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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
109/2002/ND-CP
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Hanoi, December 27, 2002
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DECREE
AMENDING AND
SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S
DECREE No. 195/CP OF DECEMBER 31, 1994 WHICH DETAILS AND GUIDES THE
IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR CODE ON WORKING TIME AND
REST TIME
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 23, 1994 Labor Code and the April 2, 2002 Law Amending and
Supplementing a Number of Articles of the Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Article 1.- To amend and
supplement a number of articles of the Governments Decree No. 195/CP of
December 31, 1994 detailing and guiding the implementation of a number of
articles of the Labor Code on working time and rest time, based on the Law
Amending and Supplementing a Number of Articles of the Labor Code (hereafter
referred collectively to as the amended and supplemented Labor Code) as
follows:
1. To amend and supplement Article 1 as follows:
"Article 1.- The working time
and rest time are applicable to laborers working in the following enterprises,
agencies and organizations:
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2. Enterprises set up and operating under the
Enterprise Law;
3. Enterprises operating under the Law on
Foreign Investment in Vietnam;
4. Enterprises of political organizations and
socio-political organizations;
5. Cooperatives operating under the Cooperative
Law, which employ laborers according to the regime of labor contracts;
6. Educational, medical, cultural and sports
establishments set up under the Government’s
Decree No. 73/1999/ND-CP of August 19, 1999 on the policy of encouraging
socialization of educational, medical, cultural and sports activities;
7. Cooperative teams, individual business
households, households and individuals that hire laborers;
8. Vietnam-based international or foreign
agencies and organizations which employ Vietnamese laborers, except otherwise
provided for by the international treaties which the Socialist Republic of
Vietnam has signed or acceded to.
This Decree also applies to public servants and
employees in the administrative and non-business agencies, persons holding the
elected or appointed posts in political organizations, socio-political
organizations and mass organizations, and members of the People’s Army and Peoples Public Security
forces, except otherwise prescribed for different subjects by separate legal
documents.
2. To amend and supplement Article 5 as follows:
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1. The overtime must not exceed 50% of the
working hours provided for each type of work in each day. In cases where the
working time is prescribed on the basis of working weeks, the total regular
working time and overtime must not exceed 12 hours a day. The total overtime
must not exceed 200 hours a year, except for special cases prescribed in Clause
3 of this Article.
2. The employers and employees may agree on
overtime which must not exceed 200 hours a year according to the provisions of
Clause 1 of this Article in the following cases:
- Handling production incidents;
- Settling urgent problems which cannot be
delayed;
- Handling in time fresh commodity items,
construction projects and products which, due to strict technological
requirements, cannot be left unfinished;
- Settling problems which require laborers of
high professional and technical qualifications while the labor market cannot
supply them adequately and promptly.
3. For special cases, the overtime of no more
than 300 hours a year may be permitted, which is prescribed as follows:
a/ For enterprises and production and/or
business establishments which produce or process export goods, including
textile, garment, leather, shoe and processed aquatic products, if they must
settle urgent work which cannot be delayed due to urgent requirements or to the
seasonal nature of production, or which cannot be foreseen due to objective
factors, the overtime of between 200 and 300 hours a year may be permitted, but
the following stipulations must be strictly complied with:
- Agreement must be reached with laborers;
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- During 7 consecutive days, the employers must
arrange for laborers to have at least 24 consecutive hours of rest.
b/ For other enterprises and production and/or
business establishments with the same conditions as those of the enterprises and
establishments prescribed at Point a of this Clause, which require the overtime
work for between 200 and 300 hours a year:
- For enterprises and production and/or business
establishments managed by ministries and branches, they must obtain the consent
of their managing ministries or branches;
- For other enterprises and production and/or
business establishments, they must obtain permission of the Peoples Committees
of the provinces and centrally-run cities.
4. In cases where serious consequences of natural
disasters, fires and epidemics must be overcome within enterprises, agencies or
organizations, the employers may mobilize laborers to work overtime beyond the
overtime limit prescribed in Clause 1 of this Article, but with the consents of
the laborers."
3. To amend and supplement Article 12 as
follows:
"Article 12.- The working
time and rest time of laborers engaged in jobs under Article 80 of the Labor
Code is prescribed as follows:
For jobs of special nature such as land road,
railway, waterway and airline transport; oil and gas prospection and
exploitation on sea; art work; use of radiation and nuclear technologies, and
high-frequency wave techniques; jobs of divers; jobs of pit-miners; production
jobs of seasonal nature and exports processing on goods orders; and 24/24 hour
jobs, the ministries and branches directly managing them shall specifically
prescribe the working time and rest time after reaching agreement with the
Ministry of Labor, War Invalids and Social Affairs."
Article 2.- This Decree takes
effect as from January 1, 2003.
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Article 3.- The ministers,
the heads of the ministerial-level agencies, the heads of the agencies attached
to the Government, and the presidents of the Peoples Committees of the
provinces and centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai