How many days off are employees in Vietnam entitled to on the National Day - September 2nd?

How many days off are employees in Vietnam entitled to on the National Day - September 2nd? (Illustration)

Lawnet would like to respond to the above question as follows:

On November 20, 2019, the National Assembly of Vietnam officially signed and promulgated the Labor Code 2019 replacing the Labor Code 2012. Currently, the holiday for National Day - September 2nd is regulated in both of these Codes. To be specific:

- Article 115 of the Labor Code 2012 stipulates holidays and New Year holidays as follows:

1. Employees are entitled to leave from work with full pay on the following holidays and New Year holidays:

dd) National Day: 1 day (September 2 of the Gregorian calendar);

The Labor Code 2012 has been in effect since May 1, 2013 and will expire on January 1, 2021. Therefore, this year 2020, the Labor Code 2012 is still in effect, so the National Day holiday on September 2 this year is still applied according to the regulations of the Labor Code 2012, i.e., employees are entitled to leave from work with full pay for 1 day on Wednesday, September 2 of the Gregorian calendar.

This year's National Day of Vietnam falls on a Wednesday, so officials and public employees and workers will only have 1 day off. If workers work on the holiday, they are entitled to additional pay of at least 300% of the working day's salary.

- Article 112 of the Labor Code 2019 stipulates holidays and New Year holidays as follows:

1. Employees are entitled to leave from work with full pay on the following holidays and New Year holidays:

dd) National Day: 2 days (September 2 of the Gregorian calendar and 1 contiguous day before or after);

Although the Labor Code 2019 was promulgated at the end of 2019, it will officially take effect at the beginning of 2021. Therefore, from next year 2021, the National Day will officially have 2 days off (September 2 of the Gregorian calendar and 1 contiguous day before or after).

Currently, since the Labor Code 2019 has been promulgated, the media and press have extensively covered that the National Day holiday is 2 days, but workers might misunderstand that the Labor Code 2019 will be applied this year. Hence, employers must clearly notify the holiday schedule with legal bases so that employees understand the effective date of the Labor Code 2019 to avoid confusion.

See details at Labor Code 2019, effective from January 1, 2021, replacing the Labor Code 2012.

Le Hai

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