THE MINISTRY OF

LABOR, WAR
INVALIDS AND SOCIAL
AFFAIRS
-------

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness
---------------

No. 54/2015/TTBLDTBXH

Hanoi, December 16, 2015

CIRCULAR
ON GUIDELINES FOR HOURS OF WORK, HOURS OF REST APPLICABLE TO EMPLOYEES
DOING SEASONAL PRODUCTION WORK AND PROCESSING OF GOODS UNDER ORDERS
Pursuant to Article 117 of the Labor Code dated June 18, 2012;
Pursuant to the Governments Decree No. 45/2013/ND-CP dated May 10, 2013 on guidelines for the
Labor Code on hours of work, hours of rest, occupational safety and occupational hygiene;
Pursuant to the Government's Decree No. 106/2012/ND-CP dated December 20, 2012, defining the
functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social
Affairs;
At the request of the Director of the Department of Labor safety,
The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on guidelines for hours
of work, hours of rest applicable to laborers doing seasonal jobs and processing export goods under
orders.
Article 1. Scope
This Circular provides guidelines for making plan and implementation of hours of work, hours of rest
applicable to employees doing seasonal jobs and processing of goods under orders.
Article 2. Regulated entities
1. Laborers working under labor contracts of between 12 and 36 months or labor contracts of an
indefinite term for the following jobs:
a) Seasonal production work in the fields of agriculture forestry fishery - salt production that
require instant harvest or instant processing after harvest without delay;
b) Processing of goods under orders, of which delivery time requested by the goods owners, including
the fields of textile and garment, leather and footwear, electronic component installation.
2. Employers of the laborers mentioned in the Clause 1 of this Article are the following enterprises and
business entities:

a) Companies and enterprises operating under the Law on Enterprise;

b) Cooperatives and cooperative unions operating under the Law on Cooperatives and employing
laborers under labor contracts.
Article 3. Standard hours of work in a year
TQ = [TN - (Tt + Tp + TL)] X tn (hours)
Where:
- TQ: A laborers standard hours of work in a year;
- TN: Number of days in a year, which is 365 in a calendar year, or 366 in a leap year;
- Tt: Total number of weekly days off in a year, determined under Article 110 of the Labor Code;
- Tp: Number of annual leave days, which is 12, 14 or 16 and may be increased depending on working
seniority under Articles 111 and 112 of the Labor Code and Article 7 of Decree No. 45/2013/ND-CP
dated May 10, 2013 on guidelines for the Labor Code on hours of work, hours of rest, occupational
safety and occupational hygiene;
- TL: Number of official holidays in a year, which is 10;
- tn: Number of daily normal hours of work, which is 8; particularly for laborers doing extremely hard,
hazardous and dangerous jobs on the list issued by the Ministry of Labor, War Invalids and Social
Affairs, this number is 6.
Article 4. Formulating plan for determination of daily standard hours of work
Annually, based on the standard hours of work in a year (TQ) calculated as prescribed in Article 3 of
this Circular, each employer shall make a plan to determine the number of daily standard hours of work
of each laborer in the following cases:
1. The number of daily normal hours is 8; or 6, for laborers doing extremely hard, hazardous and
dangerous jobs;
2. The number of daily hours of work may be more than 8 but may not exceed 12; or may be more than
6 but may not exceed 9, for laborers doing extremely hard, hazardous and dangerous jobs;
3. The number of daily hours of work may be more than 4 but must be fewer than 8; or may be more
than 3 but must be fewer than 6, for laborers doing extremely hard, hazardous and dangerous jobs;
4. A whole day-off is allowed.
Article 5. Principles of using the standard hours of work

1. In a year, the total number of standard hours of work planned and determined under Clause 4 of this
Article (including daily hours of rest expressed as hours of work) must not exceed the standard hours of
work in the year (TQ) already determined in Clause 3 of this Article.
2. In case the number of daily standard hours of work which is fewer than 8; or fewer than 6, for
laborers doing extremely hard, hazardous and dangerous jobs, has been planned and determined under
Clauses 3 and 4 of this Circular, job stoppage wage needs not to be paid.
3. Job stoppage wage must be paid for the number of daily standard hours of work already planned
during which a company actually did not arrange work for its laborers.
4. In case the number of daily standard hours of work which is more than 8; or more than 6, for
laborers doing extremely hard, hazardous and dangerous jobs, has been determined under the plan
mentioned in Clause 2 Article 4 of this Circular, such difference in hours may not be counted as extra
working time.
5. The number of actual daily hours of work in excess of the number of standard hours of work already
planned under Article 4 of this Circular may be counted as extra hours of work to be added to the total
number of extra hours of work in a year and, at the same time, overtime pay and other relevant benefits
must be provided under current regulations of the Labor Code.
Article 6. Maximum daily standard hours of work and extra hours of work
1. The total maximum number of standard hours of work and extra hours of work in a day is 12; or 9,
for laborers doing extremely hard, hazardous and dangerous jobs.
2. Maximum weekly and monthly standard hours of work and extra hours of work:
a) The total maximum number of standard hours of work and extra hours of work in a week is 64; or
48, for laborers doing extremely hard, hazardous and dangerous jobs.
b) The total maximum number of extra hours of work in a month is 32; or 24, for laborers doing
extremely hard, hazardous and dangerous jobs.
c) The employer shall apply either maximum weekly standard hours of work and extra hours of work
prescribed in Point a or maximum monthly extra hours of work prescribed in Point b of this Clause,
and then record it into a plan for annual hours of work and hours of rest prescribed in Clause 1 Article 8
of this Circular.
If the employer decides to apply the maximum monthly extra hours of work prescribed in Point b of
this Clause, the total of weekly standard hours of work shall do not exceed 56 hours; or 42 hours,
laborers doing extremely hard, hazardous and dangerous jobs.
3. Total of extra hours of work in a year of each laborer shall not exceed 300 hours.
Article 7. Hours of rest

1. Laborers are entitled to at least one day off (24 consecutive hours) a week. In seasonal-work months
or when export goods must be urgently processed under orders, if weekly days off cannot be arranged,
the employer shall arrange at least 4 days off every month for laborers.
2. During-shift and between-shift breaks for laborers comply with the provisions of the Labor Code.
For laborers working 10 or more hours a day, the employer shall allow them to have at least extra 30
minutes off included in hours of work besides hours of rest during normal working shifts.
3. Enterprises shall allow laborers to take all official holidays, annual leave days and other paid days
off or other days off in compensation as prescribed in the Labor Code.
Article 8. Responsibilities of employers
1. Annually, based on their production and business plans, each employer shall take the initiative in
formulating and adjusting their plans on hours of work and hours of rest, using the form provided in
Appendix 1 issued herewith. The employer must consult grassroots trade union executive boards of
their enterprises. The employer shall refer to the examples in Appendix 2 issued herewith during the
formulation and implementation of the plan for hours of work and hours of rest.
If ascertaining that the number of daily normal hours of work is only 8, or 6, for laborers doing
extremely hard, hazardous and dangerous jobs, enterprises are not required to formulate plans under the
above Appendix 1.
2. The employer shall notify laborers within their enterprises of plans on hours of work and hours of
rest at least 30 days before implementation, and reach agreement with laborers on overtime work under
regulations of the Labor Code.
3. The employer shall reach agreement with laborers on either seasonal payment or monthly payment
of wages in a year.
4. The employer shall include the report on implementation of this Circular in the annual report on
occupational safety and hygiene to Services of Labor, War Invalids and Social Affairs.
Article 9. Responsibility of Services of Labor, War Invalids and Social Affairs
1. Coordinate with related agencies in disseminating this Circular to enterprises in provinces.
2. Regularly expedite, supervise, examine and inspect the implementation of regulations on hours of
work and hours of rest at enterprises; and handle violations against legislation on labor.
3. The employer shall send annual report on the implementation of this Circular by enterprises in the
provinces to the Ministry of Labor, War Invalids and Social Affairs.
Article 10. Effect
1. This Circular comes into force from February 10, 2016.

2. The Circular No. 33/2011/TT-BLDTBXH dated November 18, 2011 of the Ministry of Labor, War
Invalids and Social Affairs on guidelines for hours of work and hours of rest applied to laborers doing
seasonal jobs and processing export goods under orders.
3. The regulations on hours of work at night, overtime work in special cases, unpaid leave applicable to
regulated entities in this Circular comply with current provisions on labor.
4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry
of Labor, War Invalids and Social Affairs for consideration./.

PP. MINISTER
DEPUTY MINISTER

Doan Mau Diep

APPENDIX 1
FORM OF PLAN FOR HOURS OF WORK AND HOURS OF REST
(Issued together with Circular No. 54/2015/TT-BLDTBXH dated December 16, 2015 of the Ministry of
Labor, War Invalids and Social Affairs)
GOVERNING BODY
ENTERPRISE/BUSINESS
ENTITY
S: ..

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness
--------------[Location]..,[date].

PLAN (REVISED PLAN) FOR HOURS OF REST AND HOURS OF REST

YEAR.
- Type of business/production: ..
- Job/work (seasonal production or export processing):.
1. Average standard hours of work in a year applicable to a laborer working in normal
conditions:
TQ =

2. Apply the maximum weekly/monthly extra hours of work:

3. Plan for allocating standard hours of work in a year:

Month
1

Number of
Daily standard
Total number of
working days in
hours of work
hours of work
the month
2

Notes

1
2
...
11
12
Total

TQ =

ON BEHALF OF GRASSROOTS
TRADE UNION
(Signature and seal - if any)

EMPLOYER
(Signature and seal)

APPENDIX 2
EXAMPLES OF HOURS OF WORK, HOURS OF REST APPLICABLE TO EMPLOYEES DOING
SEASONAL JOBS AND PROCESSING EXPORT GOODS UNDER ORDERS
(Issued together with Circular No. 54/2015/TT-BLDTBXH dated December 16, 2015 of the Ministry of
Labor, War Invalids and Social Affairs)
I. Examples of standard hours of work
Example 1: Worker A has worked under normal conditions for Company X for 15 years. Worker As
standard hours of work in 2015 shall be calculated as follows:
The number of Worker As annual leave days is: 12 + 15/5 = 15
Where: 12 days are determined under Article 111 of the Labor Code; 15/5 is the increased number of
leave days based on working seniority under Article 112 of the Labor Code.
To make the following calculation table:
1 Number of days of 2015 (in a calendar year)

TN =

365

2 Total number of weekly days off in 2015

Tt =

52

3 Number of annual leave days

Tp =

15

4 Number of official holidays

TL =

10

5 Number of daily normal hours of work

tn =

TQ = [365 - (52 + 15 + 10)] x 8 = 2304 hours

TQ = [365
- (52 + 15
+ 10)] x 8
= 2304
hours

So Worker As standard hours of work in 2015 is 2,304 hours.

Example 2: Worker B has done extremely hard jobs for Company Y for 15 years. Worker Bs standard
hours of work in 2015 shall be calculated as follows:
The number of Worker Bs annual leave days is: 16 + 15/5 = 19
Where: 16 days are determined under Article 111 of the Labor Code; 15/5 is the increased number of
leave days based on working seniority under Article 112 of the Labor Code.
To make the following calculation table:
1 Number of days of 2015 (in a calendar year)

TN =

365

2 The number of weekly days off in 2015

Tt =

52

3 Number of annual leave days

Tp =

19

4 Number of official holidays

TL =

10

5 Number of daily normal hours of work

tn =

TQ = [365 - (52 + 19 + 10)] x 6 = 1704 hours

TQ =
[365 (52 +
19 +
10)] x 6
= 1704
hours

So Worker As standard hours of work in 2015 is 1,704 hours.

II. Examples of making plan for determination of daily standard hours of work
Example 3: According to example 1, Worker As standard hours of work in 2011 is 2,304 hours.
Company X shall distribute Worker As number of daily standard hours of work in 2015 as follows:
Months
Number of daily
Number Total
in a
standard hours of work
of
number
calendar
working of hours

Notes

year
January

days
26

208

1 solar new year holiday, 4

weekly days off

February 7

56

5 lunar new year holiday, 4

weekly days off and 11 whole
days off

March

26

182

5 weekly days off

April

24

216

Victory Day, Day of the death

anniversary of the Hung Kings,
4 weekly days off

May

11 hours from Monday to 25

Thursday, 10 hours on
Friday and Saturday

266

International Workers Day, 5

weekly days off

June

10 hours from Monday to 26

Friday, 9 hours on
Saturday

256

4 weekly days off

July

9 hours from Monday to 23

Saturday of the last week
of the month, 8 hours on
other working days in the
month

190

4 annual leave days at the end

of the month; 4 weekly days off

August

15

120

11 annual leave days; 5 weekly

days off

September 6

20

120

National Day, 4 weekly days off

and 5 whole days off

11 hours from Monday to 27

Friday, 8 hours on
Saturday

282

4 weekly days off

November 9 hours from Monday to 25

Saturday of the second
and the third week of the
month, 7 hours on other
working days in the
month

199

5 weekly days off

December 9 hours of the first day of 26

the month, 8 hours on
other working days in the
month

209

1 whole day off and 4 weekly

days off

October

TOTAL

of work

2304

III. Example of rules for using standard hours of work

Example 4: In February, Company X assigned Worker A to work 7 hours a day for 8 working days
then allowed Worker A to have 11 whole days off. The company arranged work according to the plan
mentioned in Example 3 above, so:
- The number of actual hours of work is 1 (= 8-7) hour fewer than the number of normal hours of work;
job stoppage wage needs not to be paid for this 1 hour;
- Job stoppage wage also needs not to be paid for the 11 days off.
Example 5: In March, as required by its production and business situation, Company X assigned
Worker A to work 5 hours a day for 13 working days, and then allowed Worker A to have 13 whole
days off. So, compared to the companys plan set out for Worker A in March in example 3 above:
- The number of actual hours of work is 2 (= 7 - 5) hours fewer than the number of daily standard hours
of work; job stoppage wage must be paid for this 2 hours;
- The number of job stoppage days is 13 against the plan, so job stoppage wage must be paid for these
13 days.
Example 6: In April, Company X assigned Worker A to work 9 hours a day from Monday to Saturday
according to the plan mentioned in Example 3 above. So, the number of actual hours of work is 1 (= 9
- 8) hour more than the number of normal hours of work. This 1 hour may not be counted as extra
working hour.
Example 7: In March, Company X assigned Worker A to work 8 hours a day. So, compared to the
companys plan set for Worker A in September in Example 3 above, the number of actual hours of work
is 2 (= 8 - 6) hour more than the number of standard hours of work. This 2 hour may be included in the
total number of extra hours of work in a year and, at the same time, overtime pay and other relevant
benefits must be provided under current regulations.
IV. Examples of maximum daily standard hours of work and extra hours of work
Example 8: To meet urgent needs, in May and June, Company X needed to arrange overtime work.
The company has registered maximum weekly extra hours of work. The company may arrange
overtime work as follows:
- In May, the company may only arrange overtime work under the plan mentioned in Example 3 but
may not arrange overtime work because the total number of weekly hours of work was: (11 hours/day x
4 days) + (10 hours/day x 2 days) = 64 hours.
- In June, the company may arrange an extra working hour a day from Monday to Friday.
Example 9: Company X distribute Worker As number of daily standard hours of work in 2015 as
mentioned in example 3. In this case, the company may only register the maximum weekly extra hours
of work because there are many weeks, in the plan, having total number of hours of work exceeding 56,
such as the weeks of May, as well as exceeding maximum monthly extra hours of work.

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