What are the cases in which overtime work exceeding 200 hours but not exceeding 300 hours is permissible in Vietnam?

What are the cases in which overtime work exceeding 200 hours but not exceeding 300 hours is permissible in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the cases in which overtime work exceeding 200 hours but not exceeding 300 hours is permissible in Vietnam? 

According to Article 61 of Decree 145/2020/ND-CP, in addition to the cases specified in Point a, Point b, Point c, Point d Clause 3 Article 107 of the Labor Code 2019, 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.

- 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.

2. Regulations on notification of overtime work exceeding 200 hours but not exceeding 300 hours per year in Vietnam

Specifically, Article 62 of Decree 145/2020/ND-CP stipulates the notification of overtime work exceeding 200 hours but not exceeding 300 hours per year as follows:

- 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 mentioned in Point a of Clause 1 Article 62 of Decree 145/2020/ND-CP.

- 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 of Decree 145/2020/ND-CP.

Form No. 02/PLIV

3. Overtime limits in Vietnam

Overtime limits are specified in Article 60 of Decree 145/2020/ND-CP as follows:

- The total overtime must not exceed 50% of normal working hours in 01 day if the overtime occurs within a normal working day, except for the cases specified in Clause 2 and Clause 3 of this Article.

- In case the employer has regulations on weekly normal working hours, the normal working hours plus overtime must not exceed 12 hours in 01 day.

- In case of part-time employment prescribed in Article 32 of the Labor Code, the normal working hours plus overtime hours must not exceed 12 hours in 01 day.

- The total overtime hours must not exceed 12 hours a day during public holidays and weekly days off.

- The periods specified in Clause 1 Article 58 of Decree 145/2020/ND-CP are deductible when calculating the total overtime hours in the month or year for determination of conformity prescribed in Point b and Point c Clause 2 Article 107 of the Labor Code 2019.

4. Overtime pay in Vietnam

According to Article 98 of the Labor Code 2019, overtime pay, night work pay are as follows:

- An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:

+ On normal days: at least 150%;

+ On weekly days off: at least 200%;

+ During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.

- An employee who works at night will be paid an additional amount of at least 30% of the normal salary.

- An employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and Clause 2 of Article 98 of the Labor Code 2019, an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.

Ho Quoc Tuan

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