Readers' questions
Readers sent questions to the Ministry of Finance about the payment of working allowances and overtime for officers assigned to participate in the Interdisciplinary Team for Inspection and Control of Illegal Exploitation of Seafood (IUU).
Specifically, according to Circular 12/2025/TT-BTC dated March 19, 2025 amending and supplementing a number of articles of Circular 40/2017/TT-BTC, stipulated in Clause 7, Article 3 on payment for overtime wages during working days has been abolished. Therefore, readers ask the question: for branch staff assigned to work on Saturdays and Sundays at the Interdisciplinary Group, if they do not pay work fees but pay overtime, is it in accordance with the regulations?
response of the Ministry of Finance
The Ministry of Finance said that Circular 40/2017/TT-BTC and Circular 12/2025/TT-BTC only regulate the fee regime, conference payment regime of state agencies, public service units, political organizations, socio-political organizations and associations using state budget support funds. These documents do not guide the payment of overtime benefits.
Regarding the content of overtime payment, current laws have stipulated in the Labor Code and Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government on working conditions and labor relations.
Therefore, in case the officer is assigned to work outside of working hours (Saturday, Sunday), the unit needs to base on the provisions of the Labor Code, Decree 145/2020/ND-CP and related legal documents to decide on the payment of overtime, ensuring compliance with regulations and suitability to reality.
