Vietnam: What is the fine for failing to give updates on employee changes? What is the deadline for submitting employment reports?

Main Content

• What is the deadline for submitting employment reports in Vietnam?
• What is the fine for failing to give updates on employee changes in Vietnam?
• What is the form of employment report prepared by employers in Vietnam?

What is the deadline for submitting employment reports in Vietnam?

Pursuant to Clause 2 Article 4 of Decree 145/2020/ND-CP (amended by Clause 1 Article 73 of Decree 35/2022/ND-CP) there are as follows:

Employment report

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1. The employer shall declare the employment status in accordance with the Government’s Decree No. 122/2020/ND-CP dated October 15, 2020.

Periodically, on a six-month (by June 5) and annual (by December 5) 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

Accordingly, periodically, on a six-month (by June 5) and annual (by December 5) basis, employers shall give updates on employee changes:

The deadline for submitting employment reports in the first 6 months of the year is before June 5. The deadline for submitting employment reports in the last 6 months is before December 5.

What is the fine for failing to give updates on employee changes in Vietnam?

Pursuant to Clause 2, Article 8 of Decree 12/2022/ND-CP stipulating as follows:

Violations against regulations on recruitment and employee management

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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) Practicing labour discrimination, except acts of discrimination specified in Point d Clause 1 Article 13, Clause 2 Article 23, Clause 1 Article 36 and Clause 2 Article 37 of this Decree;

b) Employing untrained people or people without occupational training certificates to do the jobs or works that have to be done by trained workers or holders of occupational training certificates;

c) Failing to submit reports on changes in number of employees as prescribed;

d) Failing to make an employee management book or failing to make an employee management book on schedule, or failing to include basic contents as prescribed by law in the employee management book.

Accordingly, the employer failing to give updates on employee changes in Vietnam within the prescribed time limit will be fined from 05-10 million VND. This fine is applied to individuals, it shall be doubled in case of organizations

What is the form of employment report prepared by employers in Vietnam?

Currently, the form of employment report prepared by employers in Vietnam is prescribed Form No. 01/PLI Appendix I issued together with Decree 145/2020/ND-CP as follows:

(1) Department of Labor, War Invalids and Social Affairs; social insurance agencies of districts where their head offices, branches and representative offices are located

(2) Job positions classified according to:

- Column (8) Managers: This group includes leaders and managers working in branches, levels and in agencies, organizations and enterprises holding positions, having the right to manage, command and administer from the central to the commune level;

- Column (9) Higher technical expertise: This group includes occupations that require professional knowledge, professional and experience at a high level (university or higher) in the fields of science and engineering, health, education, business and management, information and communication technology, law, culture, society;

- Column (10) Mid-level technical expertise: This group includes occupations that require knowledge and experience at the intermediate level (college, intermediate) in the fields of science and technology, health, business and management, law, culture, society, information and communication, teachers, education, information technology.

Download the form of employment report prepared by employers in Vietnam: Here.