What is calculation of salary payment for employees who work on Lunar New Year 2024 in Vietnam?

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

On November 22, 2023, the Ministry of Labor, War Invalids and Social Affairs issued Notice 5015/TB-LDTBXH 2023 on Lunar New Year holiday and National Day holiday in 2024 for officials, civil servants, public employees and employees are as follows:

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1. Officials, public employees and employees working at administrative agencies, political organizations or socio-political organizations (hereinafter referred to as “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).  This holiday includes 05 days of the Lunar New Year holiday and 02 days of compensatory time-off for the weekly days off as prescribed in Clause 3 Article 111 of the Labor Code.

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5. With regard to employees other than those prescribed in Clause 1 of this Announcement, 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.

- The National Day holiday may include September 02, 2024 and either September 01, 2024 (Sunday) or September 03, 2024 (Tuesday) of the solar calendar.

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Accordingly, the 2024 Lunar New Year holiday schedule in Vietnam for officials, civil servants, public employees and employees is as follows:

(1) For officials, civil servants, public employees and employees 

Officials, public employees and employees working at administrative agencies, political organizations or socio-political organizations are entitled to the 2024 Lunar New Year holiday as follows:

- Lunar New Year holiday 2024 from Thursday, February 8, 2024 (ie December 29, 2023 of the lunar calendar) to Wednesday, February 14, 2024 (ie January 05, 2024 of the lunar calendar).

- This leave includes 05 days off for Lunar New Year and 02 days off to compensate for weekly holidays according to the provisions of law.

(2) For employees not falling into case (1)

For employees who do not work in administrative agencies, political organizations or socio-political organizations, the employer will choose the 2024 Lunar New Year holiday plan as follows:

- 01 ending day of the year 2023 and 04 beginning days of the year 2024 of the lunar calendar.

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

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

Note : Employers must notify employees of the 2024 Lunar New Year holiday plan at least 30 days in advance in Vietnam.

If the weekly day off coincides with a New Year holiday, the employee is entitled to compensate for the weekly day off on the next working day in Vietnam.

In addition, the Ministry of Labor, War Invalids and Social Affairs encourages employers to apply the Lunar New Year holiday period for employees as prescribed for civil servants and public employees in Vietnam.

What is calculation of salary payment for employees who work on Lunar New Year 2024 in Vietnam? (Image from the Internet)

On what pulic holidays do employees get fully paid days off in Vietnam?

Pursuant to Clause 1, Article 112 of the 2019 Labor Code, employees shall be entitled to fully paid days off on the following public holidays:

- Gregorian Calendar New Year Holiday: 01 day (the 1^st of January of the Gregorian calendar);

- Lunar New Year Holidays: 05 days;

- Victory Day: 01 day (the 30^th of April of the Gregorian calendar);

- International Labor Day: 01 day (the 1^st of May of the Gregorian calendar);

- National Day: 02 days (the 2^nd of September of the Gregorian calendar and the previous or next day);

- Hung Kings Commemoration Day: 01 day (the 10^th of the third month of the Lunar calendar).

What is calculation of salary payment for employees who work on Lunar New Year 2024 in Vietnam?

Pursuant to Article 98 of the 2019 Labor Code regulating overtime pay, night work pay:

Overtime pay, night work pay

1. An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:

a) On normal days: at least 150%;

b) On weekly days off: at least 200%;

c) During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.

2. An employee who works at night will be paid an additional amount of at least 30% of the normal salary.

3. An employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and Clause 2 of this Article, an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.

4. The Government shall elaborate this Article.

Thus, employees who work overtime on Lunar New Year 2024 will be paid at least 300% in Vietnam, not including holidays, New Year salaries, and paid days off for employees receiving daily salaries.

Employees who work at night are paid an additional amount of at least 30% of the salary calculated according to the salary unit price or actual salary paid according to the work of a normal working day in Vietnam.

In addition, if employees work overtime at night, in addition to being paid according to regulations in Vietnam, the employee will also be paid an additional 20% of the salary calculated according to the salary unit price or salary based on the work done during the normal work or on weekly days off or holidays.

Best regards!