(+84) 9 61 57 18 18
info@vietanlaw.vn

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?

Table of contents

Hide

    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:

    Holiday regime for employees in Vietnam

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

    How many days off for Lunar New Year in Vietnam in 2025

    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!

    Related Acticle

    Establish a French invested company in Vietnam

    Establish a French invested company in Vietnam

    The presence of French businesses in Vietnam has played an important role in the country’s international economic integration. By transferring modern technology, multinational corporations from France not only improve the…
    Worker can unilaterally terminate labor contract in Vietnam without reason

    Worker can unilaterally terminate labor contract in Vietnam without reason

    In modern society, freedom of labor is one of the basic human rights. This means that workers have the right to choose and decide their work proactively. One of the…
    Offshore Investment Procedure in Vietnam

    Offshore Investment Procedure in Vietnam

    Offshore investment is when individual/ institution investors transfer investment capital from Vietnam to foreign countries, using profits earned from this investment capital to carry out business investment activities abroad. Investors…
    List of goods and services for national centralized procurement in Vietnam

    List of goods and services for national centralized procurement in Vietnam

    On October 1st, 2024, the Ministry of Finance issued Circular No. 69/2024/TT-BTC, which regulates the list of goods and services for national centralized procurement. The Circular will take effect from…
    Compare legal representative with representative managing capital contribution

    Compare legal representative with representative managing capital contribution

    The legal representative and the representative managing capital contribution represent the organization and exercise certain rights and obligations on behalf of that organization. Many people confuse these two subjects when performing…

    CONTACT VIET AN LAW

    Hanoi Head-office

    #3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam

    info@vietanlaw.vn

    Ho Chi Minh city office

    Room 04.68 vs 04.70, 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street, District 4, HCM, Viet Nam

    info@vietanlaw.vn

    SPEAK TO OUR LAWYER

    English speaking: (+84) 9 61 57 18 18 - Lawyer Dong Van Thuc ( Alex) (Zalo, Viber, Whatsapp)

    Vietnamese speaking: (+84) 9 61 37 18 18 - Dr. Lawyer Do Thi Thu Ha (Zalo, Viber, Whatsapp)