When is the deadline for submitting the employment report for the last 6 months of the year in Vietnam? How much is the union fee applicable to employees who are members of a social organization in Vietnam?

When is the deadline for submitting the employment report for the last 6 months of the year in Vietnam?

Pursuant to Clauses 2 and 4, Article 4 of Decree 145/2020/ND-CP, as amended by Clause 1, Article 73 of Decree 35/2022/ND-CP and supplemented by Clause 1, Article 49 of Decree 10/2024/ND-CP, the regulations are as follows:

Employment Report

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2. Periodically, every 6 months (before June 5) and annually (before December 5), employers must report changes in employment status to the Department of Labor - Invalids and Social Affairs through the National Public Service Portal using Form No. 01/PLI, Appendix I issued with this Decree and notify the district-level social insurance agency where the headquarters, branch, or representative office is located. If the employer cannot report changes in employment status through the National Public Service Portal, they must submit a paper report using Form No. 01/PLI, Appendix I issued with this Decree to the Department of Labor - Invalids and Social Affairs and notify the district-level social insurance agency where the headquarters, branch, or representative office is located. For labor working in industrial parks or economic zones, employers must report changes in employment status to the Department of Labor - Invalids and Social Affairs, the district-level social insurance agency where the headquarters, branch, or representative office is located, and the management board of the industrial park or economic zone for monitoring.

The Department of Labor - Invalids and Social Affairs is responsible for compiling information on changes in labor in cases where the employer submits paper reports to fully update the information as per Form No. 02/PLI, Appendix I issued with this Decree."

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Therefore, according to the above regulations, the submission deadline for the employment report for the last 6 months of the year, if submitted directly, is at the latest by December 5.

When is the deadline for submitting the employment report for the last 6 months of the year in Vietnam? How much is the union fee applicable to employees who are members of a social organization in Vietnam? (Image from the Internet)

What is the fine for enterprises for late submission of employment report for the last 6 months of the year in Vietnam?

According to Article 8 of Decree 12/2022/ND-CP, the specific fines for enterprises for late submission of the employment report include:

- A fine ranging from VND 1,000,000 to VND 3,000,000 for employers committing one of the following acts:

+ Failure to declare employment utilization as prescribed;

+ Collecting money from employees participating in labor recruitment;

+ Failure to record or enter complete information about employees into the labor management book from the day the employee starts working;

+ Failure to present the labor management book when requested by a competent state management agency.

- A fine ranging from VND 5,000,000 to VND 10,000,000 for employers committing one of the following acts:

+ Discrimination in labor, except for discriminatory acts specified in point d, clause 1, Article 13, clause 2, Article 23, clause 1, Article 36, and clause 2, Article 37 of this Decree;

+ Employing untrained labor or labor without a national vocational skill certificate for jobs requiring trained employees or those with such certificates;

+ Failure to report changes in employment status as prescribed;

+ Failure to establish a labor management book or establishing it not on time or without complying with the basic contents as required by law.

- A fine ranging from VND 50,000,000 to VND 75,000,000 for actions such as luring, enticing, promising, false advertising, or other deceptions to defraud employees or recruit them with the intent to exploit or force labor, not reaching the criminal liability level.

Note: According to Clause 1, Article 6 of Decree 12/2022/ND-CP, the above fines are for individuals. The fines for organizations will be double those imposed on individuals.

How much is the union fee applicable to employees who are members of a social organization in Vietnam?

Pursuant to Clause 1, Article 23 of Decision 1908/QD-TLD in 2016, the specific regulations on subjects, rates, and the basis salary for calculating union fees are as follows:

Subjects, Rates, and Salary Basis for Calculating Union Fees

1. Union members at grassroots trade unions of state agencies; political organizations, socio-political organizations, socio-political-professional organizations, socio-economic organizations, professional socio-economic organizations; units belonging to the people's armed forces; public service providers receiving salary according to State-regulated pay scales and ranks: the monthly union fee is 1% of the salary that is the basis for social insurance contributions according to the law on Social Insurance.

The salary used as the basis for social insurance contributions includes ranked salary, positional salary, salary according to labor contracts, working contracts, and allowances for positions, exceeding seniority, and career seniority. When the salary used as the basis for social insurance contributions changes, the salary used as the basis for union fees also changes according to the law on Social Insurance.

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Thus, according to the above regulation, union members in social organizations have a monthly union fee rate of 1% of the salary that serves as the basis for social insurance contributions.