What documents are included in the application for registration of internal labor regulations in Vietnam? What are regulations on registration of internal labor regulations in Vietnam?

What are regulations on registration of internal labor regulations in Vietnam?

According to latest regulations, what are regulations on registration of internal labor regulations in Vietnam?

Answer:

Pursuant to Article 119 of the Labor Code in 2019 stipulating regulations on registration of internal labor regulations in Vietnam 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.

What documents are included in the application for registration of internal labor regulations in Vietnam?

According to the Labor Code in 2019, what documents are included in the application for registration of internal labor regulations in Vietnam?

Answer:

Pursuant to Article 120 of the Labor Code in 2019 stipulating application for registration of internal labor regulations in Vietnam as follows:

An application for registration of internal labor regulations shall consist of:

1. The application form;

2. A copy of the internal labor regulations;

3. Comments of the representative organization of employees (if any);

4. Documents of the employer that are relevant to labor discipline and material responsibility (if any).

Is it permissible to submit internal labor regulations to department level when unions are not established?

My company has 20 employees. It was established in May 2020. The company has not formed a union yet. As far as I know, if unions are not established, you can't submit the labor regulations at the department level as the minutes of the meeting to collect opinions on the labor regulations must be stamped by the Executive Board of the union. Thank you!

Answer:

Pursuant to Article 119 and 120 of the Labor Code in 2019 stipulating as follows:

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.

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.

An application for registration of internal labor regulations shall consist of:

- The application form;

- A copy of the internal labor regulations;

- Comments of the representative organization of employees (if any);

- Documents of the employer that are relevant to labor discipline and material responsibility (if any).

As regulations above, employers must submit internal labor regulations when unions are not established.

Pursuant to Clause 4 Article 3 of the Labor Code in 2012, representative organization of a grassroots-level employees’ collective means the executive committee of the grassroots-level trade union or the executive committee of the immediate higher-level trade union in a non-unionized enterprise.

As regulations above, when unions are not established, the minutes of the meeting to collect opinions on the labor regulations must be consulted by the executive committee of the immediate higher-level trade union in a non-unionized enterprise.

Best regards!