Can Pregnant Employees Work Night Shifts in Vietnam?

Oct 27, 2026

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Can Employers Assign Pregnant Employees or Employees Nursing Young Children to Night Work in Vietnam?

Pregnant employees and employees nursing young children are subject to special protection under Vietnamese labor law. In particular, employers must be careful when assigning them to night work, overtime work, or long-distance business trips.

This article explains when night work is restricted, how night work is defined, and what employers should note when arranging work schedules and calculating wages.

Table of Contents

What is considered night work?

Under Article 105 of the 2019 Labor Code of Vietnam, night working hours are counted from 10:00 p.m. to 6:00 a.m. of the following day.

This means that if an employee works during this period, whether for the entire shift or only part of it, the relevant working time may be treated as night work.

The Labor Code also provides that normal working hours must not exceed 8 hours per day and 48 hours per week, unless otherwise permitted by law.

For employees working at night, Article 109 of the 2019 Labor Code requires a rest break of at least 45 consecutive minutes.

Are employees paid extra for night work?

Yes. Under Article 98 of the 2019 Labor Code of Vietnam, employees who work at night must be paid an additional amount.

Specifically, an employee working at night must receive at least 30% extra pay, calculated based on the wage unit price or the actual wage paid for the work performed during a normal working day.

In other words, in addition to the wage for the actual working time, the employee is entitled to a statutory night work premium.

How night work pay is generally understood

For employees paid by time, night work pay is generally calculated based on the actual hourly wage of a normal working day, plus at least 30% of that hourly wage for the hours worked at night.

The actual hourly wage used for this purpose generally excludes:

Overtime pay;
Additional pay for night work;
Wages for public holidays, New Year holidays, and paid leave days;
Bonuses;
Allowances and other support payments that are not used as the calculation basis under the relevant regulations.

For employees paid by product, the night work premium is generally calculated based on the product wage unit price of a normal working day, plus at least 30% of that unit price for the products made at night.

What if employees work overtime at night?

If an employee works overtime at night, the employer must pay not only overtime wages and night work wages, but also an additional amount required by law.

Under Article 98 of the 2019 Labor Code, an employee who works overtime at night is entitled to an additional 20% calculated based on the wage unit price or the wage for the daytime work of a normal working day, weekly rest day, public holiday, or New Year holiday, depending on the case.

Therefore, employers should clearly distinguish between:

Night work during normal working hours;
Overtime work at night;
Overtime at night on a weekly rest day;
Overtime at night on a public holiday or New Year holiday.

Correct classification is important for payroll accuracy and for avoiding wage disputes.

Can employers assign pregnant employees to night work?

Under Clause 1, Article 137 of the 2019 Labor Code of Vietnam, an employer must not require an employee to work at night, work overtime, or go on a long-distance business trip in the following cases:

The employee is pregnant from the 7th month of pregnancy;
The employee is pregnant from the 6th month of pregnancy if working in a highland, remote, border, or island area;
The employee is nursing a child under 12 months old, unless the employee agrees.

Accordingly, an employer must not assign a pregnant employee from the 7th month of pregnancy to night work. If the employee works in a highland, remote, border, or island area, the restriction applies earlier, from the 6th month of pregnancy.

This rule is part of Vietnam’s maternity protection framework and is intended to protect the health of employees during pregnancy.

What if the employee is less than 7 months pregnant?

The Labor Code imposes the above restriction once the employee reaches the relevant pregnancy stage.

Therefore, if an employee is less than 7 months pregnant, or less than 6 months pregnant in the case of work in a highland, remote, border, or island area, Vietnamese law does not impose an absolute ban on night work solely on that basis.

However, employers should still consider:

The employee’s health condition;
The nature and intensity of the work;
Workplace safety conditions;
Any medical recommendation or health-related request from the employee.

Even where night work is not strictly prohibited, employers should arrange work in a safe and appropriate manner.

Can employees nursing a child under 12 months work at night?

For employees nursing a child under 12 months old, the law provides a more flexible rule.

An employer must not require such an employee to work at night, work overtime, or go on a long-distance business trip unless the employee agrees.

This means the employer may assign night work only with the employee’s consent.

For compliance purposes, the consent should be clearly recorded, such as in writing, by email, through an HR system, or another form that can be retained as evidence. Employers should avoid relying only on verbal consent.

Practical notes for employers

When arranging night shifts, especially for pregnant employees or employees nursing young children, employers should:

Check whether the working hours fall within the statutory night work period;
Avoid assigning pregnant employees from the 7th month to night work;
Apply the earlier 6th-month restriction for employees working in highland, remote, border, or island areas;
Assign employees nursing a child under 12 months to night work only with their consent;
Ensure at least 45 consecutive minutes of rest break for night work;
Correctly calculate night work pay and overtime pay, where applicable;
Keep work schedules, timesheets, consent records, and payroll documents.

Legal basis

Article 98 of the 2019 Labor Code of Vietnam on overtime pay and night work pay;
Article 105 of the 2019 Labor Code of Vietnam on night working hours;
Article 109 of the 2019 Labor Code of Vietnam on rest breaks during working hours;
Article 137 of the 2019 Labor Code of Vietnam on maternity protection.

Conclusion

Employers in Vietnam must not assign pregnant employees from the 7th month of pregnancy to night work, overtime work, or long-distance business trips. For employees working in highland, remote, border, or island areas, this restriction applies from the 6th month of pregnancy.

For employees nursing a child under 12 months old, night work is only allowed if the employee agrees.

In all cases, employers should ensure proper rest breaks, accurate wage calculation, and clear records to comply with the 2019 Labor Code and reduce HR compliance risks.

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