What are the lunar calendar and perpetual calendar for December 2023 in Vietnam?
What are the lunar calendar and perpetual calendar for December 2023 in Vietnam?
December in the lunar calendar is the final month of the lunar year. The lunar calendar for December 2023 includes 30 days, starting from December 1, 2023 (January 11, 2024, according to the Gregorian calendar) and ending on December 30, 2023 (February 9, 2024, according to the Gregorian calendar).
View the full lunar calendar - perpetual calendar for December 2023 here.
Are there any holidays in December 2023 in the lunar calendar where employees are entitled to fully paid leave?
Under Article 112 of the Labor Code 2019 regarding public holidays in Vietnam:
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.
Currently, under the labor code, the holidays in the lunar calendar on which employees are entitled to fully paid leave include:
- Lunar New Year: 05 days.
- Hung Kings Commemoration Day: 01 day (March 10, lunar calendar).
Thus, in December 2023 in the lunar calendar, there will be several Lunar New Year holidays during which employees are entitled to fully paid leave.
What are the regulations on calculating overtime pay on holidays for employees in Vietnam?
Under Article 98 of the Labor Code 2019:
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.
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Under Article 55 of Decree 145/2020/ND-CP, overtime pay is regulated as follows:
Overtime pay prescribed in Clause 1 Article 98 of the Labor Code is elaborated as follows:
1. An employee receiving time-based salaries will receive overtime pay for working outside of the normal working hours prescribed in Article 105 of the Labor Code shall be calculated as follows:
Under the above regulations, the overtime pay on holidays for employees is calculated as follows:
- The minimum overtime pay rate is 300% of the wage unit price or actual wage of the current job, not including wages for public holidays and paid leave days for day workers.
Overtime Pay = Actual hourly wage of the current job on a regular working day x At least 300% x Number of overtime hours
- Employees working at night are additionally paid at least 30% of the wage unit price or actual wage of the current job for a regular working day.
Night Work Pay = Actual hourly wage of the current job on a regular working day + Actual hourly wage of the current job on a regular working day x At least 30% x Number of night work hours
- In case employees work overtime at night on Lunar New Year's Eve, besides receiving overtime pay for holidays and night work pay, they are also entitled to an additional 20% of the wage unit price or actual wage of the job performed during the day of a regular working day, a weekly rest day, or a public holiday.
