Library

Regulations on Pay to Employees Working During Lunar New Year Holiday

Under the provisions of Article 106.1 of the Labor Code 2012, overtime is a period of work outside normal working hours prescribed by law or according to a labor agreement or regulation. Depending on the needs and agreement of the two parties, the enterprise may request employees to work overtime during lunar new year (Tet) holiday, but must not exceed 12 hours in a day and must pay overtime as prescribed by law.

According to Article 25 of Decree No. 05/2015 / ND-CP, the salary for overtime work on lunar new year holiday for employees is prescribed as follows:

An employee who works overtime in the daytime of the lunar new year holiday is entitled to at least 300% of the normal day salary, excluding the salary on that new year holiday if the employee receives wages.

Employees who work overtime at night during lunar new year holiday, apart from enjoying 300% of the normal daily salary, excluding the salary, if the employee receives a daily salary, the employee is also paid at least 30% extra of the average daily wage, and 20% extra of the of the lunar new year holiday pay rate.

In particular, night working hours are calculated from 10:00 pm to 6:00 am of the following day.

For employees who work overtime on the same day as lunar new year holiday, they shall receive overtime pay according to lunar new year holiday; if the lunar new year holiday is the same as a weekly holiday, pay overtime is same as pay for work in weekend.

In addition, when making overtime workers, the enterprise must pay attention to the maximum number of overtime hours a day and must organize compensatory leave for employees as prescribed in Article 106 of the Labor Code and Article 4. Decree 45/2013/ND-CP.

ANT Lawyers – A law firm in Vietnam, always follow up the labour matters to update clients on regular basis

How ANT Lawyers Could Help Your Business?

You could learn more about ANT Lawyers Employment Dispute Resolution Practice or contact our Employment Dispute Law Firm in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529

Tuan Nguyen

Recent Posts

Enforce a Foreign Arbitral Award in Vietnam: 7 Checks Before Filing

Winning an arbitration does not by itself recover money in Vietnam. To enforce a foreign…

3 days ago

Birth Re-Registration in Vietnam: Requirements When the Original Record Is Lost

Birth re-registration in Vietnam is an exceptional route for a birth that was registered with…

3 days ago

Birth Registration in Vietnam With a Foreign Parent: Documents and Current Procedure

Birth registration in Vietnam with a foreign parent is an initial civil-status procedure that creates…

3 days ago

Taiwan Anti-Dumping Investigation on Cold-Rolled Stainless Steel from Vietnam

On August 14, 2026, Taiwan's Ministry of Finance opened an anti-dumping investigation into certain cold-rolled,…

4 days ago

Vietnam Decree No. 314/2026/ND-CP on Data Exchange Transactions: FDI Impact

Decree 314 /2026/ND-CP, effective from September 25, 2026, establishes rules for listing, testing, contracting, delivering,…

5 days ago

Vietnam Birth Certificate Extract: 7 Requirements for Retrieval From Abroad

A Vietnam birth certificate extract can usually be requested when the birth was registered and…

1 week ago

This website uses cookies.