Is it permissible for employees in Vietnam to be entitled to fully paid days off on Tet holidays in Vietnam?

Is it permissible for employees in Vietnam to be entitled to fully paid days off on Tet holidays in Vietnam?

Pursuant to Article 112 of the Labor Code in 2019 stipulating as follows:

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).

2. Foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated in Clause 1 of this Article.

3. The Prime Minister shall decide the specific public holidays mentioned in Point b and Point dd Clause 1 of this Article on an annual basis.

Pursuant to Clause 1 Article 3 of the Labor Code in 2019 stipulating as follows:

Employee means a person who works for an employer under an agreement, is paid, managed and supervised by the employer.

The legal working age is 15, except for the cases specified in Section 1 Chapter XI of this Labor Code.

As regulations above, probationary employees are eligible to be entitled to fully paid days off on Tet holidays in Vietnam.

Shall probationary employees in Vietnam be extended due to Tet holidays?

Pursuant to Article 25 of the Labor Code in 2019 stipulating probationary period as follows:

Probationary period

The probationary period shall be negotiated by the parties on the basis of the nature and complexity of the job. Only one probationary period is allowed for a job and the probation shall not exceed:

1. 180 days for the position of enterprise executive prescribed by the Law on Enterprises, the Law on management and use of state investment in enterprises;

2. 60 days for positions that require a junior college degree or above;

3. 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of or for technicians, and skilled employees;

4. 06 working days for other jobs.

As regulations above, the Labor Code in 2019 stipulates that probationary period shall not exceed 180 days, 60 days, 30 days depending on the job. Therefore, public holidays shall be included in the probationary period.

In your case, your job requires 30-day probationary period. Therefore, Tet holidays shall be included in your probationary period.

What are the fines for not paying salary for employees in Tet holidays in Vietnam?

Pursuant to Clause 2 Article 18 of the Decree 12/2022/NĐ-CP stipulating violations against regulations on working hours and rest periods as follows:

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.

Pursuant to Clause 1 Article 6 of the Decree 12/2022/NĐ-CP stipulating 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.

As regulations above, a fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for not paying salary for employees in Tet holidays in Vietnam. If the employer is an organization, the fine shall be doubled.

Best regards!