday 2024, on what date will students go back to school and officials and public employees return to work in Vietnam?

The Lunar New Year holiday schedule of students in 2024 varies between provinces and cities.

Up to now, many provinces and cities have announced the Lunar New Year holiday schedule in 2024. In addition, in the time planning framework for the school year of 2023 - 2024 for students at all levels, many localities have content about the Lunar New Year holiday schedule 2024.

Some Lunar New Year holiday schedules 2024 of students in some localities refer to the Government Portal as follows:

In Ha Tinh, for students, the Lunar New Year holiday 2024 starts from 06.02.2024 (December 27, Quy Mao) to the end of February 18, 2024 (January 9, Giap Thin).

In Dong Thap, preschool, general and continuing education institutions are on Tet holiday from February 8, 2024 (December 29, Quy Mao) to February 14, 2024 (January 5, 2024 of lunar calendar).

In Lao Cai: The Lunar New Year holiday lasts from February 3, 2024 to February 18, 2024.

In HCMC, according to Decision 3260/QD-UBND dated 05/8/2023, the Lunar New Year holiday schedule of 2024 of lunar calendar of students starts from February 5, 2024 ( December 26 of the Lunar calendar) to the end of February 18, 2024 (January 9, 2024 of the Lunar calendar).

According to the content in Official Dispatch 8662/VPCP-KGVX dated November 3, 2023, Prime Minister Pham Minh Chinh agreed with the proposal of the Ministry of Labor - War Invalids and Social Affairs of Vietnam in the mentioned document for the schedules for the Lunar New Year Holiday (from February 8, 2024 to February 14, 2024) and the National Day Holiday (from August 31, 2024 to September 3, 2024).

Notification 5015/TB-LĐTBXH in 2023 on Lunar New Year and National Day holidays in 2024 of officials, public employees and employees, the Ministry of Labor, War Invalids and Social Affairs has clearly stated the content related to the Lunar New Year holiday schedule of 2024.

Accordingly, the Lunar New Year holiday schedule of 2024 of officials and public employees is as follows:

Officials and public employees are entitled to have the Lunar New Year holiday in 2024 from Thursday, February 08, 2024 of the solar calendar (i.e. December 29, 2023 of the lunar calendar) to the end of Wednesday, February 14, 2024 of the solar calendar (i.e. January 05, 2024 of the lunar calendar).

Thus, based on the Lunar New Year holiday schedule of 2024:

Officials and public employees will go back to work on Thursday, February 15, 2024 (i.e. January 6, 2024 of the lunar calendar).

Students will return to school depending on the specific holiday schedule of each locality. For example, in HCMC, students will go back to school on Monday, February 19, 2024 (i.e. January 10, 2024).

What is the Lunar New Year holiday schedule of 2024 for employees in Vietnam?

According to the content in Official Dispatch 8662/VPCP-KGVX dated November 3, 2023, Prime Minister Pham Minh Chinh agreed with the proposal of the Ministry of Labor - War Invalids and Social Affairs of Vietnam in the mentioned document for the schedules for the Lunar New Year Holiday (from February 8, 2024 to February 14, 2024) and the National Day Holiday (from August 31, 2024 to September 3, 2024).

Notification 5015/TB-LĐTBXH in 2023 on Lunar New Year and National Day holidays in 2024 of officials, public employees, and employees, the Ministry of Labor, War Invalids and Social Affairs has clearly stated the content related to the Lunar New Year holiday schedule of 2024.

Accordingly, the Lunar New Year holiday schedule of 2024 for employees in Vietnam is as follows:

With regard to employees working at private enterprises, employers may adopt the following holiday schedule for Lunar New Year and National Day in 2024:

- The Lunar New Year holiday may include

+ 01 ending day of the year 2023 and 04 beginning days of the year 2024 of the lunar calendar,

+ or 02 ending days of the year 2023 and 03 beginning days of the year 2024 of the lunar calendar,

+ or 03 ending days of the year 2023 and 02 beginning days of the year 2024 of the lunar calendar.

Specifically, Lunar New Year 2024 will fall on the following dates:

- December 26, 2023 of lunar calendar: on Monday 5 February 2024 in the solar calendar;

- December 27, 2023 of lunar calendar: on Tuesday 6 February 2024 in the solar calendar;

- December 28, 2023 of lunar calendar: on Wednesday 7 February 2024 in the solar calendar;

- December 29, 2023 of lunar calendar: on Thursday 8 February 2024 in the solar calendar;

- New Year's Eve: on Friday 9 February 2024 in the solar calendar;

- January 1, 2024 of lunar calendar: on Saturday, February 10, 2024 in the solar calendar;

- January 2, 2024 of lunar calendar: on Sunday, February 11, 2024 in the solar calendar;

- January 3, 2024 of lunar calendar: on Monday, February 12, 2024 in the solar calendar;

- January 4, 2024 of lunar calendar: on Tuesday 13 February 2024 in the solar calendar;

Are enterprises in Vietnam required to pay 13th-month salaries to employees for the Lunar New Year holiday 2024?

Article 90 of the Labor Code 2019 stipulates:

Salaries
1. A salary is an amount the employer pays the employee under an agreement for a work performed by the latter. Salary equals (=) base salary plus (+) allowances and other additional amounts.

Article 104 of the Labor Code 2019 stipulates:

Article 104. 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).

Thus, based on the above regulations, currently, the 13th-month salary is a term coined by enterprises and not a salary by labor code. In addition, the 13th month salary is usually paid as a bonus to the employee.

Therefore, in principle, enterprises are not obliged to compulsorily pay the 13th month salary to the employee. However, depending on the bonus regulations decided and announced by the employer, the employee can receive the 13th-month salary for the Lunar New Year if the conditions are met.

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