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On the occasion of the Lunar New Year, employees are entitled to five days off with full pay, as per Clause 1, Article 112 of the 2019 Labor Code. However, Clause 3 of the same article states that each year, based on practical conditions, the Prime Minister shall decide on the specific days off for the Lunar New Year and National Day holidays.

Based on this provision, each year, relevant ministries and sectors propose a plan for the Lunar New Year holiday, suggested by the Ministry of Labor, Invalids, and Social Affairs (MOLISA). After compiling the opinions, MOLISA submits the plan to the Prime Minister for approval.

For the Lunar New Year holiday in 2025, the year of the Wooden Dragon, MOLISA has proposed a nine-day continuous holiday for officials, employees, and laborers in administrative agencies, public service units, political organizations, and socio-political organizations.

Many businesses give employees a long Tet holiday

Based on the legal provisions and the holiday schedule for officials and employees, non-state enterprises will calculate the holiday schedule for their employees, taking into account production conditions and the wishes of the employees.

However, considering the convenience of employees returning to their hometown for the New Year, especially those from faraway provinces, as of now, several enterprises have decided on an extended holiday schedule for their employees, ranging from 10 to 15 days.

In addition to the days off as stipulated, these enterprises will either provide additional paid days off, arrange for employees to work extra days before and after the holiday, or count the extra days as annual leave.

Regarding the option of counting the extra days as annual leave, many employees have expressed confusion about whether companies are allowed to deduct these days from their annual leave balance.

Article 113, Clause 4 of the 2019 Labor Code states: “The employer shall have the responsibility to decide on the annual leave schedule after consulting the employees and must inform them in advance. Employees can agree with the employer to divide their annual leave into several periods or accumulate it for a maximum of three years.”

According to this provision, enterprises can deduct the extra holiday days from the employees’ annual leave balance if they have consulted the employees and informed them in advance.

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