How many days off for Lunar New Year in Vietnam?

In Vietnam, employers will have 3 long holidays including the Lunar New Year holiday, the April 30th Victory Day holiday, the May 1st International Labor Day holiday, and the National Day holiday. One of the contents that many employees are interested in is the Vietnam Lunar New Year holiday (Tet Nguyen Dan). Below, Viet An Law will advise and answer the question asked by clients: How many days off for Lunar New Year in Vietnam?

Holiday and Tet holiday regime for cadres, civil servants, public employees, and employees

According to Article 13 of the Vietnam Law on Cadres and Civil Servants 2008, amended and supplemented in 2019, the rights of cadres and civil servants regarding holidays and Tet are stipulated as follows:

“Article 13. Rights of cadres and civil servants regarding rest

Cadres and civil servants are entitled to annual leaves, holidays, and leaves to deal with personal affairs according to the labor law. If, due to task requirements, cadres and civil servants do not use or have not used up annual days off, in addition to salaries, they may be paid a sum equal to salaries for days on which they still work”

Pursuant to Article 13 of the Law on Public Employees 2010, amended and supplemented in 2019, public employees’ rights to rest are stipulated as follows:

“Article 13. Rights of public employees to rest

…1. To take annual leaves, holidays, and leaves for personal reasons under the labor law. Public employees who do not use any or all of prescribed annual leave days due to work requirements are entitled to a sum of money for those days on which they work”

Thus, cadres, civil servants and public employees are also entitled to Tet holidays like employees. According to Clause 1, Article 112 of the Labor Code 2019, employees are entitled to take days off on the following holidays and Tet:

• New Year’s Day: 01 day (January 1^st);
• Lunar New Year: 05 days;
• Victory Day: 01 day (April 30^th);
• International Workers’ Day: 01 day (May 1^st);
• National Day: 02 days (September 2^nd and 01 day before or after);
• Hung Kings Commemoration: 01 day (10^th day of the 3^rd lunar month).

Note: Foreign workers working in Vietnam, in addition to the above holidays, are also entitled to 1 day off for their traditional New Year and 1 day off for their country’s National Day.

How many days off for Lunar New Year in Vietnam?

Pursuant to Clause 3, Article 112 of the Labor Code 2019, every year, based on actual conditions, the Prime Minister decides specifically on the Lunar New Year holidays.

This year, the Ministry of Labor, Invalids and Social Affairs has sent a document to ministries and branches asking for opinions on the holiday schedule in 2025. Regarding the Lunar New Year holiday schedule in 2025, the Ministry of Labor, Invalids and Social Affairs proposed a holiday plan as follows:

• For civil servants and public employees, the holiday starts from December 26, the year of Giap Thin, to January 5, the year of At Ty (ie from January 25 to February 2, 2025).
• According to this plan, for the Lunar New Year 2025, civil servants and public employees will have 9 days off (including 5 days off for Tet and 4 days off every week).
• Explaining the reason for only offering one option for the Lunar New Year 2025 holiday, a representative of the Ministry of Labor, Invalids and Social Affairs said that this option is the most reasonable, because according to the Labor Code 2019, workers are entitled to 5 days off for the Lunar New Year. If the official holiday coincides with a weekly day off, the principle of contiguity or exchange will be applied so that people can have a long, continuous holiday.

After receiving the official dispatch from the Ministry of Labor, Invalids and Social Affairs on the proposal for holidays and Tet in 2025, the Ministry of Home Affairs agreed in principle that cadres, civil servants, and public employees will have 9 days off for Tet, from January 25, 2025 (ie December 26, Giap Thin year) to February 2, 2025 (January 5, At Ty year).

On October 22, 2024, the Ministry of Labor, Invalids and Social Affairs submitted a document to the Government on the plan for the Lunar New Year holidays and other holidays in 2025.

Thus, if the plan submitted by the Ministry of Labor, Invalids and Social Affairs is approved, in 2025, officials, civil servants, and public employees will have 9 consecutive days off for Lunar New Year.

Notes for Lunar New Year holiday schedule 2025 for employees

The annual Lunar New Year holiday schedule is for state employees, however, the Ministry of Labor, Invalids and Social Affairs encourages enterprises to give employees the above schedule.

The Ministry of Labor, Invalids and Social Affairs requires employers to decide on 1 of 3 Tet holiday options:

• 1 day off at the end of the Giap Thin year and 4 days at the beginning of the At Ty year;
• 2 days off at the end of the Giap Thin year and 3 days at the beginning of the At Ty year;
• 3 days off at the end of the Giap Thin year and 2 days at the beginning of the At Ty year.

Accordingly, employers must notify employees of the Lunar New Year holiday plan 30 days in advance.

Note how to calculate Tet holiday time

Pursuant to Article 147 and Article 148 of the Civil Code 2015, the method of calculating the period determined by days is prescribed as follows:

• When the period is determined by days, weeks, months, or years, the first day of the period is not counted but is counted from the next day following the determined date.
• When the period is calculated in days, the period ends at the end of the last day of the period.
• When the last day of the period falls on a weekend or public holiday, the period ends at the end of the working day following that holiday.
• The end time of the last day of the period is at twenty-four o’clock on that day.

At the same time, pursuant to Clause 3, Article 111 of the Labor Code 2019, if a weekly day off coincides with a holiday or Tet holiday, the employee is entitled to take a compensatory day off on the next working day.

Thus, the Lunar New Year holiday will last 9 days, from January 25, 2025 to February 2, 2025, which is understood to start from January 25, 2025 (ie December 26, Giap Thin year) to February 2, 2025 (January 5, At Ty year). This includes 5 days off for Tet according to regulations and 4 days off every week.

Will the Lunar New Year 2024 holiday be paid?

Pursuant to Clause 1, Article 112 of the Labor Code 2019, employees are entitled to take days off on holidays and Tet and receive full salary according to regulations.

Therefore, the Lunar New Year holiday in 2024 will be paid.

How are employees paid for working on holidays and Tet?

Pursuant to Clause 1, Article 98 of the Labor Code 2019, overtime wages are regulated as follows:

“Article 98. Overtime pay, night work pay

…1. An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:

a) On normal days: at least 150%;

b) On weekly days off: at least 200%;

c) During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.

…2. An employee who works at night will be paid an additional amount of at least 30% of the normal salary.

…3. An employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and Clause 2 of this Article, an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.”

Thus, employees working on holidays and Tet holidays are entitled to receive a salary of at least 300%, not including the salary for holidays and Tet holidays and paid leave days for employees receiving daily wages. Specifically, according to the guidance in Article 55 of Decree 145/2020/ND-CP, overtime wages on holidays and Tet holidays of employees are calculated as follows:

• Overtime pay on holidays and Tet holidays for employees paid by time:

Overtime pay = Hourly salary in a normal working day (normal hourly salary) x At least 300% x Overtime hours

• Overtime pay on holidays and Tet holidays for employees paid by product:

Overtime pay = Piece rate in a normal working day (normal piece rate) x At least 300% x Additional quantity of products

In which, the actual hourly wage paid for the work being done on a normal working day is determined by:

Actual salary paid for overtime work / total actual hours worked.

Notes:

• Employees who work overtime on a holiday that falls on a weekly day off will be paid overtime wages on the holiday.
• In case of working overtime on a compensatory day off when the holiday falls on a weekly day off, employees will be paid overtime wages on the weekly day off.

Above is the advice of Viet An Law for the question: How many days off for Lunar New Year in Vietnam? If you have any related questions on labor regulation or labor contract, please contact Viet An Law for the best advice and support!