What is the minimum quantity of employees that is subject to registration of internal labor regulations in Vietnam?

Main Content

• Is it mandatory to consult the employee representative organization when the company revises the internal labor regulations?
• Will the company be penalized for revising the internal labor regulations without consulting the employee representative organization?
• What is the minimum quantity of employees that is subject to registration of internal labor regulations in Vietnam?

Is it mandatory to consult the employee representative organization when the company revises the internal labor regulations?

Pursuant to Article 118 of the 2019 Labor Code of Vietnam stipulating as follows:

Internal labor regulations

1. Every employer shall issue their own internal labor regulations. An employer that has at least 10 employees shall have written internal labor regulations.

2. The contents of the internal labor regulations shall not be contrary to labor laws or to relevant legal provisions. The internal labor regulations shall include the following key contents:

a) Working hours and rest periods;

b) Order at the workplace;

c) Occupational safety and health;

d) Actions against sexual harassment in the workplace;

dd) Protection of the assets and technological and business secrets and intellectual property of the employer;

e) Cases in which reassignment of employees are permitted;

g) Violations against labor regulations and disciplinary measures;

h) Material responsibility;

i) The person having the competence to take disciplinary measures.

3. Before issuing or revising the internal labor regulations, the employer shall consult the employee representative organization (if any).

4. Employees must be notified of the internal labor regulations, and the major contents must be displayed at the workplace where they are necessary.

5. The Government shall elaborate this Article.

Thus, before issuing or revising the internal labor regulations, the employer shall consult the employee representative organization.

What is the minimum quantity of employees that is subject to registration of internal labor regulations in Vietnam? (Image from the Internet)

Will the company be penalized for revising the internal labor regulations without consulting the employee representative organization?

Pursuant to Clause 2, Article 19 of Decree 12/2022/ND-CP of Vietnam stipulating as follows:

Violations against regulations on labour discipline and material responsibility

...

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for commission of one of the following violations:

a) Failing to apply written internal labour regulations when employing 10 employees or more;

b) Failing to follow procedures for registration of internal labour regulations as prescribed by law;

c) Failing to consult with the internal representative organization of employees (if any) before issuing or revising the internal labour regulations;

d) Applying the internal labour regulations which have not been yet in effect or have become null and void;

dd) Failing to follow processes, procedures and time limits set out in law when implementing disciplinary measures at work or paying compensation for damage;

e) Suspending employees from work for a duration exceeding the maximum suspension period prescribed by law;

g) Before suspending employees from work, failing to consult with the internal representative organization of employees to which the employee is a member.

In case of revising the internal labor regulations without consulting the representative organization of employees, a fine of between VND 5,000,000 and VND 10,000,000 will be imposed.

Note: This fine applies to individuals, in case of violations by organizations, the administrative fine is 2 times that of individuals.

What is the minimum quantity of employees that is subject to registration of internal labor regulations in Vietnam?

Pursuant to Article 119 of the 2019 Labor Code of Vietnam stipulating as follows:

Registration of internal labor regulations

1. An employer that has at least 10 employees shall register the internal labor regulations at the labor authority of the province where business registration is applied for.

2. Within 10 days from the date of issuance of the internal labor regulations, the employer must submit the application for registration of the internal labor regulations.

3. If any of the contents of the internal labor regulations is found contrary to the law, within 07 working days from the date of receipt of the application, the provincial labor authority shall notify and instruct the employer to revise it and re-submit the application.

4. An employer whose branches, units or business locations in different provinces shall send the registered internal labor regulations to the labor authority of those provinces.

5. The provincial labor authority may authorize a district-level labor authority to process an application for registration of internal labor regulations in accordance with this Article.

Thus, the company has at least 10 employees shall register the internal labor regulations at the labor authority of the province where business registration is applied for.