DECREE No.195-CP DATED 31 DECEMBER 1994
OF THE GOVERNMENT
Stipulating in detail and guiding the implementation of Articles relating to working hours
and break time in the Labour Code
GOVERNMENT
Pursuant to the Law on Government Organization dated 30 September 1992 ;
Pursuant to the Labour Code dated 23 June 1994 ;
On the proposal of Minister of Labour, War Invalids and Social Affairs,
DECREES
CHAPTER I
OBJECTS AND SCOPE FOR APPLICATION
Article 1. Stipulations on working hours and break time are applied to those working for the following enterprises, agencies and organizations :
- State-owned enterprises
- Enterprises of other economic sectors, organizations,
individuals utilising manpower ;
- Enterprises with foreign invested capital, in the export processing and industrial zones, foreign agencies and organizations or international organizations employing Vietnamese, except otherwise stipulated by the international treaties to which Vietnam is a signatory or participant ;
- State administration agencies, their business and services bodies, people unions, other political aid social organizations, peoples military and police forces ;
- This decrees is also applied to Govemment officials, state servants working in state administration agencies and those entrusted, elected, appointed to precise a position in peoples unions, political and social organizations, peoples military and police forces, except otherwise stipulated in other separate legal documents for certain objects.
Article 2. This decree is not applied to those working -in special enterprises of peoples military' and police forces, officials, low ranking officials, soldiers serving the peoples military and police forces.
CHAPTER II
WORKING HOURS
Article 3. According to Article 68 of the Labour Code, working hours are specified as follows :
1. Working hours in normal working conditions and environment is defines as :
- no exceed 8 hours per day
- no exceed 48 hours per week
2. Working hours in specialy loading, harmful and dangerous situations is shorten by one or two hours depending to the list issued by the Ministries of Labour, War Invalids Social Affairs and Health Care.
3. The following hours included in paid working hours :
- Break time between different shifts ;
- Break time taken by the nature of work ;
- Necessary break time in working process included in working limitation requirement ;
- Break time of 60 minutes per day for female employees having children of less than 12 month old ;
- Break time of 30 minutes per day applied for women in their meno time;
- Compulsory break time not caused by labourers ;
- Time spent in studying, training on Working safety and hygiene ;
- Time spent for meeting, learning requested or permitted by employers.
Article 4. Pursuant to Article 68 of the Labour Code, employers have the right to decide working hours per day or per week, weekly holidays in accordance with production and business conditions in each enterprises provided not in contrary with Item 1 and 2 of Article 3 in this Decree and must be shown in the labour contract, collective labour agreements and working requirements in enterprises.
Article 5. Pursuant to Article 69 of the Labour Code, working overtime is stipulated as follows :
1. It must not exceed 50% of working hours specified for each day for each kind of work. In case of weekly working hours, total normal working hours and overtime per day must not exceed 12 hours per day. Total working overtime per year must not exceed 200 hours. .
2. Employers and employees may agree to work overtime in the following circumstances :
- Deal with break-down in production Deal with urgent work
- Deal in time with fresh commodities, construction work and outcome that require continous attention because of strict regulation on technology.
3. In case of facing or overcoming serious consequences from act of god, war, fire, widespread diseases, employers shall have the right to require overtime working in excess the amount of overtime stipulated in item I of this article provided the employees agreement.
Article 6. Article 70 of the Labour Code, working hours at night are stipulated as follows :
- From Thua Thien - Hue to the North : accounted from 22 to 6 oclock
- From Quang Nam - Da Nang to the South : accounted from 21 to 5 oclock .
CHAPTER II
BREAK TIME
Article 7. According to Article 71 of the Labour Code, break time is stipulated as follows :
- 30 minutes in case of working for 8 continuous hours in normal working conditions, or 6-7 continuous hours in case of shortened working hours.
- 45 minutes in case of continuous working at night, from 22 to 6 oclock or from 21 to 5 oclock.
Article 8. Except paid holidays stipulated in Article 73 of the Labour Code, foreign employees working for Vietnamese enterprises and organizations are entitled to holidays on their traditional new year days and national day (if any) with unchanged salary.
Article 9. According to Article 74 of the Labour Code, in order to calculate annual holidays working hours of an employee in an enterprise or working for an individual are accounted as follows :
- Training period or time on probation to work for an enterprise with a term agreed in training or probating contract ;
- Trial period agreed in the labour contracts to work for enterprises ;
- Time off for personal reasons ;
- Unpaid time off agreed by employers ;
- Time off taken bacaused accidents during working, professional disease provided accumulated time does not exceed 6 months ;
- Time off taken because of illness provided accumulated does not exceed 3 months ;
- Time off as stipulated for female employees ;
- Time off taken to fulfil citizen dutites stipulated by the law ;
- Time off taken to participate in activities of Trade Unions as stipulated by the law ;
- Time off taken for conference, study requested by of permitted by employers ;
- Time taken off because of termination of work but not caused by employees ;
- Time off taken because of temporary suspension of work ; .
- Time under arrest or detained after which the employee who is either victim of an injustice or exempted from prosecution, is-allowed to return to work.
2. The employee is entitled to an annual leave of 14 or 16 days as provided for by points b and c, Clause I, Article 74 of the Labour Code in conformity with the list of heavy, toxic or dangerous jobs or for places with harsh living conditions prescribed by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health.
3. If, during his annual leave, an employee travels by vehicle, ship or train for (in the case of return trips) more than two days, then from the third day onwards travel time will be added to the annual leave.
4. Travel costs and salaries during travel time shall be agreed upon by the employer and the employee ; in the case of employees working in remote areas (mountstin, remote regions or islands), they are paid by the relevant employers for the travel costs and salaries for travel time during their annual leave.
Article 10. An employee will be paid the normal wage in lieu of annual leave or holidays not taken as provided for by clause 3 of Article 76 of the Labour Code in any of the following cases :
1. Temporary cancellation of the labour contract to discharge a military obligation ;
2. Expiry of the labour contract ; unilateral termination of the labour contract ; unemployment due to changed technological structure ; dismissal ; retirement or death.
Article 11. Annual leave stipulated by Clause 3 of Article 76 and Clause 2 of Article 77 of the Labour Code shall be calculated as follows:
The number of days of annual leave plus additional days in accordance with the period of employment at the enterprise (if any) shall be divided into 12 (months) (without decimals) and then multiplied by the number of months worked in the year. This is counted as the number of paid days in an annual leave.
CHAPTER IV
WORKING HOURS, BREAKS FOR PERSONS DOING
JOBS OF SPECIAL CHARACTERISTICS
Article 12. The working hours and breaks of persons doing such jobs as provided for in Article 80 of the Labour Code are stipulated as follows :
For jobs with special characteristics such as workers in roadway, railway or maritime transportation ; pilots, air-stew ardesses and air controllers ; workers in off-shore oil and gas exploration and exploitation ; arts, application of radiation or nuclear technology, or VHF ; divers ; and miners, the relevant Ministries shall determine the working hours and breaks in agreement with the Ministry of Labour, War Invalids and Social Affairs.
Article 13. Employers must not assign a female employee to heavy, toxic or dangerous works or works'exposed to poisonous substances which might have an adverse effect on her reproductive and child-rearing function as provided for by Clause 1, Article 113 of the Labour Code. Where a female employee is being employed in works referred above and has not been changed to another job, she is entitled to work at least two hours less in comparison with the standard working hours with full pay.
Article 14. For over-60 male employees and over-55 female employees still at work, their daily working hours in the last working year before retirement shall be shortened by four hours and they are entitled to full pay.
CHAPTER V
PROVISIONS FOR IMPLEMENTATION
Article 15. This Decree shall take effect I January 1995 onwards. Previous regulations on working hours and breaks contrary to this Decree shall be repealed.
Article 16. The Ministers, the heads of ministerial-level agencies and Government Agencies and the Chairmen of Provincial/Municipal People's conmittees shall be responsible for implementing this Decree.
FOR AND ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
VO VAN KIET