You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

April 8, 2020

Draft Circular on Working Hours and Breaks for Seasonal Workers in Vietnam

Subscribe to Updates

Vietnam’s Ministry of Labor, Invalids and Social Affairs (MOLISA) is considering a draft circular that would change regulations on working hours, including overtime, and breaks required for seasonal manufacturing workers and workers that process goods according to orders. The new regulations, if passed, would replace the current regulations under Circular No. 54/2015/TT-BLDTBXH of MOLISA, which was issued on December 16, 2015, and it is envisioned that the new regulations would come into effect on January 1, 2021. MOLISA is accepting public comments on the draft regulations until April 24, 2020.

These draft regulations would apply to workers under definite-term (one to three years) and indefinite-term labor contracts in relation to:

  • Manufacturing in the agricultural, forestry, fishery, and salt production sector that is seasonal in nature and requires immediate harvesting or processing that cannot be delayed; and
  • Processing of goods according to orders that is dependent on the timing of the owner of the goods, including the garment and textile, leather and footwear, and electronics assembly sectors.

The draft regulations are geared toward requiring employers to make an annual plan for working hours that is agreed to in advance by the employer, the employees, and the union, and is reported to the local labor authorities. The purpose is to add clarity on working conditions and to allocate working hours, yet also meet the urgent demands and rush times of employers associated with seasonal and processing work.

The draft regulations provide a complex formula for determining an annual standard allocation of working hours for a position. The formula is based on the premise that an average working day is 8 hours of work per day for normal jobs, or 6 hours per day for especially strenuous, toxic or dangerous jobs.

Annually, employers will be required to make a plan to determine the standard working hours per day for each position. In the annual plan, the standard working hours per day can be:

  • 8 hours per day for normal jobs or 6 hours per day for especially strenuous, toxic and dangerous jobs;
  • Between 8 and 12 hours per day for normal jobs or between 6 and 9 hours per day for especially strenuous, toxic and dangerous jobs; or
  • Between 4 and 8 hours per day for normal jobs and between 3 and 6 hours per day for especially strenuous, toxic and dangerous job.

The total amount of standard hours in the annual plan shall not exceed the statutory limits set out in the draft regulations.

Under the draft regulations, for normal work, the amount of hours worked per day (both normal working hours and overtime hours) cannot exceed 12 hours. For especially strenuous, toxic or dangerous work, no one may work more than 9 hours per day. There are also weekly limits: The maximum hours worked per week cannot exceed 72 hours per week for normal work, and for especially strenuous, toxic or dangerous work, no one may work more than 54 hours per week. Each month, no one would be allowed to work more than 40 hours of overtime, and for those performing especially strenuous, toxic or dangerous work, the maximum amount of overtime per month is 30 hours. No workers may work more than 300 hours of overtime per year.

In regard to breaks, each worker must have at least one day off (24 straight hours) per week. In rush periods, if this cannot be met, the employer must give at least four days off per month.

For those working 10 hours or more per day, the employer must provide at least one 30-minute break, in addition to the normal breaks which are inclusive in the working hours.

The draft regulations provide that employers must arrange for workers to have holidays, Tet and annual leave off.

When making or adjusting annual plans for working hours, the employer must seek input from the local grassroots labor union. The annual plan must be announced to employees 30 days in advance, and consent of employees for overtime work is required. There are also requirements for the employer to report on the implementation of the plan to the local Department of Labor, War Invalids and Social Affairs.

For more information on the draft circular, please contact us at [email protected].

Related Professionals

Practices

Employment

Location

RELATED INSIGHTS​ 

April 22, 2025
Thailand’s Immigration Bureau has announced the launch of the Thailand Digital Arrival Card (TDAC) as part of ongoing efforts to improve entry procedures and streamline immigration processing. Effective May 1, 2025, all foreign nationals with any type of visa entering Thailand by any means will be required to complete the TDAC online prior to arrival. This requirement does not apply to individuals transiting or transferring through Thailand without passing through immigration control, or to those entering with a border pass. Foreign nationals planning to enter Thailand must complete and submit their TDAC within the three days prior to their arrival date. The form, which collects passport information, personal details, travel information (e.g., flight number), Thai accommodation information, and a health declaration—can be filled out in English online at https://tdac.immigration.go.th. Once the form is submitted, an acknowledgment will be sent to the email address entered on the form. This acknowledgment must be presented at the immigration checkpoint in Thailand along with travel documents for verification. The Thai government strongly encourages all foreign passport holders to complete the TDAC ahead of their departure to prevent any entry delays or issues at the checkpoint.
Read More
April 18, 2025
On March 31, 2025, Cambodia’s Ministry of Labour and Vocational Training (MLVT) issued Notification 009/25, which grants an extension for the renewal of foreign workers’ work permits and employment books in 2025. This extension is to ensure that those who have not yet applied for the renewal of their work permits are provided with sufficient time to complete the application process, as there have been delays in the submission of work permit extension requests. The new deadline for the submission of renewal applications for work permits and employment books is April 30, 2025. Applications and renewals must be processed via the MLVT’s online Foreign Workforce Centralized Management System before the specified deadline. Failure to extend the validity of work permits and employment books for foreign workers before the deadline may result in significant monetary penalties for both employers and foreign nationals. All foreign workers should renew their work permits and employment books within the extended deadline to ensure continued validity for working in Cambodia.
Read More
March 13, 2025
The recent freeze on US foreign aid has led to the suspension of billions of dollars in foreign assistance as well as widespread layoffs at contracting organizations around the world. Under this situation, USAID-funded offices in all jurisdictions, including Cambodia, may face the challenge of determining whether they need to lay off their employees. Employers in Cambodia may take different steps in response to this and other instances of sudden financial stress in order to manage their workforce in accordance with Cambodian laws and regulations. Suspension Cambodia’s Labor Law allows employers to suspend employment contracts due to a major economic or material issue or any unexpected difficulty that results in the suspension of operations. To impose this employment contract suspension, the employer must initially submit a suspension request to the Ministry of Labor and Vocational Training (MLVT), detailing the reasons for the requested suspension. If the reasons are deemed valid and the request is approved, the suspension period cannot exceed two months. During the suspension period, the employer must continue providing accommodation for employees if this benefit is already being provided. In some circumstances, the suspension period can be extended if necessary (as happened during the COVID-19 pandemic). However, financial difficulties alone may not be a valid reason for extension. The decision is at the discretion of the MLVT labor inspectors on a case-by-case basis. Therefore, given the uncertain timeline of financial difficulties that may significantly impact the employer’s budget, suspending employment contracts might be ineffective. Mass Layoffs Under Cambodia’s Labor Law, mass layoffs due to a significant reduction in an establishment’s operation or an internal reorganization foreseen by the employer are permissible. The layoff order must be based on professional qualifications, seniority period, and family burdens of the employees. The first employees to be laid off must be
Read More
February 25, 2025
On February 4, 2025, Thailand’s Board of Investment (BOI) issued Announcement No. Por. 3/2568, introducing updated qualifications, criteria, and conditions for long-term resident (LTR) visas. The updated requirements took effect immediately upon issuance of the announcement. The LTR program is intended to stimulate the economy and attract high-potential foreign nationals to Thailand, and these latest updates aim to expand access to a wider range of experts, investors, and executives to reinforce Thailand’s foreign talent pool and enhance its competitiveness. The recent updates primarily affect three categories under the LTR visa program: work-from-Thailand professionals, wealthy global citizens, and high-skilled professionals, as detailed below. Work-from-Thailand Professionals The updated LTR visa program includes some changes to the eligibility criteria for visa applicants in the work-from-Thailand professionals category: The revenue requirement for visa applicants’ employers is now USD 50 million over a three-year period, down from USD 150 million previously. Eligible foreign employers now include wholly owned subsidiaries of: companies listed on any stock exchange in any country; or private companies that have been in operation for at least three years and have generated a combined revenue of at least USD 50 million over the past three years. There are no longer work experience requirements. The other requirements remain the same. Wealthy Global Citizens For the wealthy global citizens category, the latest updates remove the requirement to have an annual personal income of USD 80,000, while the other criteria remain. Highly Skilled Professionals For the highly skilled professionals category, the latest updates expand eligibility to include lecturers in vocational or higher education, and remove work experience requirements. Other categories The updated LTR visa program does not introduce any changes for the wealthy pensioners category. However, the announcement does expand the scope of eligible dependents of LTR visa holders to cover parents and a
Read More