Teachers in Vietnam earn overtime pay at 150% of their regular hourly rate for extra teaching hours, capped at 200 hours per school year under Circular 21/2025/TT-BGDDT effective September 2025. For work on public holidays, teachers receive 300% of their standard rate. The calculation formula: Normal hourly rate = Monthly salary ÷ (Working days × 8 hours), then multiply by the applicable rate (150%/200%/300%) and overtime hours worked.
Vietnam’s Labor Code 2019 protects all employees—including foreign English teachers—with clear overtime compensation rules under Article 98. Weekend work pays 200% of your regular rate, while public holiday work commands 300%. Standard working hours are 8 hours per day or 48 hours per week, with a monthly overtime cap of 40 hours and an annual limit of 200 hours for most workers. Teachers have specific regulations: no more than 200 teaching periods of overtime per school year, calculated after your standard teaching load.
This guide provides verified calculation methods, real examples using actual teacher salaries ($1,200-$2,000/month range), and explains how Vietnam’s 11 paid public holidays in 2025 affect your compensation. Whether you’re working at a language center, public school, or international institution, understanding these entitlements ensures you receive fair payment for every hour worked.
How Does Vietnamese Law Define Overtime for Teachers?
Overtime is any work performed beyond 8 hours per day or 48 hours per week, as defined by Article 107 of the Labor Code 2019. For teachers specifically, overtime means teaching hours exceeding your standard teaching load—typically 15-23 periods per week for secondary teachers or 210-350 hours per year for university lecturers—regardless of whether you exceed the 48-hour weekly threshold.
When Does Overtime Start for Teachers?
For salaried teachers with fixed schedules, overtime begins when you exceed 48 hours per week of total working time (teaching + preparation + administrative duties). However, Circular 21/2025/TT-BGDDT introduces teacher-specific overtime that applies when you exceed your standard teaching hour allocation, even if your total working time remains under 48 hours weekly.
Example: A language center teacher with a contract for 20 teaching hours per week teaches 25 hours in one week. Those 5 extra teaching hours qualify as overtime under teacher-specific regulations, compensated at 150% of the per-hour teaching rate, even though total working time may not exceed 48 hours.
What Teaching Activities Count as Overtime?
Only direct teaching hours count toward the 200-hour overtime cap for teachers under Circular 21/2025. Preparation time, grading, meetings, and administrative work are part of your regular duties unless explicitly stated otherwise in your employment contract. Overtime teaching hours specifically include:
- Classroom instruction beyond your standard allocation
- Direct teaching time (not preparation or planning)
- Scheduled teaching periods with students present
- Substitute teaching for absent colleagues (if exceeding your norm)
Activities like professional development, parent meetings, or curriculum planning do NOT count toward overtime teaching hours, though they contribute to your total weekly working time for general overtime calculations under the Labor Code.
Discover Related Guides: Vietnam Labor Code for Foreign Teachers: Essential Guide 2025
What Are the Overtime Pay Rates in Vietnam for 2025?
Vietnamese law mandates minimum overtime rates: 150% for weekday overtime, 200% for weekend work, and 300% for public holidays, as specified in Article 98 of the Labor Code 2019 and Decree 145/2020/ND-CP. These rates apply to teachers at all institution types—public schools, private language centers, and international schools—with no exceptions permitted below these minimums.
What Is the Complete Overtime Rate Structure?
| When You Work Overtime | Minimum Pay Rate | Calculation Example (20,000 VND/hour) |
|---|---|---|
| Weekday (Monday-Friday, regular hours) | 150% of hourly rate | 20,000 × 1.5 = 30,000 VND/hour |
| Weekend (Saturday-Sunday, rest days) | 200% of hourly rate | 20,000 × 2.0 = 40,000 VND/hour |
| Public Holiday (11 national holidays) | 300% of hourly rate | 20,000 × 3.0 = 60,000 VND/hour |
| Night Shift (10pm-6am, weekday) | 150% + 30% = 180% | 20,000 × 1.8 = 36,000 VND/hour |
| Night Shift Weekend | 200% + 30% = 230% | 20,000 × 2.3 = 46,000 VND/hour |
| Night Shift Holiday | 300% + 30% = 330% | 20,000 × 3.3 = 66,000 VND/hour |
Night shift work (defined as 10:00 PM to 6:00 AM under Labor Code Article 98, Clause 2) receives an additional 30% premium on top of the base rate, plus another 20% if the night work qualifies as overtime per Clause 3. For example, teaching an evening class that runs past 10 PM on a Saturday would command 200% (weekend rate) + 30% (night premium) = 230% of your standard hourly rate.
What Are Teacher-Specific Overtime Rates Under Circular 21/2025?
Teachers in public educational institutions receive 150% of their regular per-period rate for overtime teaching, calculated using this formula from Circular 21/2025/TT-BGDDT Article 3:
Salary for 1 extra teaching period = Salary for 1 regular teaching period × 150%
This means if your regular teaching period pays 50,000 VND, overtime teaching periods pay 75,000 VND each. The monthly salary used for calculations includes your salary coefficient, leadership position allowances (if applicable), and reserve difference coefficients, but excludes bonuses and one-time payments.
Can Employers Pay Less Than These Rates?
No. These are mandatory minimum rates under Vietnamese law per Article 98 of the Labor Code 2019. Employers cannot negotiate lower overtime rates, even with employee consent. Vietnam’s Labor Code protects foreign teachers with the same standards as Vietnamese workers, making any contract clause offering less than these rates legally unenforceable under Article 5.
Some language centers may offer higher rates (180-200% for weekdays, for example) as competitive benefits, but they cannot go below the legal minimums. Always verify your contract specifies at minimum: 150% weekday, 200% weekend, and 300% public holiday overtime compensation.
Explore More Content: Fixed-Term vs Indefinite Contracts: Which is Better For Teachers in Vietnam
How Do I Calculate My Hourly Rate for Overtime Pay?
Calculate your normal hourly rate using this formula: Monthly salary ÷ (Working days in month × 8 hours per day). For teachers, you may need a different calculation if you’re paid per teaching period rather than monthly salary. Vietnam uses a standard 26 working days per month for calculation purposes in most employment contracts.
What Is the Step-by-Step Calculation Method for Monthly Salaried Teachers?
For Monthly Salaried Teachers:
- Identify your monthly base salary (exclude bonuses, reimbursements, one-time payments)
- Count working days: Most contracts use 26 days/month standard
- Calculate hours: 26 days × 8 hours = 208 hours per month
- Compute hourly rate: Monthly salary ÷ 208 hours = Hourly rate
Real Example – Language Center Teacher:
- Monthly salary: $1,500 USD (37,500,000 VND at 25,000 VND/$1 exchange rate)
- Working days: 26 days
- Total monthly hours: 26 × 8 = 208 hours
- Hourly rate: 37,500,000 ÷ 208 = 180,288 VND/hour
Overtime rates for this teacher:
- Weekday overtime: 180,288 × 1.5 = 270,432 VND/hour
- Weekend overtime: 180,288 × 2.0 = 360,576 VND/hour
- Public holiday work: 180,288 × 3.0 = 540,864 VND/hour
How Do Teachers Paid Per Teaching Period Calculate Overtime?
If you’re paid per period rather than monthly salary, calculate your overtime rate differently using Circular 21/2025 methodology:
Salary per teaching period = (Total annual salary ÷ Standard teaching periods per year) × 150%
Real Example – Public School Teacher:
- Annual salary: 200,000,000 VND
- Standard teaching load: 800 periods/year (approximately 20 periods/week × 40 weeks)
- Regular period rate: 200,000,000 ÷ 800 = 250,000 VND/period
- Overtime period rate: 250,000 × 1.5 = 375,000 VND/period
This teacher earns 375,000 VND for each teaching period beyond their standard 800-period annual allocation, up to a maximum of 200 overtime periods per school year (cumulative 75,000,000 VND potential overtime earnings).
What If My Contract Shows Different Working Hour Numbers?
If your employment contract specifies a different working hour calculation—such as 22 days/month or specific hours/week—use those contract numbers for your hourly rate calculation. However, the resulting rate must still meet Vietnam’s minimum wage requirements for your region per Decree 74/2024/ND-CP effective July 1, 2024:
- Region I (Hanoi, Ho Chi Minh City, Hai Phong, Da Nang): 4,960,000 VND/month
- Region II (Urban areas): 4,410,000 VND/month
- Region III (Smaller cities): 3,860,000 VND/month
- Region IV (Rural areas): 3,450,000 VND/month
Your hourly rate calculation must result in monthly compensation exceeding your region’s minimum wage, or your employer violates Vietnamese labor law under Article 91 of the Labor Code 2019.
What Are the Legal Limits on Overtime Hours in Vietnam?
Vietnamese law caps overtime at 40 hours per month and 200 hours per year for most employees, per Article 107 of the Labor Code 2019. Teachers have an additional specific limit: 200 teaching periods maximum per school year under Circular 21/2025. Both limits apply—you cannot exceed the general labor law caps even if you haven’t reached your teaching overtime limit.
What Are the Monthly and Annual Overtime Caps?
General workers (including administrative staff at schools):
- Maximum: 40 hours/month
- Maximum: 200 hours/year
- Exception: Certain industries can extend to 300 hours/year with provincial DOLISA approval per Article 107, Clause 4
Teachers specifically:
- Maximum: 200 teaching periods per school year (Circular 21/2025)
- Counted separately: Teaching overtime vs. non-teaching overtime
- No extension: The 200-hour cap is absolute for teaching activities
Critical distinction: If you teach 150 overtime periods but also perform 60 hours of administrative overtime in the same school year, you’ve worked 210 total overtime hours. This could exceed annual limits even though your teaching overtime (150 periods) remains within the 200-period teacher-specific cap.
What Happens If I Exceed These Limits?
Employers face penalties of 1-3% of total monthly payroll for forcing overtime beyond legal limits, according to Decree 12/2022/ND-CP Article 17. More importantly, exceeding overtime caps violates your employment contract and labor law, giving you grounds to:
- Refuse additional overtime without penalty
- File a complaint with local DOLISA
- Terminate your contract with severance (if egregious violations)
If your school or language center regularly demands overtime beyond these caps, document every instance with timesheets, emails, or messages. Foreign teachers have the same legal protections as Vietnamese workers per Article 3 of the Labor Code; your contract type doesn’t change these fundamental rights.
Can I Waive My Right to Overtime Limits?
No. You cannot legally waive your right to overtime hour caps, even with written consent. These are mandatory protective limits under Vietnamese law per Article 107. Any contract clause stating “employee agrees to unlimited overtime” or similar language is void and unenforceable under Article 13 of the Labor Code 2019.
Some international schools or specialized language programs may request overtime beyond caps for “emergency situations.” While Article 108 allows limited exceptions for urgent work preventing serious damage, teaching additional English classes does NOT qualify as an emergency. Routine understaffing is not a legal justification for exceeding overtime limits.
What Are Public Holidays in Vietnam for 2025?
Vietnam provides 11 paid public holidays annually, as announced by the Ministry of Labor, Invalids and Social Affairs (MOLISA) in Announcement No. 6150/TB-BLĐTBXH dated December 3, 2024. Foreign teachers receive these holidays with full pay, plus an additional day for your home country’s national day under Article 112 of the Labor Code.
What Is the Complete 2025 Public Holiday Schedule?
| Holiday | 2025 Dates | Total Days Off | Notes |
|---|---|---|---|
| New Year’s Day | January 1 (Wednesday) | 1 day | Gregorian calendar new year |
| Tet Holiday (Lunar New Year) | January 28 – February 2 | 9 days | 5 official days + 4 weekend days |
| Hung Kings’ Day | April 7 (Monday) | 1 day | May combine with weekend |
| Reunification Day + Labor Day | April 30 – May 4 | 5 days | Combined holiday period |
| National Independence Day | August 30 – September 2 | 4 days | Independence from France (1945) |
Total: 11 official paid holidays according to Article 112, Labor Code 2019
Additional entitlements for foreign teachers:
- 1 extra day for your country’s national day (e.g., July 4 for Americans, July 14 for French)
- This foreign national day entitlement is stipulated in Article 115 of the Labor Code 2019
How Are Public Holidays Paid?
All employees receive full regular pay for public holidays, regardless of whether they work those days per Article 112. This means your monthly salary already includes compensation for holidays. If your employer deducts pay for public holidays when you don’t work, they violate Vietnamese labor law.
If you DO work on a public holiday:
- You keep your regular daily pay (already included in monthly salary)
- Plus: You earn 300% of your regular hourly rate for hours actually worked per Article 98
- Total compensation: Effectively 400% of normal daily rate (100% base + 300% overtime)
Example – Working Tet Holiday:
- Teacher’s hourly rate: 200,000 VND
- Works 4 hours on January 29, 2025 (Lunar New Year Day)
- Holiday overtime earned: 200,000 × 3.0 × 4 hours = 2,400,000 VND
- Regular daily pay: Already in monthly salary (not deducted for holiday)
- Total extra compensation: 2,400,000 VND for 4 hours of work
What If a Public Holiday Falls on My Day Off?
You receive a compensatory day off on the next working day if a public holiday coincides with your regular day off (usually Saturday or Sunday for 5-day-week workers), per Article 113 of the Labor Code. Your employer cannot ignore this—you must get either the time off or additional pay equivalent to a holiday.
2025 examples:
- If your center operates Saturday-Sunday and a holiday falls on your scheduled work day, you get the next working day as compensatory paid leave
- Schools and language centers cannot force you to work your compensatory day without paying public holiday overtime rates (300%)
The compensatory day carries the same legal protection as the original holiday under Article 113.
How Do I Calculate My Overtime Pay Step-by-Step?
Follow this three-step process: (1) Calculate your normal hourly rate, (2) Determine which overtime rate applies (150%, 200%, or 300%), (3) Multiply rate × overtime hours × applicable percentage. Use your gross monthly salary before deductions for the most accurate calculation.
Example 1: How Do I Calculate Weekday Overtime Pay?
Scenario: You teach 5 extra hours on Wednesday evening after completing your standard 20-hour weekly schedule.
Step 1 – Calculate hourly rate:
- Monthly salary: $1,400 USD (35,000,000 VND)
- Working days: 26 days
- Daily hours: 8 hours
- Monthly hours: 26 × 8 = 208 hours
- Hourly rate: 35,000,000 ÷ 208 = 168,269 VND/hour
Step 2 – Determine rate:
- Weekday overtime: 150%
Step 3 – Calculate overtime pay:
- 168,269 × 1.5 × 5 hours = 1,262,018 VND
- Approximately $50.48 USD for 5 hours of extra teaching
Your total compensation that week: Regular salary + 1,262,018 VND overtime
Example 2: How Do I Calculate Weekend Overtime Pay?
Scenario: Your school requests you teach a Saturday test preparation class, 3 hours duration.
Step 1 – Calculate hourly rate:
- Monthly salary: 30,000,000 VND
- Working days: 22 days (5-day week contract)
- Daily hours: 8 hours
- Monthly hours: 22 × 8 = 176 hours
- Hourly rate: 30,000,000 ÷ 176 = 170,455 VND/hour
Step 2 – Determine rate:
- Weekend work: 200%
Step 3 – Calculate overtime pay:
- 170,455 × 2.0 × 3 hours = 1,022,730 VND
- Approximately $40.91 USD for 3 hours
Important: This assumes your contract defines Saturday as a rest day. If your standard schedule includes Saturday as a regular working day, this would be weekday overtime at 150% instead.
Example 3: How Do I Calculate Public Holiday Overtime Pay?
Scenario: You agree to supervise students during a special Tet holiday program on January 29, 2025, working 6 hours.
Step 1 – Calculate hourly rate:
- Monthly salary: $2,200 USD (55,000,000 VND)
- Working days: 22 days
- Daily hours: 8 hours
- Monthly hours: 22 × 8 = 176 hours
- Hourly rate: 55,000,000 ÷ 176 = 312,500 VND/hour
Step 2 – Determine rate:
- Public holiday: 300%
Step 3 – Calculate overtime pay:
- 312,500 × 3.0 × 6 hours = 5,625,000 VND
- Approximately $225 USD for 6 hours of holiday work
Plus: You still receive your full regular daily pay for January 29 (already included in monthly salary), making effective total compensation approximately 400% of normal daily rate for that day.
Example 4: How Do I Calculate Night Shift Overtime Pay?
Scenario: You teach evening conversation classes 10:00 PM to 12:00 AM (2 hours) on Thursday night, exceeding your weekly hour allocation.
Step 1 – Calculate hourly rate:
- Monthly salary: 32,000,000 VND
- Working days: 26 days
- Daily hours: 8 hours
- Monthly hours: 26 × 8 = 208 hours
- Hourly rate: 32,000,000 ÷ 208 = 153,846 VND/hour
Step 2 – Determine rate:
- Weekday overtime: 150%
- Night shift (10 PM – 6 AM): +30%
- Total: 150% + 30% = 180%
Step 3 – Calculate overtime pay:
- 153,846 × 1.8 × 2 hours = 553,846 VND
- Approximately $22.15 USD for 2 hours of night overtime
Note: If those same 2 hours were on Saturday night, the rate would be 200% (weekend) + 30% (night) = 230%, earning you 707,692 VND (~$28.31 USD).
How Do Private Language Centers Handle Overtime Pay?
Private language centers must follow the same minimum overtime rates (150%/200%/300%) as all Vietnamese employers under the Labor Code 2019, with no legal exceptions per Article 98. However, actual implementation varies significantly between reputable centers and smaller operations, particularly regarding what counts as “working hours” versus “teaching hours.”
What Are Common Language Center Overtime Practices?
Reputable international chains (ILA, Apollo, British Council, Language Link):
- Clear contracts: Specify exactly what hours count as overtime
- Monthly vs. hourly: Some pay monthly salary with overtime beyond contracted hours; others pay per teaching hour with higher rates for extra hours
- Rate transparency: Overtime rates explicitly stated in employment contract
- Paid preparation time: Often include 15-30 minutes paid prep per teaching hour
- Competitive premiums: Some offer 180-200% weekday overtime (above legal minimum)
Smaller independent centers (varying quality):
- Hourly payment only: Many pay only for face-to-face teaching time, treating preparation, administrative tasks, and meetings as unpaid
- “Guaranteed hours” contracts: Promise minimum hours but may not honor overtime rates for additional hours
- Ambiguous policies: Contract language like “other duties as assigned” used to avoid overtime classification
- Cash payments: Overtime paid in cash without proper payroll documentation (creates tax compliance risk)
What Questions Should I Ask Before Signing a Language Center Contract?
Before accepting any language center position, get written clarification on:
- “How are overtime hours calculated?” – Based on teaching hours only, or total working hours including prep?
- “What is my standard weekly hour allocation?” – Get specific number, not “approximately” or “varies”
- “What rate do you pay for hours exceeding my allocation?” – Must be minimum 150%/200%/300% for weekday/weekend/holiday
- “Do you pay preparation time?” – If yes, how much per teaching hour?
- “What happens if I teach fewer hours than contracted?” – Some centers deduct pay; others guarantee minimum
- “How often is overtime paid?” – Monthly with salary, or separately? Cash or bank transfer?
Red flags indicating potential overtime issues:
- “We’ll work it out as we go” – No clear policy
- “Overtime is rarely needed” – Often means understaffing
- “Teachers are expected to be flexible with hours” – Code for unpaid extra work
- “Your rate already includes everything” – May refuse separate overtime payment
- Cash-only payment proposals – Tax compliance concerns
Which Payment Structure Offers Better Overtime Protection: Hourly or Salaried?
Salaried teachers (monthly fixed salary):
- Advantage: Guaranteed income regardless of student enrollment fluctuations
- Advantage: Usually get paid preparation time and holidays
- Disadvantage: Must carefully track overtime hours to ensure proper additional compensation
- Best for: Teachers wanting stability and benefits
Hourly teachers (paid per teaching hour):
- Advantage: Clear rate per hour, easier to verify payment
- Advantage: Higher hourly rate often compensates for lack of benefits
- Disadvantage: Income varies with schedule; no paid holidays or preparation time typically
- Disadvantage: May not receive overtime premiums if base rate is already elevated
- Best for: Teachers wanting flexibility or working part-time
Legal protection is identical regardless of payment structure per Article 3 of the Labor Code 2019. Whether salaried or hourly, you must receive overtime premiums when exceeding standard working hours. Some centers try to argue that “hourly teachers don’t get overtime” — this is incorrect. If your total working hours exceed 48/week or 8/day, overtime rates apply even for hourly workers.
What Should I Do If My Employer Doesn’t Pay Correct Overtime?
First, document everything: save timesheets, emails, messages, and contracts showing your hours worked and payment received. Then follow Vietnam’s escalation process: (1) internal resolution with your employer, (2) complaint to local Department of Labor, Invalids and Social Affairs (DOLISA), (3) labor arbitration or court if needed.
What Is Step 1: Internal Resolution?
Prepare your case before approaching management:
- Calculate exactly what you’re owed: Use the formulas in this guide
- Gather evidence: Timesheets, teaching schedules, bank statements showing payment
- Reference specific laws: Cite Labor Code 2019 Article 98, 107; Decree 145/2020; Circular 21/2025 for teachers
- Write formally: Email or written letter is better than verbal conversation
- Propose solution: “I’ve calculated I’m owed [amount] for [hours] overtime in [period]. Can we arrange payment by [date]?”
Sample email template:
Subject: Overtime Payment Request – [Your Name] – [Period]
Dear [HR Manager/Director],
I am writing to respectfully request overtime payment for additional hours worked during [month/period]. According to my records:
– Total overtime hours worked: [X hours] – Applicable rate: [150%/200%/300%] per Labor Code 2019 Article 98 – Calculated amount owed: [X VND]
My employment contract dated [date] specifies [your standard hours]. The overtime hours are documented in [timesheets/schedules/system]. Under Article 98 of the Labor Code 2019, overtime work must be compensated at the specified rates.
I would appreciate clarification on when I can expect payment for these hours. Please let me know if you need any additional documentation.
Thank you for your attention to this matter.
Respectfully, [Your Name]
Most reputable institutions resolve overtime disputes at this stage. Give them 7-14 days to respond before escalating.
What Is Step 2: Filing a Complaint to DOLISA?
If internal resolution fails, file a formal complaint with your local Department of Labor, Invalids and Social Affairs:
Required documents:
- Employment contract (original or certified copy)
- Work records: Timesheets, schedules, attendance records
- Payment evidence: Bank statements showing salary payments
- Your calculation: Detailed breakdown of overtime hours and amounts owed
- Previous correspondence: Emails or letters to employer about the issue
- Passport and work permit copies
Where to file:
- Find your district’s DOLISA office (usually in district administrative center)
- Most major cities have English-speaking staff or translators
- No fee to file complaint per Decree 145/2020
- DOLISA typically schedules mediation session within 10-15 days
What DOLISA can do:
- Mediate between you and employer
- Inspect employer’s payroll records
- Fine employer for violations per Decree 12/2022 (1-3% of monthly payroll)
- Order payment of owed amounts
DOLISA cannot:
- Compensate you directly (payment comes from employer)
- Cancel your work permit (separate immigration issue)
- Guarantee immediate payment (depends on employer compliance)
What Is Step 3: Labor Arbitration or Court?
If DOLISA mediation fails, you can pursue formal arbitration or labor court:
Labor Arbitration Council (faster, less formal):
- Voluntary participation by both parties
- Free process
- Decision within 30-45 days
- Binding if both parties agree in advance
Labor Court (formal legal process):
- Can be initiated unilaterally
- Court fees apply (usually modest, 1-3% of claim amount)
- Longer process: 3-6 months typically
- Legally binding decision enforceable by court order per Civil Procedure Code
- May require lawyer (optional but recommended)
Foreign teacher considerations:
- Visa implications: Labor disputes don’t automatically affect your work permit, but contract termination might
- Legal representation: Several law firms in Hanoi/HCMC specialize in labor law and work with expats
- Time commitment: Court process may extend beyond your contract period
- Enforcement: If you win but leave Vietnam, collecting payment becomes difficult
Can I Be Fired for Requesting Overtime Pay?
No. Terminating an employee for asserting legal rights (including overtime payment) constitutes illegal dismissal under Article 125 of the Labor Code 2019. You would be entitled to:
- Reinstatement to your position, or
- Severance payment equal to 2 months’ salary per year worked
- Plus unpaid overtime amounts
- Plus unpaid leave days and other benefits
Retaliation protections: Your employer cannot reduce your hours, change your schedule punitively, deny promotions, or create hostile work environment in response to overtime requests per Article 125. Such actions constitute illegal retaliation.
Practical reality: Some smaller language centers may not renew contracts rather than fire you directly. While legally questionable if connected to your overtime claim, proving causation is difficult. Document any retaliatory behavior immediately and consult with DOLISA or a labor lawyer.
Frequently Asked Questions About Overtime and Holiday Pay
Do Part-Time Teachers Get Overtime Pay?
Yes. Part-time teachers receive overtime pay at the same rates (150%/200%/300%) when working beyond their contracted hours or exceeding 8 hours per day / 48 hours per week per Article 107. Your part-time status doesn’t eliminate overtime protections—it only changes when overtime begins.
Example: A part-time teacher contracted for 15 hours per week teaches 20 hours in one week. If those 5 extra hours keep you under 48 hours total weekly working time, you may not be entitled to Labor Code overtime rates. However, if your contract specifies overtime payment for hours beyond 15/week, that contractual rate applies. Once you exceed 48 hours per week, full Labor Code overtime rates kick in regardless of your part-time contract terms.
Can I Refuse to Work Overtime?
Yes. Overtime requires your written consent under Article 107, Clause 2 of the Labor Code 2019. Employers cannot force overtime work without your agreement, except in very limited “emergency” circumstances defined in Article 108 (natural disasters, equipment failure risking serious damage—not routine understaffing).
Refusing unreasonable overtime requests is your legal right. However, “unreasonable” depends on context:
- Reasonable requests: Occasional overtime with proper notice (1-2 weeks), paid at correct rates, within legal limits
- Unreasonable requests: Regular overtime exceeding caps, last-minute demands, unpaid or underpaid overtime, forced weekend/holiday work
Best practice: Address overtime expectations during contract negotiation. If a position regularly requires overtime, ensure the contract specifies the expected frequency, rates, and your right to refuse requests exceeding certain thresholds.
What If My Contract Says “No Overtime Pay”?
Any contract clause contradicting Labor Code overtime requirements is void and unenforceable under Article 5 and Article 13 of the Labor Code 2019. Vietnam’s labor law cannot be waived by contract—even if you signed agreeing to “no overtime compensation,” you still legally qualify for overtime pay when working extra hours.
However, verify your contract carefully: Some contracts use high base salaries that theoretically compensate for occasional overtime in advance. For example, an international school paying $4,000/month for “approximately 40 hours/week” might claim the rate already includes overtime compensation. This is legal ONLY if:
- Your actual average hours remain at or below 48/week over the long term
- The salary meets or exceeds what you’d earn with standard rate + overtime premiums
- Contract explicitly states this arrangement
If you regularly work 55+ hours weekly, the “salary includes overtime” argument fails—you’re entitled to separate overtime payment for hours exceeding legal maximums per Article 107.
How Are Public Holidays Paid for Hourly Teachers?
Hourly teachers receive public holiday pay based on their average daily hours worked, not zero pay for days not worked per Article 112. Under this provision, all employees—including those paid hourly—must receive “full pay” for public holidays.
Calculation method:
- Determine average daily pay: Total earnings previous month ÷ working days
- Apply to holiday: You receive that average amount for each public holiday, even if you don’t work
Example: Hourly teacher earning 400,000 VND per teaching hour, averaging 20 hours per week (4 hours per day, 5 days):
- Weekly earnings: 400,000 × 20 = 8,000,000 VND/week
- Daily average: 8,000,000 ÷ 5 = 1,600,000 VND/day
- For each public holiday: 1,600,000 VND paid (approximately 4 hours × 400,000)
If you work during the holiday, you earn:
- Your average daily pay (1,600,000 VND) [regular holiday pay]
- Plus: Overtime premium 300% × actual hours worked at your regular rate
What Happens During School Holidays Like Summer Break or Tet Break?
Your treatment during school holidays depends entirely on your contract type:
Full-time salaried teachers with 12-month contracts:
- Continue receiving full monthly salary during summer and Tet breaks
- May be required to attend professional development, planning, or administrative work
- Cannot be forced to teach if school is closed without additional pay per contract terms
Teachers with academic-year contracts (September-June):
- No salary during summer break unless contract explicitly guarantees 12-month payment
- Tet holiday payment: If break falls during active contract period, you receive holiday pay under Article 112
- May need to find temporary work during extended breaks
Part-time and hourly teachers:
- No guaranteed payment when not teaching during school breaks
- Some centers offer “retainer” payment (50-70% of normal rate) to keep teachers during low-enrollment periods
- Negotiate before signing: Get written confirmation of break period compensation policy
Important for foreign teachers: Summer break without salary may affect your visa status if income falls below requirements. Plan financially and verify your visa conditions permit unpaid periods or require consistent employment per immigration regulations.
Can My Employer Pay Overtime in “Time Off in Lieu” Instead of Money?
Only with your agreement and following strict conditions per Article 107, Clause 4. The Labor Code 2019 allows “compensatory leave” for overtime only if:
- You explicitly agree in writing to take time off instead of payment
- You take the leave within the same pay period or following period (usually within 1-3 months)
- Time off equals overtime hours PLUS the premium: For 150% overtime, you get 1.5 days off per 8 hours worked; for 200%, you get 2 days off per 8 hours, etc.
- You receive payment for any difference: If the time off doesn’t fully compensate the premium difference, you get cash for the remainder
Example: You work 8 hours overtime on Saturday (200% rate = 16 “equivalent hours” owed). Your employer offers 1 day off (8 hours). You must receive cash payment for the remaining 8 hours at your regular rate.
Practical issue: Many language centers offer only “hour-for-hour” time off, which violates the premium requirement. If you work 8 overtime hours and only get 8 hours time off, you’re owed payment for the unpaid premium portion (50-200% depending on when overtime occurred).
Vietnamese labor law protects all teachers—foreign and local—with clear overtime rates of 150% weekday, 200% weekend, and 300% public holidays under Article 98 of the Labor Code 2019, plus 11 fully paid public holidays annually per Article 112. Teachers specifically face a 200-hour annual overtime cap for teaching activities under Circular 21/2025/TT-BGDDT, calculated at 150% of their per-period rate.
Your overtime entitlements are not negotiable—they’re mandatory minimum legal standards that cannot be waived by contract per Article 5 and Article 13. Calculate your hourly rate using the formula Monthly salary ÷ (Working days × 8 hours), then multiply by the applicable percentage (150%/200%/300%) and hours worked. Keep detailed records of all teaching hours, request written overtime agreements from employers, and don’t hesitate to escalate disputes to DOLISA if internal resolution fails.
Understanding these calculations empowers you to verify every paycheck and ensures your language center, school, or institution compensates you fairly for every hour of teaching. Whether you’re negotiating a new contract or reviewing current payment, these legal frameworks protect your financial rights throughout your teaching career in Vietnam.
Discover More Employment Rights Topics
Stay informed about your rights as a foreign teacher in Vietnam. Visit our Employment Rights & Contracts category for expert guides on labor law, contract negotiations, severance pay, social insurance, and workplace protections specifically for English teachers and education professionals.
