What day is October 15? Are employees in Vietnam entitled to a day off on that day?
What day is October 15?
Based on Article 9 of Circular 09/2024/TT-BCA, which specifies responsibilities:
Article 9. Specific Responsibilities
1. The Department for Building the Movement to Protect National Security:
a) Research and propose to the leadership of the Ministry of Public Security to advise the National Assembly, the Standing Committee of the National Assembly, the Government of Vietnam, and the Prime Minister of Vietnam to issue under their authority legal documents, policies, and measures concerning the implementation of mass mobilization work to meet the demands and tasks of ensuring security and order. Take the lead in cooperating with relevant units to advise the leadership of the Ministry of Public Security on organizing guidance, inspection, urging, preliminary, and final reviews of the implementation of policies, measures, and regulations specified in this clause;
b) Research and propose to the Minister of Public Security decisions on policies, programs, and plans to cooperate with the Central Mass Mobilization Committee, agencies, ministries, departments, committees, organizations, and central socio-political organizations to execute the mass mobilization work of the People’s Police Force. Take the lead in coordinating the implementation of policies, programs, and plans stipulated in this clause;
c) Lead and advise the Ministry of Public Security to direct and guide activities within the People’s Police aligned with the commemoration of the Traditional Day of Mass Mobilization Work of the Communist Party (October 15), and the “All People Protect National Security Day” (August 19);
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Thus, every year, October 15 is the Traditional Day of Mass Mobilization Work of the Communist Party.
What day is October 15? Are employees in Vietnam entitled to a day off on that day?
Are employees in Vietnam entitled to a day off on October 15, 2024?
According to Article 112 of the Labor Code 2015 stipulating public holidays:
Article 112. Public Holidays
1. Employees are entitled to a day off work with full pay on the following public holidays:
a) New Year's Day: 01 day (January 1 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 1 of the Gregorian calendar);
dd) National Day: 02 days (September 2 of the Gregorian calendar and 01 contiguous day before or after);
e) Hung Kings' Commemoration Day: 01 day (March 10 of the Lunar calendar).
Foreign Employees working in Vietnam are entitled to an additional 01 traditional Tet holiday or 01 National Day of their country besides the holidays specified in clause 1 of this Article.
Annually, based on actual conditions, the Prime Minister of the Government of Vietnam decides specific days off prescribed in points b and dd clause 1 of this Article.
As per the above regulation, Employees in Vietnam are entitled to a day off with full pay on these days:
- New Year's Day: 01 day (January 1 of the Gregorian calendar)
- Lunar New Year: 05 days
- Victory Day: 01 day (April 30 of the Gregorian calendar)
- International Labor Day: 01 day (May 1 of the Gregorian calendar)
- National Day: 02 days (September 2 of the Gregorian calendar and 01 contiguous day before or after)
- Hung Kings' Commemoration Day: 01 day (March 10 of the Lunar calendar)
Additionally, foreign Employees in Vietnam are entitled to an extra day off for their country's traditional Tet and National Day.
Thus, on October 15, 2024, Employees are not entitled to a day off with full pay. However, Employees may use their annual leave entitlement to take the day off (Article 113 of the Labor Code 2019) or take unpaid leave if agreed upon (Article 115 of the Labor Code 2019).
How many days of annual leave are employees working under normal conditions entitled to?
Pursuant to Article 113 of the Labor Code 2019 regarding annual leave in Vietnam:
Article 113. Annual Leave
1. Employees who have worked full 12 months for an employer are entitled to annual leave, with full pay in accordance with the labor contract as follows:
a) 12 working days for employees in regular working conditions;
b) 14 working days for minor employees, employees with disabilities, those doing heavy, hazardous, or dangerous jobs;
c) 16 working days for employees doing especially heavy, hazardous, or dangerous jobs.
2. Employees who have not worked full 12 months for an employer shall have the annual leave proportionate to the number of months worked.
3. In the event of termination of employment or job loss without having taken or fully taken annual leave, the employer shall pay the salary for untaken leave days.
[...]
According to the above regulation, employees working in regular conditions who work full 12 months for an employer are entitled to 12 days of annual leave.
Moreover, for every 05 continuous years of service for an employer, an employee's annual leave entitlement is increased by 01 day. (As regulated in Article 114 of the Labor Code 2015)
