Circular 56/2026/TT-BXD working time and rest time for workers performing jobs of special characteristics at sea

CIRCULAR

On working time and rest time for workers performing jobs of special characteristics at sea in the provision of public non-business services for maritime safety assurance

Pursuant to the Vietnam Maritime Code No. 95/2015/QH13;

Pursuant to the Labor Code No. 45/2019/QH14;

Pursuant to the Government’s Decree No. 33/2025/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

At the proposal of the Director of the Organization and Personnel Department and the Administrator of the Vietnam Maritime and Waterway Administration;

The Minister of Construction hereby promulgates the Circular on working time and rest time for workers performing jobs of special characteristics at sea in the provision of public non-business services for maritime safety assurance.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides working time and rest time for workers performing jobs of special characteristics at sea in the provision of public non-business services for maritime safety assurance.

Article 2. Subjects of application

1. Employers being enterprises and organizations providing public non-business services for maritime safety assurance that hire and employ workers performing jobs of special characteristics at sea.

2. Workers performing jobs of special characteristics at sea in the provision of public non-business services for maritime safety assurance, including operation and maintenance of isolated lighthouses, isolated danger marks, and cardinal marks; general inspection and maintenance of marine aids to navigation; routine inspection of dikes and revetments along navigational channels; painting and maintenance of marine aids to navigation on navigational channels (buoys and beacon marks); replacement, deployment, adjustment, and retrieval of marine navigational buoys on navigational channels; and provisioning of lighthouse stations and navigational channel management stations.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Work shift means a working period of a worker which is calculated from the time he/she starts his/her job to the time he/she hands over such job to another worker, inclusive of the working time and break.

2. Work session means the continuous period during which a worker works and rests at the workplace, calculated from the time the worker arrives at the workplace to the time he/she completes the assigned duties and leaves the workplace, exclusive of travel time.

Chapter II

WORKING TIME AND REST TIME

Article 4. Working time

Working time for workers performing jobs of special characteristics at sea in the provision of public non-business services for maritime safety assurance shall be arranged in work shifts of not more than 06 hours per day.

Article 5. Overtime work

1. Working time beyond work shifts specified in Article 4 of this Circular shall be regarded as overtime.

2. The number of overtime hours of a worker must not exceed 50% of the number of working hours in a work shift in one day; the total number of overtime hours must not exceed 300 hours in one year.

3. The organization of overtime work must be agreed upon by workers and comply with applicable laws.

4. The organization of overtime work in special cases shall comply with Article 108 of the 2019 Labor Code.

Article 6. Rest time

1. After each working shift, a worker is entitled to a rest of at least 12 consecutive hours before starting a new working shift.

2. An employer shall arrange breaks of a work shift which are included in the working time, provided that each break must last at least 30 consecutive minutes or at least 45 consecutive minutes for night-shift workers.

3. In addition to break time during work shifts, each year workers shall be arranged continuous leave following work sessions totaling at least 52 days; such leave may be divided into one or more periods.

Article 7. Annual leave; public holidays; personal leave; unpaid leave

1. In addition to the rest period following work sessions prescribed in Clause 3, Article 6 of this Circular, workers shall be entitled to annual leave in accordance with Articles 113 and 114 of the 2019 Labor Code.

2. Workers are entitled to take leave on public holidays; and take personal leave and unpaid leave under Articles 112 and 115 of the 2019 Labor Code.

3. Where a worker works on a public holiday, he/she shall be paid overtime wages in accordance with law.

Chapter III

IMPLEMENTATION PROVISIONS

Article 8. Responsibilities of employers

Employers shall specify work shifts, working time, and rest time for workers performing jobs of special characteristics at sea in the provision of public non-business services for maritime safety assurance in their internal labor regulations and notify workers in accordance with law.

Article 9. Effect

1. This Circular takes effect from September 01, 2026.

2. In case any legal documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing ones shall prevail.