What is lunar calendar for January 2024 in Vietnam? On Lunar New Year 2024, what day do civil servants, public employees, and employees take leaves in Vietnam?

What is lunar calendar for January 2024 in Vietnam?

You can refer to the following lunar calendar for 2024:

According to this Article, the lunar calendar in January 2024 will start from November 20, the year of the Quy Mao, to December 21, the year of Quy Mao. January 2024 has 31 days.

On Lunar New Year 2024, what day do civil servants, public employees, and employees take leaves in Vietnam?

In Notice 5015/TB-LDTBXH 2023 on Lunar New Year holidays for officials, civil servants, public employees and workers. As follows:

(1) Officials, civil servants and public employees:

- 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.

(2) Employees in businesses

For employees who are not employees of administrative agencies, public service agencies, political organizations, and socio-political organizations, the employer decides on the Lunar New Year holiday plan. 2024 calendar is as follows:

- For the Lunar New Year holiday: choose 01 last day of the year Quy Mao and 04 first days of the year Giap Thin or 02 last days of the year Quy Mao and 03 first days of the year Giap Thin or 03 last days of the year Quy Mao and 02 first days of the year Giap Thin.

- Inform the 2024 Lunar New Year holiday plan to employees at least 30 days before implementation.

- 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.

- Encourage employers to apply Lunar New Year holidays for employees as prescribed for civil servants and public employees.

In short, for Lunar New Year 2024, officials, civil servants and public employees will have 7 days off starting from February 8, 2024 of the solar calendar (ie December 29, Quy Mao year) until Wednesday, February 14, 2024 solar calendar (ie January 5th, Giap Thin year).

As for employees, it will be decided by each business.

What are 02 cases where employees are required to work overtime on Lunar New Year in Vietnam?

In Article 107 of the 2019 Labor Code, there are regulations on overtime work as follows:

Overtime work 

1. Overtime work is the duration of work performed at any other time than during normal working hours, as indicated in the law, collective bargaining agreement or internal labor regulations of an employer.

2. An employer has the right to request an employee to work overtime when all of the following conditions are met:

a) The employee agrees to work overtime;

b) The number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day; in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day, and 40 hours in 01 month;

c) The total overtime working hours do not exceed 200 hours in 01 year, except for the cases specified in Clause 3 of this Article.

 

In Article 108 of the 2019 Labor Code on overtime working in special cases as follows:

Overtime working in special cases

In the following cases, an employer has the right to request any employee to work overtime on any day without limits on the overtime hours as prescribed in Article 107 of this Labor Code and the employee must not decline:

1. Execution of a conscription order for the purpose of national security or national defense as prescribed by law;

2. Performance of tasks necessary to protect human life or property of certain organizations or individuals in the prevention and recovery of natural disasters, fires, epidemics and disasters, unless those tasks threaten the employees’ health or life as prescribed by occupational safety and health laws.

Thus, there are two cases where employees are required to work overtime on Lunar New Year in Vietnam without being able to refuse:

(1) Execution of a conscription order for the purpose of national security or national defense.

(2) Performance of tasks necessary to protect human life or property of certain organizations or individuals in the prevention and recovery of natural disasters, fires, epidemics and disasters.

Best regards!