Overtime in Vietnam 2023 - Things businesses and workers need to know

In 2022, employees are allowed to work up to 60 hours/month, not more than 300 hours/year.

If in 2022, in the context of COVID-19 prevention and control and socio-economic recovery and development, the National Assembly Standing Committee of Vietnam approved Resolution 17/2022/UBTVQH15 on overtime hours within 01 year and 01 month of employees.

In particular, if the employer requires and obtains the employee's consent, he or she may use the employee to work overtime for more than 200 hours but no more than 300 hours in a calendar year, except in the following cases:

- Employees between the ages of 15 and 18;

- The employee is a mildly disabled person with a 51% or greater decrease in working capacity, a severe disability, or a particularly severe disability;

- Employees who work in heavy, hazardous, or dangerous occupations or jobs, or who work in particularly heavy, hazardous, or dangerous occupations or jobs;

- Female employees become pregnant in the seventh month, or in the sixth month if they work in highland, remote, border, or island areas;

- Female employees are raising children under 12 months old.

In case the employer is allowed to use the employee to work overtime for a maximum of 300 hours in a year, upon demand and with the employee's consent, the employer may use the employee to work overtime for more than 40 hours but not more than 60 hours in 01 month.

Thus, in 2022, employees are allowed to work up to 60 hours/month, not exceeding 300 hours/year.

New regulations on overtime in Vietnam 2023

Specifically, the regulation on overtime in Resolution 17/2022/UBTVQH15 has expired as of January 9, 2023 (according to Resolution 80/2023/QH15).

Therefore, the regulation on overtime in 2023 will comply with the provisions of the Labor Code 2019, specifically as follows:

(1) Employers may use employees to work overtime when they fully meet the following requirements:

- Must have the consent of the employee;

- Ensure that the employee's overtime hours do not exceed 50% of the normal working hours in a day; in case of applying the regulation of normal working hours by week, the total number of normal working hours and overtime hours shall not exceed 12 hours in 01 day; no more than 40 hours in 01 month;

- Ensure that the number of overtime hours of employees does not exceed 200 hours in 01 year, except for the case specified in Clause (2).

(2) Employers may use employees to work overtime for no more than 300 hours per year in a number of industries, occupations, jobs or in the following cases:

- Producing, processing, and exporting textiles, garments, leather, shoes, electricity, electronics, processing agricultural, forestry, salt, and fishery products;

- Producing, supplying electricity, telecommunications, and oil refining; providing water supply and drainage;

- In case of solving jobs that require highly qualified professional and technical workers but the labor market cannot supply them adequately and promptly;

- In case of urgent work that cannot be delayed due to seasonality and timing of raw materials and products or to deal with work arising due to unforeseen objective factors, such as consequences of weather, natural disasters, fires, enemy sabotage, lack of electricity, lack of raw materials, or technical problems of the production line;

- Other cases prescribed by the Government of Vietnam.

When organizing overtime work as prescribed in Clause (2), the employer must notify in writing the specialized labor agency under the provincial People's Committee.

Chau Thanh

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