During one year of work, employees in Vietnam will have several public holidays that fall on special, important occasions. This is also a period for employees to rest during their working process. Coming up, employees will have a total of 11 public holidays during the year.
Article table of contents
What's new in the public holiday schedule for employees from 2021 in Vietnam? (Illustrative Image)
1. Employees in Vietnam are entitled to a total of 11 public holidays in a year, with 1 added day for National Day on September 2
Starting from 2021, according to the Labor Code 2019, employees have a total of 11 public holidays in a year, as follows:
| Holiday, Tet Occasion | Number of Days Off | Date |
| Gregorian Calendar New Year Holiday | 1 day | January 1 (Gregorian) |
| Lunar New Year Holidays | 5 days | (as determined by the Prime Minister of the Government of Vietnam) |
| Victory Day (April 30) | 1 day | April 30 (Gregorian) |
| International Labor Day (May 1) | 1 day | May 1 (Gregorian) |
| National Day | 2 days | the 2nd of September of the Gregorian calendar and the previous or next day (as determined by the Prime Minister of the Government of Vietnam) |
| Hung Kings Commemoration Day (10th of the third month of the Lunar calendar) | 1 day | 10th of the third month of the Lunar calendar |
Thus, since the Labor Code 2019 takes effect (from January 1, 2021), employees will have an additional day off on National Day, September 2. This means that on the next National Day, employees will have 2 days off: September 2, 2021, and one day before or after September 2, 2021 (the exact date to be determined by the Prime Minister of the Government of Vietnam).
Current Law:
According to point dd clause 1 Article 115 of the Labor Code 2012, employees are entitled to a total of 10 public holidays in a year. Among these, National Day is only one day off on September 2 (Gregorian).
2. The annual Lunar New Year and National Day holidays shall be determined by the Prime Minister of the Government of Vietnam
According to clause 3, Article 112 of the Labor Code 2019, each year, based on actual conditions, the Prime Minister of the Government of Vietnam will determine specific holidays for the Lunar New Year and National Day on September 2.
This differs from the current law as specified in point b, clause 1, Article 115 of the Labor Code 2012, guided by Article 8 of Decree 45/2013/ND-CP, as follows:
1. The Lunar New Year holiday period under Clause 1, Article 115 of the Labor Code is chosen by the employer as 1 day at the end of the lunar year and 4 days at the beginning of the new lunar year, or 2 days at the end of the lunar year, and 3 days at the beginning of the new lunar year. 2. The employer is responsible for notifying the Lunar New Year holiday plan to employees at least 30 days in advance.
Thus, from January 1, 2021, employers will no longer have the right to independently select the Lunar New Year holidays for employees. Instead, the Lunar New Year and National Day holidays will be determined by the Prime Minister of the Government of Vietnam.
3. Employees working on public holidays shall receive the same wage policies as current regulations in Vietnam
According to Article 98 of the Labor Code 2019, employees working extra hours on public holidays are entitled to at least 300% of the wage calculated based on the unit price of the wage or the actual wage paid for the work not counting the wage for public holidays, and paid days off for employees earning daily wages.
If an employee works extra hours at night, they will receive an additional 20% wage calculated based on the unit price of the wage or the wage for daytime work.
Thus, starting January 1, 2021, employees working on public holidays will still receive the same wage policies as current regulations, with no changes compared to Article 97 of the Labor Code 2012.
Thuy Tram
- Key word:
- public holiday
- Vietnam
- employee
