Are internal labor regulations required to be registered in Vietnam? Is it mandatory to consult trade unions when issuing internal labor regulations in Vietnam?

Are internal labor regulations required to be registered in Vietnam?

Do internal labor regulations require registration with state agencies?

Answer: In Article 119 of the 2019 Labor Code, there are regulations on 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.

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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, businesses having 10 or more employees are required to register at the specialized labor agency under the Provincial People's Committee. For 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.

Are internal labor regulations required to be registered in Vietnam? Is it mandatory to consult trade unions when issuing internal labor regulations in Vietnam? (Image from the Internet)

Is it mandatory to consult trade unions when issuing internal labor regulations in Vietnam?

In the old Labor Code, I learned that businesses consult with trade unions to promulgate internal labor regulations. So it's not clear what will happen under the old regulations?

Answer: In Article 118 of the 2019 Labor Code, it is stipulated:

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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.

And according to the provisions of Article 170 of the 2019 Labor Code, the organization representing workers at the grassroots is understood as a trade union.

=> In my opinion, if internal  labor regulations are issued and there is a union at that company, it is mandatory to consult with the union in Vietnam.

Does an enterprise having less than 10 employees need to issue internal labor regulations in Vietnam? 

I would like to ask: Does an enterprise having less than 10 employees need to issue internal labor regulations in Vietnam?  And please tell us more about what issues the regulations include?

Answer: Pursuant to Clause 1 and Clause 2, Article 118 of the 2019 Labor Code, the labor regulations are stipulated 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.

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.

Thus, even though businesses have less than 10 employees, they are still required to issue internal labor regulations. But rules are not required to be in writing.

Best regards!