Joint Circular No. 13-TT-LB provides explanations and guidelines for implementing allowances for drivers and co-drivers of automobiles.

CIRCULAR

Explanation and guidance on the implementation of allowances for drivers and assistant drivers of automobiles

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MINISTER OF LABOUR-MINISTER OF TRANSPORT AND POSTS-MINISTER OF FINANCE

The "special allowance" system for drivers and assistant drivers of automobiles established in Joint Decree No. 52-NĐ-LB dated July 4, 1954 and No. 42-LB-NĐ dated August 29, 1954 has been inconsistently implemented and deviated from the original intent over time. Some sectors grant special allowances to employees whenever vehicles are in operation, even when they only drive small cars or medium-sized trucks around the city without having to eat outside meals or endure significant physical exertion or expenses beyond those of workers at factories. Other sectors arbitrarily increase allowances significantly (1,600-2,100 kg per month), allowing employees to earn 20,000 to 30,000 dong, equivalent to or higher than their base salaries. Such inconsistent and deviant implementation has led to dissatisfaction and confusion among drivers and assistants, affecting commodity prices and transportation plans.

On the other hand, the aforementioned "special allowance" system, upon review, is found to be unsuitable for current transportation conditions which have become more favorable.

To address this situation, the Joint Ministry has issued Decree No. 89-NĐ-LB dated August 20, 1956 to amend and specify the allowance system for automobile drivers, assistant drivers, and personnel responsible for vehicle fleets.

Decree No. 89-NĐ-LB dated August 20, 1956 abolishes the special allowance and grants employees the following allowances:

1- Travel allowance of 100 dong per day if meals must be taken outside.

2- Health maintenance allowance payable only to assistant drivers and large truck drivers (medium-sized trucks towing trailers or operating on the Northwest route, coal trucks, and crane trucks are considered large trucks).

3- Overtime allowance applicable only to transport vehicles.

This Circular aims to explain and guide the implementation of the above allowances.

I. TRAVEL ALLOWANCE

The travel allowance is intended to cover additional expenses incurred during trips and is uniformly applied to all personnel in vehicle fleets: 400 dong per day, 200 dong for half a day.

The travel allowance will be based on the number of main meals consumed outside, specifically, two main meals outside will be counted as one day (400 dong), one main meal outside will be counted as half a day (200 dong).

For long-distance trips exceeding 100 kilometers, even if meals are taken at the office, if the distance exceeds 150 kilometers, half a day (200 dong) will be counted, and if it exceeds 300 kilometers, a full day (400 dong) will be counted. For example, a driver who had lunch at Hanoi at 11 AM, started driving to Haiphong at 12 PM, and returned to Hanoi for dinner at 6 PM would still be eligible for a half-day travel allowance (200 dong) because the total distance covered exceeded 150 kilometers (Haiphong-Hanoi round trip is 210 kilometers). For distances under 100 kilometers (such as driving around the city), the allowance will be based on meals eaten outside rather than distance traveled.

The travel allowance for drivers and assistant drivers stipulated in Joint Circular No. 1-TT-LB dated October 6, 1955 of the Ministry of Labour, Transport and Posts, and Finance remains in effect.

II. HEALTH MAINTENANCE ALLOWANCE

Current wages already take into account arduous and strenuous work. Therefore, this allowance is only provided for truly necessary cases involving extremely strenuous and arduous work that significantly depletes health. Generally, it applies to large truck drivers and assistants.

This allowance is set at two levels:

- 300 dong per day, 150 dong for half a day for drivers towing trailers and operating cranes, and 200 dong per day for assistant drivers. These drivers typically handle loads up to 20 tons or 30 tons, hence they receive a separate level.

- 200 dong per day, 100 dong for half a day for drivers, and 150 dong per day, 80 dong for half a day for assistant drivers of large trucks (over 7 tons), medium-sized trucks (intermediate range) operating on the Northwest route (with many hills and valleys), and coal trucks. Drivers operating cranes or controlling cranes also receive 200 dong per day, 100 dong for half a day.

Drivers and assistant drivers of small trucks or medium-sized trucks without trailers operating on general routes (excluding the Northwest route) do not qualify for this allowance.

- Driving for six hours or more counts as one day.

- Driving for three to less than six hours counts as half a day.

- Driving for less than three hours does not count.

From 9 PM to 5 AM, each additional hour of driving counts as one and a half hours for calculating the health maintenance allowance.

Waiting times generally do not count towards the allowance. Exceptions include waiting periods under one hour to park, load/unload goods, board ferries, disembark ferries, etc., which are counted towards the allowance.

III. OVERTIME ALLOWANCE

The nature of driving work is intermittent and does not have fixed working hours like factory jobs. Sometimes, vehicles operate continuously day and night for two or three days but then rest for one or two days while waiting for cargo. Rest days do not necessarily fall on Sundays. Due to these special conditions, overtime allowances cannot be calculated daily or weekly but must be calculated monthly. Hours worked on one day can offset hours missed on another, and weeks can balance each other out. If the total hours worked in a month exceed the specified limit, employees will receive an overtime allowance.

Example:

The official working hours for fleet A are eight hours per day (the official hours are determined by each sector according to the nature of the work and specific circumstances within the range of eight to ten hours).

- In May 1956, there were 31 days, minus four Sundays and two holidays, leaving 25 working days. The total working hours in the month are: 8 hours/day × 25 days = 200 hours. Even if some days employees work until 10 or 11 PM, if the total working hours do not exceed 200 hours, they do not receive an overtime allowance. If fewer hours are worked, they do not need to make up for it in the next month. Since the working hours are calculated monthly, all overtime hours in a month are treated as daytime working hours (without adding 25% or 100%, even if the vehicle operates at night).

All waiting times for cleaning vehicles, repairing vehicles, loading goods, unloading goods, etc., are considered working hours. Except in cases where workers are notified in advance by the agency or enterprise to stay at home, such time will not be counted as working hours. For example: Workers must be present at the enterprise from 9 o'clock but have to wait until 11 o'clock before preparations are complete for the vehicle to run; the waiting time from 9 o'clock to 11 o'clock is still counted as working hours.

The above supplementary payment systems only apply to transport vehicles and do not apply to vehicles for heads of units, experts, International Commission staff, etc. The supplementary payment system for drivers of heads of units and experts shall be regulated by the Inter-Ministerial Joint Circular later.

This regulation is uniformly implemented for transport fleets of enterprises and businesses from the date of issuance. However, if after receiving the Decree and the Inter-Ministerial Joint Circular, there are cases where employees receive supplementary payments under the old system higher than this new system, no retroactive recovery will be made. Conversely, if the calculation is lower than the new system, employees will be entitled to claim from the date of issuance.

While implementing, sectors and localities encountering difficulties should report promptly to the Inter-Ministry for resolution.