Cases in which overtime work exceeding 200 hours but not exceeding 300 hours is permissible in accordance with Vietnam’s regulation

Specifically, according to Article 61 of the Decree No. 145/2020/NĐ-CP of Vietnam’s Government, in addition to the cases specified in Point a, Point b, Point c, Point d Clause 3 Article 107 of the Labor Code of Vietnam, overtime work exceeding 200 hours but not exceeding 300 hours is permissible in the following cases:

- The works are urgent and cannot be delayed due to objective factors that are directly relevant to performance of state agencies and units, except the cases specified in Article 108 of the Labor Code of Vietnam.

- Provision of public services; medical services; educational and vocational training services.

- Production and business operation works at enterprises whose normal working hours do not exceed 44 hours per week.

Besides, Article 62 of the Decree No. 145/2020/NĐ-CP of Vietnam’s Government also stipulates that when organizing overtime work that is exceeding 200 hours but not exceeding 300 hours per year, the employer shall notify the Departments of Labor, War Invalids and Social Affairs of:

- The province where the overtime work takes place;

- The province where the employer is headquartered if it is different from the province where the overtime work takes place.

Note: The notification shall be sent within 15 days from the initiation date of the overtime work. The notification shall be prepared according to Form No. 02/PLIV in Appendix IV hereof.

View more details at the Decree No. 145/2020/NĐ-CP of Vietnam’s Government, effective from February 01, 2021.

Le Vy

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