Vietnam Advisory on Swapping of Working Days Around April 30 and May 1, 2024 Holidays

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Vietnam’s labor authority MOLISA has proposed a swap of workdays for the 2024 Reunification Day (April 30) and International Workers’ Day holiday (May 1). Officials, public employees, and employees of state administrative agencies and public service providers will see their working day on April 29, 2024 (Monday), swapped with May 4, 2024 (Saturday). Non-public enterprises have been encouraged to align their holiday policy with state agencies and public service providers.

The Ministry of Labor, War Invalids, and Social Affairs (MOLISA) has released Notice 1570/TB-BLDTBXH, dated April 11, 2024, regarding the proposed swapping of workdays for the Reunification Day (April 30) and International Workers’ Day (May 1) holiday in 2024. This is in accordance with Prime Minister Pham Minh Chinh’s directive outlined in Official Dispatch 2450/VPCP-KGVX, issued by the Government Office.

Foreign enterprises, international businesspeople, and investors are advised to manage their organization’s working schedule and meetings per the official notification and advisory. State agencies and public officials will not be working for 5 days during the period from April 27 to May 4.

Holiday schedule in Vietnam around Reunification Day and International Workers’ Day

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The Ministry of Labor, War Invalids, and Social Affairs has informed state administrative agencies, public service providers, and private enterprises of the following changes:

  • Officials, public employees, and employees of state administrative agencies and public service providers will see their working day on April 29, 2024 (Monday), exchanged with May 4, 2024 (Saturday). This adjustment grants them five consecutive days off from April 27, 2024 (Saturday) to May 1, 2024 (Wednesday), for the 2024 Reunification Day and International Workers’ Day holiday. Subsequently, May 4, 2024 (Saturday), will serve as the compensatory working day.
  • Agencies and units implementing this schedule have been advised to organize their departments in a rational manner to ensure continuous workflow and provide optimal service to their organizations and the public. Officials will be designated to be on standby during the holiday to address urgent and unforeseen matters. Agencies and units not observing automatic days off on Saturday and Sunday each week should devise their own holiday schedules in accordance with legal regulations.
  • Employers in enterprises are encouraged to adopt the same holiday schedule for their employees as that applied to officials and public employees, ensuring that their employees receive all benefits mandated by law. The government encourages policies that offer additional benefits to employees.

Concerning legal basis: No: 1511/BLDTBXH-CATLD

“Regarding legal grounds: pursuant to Clause 3 Article 112 of the Labor Code, every year, according to actual conditions, the Prime Minister issues decisions on specific schedules for Lunar New Year Holiday and National Day Holiday.  Pursuant to point b Clause 2 Article 28 of the 2015 Law on Government Organization (amended by the 2019 Law), the Prime Minister “directs management of officials and public employees in state administrative agencies and public service providers”.”

On this basis, the Ministry of Labor, Invalids and Social Affairs reports to the Prime Minister on the proposal to swap the normal working day with another day off during the Reunification Day (April 30th) and International Workers’ Day (May 1st) holiday of 2024 for officials, public employees and employees of state administrative agencies and public service providers (hereinafter referred to as “officials and public employees) and employees of enterprise clusters who are not public employees (hereinafter referred to as “employees”).”

Penalty for not giving time off to employees on national holidays

There are repercussions for failing to grant employees leave on April 30 and May 1 in Vietnam.

According to Clause 2, Article 18 of Decree 12/2022/ND-CP, violations concerning working hours and rest periods are outlined as follows:

  • An employer who contravenes regulations on weekly breaks, annual leave, or public holidays may face a fine ranging from VND 10,000,000 to VND 20,000,000.
    This penalty applies to individuals; for organizations, the fine is double that of individuals (Article 6 of Decree 12/2022/ND-CP).
  • As April 30 and May 1 are legally recognized holidays, failure by an employer to provide employees with time off during these dates could result in fines ranging from VND 10,000,000 to VND 20,000,000. Violating organizations may be subject to fines ranging from VND 20,000,000 to VND 40,000,000.

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