New Year's Eve Holiday 2023 of up to 3 days in Vietnam

1. New Year's Eve 2023: Employees are entitled to full pay leave in Vietnam

According to Point a, Clause 1, Article 112 of the Labor Code 2019, New Year's Day is defined as one of the holidays and New Year holidays in which employees are entitled to rest and full salary.

Specifically, on New Year's Eve, employees will have 01 day off on January 1st of the solar calendar.

However, January 1, 2023, falls on a Sunday as a weekly holiday. Pursuant to Clause 3, Article 111 of the Labor Code 2019, if the weekly rest day coincides with a public holiday or Tet, the employee is entitled to make up for the weekly rest day on the next working day.

Thus, on New Year's Eve 2023, employees can have a compensatory leave on Monday, January 2, 2023 (the next working day).

New Year's Eve Holiday 2023 of up to 3 days in Vietnam(Internet image)

2. New Year's Eve Holiday 2023 of up to 3 days in Vietnam

- For cadres, civil servants and public employees:

Article 13 of the Law on Cadres and Civil Servants and Article 13 of the Law on Public Employees stipulate that cadres, civil servants and public employees are entitled to annual leaves, holidays and leaves to deal with personal affairs according to the labor law.

Based on the provisions of Section 1 and the weekly leave regime, cadres, civil servants and public employees will be off for the New Year 2023 to 03 consecutive days:

+ 02 Saturdays, Sundays: weekly days off;

+ 01 Monday (January 2, 2023): Compensation leave because January 1, 2023 falls on a Sunday.

- For employees with weekly day offs of 02 days/week (Saturday, Sunday):

Similar to cadres, civil servants, public employees, employees who work with a weekly leave of 02 days/week (Saturday, Sunday), on New Year's Day 2023, employees will 3 consecutive days off (from Saturday, December 31, 2022 to the end of Monday, January 2, 2023).

- For employees with weekly day off of 01 day/week (Sunday):

In case employees work at enterprises with a weekly rest day (Sunday), on the occasion of the 2023 New Year holiday, the employee is entitled to 02 consecutive days off:

+ 01 Sunday: weekly days off;

+ 01 Monday (January 2, 2023): Compensatory holiday because January 1, 2023 falls on a Sunday.

3. On the occasion of New Year's Eve 2023, is it compulsory to give Tet bonuses to employees in Vietnam?

Clause 1, Article 104 of the Labor Code 2019 stipulates that a bonus means an amount of money, a piece of property or item that is provided by an employer for his/her employees on the basis of the business performance or the employees’ performance.

According to the above regulations, employers are not required to give Tet bonuses to employees. The current law also does not have specific regulations on the time and level of bonuses for employees.

Therefore, enterprises have full rights in choosing the time of reward and deciding the value of rewards for employees.

Therefore, depending on the financial situation of the business and the contributions of the employees, the enterprise may decide to reward or not reward the New Year 2023.

Nhu Mai

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