Working overtime in Vietnam

Some basic rules about working overtime in Vietnam are:

  • Normal working time is limited to 8 hours per day and 48 hours per week.
  • The aggregate overtime should not exceed 300 hours per year.
  • Night working time is from 22:00 to 6:00.
  • Overtime payment is exempt from personal income tax.

The table below provides for the overtime rate that an employer must pay an employee if the employee is working overtime.  The rate is calculated over salary paid during normal working hour.

Social Insurance Contribution and Trade Union Fees in Vietnam

In Vietnam, an employer and its employees must together contribute 32% of the employee’s salary to the social insurance funds (including: social insurance, health insurance, Occupational Accidents and Diseases Insurance and unemployment insurance). However, the employee’s salary used for calculating social insurance contribution is currently capped at about US$ 1,100/month (20 months of current minimum salary). The detail breakdown is as follows:

 

Type of

 insurance

Social Insurance

Occupational Accidents and Diseases Insurance

Health Insurance

Unemployment Insurance

Trade Union Funding and Fees

Employer (%)

17

0.5

3

1

2

Employee (%)

8

None

1.5

1

1

Applicability

Vietnamese employees under employment contracts with the term of at least 3 months (at least 1 month from 1 January 2018);

Vietnamese employees under employment contracts with the term of 1 month or more.

Employees under employment contracts with the term of 3 months or more;

Employees under employment contracts with the term of 3 months or more.

·         Trade Union funding must be paid by the employers to the trade union authority regardless of whether or not such employers have their own grass-roots trade unions

·         Trade Union fee must be paid by employees being trade union members (to the grass-roots trade unions)