Mr Dao Thanh Hai ( in Can Tho Province) would like to ask: Besides enjoying the business trip allowances,  do officers who are sent by the unit on business trips on Sunday get pay?

 Which legal documents deal with this issue?

Lawyer Tran Van Toan, the Khanh Hung Lawyer,s Office - Hanoi Bar Association responds to Mr. Doan Thanh Hai as follows:

At present, circular No. 40/2017/TT-BTC dated 28 April, 2017 of the Ministry of Finance deals with business trip allowances and conference expenditures applicable to regulatory agencies, public service providers, political organizations, socio-political organizations, other organizations or associations funded by state budget. (This Circular takes effect as from July 01, 2017, status: effective)

Pursuant to Clause 7, Article 3 of this circular: During business trips, if work requires extra time, officials and public employees will be added staying allowances, enjoyed night work pay and/ or overtime time pay in accordance with effective regulations of law. Heads of agencies and units shall specify in their internal spending regulations procedures for certification of overtime time as a basis for payment and business trips eligible for overtime pay, on the principle that payment may be made only in case such over time is required by a competent authority, not for cases in which officials, public employees or contractual employees on business trips concurrently settle their personal matters during days-off and not for travel time on ship, airplanes, cars and other means of transport.

Article 97 of the Labor Code stipulates the wages of civil servants and public employees for overtime work and night work.

Particularly, civil servants and public employees who are sent to go on work trips and perform overtime work on Sunday due to the requirement of the job (excluding the travel time on means of transport) shall enjoy the work-trip allowances as prescribed in circular 40/2017/TT-BTC and shall be paid a wage calculated based on the wage of his/her current work as at least equal to 200% on the weekly day off as prescribed in point c, clause 1, Article 97 of the Labor Code, or enjoy compensatory rest periods as prescribed in Clause 3, Article 4 of Decree No. 45/2013/NĐ-CP dated May 10th 2013 of the Government elaborating a number of articles of the labor code on hours of work, hours of rest, occupational safety and occupational hygiene

Lawyer Tran Van Toan

The Khanh Hung Law Office, Hanoi Bar Association