Can employers decide on their own the effective date of internal labor regulations in Vietnam? Where do foreign-invested companies register their internal labor regulations in Vietnam?

Where do foreign-invested companies register their internal labor regulations in Vietnam?

Let me ask, if my company is established in District 2 and has foreign investment, where are its internal labor regulations registered?

Answer: Article 119 of the 2019 Labor Code stipulates registration of internal labor regulations as follows:

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.

=> According to the above regulations in Vietnam, companies having 10 or more employees must register internal labor regulations at the specialized labor agency under the Provincial People's Committee where the company registers business, regardless of whether there are domestic or foreign investment capital companies.

Therefore, if your company has foreign investment capital, has 10 or more employees, and is headquartered in District 2, Ho Chi Minh City, then register its internal labor regulations at the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City.

Can employers decide on their own the effective date of internal labor regulations in Vietnam? Where do foreign-invested companies register their internal labor regulations in Vietnam? (Image from the Internet)

Can enterprises decide on their own the effective date of internal labor regulations in Vietnam?

Question: According to the law, can enterprises decide on their own the effective date of internal labor regulations in Vietnam? Hope to receive a response.

Answer: Article 121 of the 2019 Labor Code stipulates effect of internal labor regulations as follows:

The internal labor regulations shall start to have effect after 15 days from the day on which the satisfactory application is received by a competent authority as prescribed in Article 119 of this Labor Code.

The effect of the written internal labor regulations issued by an employee that has fewer than 10 employees shall be decided by the employer.

=> Thus, according to the above regulations in Vietnam, the internal labor regulations will take effect according to the wishes of the enterprise if the enterprise has less than 10 employees.

As for enterprises having 10 or more employees, the internal labor regulations will take effect 15 days after the competent authority receives the complete satisfactory application in Vietnam.

Are sole proprietorships required to issue internal labor regulations in Vietnam?

Related to activities of sole proprietorships. Question: According to regulations, are sole proprietorships required to issue internal labor regulations?

Reply. In Clause 1, Article 118 of the 2019 Labor Code, regulations on internal labor regulations are 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.

Clause 1, Article 69 of Decree 145/2020/ND-CP also provides guidance on internal labor regulations as follows:

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, according to the above regulations in Vietnam, enterprises, including sole proprietorships, that have 10 or more employees will be required to issue written internal labor regulations.

If having less than 10 employees, it is not required to issue written internal labor regulations, but must agree on the content of labor discipline and material responsibilities in the labor contract in Vietnam.

Best regards.