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THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
07-LDTBXH/TT
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Hanoi,
April 11, 1995
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CIRCULAR
GUIDING THE IMPLEMENTATION OF A NUMBER OF
ARTICLES OF THE LABOR CODE ON THE 23RD OF JUNE 1994 AND DECREE No.195-CP ON THE
31ST OF DECEMBER 1994 OF THE GOVERNMENT ON THE WORKING TIME AND REST TIME
Pursuant to the Labor Code on
the 23rd of June 1994 and Decree No.195-CP on the 31st of December 1994 of the
Government "Providing Details for and Guiding the Implementation of a
Number of Articles of the Labor Code on Working Time and Rest Time", the
Ministry of Labor, Was Invalids and Social Affairs gives the following concrete
guidance for the implementation of a number of Article :
I. ON WORKING TIME.
The working time stipulated in
Item 1, Article 3 of Decree No.195-CP is the normal working time applied to all
types of working people.
The working time in conditions
of specially heavy, noxious or dangerous work shall be shortened by one or two
hours as stipulated in Item 2, Article 3 of Decree No.195-CP issued by, or
agreed upon between, the Ministry of Labor, War Invalids and Social Affairs and
the Ministry of Health.
II. REST TIME.
1. Rest in between a
workshift.
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2. Annual leave.
a/ The duration of working time
on which to decide the annual leave is based on the solar calendar.
- If the laborer has worked for
a period of twelve months including the time considered to be working time as
stipulated in Item 1, Article 9 of Decree No.195-CP, then he/she is entitled to
a full annual leave as stipulated in Article 74 of the Labor Code.
- If the laborer has worked for
less than 12 months, the number of days in his/her annual leave shall
correspond with the number of his/her working months in the year.
- If in a working year, the
laborer has an add-up total of non-working days due either to labor accident or
occupational disease exceeding six months (or 144 working days), or if he/she
spends more than three months (72 working days) on sick leave, this period of
absence shall be left out when calculating the number of days of his/her annual
leave in that year.
b/ The different lengths of an
annual leave.
The annual leave may be 12, 14
or 16 days for which the laborer shall receive his/her full pay as normal
workdays. The length of the annual leave is defined as follows :
- 12 workdays for the laborers
working in normal working conditions.
- 14 workdays for :
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+ The under-18-year-olds.
+ The laborers working in normal
working conditions in areas with a coefficient of area allowance of 0.70 and
more, as stipulated in Circular No.15-LDTBXH/TT on the 2nd of June 1993 of the
Ministry of Labor, War Invalids and Social Affairs, and the supplementary
documents.
Example : Worker A worked in
normal working conditions and enjoyed a normal annual leave of 12 days. In 1995
the company assigned A to work in an area with an area allowance coefficient of
0.70. He/she shall enjoy an annual leave of 14 days in 1995.
- 16 workdays for :
+ The persons assigned to
particularly heavy, noxious or dangerous jobs.
+ The persons assigned to heavy,
noxious or dangerous jobs in an area with an area allowance coefficient of 0.70
and more.
Example : Engineer A and
Engineer B work at the office of the Nuclear Research Institute where they
enjoy a normal annual leave of 12 days. In 1995 A was assigned to work for five
months and B for seven months at an establishment where the regulatory annual
leave is 16 days. In this case, A shall enjoy an annual leave of 12 days, while
B will enjoy an annual leave of 16 days in 1995.
In a working year, if the
laborer has worked for 12 months of which six months or more are spent on
heavy, noxious or dangerous, or particularly heavy, noxious or dangerous jobs,
or in areas with the abovementioned area allowance coefficient, he/she shall
enjoy an annual leave of 14 or 16 days.
c/ Time spent on traveling.
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If during his/her travel or at the
place of his/her annual leave, the laborer falls sick, or has to wait due to
natural calamities (storms, floods), or accidents like fires, or if he/she has
to carry out an emergency job for public security or national defense and if
this is certified by the local authorities where the accident happens, this
time shall be regarded as lawful leave. The payment for these non-working days
shall be agreed upon by the laborer and the employer, and shall be recorded in
the labor contract or the collective labor accord. With regard to the case of
sickness, the non-working time shall be covered by the current social insurance
scheme.
d/ Payment of traveling expenses
and for the workdays spent on traveling.
For the persons working in
remote areas (highlands, deep forests, distant offshore islands as stipulated
by the Ethnic and Mountainous Affairs Committee in Decision No.21-UB/QD on the
26th of January 1993, and the supplementary decisions), the employer shall have
to pay for the traveling expenses and wages of the laborer during his/her
traveling days in the country in his annual leave to visit his spouse, children
and parents (on both the maternal and paternal sides).
3. Augmentation of days in
annual leave according to service seniority.
a/ Service seniority.
The service seniority which is
to be accounted for in the calculation of the additional days in the annual
leave is the total of the years for which the laborer has worked for an
employer or for an enterprise as stipulated in Article 75 of the Labor Code, including
the time of apprenticeship at this enterprise. In case of non-continuity, the
seniority shall be the total number of years of all the periods of his work for
an employer or an enterprise. This seniority shall be calculated as follows :
- For the persons who are
working in State agencies or enterprises, seniority shall be the total number
of years of work in these agencies or enterprises, or units of the armed forces
(for those who have been demobilized and assigned to a civilian job), minus the
time which has been added to the seniority of the laborer when he/she benefits
from the severance system under Decision No.176-HDBT on the 9th of October 1989
or under Decision No.111-HDBT on the 12nd of April 1991 of the Council of
Ministers (now the Government) and Circular No.88-TTg on the 1st of October
1964 of the Prime Minister, the demobilization allowance, the pension system
and the invalidation system, and the time of absence for other reasons for
which he/she is not entitled to receive wages or social insurance indemnities.
Example : Mr. A began to work at
State enterprise in January 1975 but in January 1990 he was transferred to a
private enterprise. In January 1994 he was again transferred to a State office.
He has the following seniority to be accounted for in his annual leave in 1995:
From January 1975 to January
1990: 15 years.
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Total number of years to be
accounted for in the calculation of Mr. A annual leave: 17 years.
- For the workers and public
employees in the State agencies or enterprises who are transferred to work in
the units or enterprises belonging to other economic sectors, for the
labor-hiring organizations or individuals, for the enterprises with foreign
investments and the offices of the international organizations, the number of
their years of actual work in the State agencies or enterprises may be
accounted for in their seniority in order to add to the number of days in their
annual leave, provided that this has the consent of the employer and has been
recorded in the collective labor accord or the labor contract.
- If the laborer works for units
or enterprises belonging to non-State sectors, or for a labor-hiring
organization or individual, their seniority is the total of years of work for that
unit, enterprise or individual.
- The laborer working in a
foreign-invested enterprise or in an enterprise in the Export Processing Zone,
in foreign offices or organizations, or international organizations in Vietnam,
their seniority is the total number of years of work for that enterprise,
office or organization.
Example : Mr. B worked at a
State agency from 1975 to 1994, then was transferred to work at a joint
enterprise. His seniority is counted from 1994, but it may also be counted from
1975 if the employer of that enterprise so agrees.
b/ Number of days added to the
annual leave proportionally to the seniority of the laborer:
A laborer, who has worked for
five years for an employer or an enterprise, shall enjoy one extra fully paid
holiday, and the number of extra days for his/her annual leave shall depend on
the actual number of working years. More concretely:
- If he/she has worked for less
than five years he shall enjoy an annual leave under the regulations of Article
74 of the Labor Code;
- If he/she has worked for from
5 to under 10 years he/she is entitled to one extra holiday.
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- If he/she worked for 15 to
under 20 years he/she is entitled to three extra holidays.
- If he/she has worked for 20
years to under 25 years he/she is entitled to four extra holidays.
- If he/she has worked for 25
years to under 30 years he/she is entitled to five extra holidays.
- If he/she has worked for 30
years to under 35 years he/she is entitled to six extra holidays.
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4. The pay for the days in
the annual leave shall be based on Article 11 of the Decree. Concretely, it
shall be calculated as follows:
The result shall be rounded up
to the unit (if the odd number is bigger than 0.5, it shall be rounded up into
one unit, if it is smaller, it shall be left out).
Example : Worker A is entitled
to an annual leave defined in Article 74 of the Labor Code (14 days). A began
working at the enterprise in January 1972. In July 1995 he was put on pension.
The number of holidays in his annual leave in 1995 shall be calculated as
follows:
The number of his paid holidays
proportionally to his service seniority from 1995 to 1972 correspond with 4
extra holidays.
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This Circular takes effect from
the 1st of January 1995. The earlier regulations which are contrary to this
Circular are now annulled.
In the process of
implementation, if any problem arises, the ministries, branches and localities
should inform the Ministry of Labor, War Invalids and Social Affairs for
consideration and settlement.
THE MINISTER OF LABOR, WAR INVALIDS AND
SOCIAL AFFAIRS
Tran Dinh Hoan