DECISION

ON THE APPLICATION OF NEW WORKING REGIME OF 40 HOURS A WEEK

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Labor Code of June 23, 1994;
Pursuant to the Government’s Decree No.195/CP of December 31, 1994 specifying and guiding the implementation of a number of articles of the Labor Code on working time and rest time;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECIDES

Article 1.- To apply the working regime of 40 hours a week, with five working days and two rest days on Saturday and Sunday, to officials and public employees as well as laborers in the administrative and non-business agencies and units; political organizations, socio-political organizations (hereinafter referred collectively to as the units).

Article 2.- While applying the working regime of 40 hours within 5 days a week, the units shall have to ensure the following conditions:

- To complete the assigned work volume ensuring the quantity, quality and effectiveness thereof;

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- Not to increase the administrative expenditures, payrolls or wage funds; except for same special cases where wage funds may rise but the total expenditures must not increase;

- To promptly clear the administrative procedures at the requests of organizations and/or individuals;

- For the units working round the clock, working shifts shall be rationally organized on the basis of the existing payroll staff in order to meet the above-mentioned conditions;

- For the units that can not effect the weekly days-off on Saturday and Sunday due to their work nature, such days-off shall be arranged on other days of the week.

Article 3.- The Ministry of Labor, War Invalids and Social Affairs shall have to guide the application of the regime of reducing the weekly working hours by the State enterprises and non-business economic and services units according to the provisions of the Law on State Enterprises.

Article 4.- To encourage enterprises, production and business establishments of other economic sectors, foreign agencies and organizations as well as international organizations in Vietnam that employ laborers to apply the 40-hour-week working regime with 5 working days.

Article 5.- When the 40-hour-week working regime is applied, the daily salary level paid for overtime and/or night-time work, social insurance instead of salary,... shall continue to comply with current regulations.

Article 6.- This Decision takes effect as from October 2, 1999.

Article 7.- For the units which have not yet satisfied the conditions stipulated in the above-said Article 2, the working regime of 48 hours with 6 working days a week shall continue to apply.

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Article 7.- The ministries, branches and localities shall have to direct and guide the units under their respective management to implement this Decision; make sum-up reports and send them to the Ministry of Labor, War Invalids and Social Affairs.

The Ministry of Labor, War Invalids and Social Affairs shall have to monitor the general situation of implementation by the ministries, branches and localities and make the sum-up report to the Prime Minister.

The press, broadcasting and television agencies shall have to participate in explaining and disseminating the spirit of this Decision and report on the implementation thereof by ministries, branches, localities and units for timely settlement of difficulties and problems.

Article 9.- The ministers, the heads of the ministerial-level agencies, the heads of agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decision.

PRIME MINISTER




Phan Van Khai