Joint Circular No. 12-TT-LB stipulates remuneration for officials and employees working overtime outside regular working hours of eight hours per day.

JOINT CIRCULAR

Regulations on remuneration for overtime work for officials and employees.

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Decree No. 737 - TTg dated April 16, 1956 of the Prime Minister (Article 2) has stipulated the matter of remuneration for officials and employees working overtime outside the regular hours (eight hours per day).

Implementing the regulations of the Joint Ministry of Interior - Labor - Finance on overtime remuneration as follows:

I. - PURPOSE AND SIGNIFICANCE

Overtime work is a measure to be applied only in cases of real necessity, where urgent tasks must be completed within a limited time frame, special and urgent tasks that officials and employees cannot ensure completion if they only work during the officially prescribed hours (eight hours per day).

To compensate partially for the efforts of officials and employees who contribute their labor in such circumstances. The Government has established an overtime remuneration system to help them maintain their health while performing their duties.

II. - CONDITIONS FOR REMUNERATION FOR OVERTIME WORK

Officials and employees of administrative agencies, administrative management and technical staff of construction sites, factories, and enterprises who work overtime under the following conditions shall be entitled to remuneration.

1) Working outside the officially prescribed daily hours or working on rest days (Sundays, holidays) when the agency cannot grant compensatory leave.

2) Performing irregular, special, and unexpected tasks that cannot be postponed.

Conversely, if the tasks are routine and part of the responsibilities that must be guaranteed, including situations where additional work is done by others or due to reasons requiring the resolution of accumulated non-urgent tasks, officials and employees who work extra hours beyond the officially prescribed hours will not be entitled to overtime remuneration. In this case, the responsible agency must improve work procedures, have plans and schedules, organize competitions to increase productivity, arrange personnel on duty, organize shifts for compensatory leave, etc., so that each official and employee strictly fulfills an eight-hour workday.

3) Overtime work must be reviewed and decided by the following levels of authority:

At the central level: Director, Deputy Director of the Office, Prime Minister, and Departments of the Government, Director, Deputy Director of Bureaus, Departments, Agencies, Institutes, and above.

At the regional level: Regional Committee, Administrative Committee, Director, Deputy Director of the Office, Administrative Committee, controllers from the Director, Deputy Director of the Region and above.

At the provincial level: Provincial Administrative Committee, controllers at the provincial level from the Head, Deputy Head of the Department and above.

At the district level: District Administrative Committee.

At factories, construction sites, small construction sites: Director, Deputy Director, Command Board.

The authority will determine the overtime hours based on the situation and work requirements.

4) Working for one hour or more counts as overtime. If there is a fractional time between 20 to 45 minutes, it is counted as half an hour, and 45 minutes or more is counted as one hour.

III. - LEVELS OF REMUNERATION FOR OVERTIME WORK FOR OFFICIALS AND EMPLOYEES

There are five levels of remuneration (day and night) set for five ranks, as shown in the table below:

The difference in remuneration according to time is because working from 10 PM to 5 AM is more strenuous and requires more compensation.

For civil servants on business trips who work overtime, the head of the agency will determine the remuneration level based on their position and job responsibilities, equivalent to one of the five levels mentioned above.

IV. - NUMBER OF OVERTIME HOURS

To protect the health of officials and employees, efforts should be made to limit the number of overtime hours, the fewer the better.

- If working on regular days, the number of overtime hours should not exceed four hours.

- If working on rest days (Sundays, holidays), the number of overtime hours should not exceed eight hours.

Given the current situation with many tasks, a shortage of officials and employees, and urgent and pressing work, both leadership and individual officials need to pay attention to the issue of protecting health to continue serving long-term and avoid affecting the efficiency of current work. Therefore, it is necessary to arrange officials, organize, and reform work procedures reasonably to ensure work. Overtime work outside regular hours should only be done in exceptional circumstances. For older officials, those with poor health, pregnant women, and those with young children, every effort should be made to avoid overtime work.

V. - SCOPE OF APPLICATION

1) This remuneration system for overtime work applies to officials and employees of administrative agencies from the central to the district level, and administrative management staff of construction sites, factories, and enterprises.

For officials and employees of mass organizations, the Executive Committees of these organizations will base their regulations on the administrative agencies.

2) For administrative management staff of enterprises and factories, the Ministries will base their regulations on the remuneration table agreed upon with the Ministry of Interior, the Ministry of Labor, and the Ministry of Finance. For direct sales or production staff in state-owned enterprises: State Trading, Railways, Post, etc., the Ministries will consult with the Ministry of Interior, the Ministry of Labor, and the Ministry of Finance to establish appropriate remuneration systems.

3) Workers in factories and construction sites who work overtime will receive remuneration according to a separate system issued by the Ministry of Labor.

4) Teachers at all levels who teach additional hours will receive remuneration according to a separate regulation.

5) This circular does not apply to officials and employees involved in land reform work (including inspection teams) because land reform work is a special task that cannot be regulated like other government offices.

This circular shall take effect from the date of receipt.

While implementing this circular, if any difficulties, obstacles, or new issues are discovered, the agency should promptly report to the Ministry of Interior for monitoring and resolution.