Key rules when employers arrange 200–300 overtime hours per year
On 18/08/2025, the HCMC Department of Home Affairs issued Official Letter 2677/SNV-VLATLĐ on organizing overtime from over 200 up to 300 hours/year.
Employers and employees should understand these rules to avoid violations.
Legal bases: Labor Code 2019 • Decree 145/2020/ND-CP
1️⃣ Scope of application
Under Article 2 – Labor Code 2019, these rules apply to:
- Employees; trainees and apprentices.
- Employers (enterprises, organizations).
2️⃣ Cases eligible for 200–300 overtime hours/year
According to Article 107 of the Labor Code 2019 & Article 61 of Decree 145/2020/ND-CP, seven groups are eligible:
- Manufacturing/processing for export: textiles, footwear, electronics, agro-forestry-fishery processing.
- Production/supply of electricity, telecommunications, oil refining, water supply & drainage.
- Jobs requiring high professional/technical skills that the labor market cannot promptly supply.
- Urgent, seasonal work; or arising from disasters, fires, technical incidents, power shortage.
- Jobs directly related to urgent public service activities.
- Provision of public services: healthcare, education, vocational education.
- Production–business at enterprises with normal working time ≤ 44 hours/week.
3️⃣ Conditions to arrange 200–300 hours/year
- Total overtime ≤ 50% of normal working hours in a day.
- Total working time + overtime ≤ 12 hours/day (including part-time schedules).
- On holidays, Tet, weekends: overtime also ≤ 12 hours/day.
⏱️ 12 hours/day cap
🧭 ≤ 50% of daily normal hours
4️⃣ Notification procedure
- Notify the Department of Labor (now the Department of Home Affairs) where overtime is organized; and also the head-office province if different.
- Send the notice within 15 days from the date overtime of 200–300 hours/year starts.
- Use the template Form 02/PLIV – Appendix IV, Decree 145/2020/ND-CP.
5️⃣ What should employers note?
- ✓Only the seven groups above are eligible (not all sectors).
- ✓Employee agreement is mandatory – no coercion.
- ✓Prepare a complete file: agreement and notice to the authority.
- ✓Track overtime closely to stay within legal thresholds.
✅ Conclusion
Arranging more than 200 overtime hours/year is a situational solution for production needs but comes with strict legal constraints.
Employers should master the rules in the Labor Code 2019 and Decree 145/2020/ND-CP to meet schedules while ensuring legal safety and employee rights.
Need templates & a checklist for lawful overtime arrangements?
MBA Audit provides Form 01/PLIV (agreement), Form 02/PLIV (notification), and an overtime tracking workflow.
Hotline: 0984 844 099 • Email: kinhdoanh@mba-au.com
