CIRCULAR

1. Laborers working under the labor contract regime as prescribed in the amended and supplemented Labor Code in the following enterprises, agencies or organizations:

Enterprise Law, including: limited liability companies, joint-stock companies, partnerships and private enterprises;

Vietnam, including: joint-venture enterprises and enterprises with 100% foreign capital;

f/ Administrative and non-business agencies, political organizations, socio-political organizations, socio-political, and professional organizations, other social organizations and the armed forces, including organizations and units of administrative and non-business agencies, the Party, associations and self-financed mass societies, which are allowed to conduct production, business and service activities;

g/ Semi-public, people-founded and private establishments operating in the fields of culture, health, education and training, science, physical training and sports and other non-business branches;

2. Laborers and cooperative members who work and enjoy remuneration under labor contracts as prescribed in the amended and supplemented Labor Code in cooperatives set up and operating under the Cooperative Law.

3. Enterprises, agencies and organizations stated in Clause 1 and cooperatives stated in Clause 2 shall be referred collectively to as enterprises and units.

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Conditions and principles for working overtime for up to 200 hours a year:

Enterprises and units may arrange each laborer to work overtime for up to 200 hours a year if they fully meet the following conditions and principles:

1.1. Conditions for working overtime for up to 200 hours a year:

1.2. Principles for the organization of overtime working for up to 200 hours a year:

a/ Agreement must be reached with laborers one by one on working overtime, made according to set form;

b/ The overtime must not exceed 4 hours a day; particularly for laborers performing extremely heavy, hazardous or dangerous occupations or jobs, the overtime must not exceed 3 hours a day;

c/ The total overtime must not exceed 16 hours a week; particularly for laborers performing extremely heavy, hazardous or dangerous occupations or jobs, the total overtime must not exceed 12 hours a week;

d/ The total overtime in 4 consecutive days must not exceed 14 hours; particularly for laborers performing extremely heavy, hazardous or dangerous occupations or jobs, the total overtime in 4 consecutive days must not exceed 10 hours;

f/ In cases where laborers work overtime for more than 2 hours a day, before the overtime work, employers must arrange for them an additional rest time of least 30 minutes which shall be counted into the overtime;

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h/ To comply with the provisions of Articles 115, 122 and 127 of the amended and supplemented Labor Code on the ban or restriction of overtime for female laborers, juvenile laborers and disabled laborers;

2. Conditions and principles for overtime working for up to 300 hours a year:

2.1 Enterprises and units producing and/or processing export goods, including textile, garment, leather, shoe and processed aquatic products, which are allowed to organize the overtime working for between over 200 and 300 hours a year, must fully meet the following conditions and principles:

a/ Conditions for working overtime for between over 200 and 300 hours a year: When having to perform urgent work which cannot be delayed due to urgent requirements or the seasonal nature of production or due to objective factors which cannot be anticipated, though the overtime working for up to 200 hours a year has been organized, the work volume cannot be completely performed.

- To fully meet principles and conditions prescribed at Point 1.2 of Clause 1 above;

- To reach agreement with the grassroots trade union executive committees or provisional executive committees at the enterprises or units on the plans for overtime

2.2. Other enterprises and units, if having the demand to work overtime for between over 200 and 300 hours a year, shall have to send written requests therefor to the ministries, branches and provincial/municipal People's Committees, made according to set form.

3. Cases of necessity to overcome consequences of natural disasters, calamities, fires and spreading epidemics

Enterprises and units may mobilize laborers to work overtime for more than 4 hours a day when having to overcome serious consequences of natural disasters, calamities, fire or epidemics which spread within the enterprises and units, but the laborers' consents are required. This overtime shall not be counted into the total overtime a year, but entitled to wage and other overtime-related regimes as prescribed by the current legislation.

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1. Responsibilities of enterprises and units:

- To include the provisions on overtime working into their internal labor rules and collective labor agreements suitable to their production and/or business activities. On that basis, to publicly post them up for laborers to know and implement;

- To elaborate their production and/or business plans close to their annual production and/or business situations as to minimize overtime working. When organizing overtime working, to strictly comply with the provisions of this Circular;

- For laborers who are arranged to work overtime for many hours a year, enterprises and units shall have to care for their health, provide them with regular health checks and arrange rational rest for them so as to protect their health;

- To report to the Labor, War Invalids and Social Affairs Services of the provinces or centrally-run cities where the enterprises and units are headquartered on the overtime working in their enterprises and units during the year.

2. Responsibilities of the ministries, the ministerial-level agencies, the agencies attached to the Government and the provincial/municipal People's Committees:

- To direct competent functional State agencies of the ministries, ministerial-level agencies, agencies attached to the Government, or the provincial/municipal People's Committees to disseminate, urge, inspect and supervise the implementation of this Circular;

- To direct responsible agencies to receive the written requests and issue decisions permitting enterprises and units to organize overtime working for between over 200 and 300 hours a year. To reply enterprises and units within 15 days as from the date of receiving their written requests for permission.

3. Responsibilities of the provincial/municipal Labor, War Invalids and Social Affairs Services:

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- To receive requests for permission and submit them to the provincial/municipal People's Committees for the latter to issue decisions permitting enterprises and units to organize overtime working for between over 200 and 300 hours a year;

- To sum up and biannually and annually report on the organization of overtime working by enterprises and units in their respective localities to the Ministry of Labor, War Invalids and Social Affairs.

4. This Decision takes effect 15 days after its publication in the Official Gazette.

Any problems arising in the course of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for study and settlement.

MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS




Nguyen Thi Hang

FORM NO. 1

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Governing body: ……………………………………………..

Name of organization: ……………………………..

Department/division: ……………………………………………….

WORKER’S AGREEMENT ON WORKING OVERTIME 

- Overtime period: from ………………… to …………………………..

- Overtime location: ………………………………………………………….

No.

Full name

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Working hours in a day (hours)

Extra hours in a day (hours)

Signature of worker

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3.

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4.

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[Location and date]

REPRESENTATIVE OF THE UNION

(Signature and seal)

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(Signature and seal)

 FORM NO. 2

(Promulgated together with the Circular No. 15/2003/TT-BLĐTBXH dated June 03^rd  of the Ministry of Labor, War Invalids and Social Affairs)

Governing body: …………….
Name of organization: ……….

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. ......................................
Application for working overtime from over 200 hours to 300 hours in a year.

[Location and date]

To: (1)...................................................................

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I hereby request [the governing body] to consider allowing [name of the organization] to organize overtime work according to the plan mentioned above.

Receivers:
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POSITION OF THE SIGNER

(Signature, seal, and full name)

[1]. The application is made into 02 copies:

- 01 copy shall be kept by the organization;

- 01 copy shall be sent to:

+ The governing body, applicable to the organizations under its management;

+ The Service of Labor, War Invalids and Social Affairs, applicable to other organizations.

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FORM NO. 3

(Promulgated together with the Circular No. 15/2003/TT-BLĐTBXH dated June 03^rd of the Ministry of Labor, War Invalids and Social Affairs)

Governing body: ……………………………………………..

Name of organization: ……………………………..

PLAN FOR WORKING OVERTIME FROM OVER 200 HOURS TO 300 HOURS IN A YEAR

[Year]

1. The positions and works that need working overtime from over 200 hours to 300 hours in a year:

No.

Positions and works that need working overtime from over 200 hours to 300 hours in a year

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1.

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Notes: These reasons must be conformable with the conditions prescribed in Point 2.1 Clause 2 Section II of the Circular No. …………………………)

2. The commitments when organizing overtime work from over 200 hours to 300 hours in a year:

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Notes:

- These commitments must not contradict the rules in Point 2.1 Clause 2 Section II of the Circular No. …………………………)

- The agreements favorable to workers are encouraged to be extended when they work overtime, such as bonuses in kind, extra meals, extra health check, etc.

3. The opinions of the Executive Committee of the Grassroots Union or the provisional Union Executive Committee at the organization

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[Location and date]

REPRESENTATIVE OF THE UNION

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EMPLOYER
or authorized person

(Signature and seal)

FORM NO. 4

(Promulgated together with the Circular No. 15/2003/TT-BLĐTBXH dated June 03^rd of the Ministry of Labor, War Invalids and Social Affairs)

Governing body: …………….

SOCIALIST REPUBLIC OF VIETNAM

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No. ......................................

On working overtime from over 200 hours to 300 hours in a year.

[Location and date]      

To: [name of organization] ………. .......................................

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Primary contents in this part:

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- The occupations and works that are not allowed to work overtime from over 200 hours to 300 hours in a year. The reasons for disapproval

Receivers:
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POSITION OF THE SIGNER

(Signature, seal, and full name)