What is the time limit for annual report on changes of employees in Vietnam?

What is the time limit for annual report on changes of employees in Vietnam?

Pursuant to Article 4 of the Decree 145/2020/NĐ-CP (amended by Clause 1 Article 73 of the Decree 35/2022/NĐ-CP) stipulating employment report as follows:

Declaration of employment status and periodic reports on changes of employees mentioned in Clause 2 Article 12 of the Labor Code are elaborated as follows:

1. The employer shall declare the employment status in accordance with the Government’s Decree No. 122/2020/ND-CP dated October 15, 2020.

2. Periodically, on a six-month (by June 5) and annual (by December 12) basis, employers shall update the Department of Labor, War Invalids and Social Affairs on employee changes via the National Service Portal according to the Form No. 01/PLI of Appendix I hereto and notify these changes to the social insurance agency of the district where their main offices, branches or representative offices are located. Where any employer cannot give updates on employee changes via the National Service Portal, a paper report must be sent by using the Form No. 01/PLI of Appendix I hereto to the Department of Labor, War Invalids and Social Affairs and such changes must be informed to the social insurance agency of the district where its main office, branch or representative office is located. If there are any changes in employees working at industrial parks and economic zones, employers shall be required to report on such changes to Departments of Labor, War Invalids and Social Affairs, social insurance agencies of the districts where their main offices or branches are located, and industrial park and economic zone authorities, for monitoring purposes.

Departments of Labor, War Invalids and Social Affairs shall be responsible for consolidating employee changes if employers send paper reports aimed at providing fully updated information by using the Form No. 02/PLI of Appendix I hereto.

3. Provincial Departments of Labor, War Invalids and Social Affairs shall submit biannual reports before June 15 and December 15 to the Ministry of Labor, War Invalid and Social Affairs on employment status in their provinces through National Public Service Portal according to Form No. 02/PLI in Appendix I hereof

Provincial Departments of Labor, War Invalids and Social Affairs that cannot submit their reports through the National Public Service Portal may submit physical reports to the Ministry of Labor, War Invalid and Social Affairs.

As regulations above, periodic reports on changes of employees shall be made twice every year. The time limit for submitting report on changes of employees at the end of the year is before December 5th.

What are the administrative fines for failing to submit reports on changes in number of employees in Vietnam?

Pursuant to Clause 2 Article 8 of the Decree 12/2022/NĐ-CP stipulating 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) Practicing labour discrimination, except acts of discrimination specified in Point d Clause 1 Article 13, Clause 2 Article 23, Clause 1 Article 36 and Clause 2 Article 37 of this Decree;

b) Employing untrained people or people without occupational training certificates to do the jobs or works that have to be done by trained workers or holders of occupational training certificates;

c) Failing to submit reports on changes in number of employees as prescribed;

d) Failing to make employee management book or failing to make employee management book on schedule, or failing to include basic contents as prescribed by law in the employee management book.

Pursuant to Clause 1 Article 6 of the Decree 12/2022/NĐ-CP stipulating as follows:

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.

As regulations above, a fine ranging from VND 1.000.000 to VND 20.000.000 shall be imposed upon an organization for failing to submit reports on changes in number of employees.

What are regulations on reports on occupational health and safety in Vietnam?

Pursuant to Article 10 of the Circular 07/2016/TT-BLĐTBXH stipulating statistics and reports on occupational health and safety as follows:

1. Every employer shall draw up occupational health and safety contents that need reporting in record. All statistics shall be retained under regulations of laws as the basis for monitoring, analyzing and proposing occupational health and safety measures.

2. Every employer shall annually submit an occupational health and safety report  using form in Annex II enclosed herewith to the Department of Labor, War Invalids and Social Affairs  and Services of Health directly or by post or via email or fax by January 10^th of the following year.

3. Departments of Labor, War Invalids and Social Affairs shall submit an aggregate report on occupational health and safety of business entities within their province to the Ministry of Labor, War Invalids and Social Affairs using the form in Annex III enclosed herewith by January 25^th of every year.

Above are regulations on reports on occupational health and safety in Vietnam.

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