Official: 9 consecutive days off on Lunar New Year in 2025 in Vietnam
Official: 9 consecutive days off on Lunar New Year in 2025 in Vietnam
The Office of the Government of Vietnam has just released a document regarding the Lunar New Year holiday and a number of public holidays in 2025. Download
Considering the proposal of the Ministry of Labor, War Invalids and Social Affairs of Vietnam on the plan for the Lunar New Year holiday, National Day holiday, and some other public holidays in 2025, the Government of Vietnam provides the following opinions:
The Goverment agrees the proposal of the Ministry of Labor, War Invalids and Social Affairs in the aforementioned documents regarding the Lunar New Year holiday, National Day holiday, and the exchange of working days during the holiday of Victory Day on April 30 and International Labor Day on May 1, 2025. The Minister of Labor, War Invalids and Social Affairs shall inform administrative agencies, organizations, political organizations, socio-political organizations, businesses, and employees in accordance with regulations.
For the Lunar New Year in 2025, officials and public employees, employees will have 5 days off for the Lunar New Year, from Monday, January 27, 2025, to Friday, January 31, 2025.
However, since in 2025, all 5 days of the Lunar New Year holiday fall on weekdays, employees will get two additional days off for the weekend before and two days off after the New Year.
Thus, for the Lunar New Year in 2025, officials and public employees, employees in Vietnam will have 9 consecutive days off.
Official: 9 consecutive days off on Lunar New Year in 2025 in Vietnam (Image from the Internet)
Is it permissible to employ employees for overtime during Lunar New Year in 2025 in Vietnam?
According to Article 107 of the Labor Code 2019 on overtime:
Article 107. Overtime work
- Overtime is the period of time worked beyond the normal working hours prescribed by law, a collective bargaining agreement, or internal labor regulations.
- Employers may have employees work overtime when the following requirements are fully met:
a) Must have the consent of the employee;
b) Ensure that the employee’s overtime does not exceed 50% of normal working hours in one day; if the normal working hours by week are applied, the total normal and overtime working hours must not exceed 12 hours in one day and not more than 40 hours in one month;
c) Ensure that the employee’s overtime does not exceed 200 hours in one year, except in cases prescribed in Clause 3 of this Article.
[...]
According to the above regulations, employers may have employees work overtime when the following requirements are fully met:
- Must have the consent of the employee
- Ensure that the employee's overtime does not exceed 50% of normal working hours in one day; if normal working hours by week are applied, the total normal and overtime working hours must not exceed 12 hours in one day and not more than 40 hours in one month;
- Ensure that the employee's overtime does not exceed 200 hours in one year, except in cases where the employer may have the employee work overtime up to 300 hours in one year in certain sectors, trades, or cases such as:
+ Production, processing for export of goods in textiles, garments, leather, footwear, electronics, processing of agricultural, forestry, salt mines, and aquatic products
+ Production, supply of electricity, telecommunications, oil refining; water supply and drainage
+ Resolving work requiring labor with a high level of professional or technical qualifications that the labor market does not meet adequately or promptly
+ Handling urgent work that cannot be postponed due to the seasonality, timing of raw materials, products, or resolving work arising from unforeseen objective factors, due to weather consequences, natural disasters, fires, enemy destruction, lack of electricity, raw materials, technical incidents of production lines
+ Other cases as prescribed by the Government of Vietnam
In which cases are employees in Vietnam not allowed to refuse overtime work?
Based on Article 108 of the Labor Code 2019, an employer has the right to require an employee to work overtime on any day without limitation on overtime hours and the employee may not refuse in the following cases:
- Execute mobilization, conscription orders ensuring defense and security tasks according to law
- Perform tasks to protect human life and property of agencies, organizations, and individuals in preventing and overcoming consequences of natural disasters, fires, dangerous epidemics, and disasters, except when there is a risk of affecting the life and health of the employee as prescribed by the law on occupational safety and health
