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Vietnam public holidays and what employers must pay
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Vietnam public holidays give employees 10 paid days off a year under the Labour Code. An employer who asks staff to work on one must pay at least 300 percent of the normal wage for that work. This guide lists the days, explains the pay rule and covers a few cases that cause mistakes.
It reflects the Labour Code of 2012 and Decree 05/2015. It is general information, not legal advice.
The ten paid days
Article 115 of the Labour Code lists the days when employees get a full paid day off. The list is fixed by law. Here it is.
- Solar New Year: 1 day, on 1 January.
- Lunar New Year (Tet): 5 days.
- Victory Day: 1 day, on 30 April.
- International Labour Day: 1 day, on 1 May.
- National Day: 1 day, on 2 September.
- Hung Kings Commemoration Day: 1 day, on the 10th day of the third lunar month.
That adds up to 10 days. Foreign employees working in Vietnam get one more day for a traditional holiday of their own country and one more for their own National Day.
Sources: Labour Code, Law No. 10/2012/QH13 of 18 June 2012 (Article 115).
The 2017 calendar
Some of the dates move each year, because the lunar days change. In 2017 the Hung Kings day falls on Thursday, 6 April. The Ministry of Home Affairs has also agreed a seven day Tet break for state employees, from 26 January to 1 February 2017. Workers swap some working days to make the break longer.
These longer breaks are set for state bodies. A private employer is bound only by the five days in the Code. It may offer more, and many do. If you plan to move working days around, agree it with your staff and write it down.
Sources: Viet Nam News, "Ministry nod for 2017's national holidays", 3 November 2016; Labour Code 2012 (Article 115).
Pay for working on a public holiday
Staff may be asked to work on a public holiday. The law then treats the hours as overtime. Article 97 of the Labour Code and Article 25 of Decree 05/2015 set the minimum overtime rates.
| When the overtime happens | Minimum pay |
|---|---|
| On a normal working day | 150 percent of the normal wage |
| On a weekly rest day | 200 percent of the normal wage |
| On a public holiday or paid leave day | 300 percent of the normal wage |
The 300 percent rate does not include the pay the employee already gets for the holiday itself. For employees paid by the day, the decree says the holiday wage is a separate amount. So the day of work costs you the 300 percent for the hours, plus the usual holiday pay where the law requires it.
Sources: Labour Code 2012 (Article 97); Decree No. 05/2015/ND-CP of 12 January 2015 (Article 25), English text on english.luatvietnam.vn.
Night work on a holiday
Night work earns more. Under Article 97, an employee who works at night receives a night premium of at least 30 percent of the normal wage. Decree 05/2015 adds a rule for overtime done at night. The worker gets an extra 20 percent of the day rate on top of the overtime amount.
This means a night shift on a public holiday costs more than a day shift on the same date. Work out the full figure before you put anyone on the roster.
Sources: Labour Code 2012 (Article 97); Decree No. 05/2015/ND-CP (Article 25).
When a holiday falls on a weekend
A holiday can land on the weekly rest day. Article 115 says the employee then takes a compensatory day off on the next working day. If the person works on the holiday itself, the 300 percent rate applies.
National Day on 2 September 2017 is a Saturday. Staff will be due a compensatory day, so plan for it early.
Sources: Labour Code 2012 (Article 115); Viet Nam News, 3 November 2016.
A short checklist for employers
- Print the ten days and the foreign worker extras in your staff rules.
- Tell staff early when you will move working days around a holiday.
- Keep a record of who worked on each holiday and for how many hours.
- Pay holiday work at 300 percent or more, plus any holiday wage owed.
- Ask a Vietnamese labour lawyer to check unusual cases.
Good records matter most. If a pay question comes up, a clear timesheet and a written agreement settle most of it.
Sources
- Labour Code, Law No. 10/2012/QH13 of 18 June 2012 (Articles 97, 115).
- Decree No. 05/2015/ND-CP of 12 January 2015, English text, english.luatvietnam.vn.
- "Ministry nod for 2017's national holidays", Viet Nam News, 3 November 2016.