Vietnam: What is April 6? What is the significance of April 6? Can you reclaim a gift given to a lover on April 6?
What is April 6? What is the significance of April 6?
In addition to special holidays in April such as Vietnam Book Day or the Day of Southern Liberation for National Reunification, April 6 is also a notable event enthusiastically celebrated by Vietnamese youth.
Every year, April 6 is called "Boy’s Day", which has only become popular in Vietnam in recent years. This is a time when females present heartfelt words or meaningful gifts to males who are close to them (such as brothers or boyfriends).
According to many young people, Boy’s Day originates from the idea that 6/4 corresponds to 64, which aligns with the element Copper (Cu) on the periodic table of elements. Therefore, many young people have agreed to choose April 6 each year as a day dedicated to boys, similar to how girls and women have International Women’s Day on March 8 or Vietnamese Women’s Day on October 20.
Boy’s Day has only recently appeared in Vietnam. Although it has not been recognized worldwide, during this time, most females celebrate and acknowledge the importance of males through various activities.
Vietnam: Can gifts given to a loved one on April 6 be reclaimed?
According to the provisions of the Civil Code 2015, a gift is a type of asset and the act of gifting is considered a civil transaction. Specifically:
- In the case of movables:
Movables can include gifts such as watches, handbags, jewelry, clothes, vehicles, etc.
Pursuant to Article 458 of the Civil Code 2015 on gifting movables:
Gifting movables
1. A contract for gifting movables becomes effective from the time the recipient receives the asset, unless otherwise agreed upon.
2. In the case of movables for which registration of ownership is required by law, the gift contract becomes effective upon registration.
Thus, if the gift is a watch, handbag, jewelry, clothes, etc., those assets will immediately belong to the recipient at the time of gifting. The giver cannot reclaim the given gifts.
For assets requiring ownership registration like motorcycles, cars, etc., ownership is established upon completing the registration process.
If the giver wishes to reclaim the gift, they must do so before the registration time; after this time, the given gift cannot be reclaimed.
- In the case of immovables:
According to Clause 1, Article 107 of the Civil Code 2015, immovables include:
+ Land;
+ Houses and constructions attached to the land;
+ Other assets attached to the land, houses, and constructions;
+ Other properties as prescribed by law.
When gifting immovables, based on the provisions of Article 459 of the Civil Code 2015:
Gifting immovables
1. The contract for gifting immovables must be made in writing, acknowledged by a notary or certified, or registered if ownership registration is required by law.
2. A contract for gifting immovables becomes effective from the time of registration; if registration is not required, it becomes effective from the time of asset transfer.
Similar to movables, gifts of immovables, if required to be registered, belong to the recipient at the registration time. If registration is not required, the recipient becomes the owner at the time of gifting and the gift cannot be reclaimed.
The difference between gifting immovables and movables is that gifting immovables must be documented, notarized, certified, or registered.
- In the case of conditional gifts
According to Clause 2, Article 462 of the Civil Code 2015 on conditional gifting, the giver has the right to reclaim the gift if the recipient must fulfill an obligation after receiving the gift but fails to comply with the giver's conditions.
Vietnam: Can male employees take leave on April 6, 2024?
According to Article 112 of the Labor Code 2019 regarding holidays:
Holidays
1. Employees are entitled to leave from work with full pay on the following holidays:
a) New Year’s Day: 01 day (January 01);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30);
d) International Labor Day: 01 day (May 01);
đ) National Day: 02 days (September 02 and 01 adjacent day);
e) Hung Kings’ Commemoration Day: 01 day (March 10 of lunar calendar).
2. Foreign employees working in Vietnam are entitled to an additional day of the traditional New Year of their country and an extra day for their National Day.
3. Annually, the Prime Minister decides specific holidays based on actual conditions.
Employees are entitled to leave from work with full pay on the following holidays:
- New Year’s Day: 01 day (January 01);
- 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);
- Hung Kings’ Commemoration Day: 01 day (March 10 of lunar calendar).
Additionally, Article 111 of the Labor Code 2019 stipulates:
Weekly rest day
1. Every week, employees are entitled to at least 24 consecutive hours of rest. In special cases where the work cycle does not allow for weekly rest, the employer must ensure that the employees are given an average of at least 04 rest days per month.
2. The employer has the right to arrange the weekly rest day on Sunday or another specified day, but this must be included in the work regulations.
3. If the weekly rest day coincides with a holiday under Clause 1, Article 112 of this Code, the employees are entitled to take compensatory leave on the next working day.
The weekly rest day is determined by the employer.
Thus, April 6, 2024, is not among the holidays when employees are entitled to leave as per the regulations. Therefore, male employees are not entitled to leave on April 6, 2024, and must work if they are scheduled to do so.
If April 6, 2024, coincides with a weekly rest day, male employees can take a leave.
Furthermore, male employees can proactively apply for annual leave or unpaid leave on April 6, 2024.
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