For many, the Lunar New Year, or Tet, is the most important holiday in Vietnam. While public sector employees often enjoy extended breaks, private sector workers also have options to secure a longer holiday period in 2026. Understanding the legal framework and available choices can help employees plan for a significant nine-day break, even though the core entitlement is 5 days.

**1. Are public and private sector Lunar New Year holidays different in length?**

According to point b, clause 1, Article 112 of the Labor Code 2019, employees are entitled to 5 days of paid leave for the Lunar New Year. For public sector employees, including cadres, civil servants, public employees, and workers in administrative agencies, public service units, political organizations, and socio-political organizations, the Lunar New Year 2026 holiday schedule is from monday, 16/2/2026 (the 29th day of the 12th lunar month in the Year of At Ty) to the end of friday, 20/2/2026 (the 4th day of the 1st lunar month in the Year of Binh Ngo). This includes one day before Tet and 4 days after Tet, as outlined in clause 1 of Notice 9441/TB-BNV dated 16/10/2025 from the Minister of Home Affairs.

Therefore, the number of Lunar New Year 2026 holiday days for both public and private sector employees is the same at 5 days. However, the exact holiday period may differ, as weekly rest day policies can vary between the two sectors. Private sector employers can choose a different Lunar New Year 2026 holiday schedule compared to the public sector.

**2. Who determines the Lunar New Year 2026 holiday schedule for private sector employees?**

Under clause 3, Article 112 of the Labor Code 2019, the Prime Minister specifically determines the Lunar New Year 2026 holiday schedule for private sector employees.

**3. What are the options for private sector Lunar New Year 2026 holidays?**

Clause 6 of Notice 9441/TB-BNV dated 16/10/2025 from the Minister of Home Affairs indicates that the Prime Minister allows employers to choose one of three options for the 5-day Lunar New Year 2026 holiday:

- One day at the end of the Year of At Ty and 4 days at the beginning of the Year of Binh Ngo; or

- Two days at the end of the Year of At Ty and three days at the beginning of the Year of Binh Ngo; or

- Three days at the end of the Year of At Ty and two days at the beginning of the Year of Binh Ngo.

Employers must inform their employees of the chosen Lunar New Year 2026 holiday plan at least 30 days before its implementation.

**4. Can private businesses with a one-day weekly rest (sunday) offer a continuous 9-day Lunar New Year 2026 holiday?**

Yes, this is possible. Clause 6 of Notice 9441/TB-BNV dated 16/10/2025 from the Minister of Home Affairs encourages employers to align their employees' Lunar New Year holiday period with that of public sector employees, and also encourages agreements that are more beneficial to employees. Therefore, private enterprises with a one-day weekly rest (sunday) are permitted to grant their employees a continuous 9-day Lunar New Year 2026 holiday, similar to public sector employees. This extended break would comprise the 5 regulated Lunar New Year 2026 holiday days, plus two saturdays and two sundays.

For the two saturdays, employers have several options: these days can be designated as annual leave; employees can take unpaid leave (if they agree); employers can grant these two days as additional paid leave; or employees can make up the work (if they agree and compensation policies comply with legal regulations).

**5. How can private sector employees secure a longer Lunar New Year 2026 holiday?**

Private sector employees who wish for a longer Lunar New Year 2026 holiday than the schedule announced by their employer can negotiate with the employer to take additional days immediately before and/or after the scheduled Tet holiday period. This additional leave can be either unpaid leave or annual leave days.

Lawyer Pham Thanh Huu

Ho Chi Minh City Bar Association