When did the President Ho Chi Minh call for national resistance in Vietnam?

When did the President Ho Chi Minh call for national resistance in Vietnam? Are employees in Vietnam entitled to a day off on the anniversary of President Ho Chi Minh's call for national resistance?

When did the President Ho Chi Minh call for national resistance in Vietnam?

On December 18 and 19, 1946, in Van Phuc, Ha Dong, now part of Hanoi city, the expanded meeting of the Standing Committee of the Central Communist Party led by President Ho Chi Minh was held, issuing the decision for the entire country to enter the resistance war against the French colonial invaders.

On the afternoon of December 19, 1946, Minister of National Defense Vo Nguyen Giap decided to dispatch secret orders to the armed forces units about the date and time of the nationwide conflict. At 8:00 PM, December 19, 1946, the signal to start the resistance was broadcast, and simultaneously soldiers and people of Hanoi Capital fired the first shots of the nationwide resistance.

On the morning of December 20, 1946, President Ho Chi Minh’s Call for National Resistance was broadcast nationwide, including a highly poignant statement:..."We would rather sacrifice everything than lose our country, we are determined not to be enslaved"... This was a clarion call for national salvation, reflecting the iron will and determination of the entire Vietnamese nation.

At the same time, it ignited the patriotic spirit, the resilient heroic tradition, mobilizing, inspiring, and encouraging the entire Vietnam Communist Party, the entire people, and the entire army to step into the resistance to reclaim independence and freedom for the Fatherland.

Thus, 2024 marks the 78th anniversary of President Ho Chi Minh’s call for national resistance (December 19, 1946 - December 19, 2024)

In 2024, how many years since Uncle Ho issued the call for national resistance?

When did the President Ho Chi Minh call for national resistance in Vietnam?​ (Image from the Internet)

Are employees in Vietnam entitled to a day off on the anniversary of President Ho Chi Minh's call for national resistance?

Pursuant to Article 112 Labor Code 2019 providing for public holidays:

Article 112. Public holidays

  1. Employees are entitled to leave from work, receiving full salary on the following public holidays:

a) New Year's Day: 01 day (January 01 of the Gregorian calendar);

b) Lunar New Year: 05 days;

c) Victory Day: 01 day (April 30 of the Gregorian calendar);

d) International Labor Day: 01 day (May 01 of the Gregorian calendar);

dd) National Day: 02 days (September 02 of the Gregorian calendar and 01 day immediately before or after);

e) Hung Kings' Commemoration Day: 01 day (March 10 of the lunar calendar).

  1. Foreign employees working in Vietnam in addition to the holidays specified in Clause 1 of this Article are entitled to an additional traditional New Year's Day and a National Day of their country.
  1. Annually, based on the actual conditions, the Prime Minister of the Government of Vietnam will decide specifically on the leave days provided for at points b and đ of Clause 1 of this Article.

According to the regulations above, the anniversary of President Ho Chi Minh's call for national resistance is not considered a public holiday where employees are entitled to leave from work, receiving full salary.

Only on certain public holidays described below are employees entitled to leave from work and receive full salary. To be specific:

- New Year's Day

- Lunar New Year

- Victory Day

- International Labor Day

- National Day

- Hung Kings' Commemoration Day

Which hours are considered as paid working hours in Vietnam?

Based on Article 58 Decree 145/2020/ND-CP regarding hours counted as paid working hours:

Article 58. Hours counted as paid working hours

  1. Break time as stipulated in Clause 2 Article 64 of this Decree.
  1. Breaks considered as necessary due to the nature of the work.
  1. Necessary breaks during the labor process calculated within work norms for natural physiological needs.
  1. Rest time for female labor during pregnancy or nursing a child under 12 months old, during menstruation as provided in Clauses 2 and 4 Article 137 of the Labor Code.
  1. Hours when work is halted not due to employee fault.
  1. Time spent in meetings, study, training required by the employer or agreed to by the employer.

[...]

Thus, hours counted as paid working hours include:

- Break time

- Breaks necessary due to the nature of the work

- Necessary breaks during labor calculated within work norms for natural physiological needs

- Rest time for female employees during pregnancy or nursing a child under 12 months old, during menstruation

- Hours when work is halted not due to employee fault

- Hours in meetings, study, or training required by the employer or agreed to by the employer

- Hours for trainees or apprentices involved directly in or participating in work

- Hours for employees who are members of the leadership board of a employee representative organization at the facility used for performing duties as required

- Hours for health check-ups, occupational disease detection, medical assessment to determine reduced labor capacity due to labor accidents, occupational diseases, if conducted by arrangement or as required by the employer

- Hours for registration, check-ups, health checks related to military service compliance, if those hours are compensated in compliance with military service legislation

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