Circular No. 12/2022/TT-BCT stipulates working hours and rest periods for workers involved in operating, maintaining, and repairing gas distribution pipeline systems and gas facilities. This document applies to employers and workers operating in these fields.
Đối tượng áp dụng
["Employers are organizations or individuals using labor in management, operation, maintenance, and repair of gas distribution pipeline systems and onshore oil and gas facilities.", "Workers performing tasks related to operating, maintaining, and repairing gas distribution pipeline systems and gas facilities at production facilities of employers."]
Các điểm cốt lõi
- Workers working in shifts shall not exceed 12 hours in one day (Article 4).
- The maximum work period is seven consecutive days (Article 4).
- Overtime organization must be agreed upon by the worker and comply with the provisions of Article 59 and Article 62 of Decree No. 145/2020/NĐ-CP (Article 5).
- The transition time between two consecutive shifts shall not exceed 45 minutes (Article 6).
- After each work period, workers are arranged continuous rest time equal to the number of working days in the previous period (Article 8).
🌐 Tác động xã hội từ văn bản này
- Workers will have clear working hours and rest periods, ensuring health benefits.
- Employers need to comply with shift and work period regulations in the Labor Regulations.
- State management agencies have additional tools to monitor and inspect compliance with these regulations.
❓ Câu hỏi thường gặp
What is the maximum duration of a single shift?
A single shift shall not exceed 12 hours in one day (Article 4).
How long can the maximum work period last?
The maximum work period is seven consecutive days (Article 4).
What must employers do to comply with this Circular?
Employers must clearly define shift and work period regulations in the Labor Regulations and notify workers (Article 9).
What is the maximum transition time between two shifts?
The transition time between two shifts shall not exceed 45 minutes (Article 6).
How many days of rest are workers entitled to after each work period?
After each work period, workers are entitled to continuous rest time equal to the number of working days in the previous period (Article 8).
Toàn văn
CIRCULAR
Regulations on working hours and rest periods for workers engaged in operating, maintaining, and repairing gas distribution pipeline systems and gas facilities
For workers engaged in operating, maintaining, and repairing gas distribution pipeline systems and gas facilities
system of gas distribution pipelines and gas facilities
_________
Pursuant to Article 116 of the Labor Code No. 45/2019/QH14 adopted by the National Assembly on November 20, 2019;
Pursuant to Article 68 of the Government Decree No. 145/2020/NĐ-CP dated December 14, 2020 detailing and guiding the implementation of certain provisions of the Labor Code regarding labor conditions and labor relations;
Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
The phrase "or examination" is abolished pursuant to Clause 6, Article 8 of Circular No. 15/2025/TT-BVHTTDL dated November 25, 2025, of the Minister of Culture, Sports and Tourism amending and supplementing certain articles of Circulars prescribing job codes, qualification standards, and salary grades for civil servants in the heritage culture, library, grassroots cultural activities, sports, fine arts, art performance, film, and cultural propaganda sectors, which takes effect from January 15, 2026.
The Minister of Industry and Trade issues this Circular stipulating working hours and rest periods for workers engaged in operating, maintaining, and repairing gas distribution pipeline systems and gas facilities after consultation with the Ministry of Labor, Invalids and Social Affairs.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates working hours and rest periods for workers engaged in operating, maintaining, and repairing gas distribution pipeline systems and gas facilities.
Article 2. Applicability
1. Scope of application:
a. Employers are organizations or individuals using labor in the following fields: management, operation, maintenance, and repair of gas distribution pipeline systems and oil and gas facilities on land;
b. Workers engaged in operating, maintaining, and repairing gas distribution pipeline systems and gas facilities at production facilities of employers specified in point a of this clause.
This Circular does not apply to indirect workers at production facilities of employers specified in point a of Clause 1 of this Article.
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
1. A shift consists of the working time of workers including: working time at the workplace and break time during work hours.
2. A work period is the total number of consecutive working days of workers according to a shift from their arrival until departure from the production facility, excluding travel time.
3. Working time at the workplace of workers includes direct working time and rest breaks during work hours as prescribed in Clause 2 of Article 109 of the Labor Code.
Chapter II
WORKING HOURS AND REST PERIODS
Article 4. Working Hours
Workers engaged in operating, maintaining, and repairing gas distribution pipeline systems and gas facilities shall work according to shifts and work periods as follows:
1. A shift shall not exceed 12 hours in one day.
2. A work period shall be a maximum of seven days.
Article 5. Overtime
1. Overtime working hours are the working hours outside the shift or work period as prescribed in Article 4 of this Circular.
2. Ensure that the total working hours of a shift and overtime hours do not exceed 12 hours in one day; overtime hours shall not exceed 300 hours in one year.
3. Organizing overtime work must have the consent of the worker and comply with the provisions of Articles 59 and 62 of the Government Decree No. 145/2020/NĐ-CP dated December 14, 2020.
4. Organizing overtime work in special cases must comply with the provisions of Article 108 of the Labor Code.
Article 6. Rest During Work Hours
1. Rest during work hours must comply with the provisions of Article 109 of the Labor Code.
2. Transition time between two consecutive shifts shall not exceed 45 minutes.
Article 7. Shift change rest; Public holiday rest; Annual leave; Personal leave, unpaid leave
1. Shift change rest; Public holiday rest; Personal leave, unpaid leave shall comply with the provisions of Articles 110, 112, and 115 of the Labor Code.
2. Annual leave shall comply with the provisions of Articles 113 and 114 of the Labor Code. In cases where it is not possible to arrange annual leave for workers, the employer shall negotiate with the worker regarding annual leave during shift rotation rest periods.
Article 8. Shift rotation rest
After each work shift, workers working on shifts shall be arranged continuous rest for a number of days equal to the number of working days in the previous work shift.
Chapter III IMPLEMENTATION PROVISIONS
Article 9. Responsibilities of the Employer
1. The employer has the responsibility to specifically define the work shifts and work sessions of workers in the Labor Regulations and notify the workers before they start working in accordance with the provisions of the law.
2. Annually, before January 15, report to the Ministry of Industry and Trade on the implementation of this Circular and submit ad hoc reports when required by competent authorities.
Article 10. Effective Date
This Circular takes effect from September 9, 2022.
2. The Cadre and Civil Servant Department shall be responsible for supervising and inspecting the implementation of the provisions of this Circular.
3. In case of difficulties during implementation, organizations and individuals are requested to reflect such issues to the Ministry of Industry and Trade for consideration and resolution within their authority./.
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DEPUTY MINISTER DEPUTY MINISTER
Dang Hoang An |
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