Title: What is the Day of Liberation of Hanoi Capital? Are Workers Entitled to Fully Paid Leave?
Translation
What is the date of the Liberation of Hanoi Capital? Are employees entitled to a paid day off on the Liberation of Hanoi Capital? Is there a fireworks display organized on the Liberation of Hanoi Capital? Which authority has the jurisdiction to decide on the fireworks display?When is the Liberation Day of Hanoi Capital?
October 10, 1954 is the day of the liberation of the capital—a historical day etched in the hearts of the people of Hanoi. It can be said that the Liberation Day of the Capital (October 10, 1954) is a shining milestone marking the complete defeat of the French colonialists in Vietnam, opening a new era of development for the capital and the country.
The year 2024 marks the 70th anniversary of the Liberation of Hanoi Capital.
When is the Liberation Day of Hanoi Capital? Do employees get paid leave on this day? (Image from the Internet)
Do employees get paid leave on the Liberation Day of Hanoi Capital?
According to Article 112 of the Labor Code 2019, the provisions on holidays and New Year holidays are as follows:
Holidays and New Year holidays
- Employees are entitled to leave with full pay on the following holidays:
a) New Year: 1 day (January 1 of the Gregorian calendar);
b) Lunar New Year: 5 days;
c) Victory Day: 1 day (April 30 of the Gregorian calendar);
d) International Labor Day: 1 day (May 1 of the Gregorian calendar);
e) National Day: 2 days (September 2 of the Gregorian calendar and one consecutive day before or after);
f) Hung Kings' Commemoration Day: 1 day (March 10 of the lunar calendar).
Foreign employees working in Vietnam, in addition to the holidays specified in Clause 1 of this Article, are entitled to 1 traditional national holiday and 1 national day of their country.
Annually, based on actual conditions, the Prime Minister of Vietnam decides specific days for leave under Point b and Point e, Clause 1 of this Article.
Thus, the Liberation Day of Hanoi Capital is not a public holiday. Therefore, employees are not entitled to leave with full pay on the Liberation Day of Hanoi Capital. However, on this day, employees can request unpaid leave after reaching an agreement with their employer or use their annual leave.
Is there a fireworks display on the Liberation Day of Hanoi Capital? Which authority has the power to decide on the fireworks display?
According to Clause 6, Article 11 of Decree 137/2020/ND-CP regarding instances where fireworks are displayed:
Instances where fireworks are displayed
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- Victory Day (April 30 of the Gregorian calendar)
a) Hanoi Capital and Ho Chi Minh City are allowed to display both high-altitude and low-altitude fireworks, for no more than 15 minutes;
b) The display time is at 9 PM on April 30.
6. Anniversaries of liberation day, establishment day of provinces, centrally-run cities
a) Centrally-run cities and Thua Thien Hue province are allowed to display both high-altitude and low-altitude fireworks, for no more than 15 minutes; other provinces are allowed to display low-altitude fireworks, for no more than 15 minutes;
b) The display time is at 9 PM on the liberation or establishment day of provinces, centrally-run cities.
- National and international cultural, tourism, and sports events.
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Additionally, according to Article 12 of Decree 137/2020/ND-CP as amended by Clause 3, Article 3 of Decree 56/2023/ND-CP, the authority and procedures for approving fireworks displays are specified as follows:
Authority and procedures for approving fireworks displays
Fireworks displays for the instances specified in Clauses 1, 2, 3, 4, 5, and 6 of Article 11 of this Decree are decided by the People’s Committees of provinces and centrally-run cities based on local conditions, in cooperation with the Ministry of Culture, Sports, and Tourism to organize in accordance with the law.
Fireworks displays for the instances specified in Clauses 7 and 8 of Article 11 of this Decree and changes in the display range and duration are decided by the Minister of Culture, Sports, and Tourism after obtaining written agreement from the Ministry of Public Security and the Ministry of National Defense.
Provinces and centrally-run cities that wish to organize fireworks displays as specified in Clauses 7 and 8 of Article 11 of this Decree or want to change the display range and duration must submit a written request to the Ministry of Culture, Sports, and Tourism at least 30 days prior to the proposed display date. The written request must specify the quantity, display range, number of display points, time, duration, and proposed locations for the fireworks display.
Within 5 working days from the date of receiving the request, the Ministry of Public Security and the Ministry of National Defense must provide a written response for the Ministry of Culture, Sports, and Tourism to consolidate and make a decision.
According to these regulations, the Liberation Day of Hanoi Capital is considered one of the liberation days. Therefore, on this day, Hanoi will organize a fireworks display.
Moreover, the organization of the fireworks display on the Liberation Day of Hanoi Capital will be carried out according to the decision of the People's Committee of the city in coordination with the Ministry of Culture, Sports, and Tourism.
