What is the deadline for submitting the annual labor utilization report in Vietnam?
What is the deadline for submitting the annual labor utilization report in Vietnam?
Based on Article 4 of Decree 145/2020/ND-CP (amended and supplemented by Clause 1, Article 49 of Decree 10/2024/ND-CP and Clause 1, Article 73 of Decree 35/2022/ND-CP) stipulating labor utilization reporting:
Article 4. Labor uUilization Report
The labor utilization declaration and periodic reporting on changes in labor at Clause 2, Article 12 of the Labor Code is stipulated as follows:
- Employers shall declare their labor utilization according to Decree No. 122/2020/ND-CP dated October 15, 2020, of the Government of Vietnam, which stipulates the coordination and integration of the procedures for business, branch, representative office establishment registration, labor utilization declaration, unit insurance code issuance, and enterprise invoice registration.
- Periodically every 6 months (before June 5) and annually (before December 5), employers must report changes in labor to the Department of Labor, War Invalids and Social Affairs via the National Public Service Portal using Form No. 01/PLI Appendix I issued together with this Decree, and notify the district social insurance agency where the headquarters, branch, or representative office is located. If the employer cannot submit labor change reports through the National Public Service Portal, the report must be submitted in paper form using Form No. 01/PLI Appendix I issued together with this Decree to the Department of Labor, War Invalids and Social Affairs, and notify the district social insurance agency where the headquarters, branch, or representative office is located. For labor working in industrial parks, economic zones, employers must report labor changes to the Department of Labor, War Invalids and Social Affairs, district social insurance agency where the headquarters, branch, or representative office is located, and the Management Board of the industrial park, economic zone for monitoring.
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Thus, the deadline for submitting the annual labor utilization report is before December 5. It should be sent to the Department of Labor, War Invalids and Social Affairs through the National Public Service Portal.
What is the deadline for submitting the annual labor utilization report in Vietnam? (Image from the Internet)
What is the fine for not reporting the annual labor utilization in Vietnam?
Based on Clause 2, Article 8 of Decree 12/2022/ND-CP on the penalty levels for violations regarding labor recruitment and management:
Article 8. Violations in Labor Recruitment and Management
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- A fine ranging from 5,000,000 VND to 10,000,000 VND is imposed on employers committing one of the following acts:
a) Discriminating in labor, excluding discrimination acts stipulated at Point d, Clause 1, Article 13; Clause 2, Article 23; Clause 1, Article 36; and Clause 2, Article 37 of this Decree;
b) Using untrained labor or labor without a national vocational skills certificate for professions or jobs requiring trained labor or a national vocational skills certificate;
c) Failing to report changes in labor as stipulated;
d) Failing to establish a labor management register or establishing a labor management register late or without ensuring the basic contents as per legal stipulations.
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Thus, employers who do not submit the annual labor utilization report will be fined from 5,000,000 VND to 10,000,000 VND.
This fine applies to individuals. In the case of organizations committing the same violations, the fine for organizations is twice that for individuals. (Stipulated in Clause 1, Article 6 of Decree 12/2022/ND-CP)
What are rights and obligations for employers in Vietnam?
Based on Article 6 of the Labor Code 2019, the rights and obligations of employers are stipulated as follows:
[1] Employers have the following rights:
- Recruit, arrange, manage, operate, and supervise labor; reward and handle labor discipline violations
- Establish, join, and operate in employers' representative organizations, professional organizations, and other organizations as stipulated by law
- Request labor representatives to negotiate with the aim of signing collective labor agreements; participate in resolving labor disputes, strikes; dialogue and exchange with labor representatives on issues in labor relations, improving the material and spiritual life of employees
- Temporarily close the workplace
- Other rights as prescribed by law
[2] Employers have the following obligations:
- Implement labor contracts, collective labor agreements, and other lawful agreements; respect the honor and dignity of employees
- Establish mechanisms and engage in dialogue and exchange with employees and their representatives; implement grassroots democracy regulations at the workplace
- Provide training, retraining, skill enhancement to maintain and transition professions and jobs for employees
- Implement legal regulations on labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and occupational safety and hygiene; develop and implement measures to prevent and combat sexual harassment in the workplace
- Participate in the development of national vocational skill standards, evaluate and recognize workers' vocational skills
