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MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 12/2022/TT-BCT
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Hanoi, July 25, 2022
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CIRCULAR
WORKING HOURS, REST PERIODS FOR WORKERS OPERATING,
MAINTAINING, REPAIRING GAS DISTRIBUTION PIPELINES AND GAS WORKS
Pursuant to Article
166 of the Labor Code No. 45/2019/QH14, which was ratified by the National
Assembly of Vietnam on November 20th 2019;
Pursuant to Article 66
of the Government’s Decree No. 145/2020/ND-CP dated December 14th
2020 elaborating some Articles of the Labor Code on working conditions and labor
relations;
Pursuant to the
Government’s Decree No. the Government's Decree No. 98/2017/ND-CP dated August
18th 2017 on functions, tasks, entitlements and organizational
structure of the Ministry of Industry and Trade;
At request of the
Director of Organization and Personnel Department;
After reaching a
consensus with the Ministry of Labor, War Invalid and Social Affairs, the
Minister of Industry and Trade promulgates a Circular on working hours, rest
periods of workers operating, maintaining, repairing gas distribution pipelines
and gas works.
Chapter I
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Article 1. Scope
This Circular prescribes
the working hours, rest periods of workers operating, maintaining, repairing
gas distribution pipelines and gas works.
Article 2. Regulated
entities
1. Regulated entities:
a. Employers who are
organizations and individuals that employ workers to perform management,
operation, maintenance, repair of inland gas distribution pipelines and gas
works;
b. Workers who perform
tasks including operation, maintenance, repair of gas distribution pipelines
and gas works at manufacturing facilities of the employers mentioned in Point a
of this Clause.
2. This Circular does not
apply to workers who indirectly work at manufacturing facilities of the
employers mentioned in Point a Clause 1 of this Article.
Article 3. Definitions
For the purposes of this
Circular, the terms below are construed as follows:
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2. A working session
means the total number of continuous working days of a worker, each of which
has one shift, starting when the worker arrives and ending when the worker
leaves the manufacturing facility, excluding travel time.
3. Working hours of a
worker at a working site includes the direct working hours and rest breaks
during working hours defined in Clause 2 Article 109 of the Labor Code.
Chapter II
WORKING HOURS, REST PERIODS
Article 4. Working
hours
Workers who operate,
maintain, repair gas distribution pipelines and gas works shall work in shifts
and working sessions. To be specific:
1. A shift shall not last
for more than 12 hours in 01 day.
2. A working session
shall not last for more than 07 days.
Article 5. Overtime
work
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2. The total working
hours of a shift and overtime in 01 day must not exceed 12 hours; the total
overtime in 01 year must not exceed 300 hours.
3. Overtime work is
subject to consent of workers and must comply with regulations of Article 59
and Article 62 of the Government’s Decree No. 145/2020/ND-CP dated December 14th
2020.
4. Overtime work in
special cases shall be organized in accordance with Article 108 of the Labor
Code.
Article 6. Rest breaks
during working hours
1. Rest breaks during
working hours shall comply with regulations of Article 109 of the Labor Code.
2. The interval between
two consecutive shifts must not exceed 45 minutes.
Article 7. Breaks
between shifts; Public holidays; Annual leave; Personal leave, unpaid leave
1. Breaks between shifts;
Public holidays; Personal leave, unpaid leave shall comply with regulations of
Article 110, Article 112 and Article 115 of the Labor Code.
2. Annual leave shall
comply with Article 113 and Article 114 of the Labor Code. If annual leave
cannot be given, the employer shall reach an agreement with the workers on
spending their annual leave during the rest periods between working sessions.
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After each working
session, the workers will be entitled to a continuous rest period that lasts
for the same number of working days of the previous working session.
Chapter III
IMPLEMENTATION CLAUSES
Article 9.
Responsibility of employers
1. Employers have the
responsibility to specify the shifts and working sessions in their labor
regulations, and inform the workers before they come to work in accordance with
regulations of law.
2. Submit reports to the
Ministry of Industry and Trade on the implementation of this Circular before
January 15th every year, and submit ad hoc reports at the request of
competent authorities.
Article 10. Entry into
force
1. This Circular comes
into force from September 9th 2022.
2. Organization and
Personnel Department shall supervise and inspect the implementation of this
Circular.
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PP MINISTER
DEPUTY MINISTER
Dang Hoang An