Official Dispatch 2531/LDTBXH 2003 HCMC registration for organizing overtime work from over 200 hours to 300 hours per year

            Pursuant to the Government’s Decree No. 109/2002/ND-CP dated December 27, 2002, amending and supplementing a number of articles of the Government’s Decree No. 195/ND-CP dated December 31, 1994, detailing and guiding the implementation of a number of articles of the Labor Code on working time and rest time, and the Ministry of Labor, Invalids and Social Affairs’ Circular No. 15/TT-BLDTBXH dated June 3, 2002, guiding the implementation of overtime work under the Government’s Decree No. 109/2002/ND-CP dated December 27, 2002;

Pursuant to Decision No. 132/2003/QD-UB dated July 30, 2002, of Ho Chi Minh City People’s Committee, on authorizing the Director of Department of Labor, Invalids and Social Affairs to sign on the Decision permitting enterprises to organize overtime work;

The Department of Labor, Invalids and Social Affairs of Ho Chi Minh City hereby provides guidance on registration for organizing overtime work from over 200 hours to 300 hours per year as follows:

1. Registration dossier:

- An enterprise's Official Dispatch applying for organizing overtime work from over 200 hours to 300 hours per year (made according to Form No. 02 to Circular No. 15/TT-BLDTBXH dated June 3, 2003, of the Ministry of Labor, Invalids and Social Affairs).

- 3 copies of the plan for organizing overtime work from over 200 hours to 300 hours per year (made according to Form No. 03).

2. Procedures and time limits for registration:

- An enterprise shall register the organization of overtime work from over 200 hours to 300 hours per year only after organizing 200-hour overtime work and wishing to organize overtime work under Point 2.2, Clause 2, Section II of Circular No. 15/2003/TT-BLDTBXH.

- In 2003: Enterprises shall only formulate and register the plan for organizing overtime work for the last four months of 2003.

- From 2004 onwards, enterprises wishing to organize overtime work from over 200 hours to 300 hours per year under Point 2.2, Clause 2, Section II of Circular No. 15/2003/TT-BLDTBXH shall formulate the plans and make registration.

For example:

PLAN FOR ORGANIZING OVERTIME WORK FROM OVER 200 HOURS TO 300 HOURS IN 2004 (2^ND REGISTRATION)

Job titles and occupations that require overtime work from over 200 hours to 300 hours per year

Note: Column 11: The number of overtime working hours of the first registration that has been permitted by the Department of Labor, Invalids and Social Affairs, and implemented by an enterprise.

Therefore:

- Saw Department: up to the date of October 30, 2004, the Department has organized 258 hours of overtime work (200 hours as permitted + 58 hours according to the plan of the second registration for organizing overtime work).

- Paint Department: up to the date of December 10, 2004, the Department has organized 292 hours of overtime work (200 hours as permitted + 92 hours according to the plan of the second registration for organizing overtime work).

3.  Place of registration

Enterprises operating under the Law on State Enterprises, district-level non-business units with revenue operating under the economic accounting regime; enterprises operating under the Enterprise Law, which are located in the City (including enterprises in the City’s Industrial and Export Processing Zones) shall submit their registrations at the Office of Labor - Salary - Wages under the Department of Labor, Invalids and Social Affairs, at the address: No. 159, Pasteur Street, District 3, Tel: 8.222.409.

- Enterprises operating under the Law on Foreign Investment in Vietnam (including enterprises in the City’s Industrial and Export Processing Zones) shall submit their registrations at the Office of Overseas Labor under the Department of Labor, Invalids and Social Affairs, at the address: No. 159, Pasteur Street, District 3, Tel: 8.295.900.

For consistent management, Ho Chi Minh City Industrial and Export Processing Zones Management Board is required to summarize, sign and transfer registration dossiers of enterprises located in the City’s Industrial and Export Processing Zones to the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City (the Office of Labor - Salary - Wages or the Office of Overseas Labor) according to the aforesaid instructions.

After receiving Official Dispatches and Plans for organizing overtime work from over 200 hours to 300 hours per year from enterprises, the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City shall consider and issue permission decisions.

Based on decisions of the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City, enterprises must strictly follow these decisions and Circular No. 15/TT-BLDTBXH dated June 3, 2003, of the Ministry of Labor, Invalids and Social Affairs, guiding the implementation of overtime work under the Government’s Decree No. 109/2002/ND-CP dated December 27, 2002.

Any difficulties arising in the course of implementation should be reported to the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City (where the registration is made) for research and instructions.