Vietnam: Shall enterprises forcing employees to work on Hung Kings Commemoration Day face a fine of up to VND 40.000.000?

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• How many days off are employees in Vietnam entitled to take on Hung Kings Commemoration Holiday 2024?
• Shall enterprises forcing employees to work on Hung Kings Commemoration Day in Vietnam face a fine of up to VND 40.000.000?
• Where to download the newest announcement template on schedule for the 2024 Hung Kings Commemoration holiday?

How many days off are employees in Vietnam entitled to take on Hung Kings Commemoration Holiday 2024?

>> What is the official holiday schedule for Hung Kings Commemoration, Victory Day, and International Labor Day for pupils and students?

March 10 in the lunar calendar is the Hung Kings Commemoration Day, also known as the Hung Temple Festival. This is a traditional festival, which is extremely important for the Vietnamese people to commemorate the great merits of the Hung Kings.

According to the April 2024 perpetual calendar, the Hung Kings Commemoration Day (March 10) falls on Thursday, April 18, 2024 in the solar calendar.

According to point e, clause 1, Article 112 of the 2019 Labor Code:

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).

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Thus, in 2024, employees are entitled to take 01 fully paid day off on Hung Kings Commemoration Day 2024 (March 10 in the lunar calendar), ie Thursday, April 18, 2024 in the solar calendar.

Employees are entitled to take 2 days off on April 18, 2024 and the next working day if Hung Kings Commemoration Day 2024 coincides with weekly breaks.

Shall enterprises forcing employees to work on Hung Kings Commemoration Day in Vietnam face a fine of up to VND 40.000.000?

Under Clause 1 Article 6 of Decree 12/2022/ND-CP as follows:

Fines, power to impose penalties, and rules for imposing penalties for repeated violations

1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

2. The penalties imposed by the officials competent to impose penalties as prescribed in Chapter V of this Decree are incurred by violating individuals;

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Under Article 18 of Decree 12/2022/ND-CP specifying the fines:

Violations against regulations on working hours and rest periods

1. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for commission of one of the following violations:

a) Failing to grant personal leave or unpaid leave to employees in accordance with regulations of law;

b) Failing to send a written notification of organization of overtime working hours in excess of 200 hours to 300 hours in a year to the Department of Labour, War Invalids and Social Affairs of the province where such overtime works are performed and of the province where it is headquartered.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for committing violations against regulations on weekly breaks or annual leave or public holidays.

3. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for commission of one of the following violations:

a) Applying normal working hours exceeding the working hours prescribed by law;

b) Mobilizing employees to work overtime without their consent, except for the cases specified in Article 108 of the Labour Code.

4. The following fines shall be imposed upon an employer for commission of one of the following violations: failing to give rest breaks during working hours or breaks between shifts to employees in accordance with regulations of law; mobilizing employees to work overtime in excess of overtime hours prescribed by law:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;

c) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves 51 - 100 employees;

d) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves 101 - 300 employees;

dd) A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed if the violation involves 301 employees or more.

Thus, enterprises forcing employees to work on Hung Kings Commemoration Day in Vietnam may face a fine of up to VND 40.000.000 (The above fine is imposed on individuals, the fine imposed on enterprises will be doubled under Article 18 of Decree 12/2022/ND-CP).

Where to download the newest announcement template on schedule for the 2024 Hung Kings Commemoration holiday?

Download the announcement template on schedule for the 2024 Hung Kings Commemoration holiday for enterprises here.

Download the announcement template on schedule for the 2024 Hung Kings Commemoration holiday for customers here