Joint Circular No. 08/2005/TTLT-BNV-BTC guiding the wage payment system for night work and overtime for civil servants and public officials.

 JOINT CIRCULAR

Guidelines for Implementing Night Shift and Overtime Pay Regulations for Civil Servants, Public Officials, and Employees

Implementing Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for civil servants, public officials, employees, and armed forces personnel; following discussions with relevant ministries and agencies, the Ministry of Home Affairs and the Ministry of Finance jointly issue guidelines for implementing night shift and overtime pay regulations for civil servants, public officials, and employees as follows:

I. SCOPE AND OBJECTS

1. Scope and Applicability:

a) Civil servants (including probationary civil servants), employees, those currently undergoing internship or trial periods, and contractual workers who have been assigned salaries according to state-prescribed salary scales working in state administrative agencies and state-affiliated public institutions established by competent authorities.

b) Full-time cadres and civil servants at communes, wards, and towns.

c) State-affiliated civil servants and employees receiving salaries according to state-prescribed salary scales assigned to work at associations, non-governmental organizations, projects, and international organizations based in Vietnam.

2. For civil servants, public officials, and employees implementing a 12-hour/24-hour or 24-hour/24-hour duty system, separate guidelines apply.

3. Non-applicable objects:

a) Officers, professional military personnel, non-commissioned officers, and soldiers in agencies and units under the People's Army and the People's Public Security Force.

b) Personnel engaged in confidential work in confidential organizations.

II. PRINCIPLES AND BASIS FOR CALCULATING NIGHT SHIFT AND OVERTIME PAY

1. Principles:

Night shift and overtime pay are calculated based on actual hours worked during night shifts and actual overtime hours beyond standard working hours.

2. Basis for calculation:

a) The hourly wage used as the basis for calculating night shift and overtime pay is determined by dividing the monthly wage by the number of standard working hours in a month.

Where:

a1) The monthly wage includes: current salary level, salary supplements, and retention coefficient (if applicable). Agencies and units applying an additional adjustment factor above the national minimum wage will see their monthly wages adjusted accordingly.

a2) The number of standard working hours in a month is determined by multiplying the number of standard working hours in a day by the number of standard working days in a month.

The number of standard working hours in a day is 8 hours. However, for individuals engaged in particularly arduous, hazardous, or dangerous work as listed by the Ministry of Labor, Invalids, and Social Affairs, shortened working hours may be implemented according to regulations.

The number of standard working days in a month is 22 days.

b) Night shift working hours are defined from 10 PM the previous day to 6 AM the following day for provinces and cities north of Hue; from 9 PM the previous day to 5 AM the following day for provinces and cities south of Da Nang.

c) Overtime hours are implemented according to Decree No. 109/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain articles of Decree No. 195/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain provisions of the Labor Code regarding working hours and rest periods.

III. NIGHT SHIFT PAY REGULATIONS

1. Conditions for entitlement:

The subjects specified in Point 1, Section I of this Circular must have actual working hours during night shifts as prescribed by the competent authority.

2. Method of calculating night shift pay:

Night shift pay is calculated using the following formula:

hours worked

1. Conditions for entitlement:

IV. OVERTIME PAY REGULATIONS

The subjects specified in Point 1, Section I of this Circular must complete the standard working hours per day and month as prescribed by the competent authority before being required to work overtime.

2. Method of calculating overtime pay:

Where:

A rate of 150% applies to regular weekdays;

A rate of 200% applies to weekly rest days;

A rate of 300% applies to holidays or compensatory rest days if a holiday falls on a weekly rest day or paid leave day (this rate already includes the wage paid for uninterrupted leave according to Articles 73, 74, 75, and 78 of the Labor Code).

b) In cases of working overtime during daytime, if compensated rest is provided for the overtime hours, the daytime overtime pay is calculated as follows:

Where:

A rate of 50% applies to regular weekdays;

A rate of 100% applies to weekly rest days;

A rate of 200% applies to holidays or compensatory rest days if a holiday falls on a weekly rest day or paid leave day (this rate already includes the wage paid for uninterrupted leave according to Articles 73, 74, 75, and 78 of the Labor Code).

c) In cases of working overtime during nighttime, overtime pay is calculated using the following formula:

Where:

Overtime pay for 1 hour during daytime (depending on whether the overtime is on a regular weekday, weekly rest day, holiday, paid leave day, and whether compensated rest is provided for nighttime overtime) is calculated according to the formulas specified in Subpoint a or Subpoint b of Point 2, Section IV of this Circular, with the actual number of overtime hours being 1 hour.

V. IMPLEMENTATION

1. Night shift and overtime pay for the month are calculated and paid in the subsequent month based on a detailed list of actual hours worked during night shifts and overtime, confirmed by the head of the agency or unit employing the civil servant, public official, or employee.

2. Sources of funding for night shift and overtime pay:

a) For agencies and units fully funded by the state budget, the source of funds for paying night shift and overtime wages shall be guaranteed by the state budget according to the current budget classification within the annual budget allocation granted to the agency or unit.

b) For agencies implementing quota staffing and administrative management expenses and public service units implementing financial autonomy, the source of funds for paying night shift and overtime wages shall be covered from the allocated quota expenses and autonomous financial resources of the agency or unit.

3. Based on the calculation method for night shift and overtime wages stipulated in this Circular, ministries and ministerial-level agencies with authority to manage civil servant and specialized cadre ranks shall provide guidance in accordance with the labor organization characteristics of their respective sectors, minimize overtime work, and prioritize compensatory rest for overtime hours.

VI. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

Abolish all guiding documents implementing Decree No. 25/CP dated May 23, 1993 of the Government regarding the wage system for night shift and overtime work for cadres, civil servants, and specialized staff working in state agencies and public service units.

2. The wage system for night shift and overtime work prescribed in this Circular shall take effect from October 1, 2004.

3. Cadres, civil servants, and specialized staff working in Party agencies, mass organizations, and social-political organizations' public service units shall implement the wage system for night shift and overtime work in accordance with the guidance of the Central Organization Commission.

In the course of implementation, if there are any difficulties, ministries, sectors, and localities shall report them to the Ministry of Home Affairs and the Ministry of Finance for study and resolution.