If employers have less than 10 employees, do their enterprises have to register the internal labor regulations in Vietnam?

If employers have less than 10 employees, do their enterprises have to register the internal labor regulations in Vietnam?

Article 119 of the Labor Code 2019 regulates 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.

Thus, at present, the law only stipulates that the employer must register the internal labor regulations when employing 10 or more employees. If your enterprise only intends to employ 7 to 8 employees, you do not need to register internal labor regulations in Vietnam.

How much is fine for failing to follow procedures for registration of internal labour regulations when employing more than 10 employees in Vietnam?

According to Clause 2, Article 19 of Decree 12/2022/ND-CP, violations against regulations on labour discipline and material responsibility are as follows:

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) Failing to apply written internal labour regulations when employing 10 employees or more;

b) Failing to follow procedures for registration of internal labour regulations as prescribed by law;

c) Failing to consult with the internal representative organization of employees (if any) before issuing or revising the internal labour regulations;

d) Applying the internal labour regulations which have not been yet in effect or have become null and void;

dd) Failing to follow processes, procedures and time limits set out in law when implementing disciplinary measures at work or paying compensation for damage;

e) Suspending employees from work for a duration exceeding the maximum suspension period prescribed by law;

g) Before suspending employees from work, failing to consult with the internal representative organization of employees to which the employee is a member.

Pursuant to Clause 1, Article 6 of Decree 12/2022/ND-CP stipulating fine levels:

1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

Therefore, employers who do not register internal labor regulations when employing more than 10 employees in Vietnam will be fined from VND 5,000,000 to VND 10,000,000, and for organizations, a fine of from 10,000,000 VND to 20,000,000 VND.

What do contents of internal labor regulations in Vietnam comprise? 

In Clause 2, Article 118 of the Labor Code 2019 stipulates that 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.

The above are the main contents contained in the internal labor regulations as stipulated by the law in Vietnam.

Best Regards!