Is it compulsory to declare the employment status in case of not paying social insurance? When is the deadline for submitting the employment reports in Vietnam?
Vietnam: Is it compulsory to declare the employment status in case of not paying social insurance?
Article 12 of the 2019 Labor Code stipulates the employer's labor management responsibilities:
Responsibility of an employer for employee management
1. Prepare, update, manage, use the physical or electronic employee book and present it to the competent authority whenever requested.
2. Declare the employment status within 30 days from the date of commencement of operation, and report periodically on changes of employees during operation to the local labor authority under the People’s Committee of the province (hereinafter referred to as “provincial labor authority") and to the social security authority.
Employers are responsible for preparing, updating, managing, using the physical or electronic employee book and present it to the competent authority whenever requested.
Declare the employment status within 30 days from the date of commencement of operation, and report periodically on changes of employees during operation to the local labor authority under the People’s Committee of the province and to the social security authority.
Declaration of employment status and periodic reports on changes of employees are elaborated accordance with Article 4 of Decree 145/2020/ND-CP.
According to the aforementioned regulation, there is no mention of reporting the employment status regarding their participation in social insurance. Therefore, businesses that employ employees, regardless of whether they participate in social insurance or not, are still required to report their employment status.
Is it compulsory to declare the employment status in case of not paying social insurance? When is the deadline for submitting the employment reports in Vietnam?
When is the deadline for submitting the employment reports in Vietnam?
In Article 4 of Decree 145/2020/ND-CP amended by Clause 1, Article 73 of Decree 35/2022/ND-CP, regulations on employment report are as follows:
Employment report
Declaration of employment status and periodic reports on changes of employees mentioned in Clause 2 Article 12 of the Labor Code are elaborated as follows:
1. The employer shall declare the employment status in accordance with the Government’s Decree No. 122/2020/ND-CP dated October 15, 2020.
2. Periodically, on a six-month (by June 5) and annual (by December 12) basis, employers shall update the Department of Labor, War Invalids and Social Affairs on employee changes via the National Service Portal according to the Form No. 01/PLI of Appendix I hereto and notify these changes to the social insurance agency of the district where their main offices, branches or representative offices are located. Where any employer cannot give updates on employee changes via the National Service Portal, a paper report must be sent by using the Form No. 01/PLI of Appendix I hereto to the Department of Labor, War Invalids and Social Affairs and such changes must be informed to the social insurance agency of the district where its main office, branch or representative office is located. If there are any changes in employees working at industrial parks and economic zones, employers shall be required to report on such changes to Departments of Labor, War Invalids and Social Affairs, social insurance agencies of the districts where their main offices or branches are located, and industrial park and economic zone authorities, for monitoring purposes.
Departments of Labor, War Invalids and Social Affairs shall be responsible for consolidating employee changes if employers send paper reports aimed at providing fully updated information by using the Form No. 02/PLI of Appendix I hereto
3. Provincial Departments of Labor, War Invalids and Social Affairs shall submit biannual reports before June 15 and December 15 to the Ministry of Labor, War Invalid and Social Affairs on employment status in their provinces through National Public Service Portal according to Form No. 02/PLI in Appendix I hereof
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Thus, according to the above regulations, the time for submitting the employment report is prescribed as follows:
- Reporting to the Department of Labor, War Invalids and Social Affairs: Every 6 months (before June 5) and annually (before December 5).
The employer shall declare the employment status.
- Reporting to the Ministry of Labor, War Invalids and Social Affairs: Every 6 months, before June 15 and annually, before December 15.
The Department of Labor, War Invalids and Social Affairs shall declare the employment status.
What are the rights and obligations of employees in Vietnam?
Pursuant to Article 5 of the 2019 Labor Code, it is stipulated as follows:
Rights and obligations of employees
1. An employee has the rights to:
a) work; freely choose an occupation, workplace or occupation; participate in basic and advanced occupational training; develop professional skills; suffer no discrimination, forced labor and sexual harassment in the workplace;
b) receive a salary commensurate with his/her occupational skills on the basis of an agreement with the employer; be provided with personal protective equipment and work in an occupationally safe and healthy environment; take statutory sick leaves, annual paid leaves and receive collective welfare benefits;
c) establish, join an representative organization of employees, occupational associations and other organizations in accordance with law; request and participate in dialogues with the employer, implementation of democracy regulations and collective bargaining with the employer; receive consultancy at the workplace to protect his/her legitimate rights and interests; participate in management activities according to the employer’s regulations;
d) refuse to work if he/she finds that the work directly threatens his/her life or health;
dd) unilaterally terminate the employment contract;
e) go on strike;
g) exercise other rights prescribed by law.
2. An employee has the obligations to:
a) implement the employment contract, collective bargaining agreement and other lawful agreements;
c) obey internal labor regulations, the lawful management, administration and supervision by the employer;
c) implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health.
Thus, the employer has rights and obligations according to the above regulations.
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