Page 1 of 5 Website is managed by Vietnam Industry & Trade Information Center according to the decision of the Vietnamese government Home Page Business Directory Business Consultancy Government Information Intergration Calendar of Events Statistics Business News Companys Profile Services Business Introduction THE MINISTRY OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS No.14/1999/TT-BLDTBXH SOCIALIST REPUBLIC OF VIETNAM Independence- Freedom- Happiness ----***---- Hanoi, May 18, 1999 Circular Instructing the implementation of the regime on working and off-work applied to labourers engaged in seasonal production and processing of export products on the order basis Pursuant to Governmental Decree No.10/1999/ND-CP of March 1, 1999, which adds to Governmental Decree No.195/CP dated December 31, 1994, stipulating in detail and instructing the implementation of some articles of the Labour Code on working and off-work, the Ministry of Labour, War Invalids and Social Affairs regulates and instructs the implementation of the regime on working and off-work applied for labourers involved in seasonal production and processing of export products on the order basis as follows: I. Object and scope of application 1. Scope of application covers the following businesses and production and trading bases: - State-owned businesses; - Foreign-invested businesses and those operating in export processing, industrial, and high-tech zones; - Businesses in other economic sectors, organisations and individuals which employ and use labourers. 2. Objects of application include labourers which have either a working contract, with a definite working term of 1-3 years, or a term less working contract, and are involved in the following businesses: - Seasonal production, such as harvesting and processing agricultural-forestry-aquacultural products that need to be harvested and processed at a specific time as they will not remain fresh for very long; - Processing of export products on the order basis which normally depends on the time of delivery requested by the product owner. 1. Labourers working are clarified as follows: 1.1 Daily standard working are defined as follows: a/ Calculating the yearly standard working hour fund: = [365 - T t + T p + T L )] x t n (hour) II. Working and off-work + : Labourers yearly standard working hour fund; + T t : weekend days off as identified in the regulations in Article 72 of the Labour Code; + T p : days off in a year identified as per the regulations in Articles 74 and 75 of the Labour Code and Point 3 of Item II of Circular No.07/LDTBXH-TT of April 11, 1995; + T L : holidays: eight days;

Page 2 of 5 + t n : working a day: eight ; and six for labourers working at particularly hard, poisonous and dangerous work. Example 1: Company A has a standard working hour fund in 1999 as follows: amount of days according to the solar calendar: 365 weekend days off: T t = 52 annual days off: T p = 15 holidays: T L = 8 Average amount of working a day: t n = 8 = [365 - (52+15+8)] x 8 = 2,320 b/ Calculating total standard working a day: Based on the above-calculated yearly standard working hour fund, employers specify the amount of standard working a day applied to labourers in cases as follows: b.1 Ordinary working days: eight ; and six for labourers doing particularly hard, poisonous and dangerous work; b.2 Working days which last for more than eight, but must not exceed 12. In particular, for labourers doing especially hard, poisonous, dangerous work, the duration is between more than six and less than nine. The excessive working (more than eight a day or, six a day for labourers doing specially hard, poisonous and dangerous work) are not considered as extra working ; b.3 Working days which last for less than eight, but not less than four. Labour users do not have to pay salary for the gap between the factual working and the ordinary working, and do not arrange labourers working for less than four a day; b.4 Permit the whole days off, without having to pay salary for halted work. - working as referred to in Point b (including working for which salary is paid according to the existing regulations of the Labour Code) do not exceed the yearly standard working hour fund. For each labourer, labour users must arrange for them to take leave with pay for personal business, including maternity leave and other off-work regimes in accordance with the existing regulations of the Labour Law. Once the total amount of working a day is fixed, if jobs are not provided for labourers, labour users must still pay the salary for this halted work. Example 2: Identifying the total amount of standard working a day in Company A: Month amount of standard working amount of working days in the month working Note a day 1 8 25 200 A day off on the first day of the new year according to the solar calendar 2 8 20 160 Four days off during the Tet holiday 3 8 27 216 4 12 from Monday to Friday of the second week; 11 from Monday to Friday of the other week; 8 on Saturday every week 25 268 A day off on the Liberation Day 5 9 from Monday to Friday 25 221 A day off on the May Day 8 on Saturday 6 8 15 120 11 annual days off 7 7 23 161 4 annual days off 8 7 17 119 9 days off 9 6 25 150 A day off on the National Day 10 11 from Monday to Friday 26 271 11 9 from Monday to Friday during the first two weeks of the month; 26 218

Page 3 of 5 8 on other working days in the month 12 8 27 216 2,320 1.2. Extra working : a. The excess of labourers working over the daily standard identified in Point b of Item 1.1 is considered extra working. b. The total of standard and extra working a day does not exceed 12 or, nine for labourers doing particularly hard, poisonous and dangerous work. Example 3: Due to unexpected requirements, in April, Company A has to work extra. According to Example 2, Company A is able to arrange work schedule as follows: - From Monday to Friday of the second week: Extra working must, by no means, be arranged; - From Monday to Friday of the other weeks: At most one extra working hour is allowable; - Every Saturday: At most four working are permitted. c. The total amount of extra working in a year does not exceed 200 /labourer. 2. Off-work : 2.1 Working which exceed the standard of eight a day are calculated to enable labourers days off as compensation or reduced working during the off-season days or during the period of time when there are not any orders for processing export products; 2.2 In peak months during the season or in months when processing must be done quickly, labour users must ensure labourers at least four days off some time during the month; 2.3 The regime on labourers tea breaks either during the shift, in the middle of the shift, or between the two shifts is observed as per the existing regulations of the Labour Code; in cases where labourers work more than 10 a day, labour users must extend the break for at least 10 minutes taken aside from working ; 2.4 Labour users arrange to enable labourers days off work or compensation for working days during holidays or Tet, and arrange annual days off, days off for personal business and others, in conformity to the existing regulations of the Labour Code. 1. Labour users have the following responsibilities: III. Implementation - In accordance with the regulations of this Circular, labour users agree with the grassroots Trade Union Committee over the plan on work and off-work schedules during the year which must be noted in the collective labour agreement and the working contract. Monthly work schedule must be posted publicly in workshops and be provided to production groups and teams involved. In cases where the business is yet to form the Trade Union, the annual work and off-work schedule must be passed at the staff conference of the business or the production and trading base; - Labour users have the responsibility of reaching an agreement with labourers over the mode of salary payment, according to which salary is paid either seasonally or annually; - Yearly, businesses, which need to work as decreed in this Circular, must register at the local Department of Labour, War Invalids and Social Affairs, following the attached form. The Department of Labour, War Invalids and Social Affairs is allowed to entrust the Centrally-governed provincial or municipal industrial zone authority with receiving and generalising the registration of work and off-work schedules of businesses operating in industrial, export processing, and hi-tech zones, and later addressing it to the Department of Labour, War Invalids and Social Affairs. 2. Local Departments of Labour, War Invalids and Social Affairs take the responsibility of instructing businesses and units within the locality, with the implementation of this Circular; receiving registrations; and carrying out examinations and inspections of the implementation of this Circular. 3. The Circular comes into effect 15 days as of the date of its signing. During the implementation, entanglements and questions, if any, should be addressed to the Ministry of Labour, War Invalids and Social Affairs for resolution. Minister of Labour, War Invalids and Social Affairs

Page 4 of 5 Nguyen Thi Hang Form attached to Circular No.14/1999/TT-BLDTBXH dated May 18, 1999, from the Ministry of Labour, War Invalids and Social Affairs Ministry (branch, locality) Registration of work and off-work schedule Year... Name of business: Form of production and trading: Kind of seasonal production, or export processing: 1/ Standard working hour fund in year...of an ordinary labourer: = 2/ Plan for the total of standard working a day: Month amount of standard working amount of working days in the month working Note a day 1 2 3 4 5 2 3 4 5 6 7 8 9 10 11 12 Day... Month...Year 199.. Trade union representative (Signature and seal) Labour user (Signature and seal) (This translation is for reference only) Legal update:. Decree No. 27/2011/ND-CP dated April 9, 2011 of the Government, on the provision, exploitation, processing and use of information on passengers before their entries into Vietnam by air. Decree No. 26/2011/ND-CP dated April 08, 2011 of the Goverment amending and supplementing a number of articles of the government's Decree No. 108/2008/ND-CP dated October 7, 2008, detailing and guiding a number of articles of the chemical law.

Page 5 of 5. Circular No. 03/2011/TT-BXD dated April 6, 2011 of the Ministry of Construction, guiding the inspection, assessment and certification of full satisfaction of force-bearing safety conditions and certification of quality standard conformity of construction works. Decree No. 24/2011/ND-CP dated April 05, 2011 of the Goverment amending a number of articles of the November 27, 2009 Decree No.108/2009/ND-CP on investment in the form of build-operate-transfer contract, build transfer contract.. Decree No. 22/2011/ND-CP dated April 04, 2011 of the Government providing for the common minimum wage. Copyright by Vietnam Industry and Trade Information Center - Ministry of Industry and Trade @2010 Main person in charge:mr. Pham Ngoc Thuy, Vice director of VITIC. Address: 76 Nguyen Truong to Hanoi Tel. :(04)37153633; (04)37153634;(04)37153635 Fax: (04)37153697 License: No 89/GP-TTDT dated April 27 th, 2010, issued by the Ministry of Information and Communications.