Vietnam: Are enterprises required to issue internal labor regulations? What are the contents that must be included in the internal labor regulations?
Are enterprises required to issue internal labor regulations in Vietnam?
Pursuant to Clause 1, Article 118 of the 2019 Labor Code of Vietnam stipulating as follows:
Internal labor regulations in Vietnam
1. Every employer shall issue their own internal labor regulations. An employer that has at least 10 employees shall have written internal labor regulations.
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Specifically, Clause 1, Article 69 of Decree 145/2020/ND-CP guides the above provisions as follows:
Internal labor regulations in Vietnam
Internal labor regulations prescribed in Article 118 of the Labor Code are elaborated as follows:
1. Every employer shall issue their own internal labor regulations. An employer that has at least 10 employees shall have written internal labor regulations. Written regulations are not required if the employer has fewer than 10 employees but labor discipline and material responsibility must be included in the contents of the employment contracts.
Thus, enterprises are required to issue internal labor regulations, if employing at least 10 employees, the labor regulations must be in writing.
In addition, written regulations are not required if the employer has fewer than 10 employees but labor discipline and material responsibility must be included in the contents of the employment contracts.
Vietnam: Are enterprises required to issue internal labor regulations? What are the contents that must be included in the labor regulations?
What are the contents that must be included in the labor regulations in Vietnam?
Pursuant to Clause 2, Article 69 of Decree 145/2020/ND-CP specifying this content as follows:
The labor regulations must not contradict labor laws and relevant laws.
Primary contents of labor regulations include:
- Specific working hours, rest periods in 01 day, 01 week; work shifts; beginning and ending time of shifts; overtime work (if any); special cases of overtime work; extra rest breaks; breaks between shifts; weekly days off; annual leave, personal leave, unpaid leave;
- Workplace order; work area, movement during working hours; code of conduct; dress code; compliance to job assignment by the employer;
- Occupational hygiene and safety in the workplace: responsibility to comply with rules and regulations, procedures and measures for assurance of occupational hygiene, occupational safety and fire safety; use and preservation of personal safety equipment and other equipment serving assurance of occupational hygiene and safety at the work place; cleaning, decontamination and disinfection at the workplace;
- The employer’s regulations on preventing and combating sexual harassment in the workplace; procedures for taking actions against sexual harassment in the workplace as prescribed in Article 85 of Decree 145/2020/ND-CP;
- Protection of the employer’s assets, business secrets, technological secrets and intellectual property: A list of assets, documents, technological secrets, business secrets, intellectual property; responsibility, measures for protection thereof; definition of infringements upon these assets and secrets;
- Specific cases in which employees may be temporarily reassigned against their employment contracts according to Clause 1 Article 29 of the 2019 Labor Code of Vietnam;
- Specific employees’ violations and corresponding disciplinary actions;
- Material responsibility: Cases in which the employee has to pay compensation for causing damage to or losing tools, instruments or assets; exceeding material consumption limits; compensation levels in proportion to the damage caused; persons having the power to claim compensation;
- Persons having the power to take disciplinary actions: persons having the power to conclude employment contracts on behalf of the employer as prescribed in Clause 3 Article 18 of the 2019 Labor Code of Vietnam or specific persons specified in the internal labor regulations.
The latest form of internal labor regulations today?
Currently, the law does not stipulate the form of the internal labor regulations. Here is a sample of internal labor regulations for reference:
Download a sample of internal labor regulations here.
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