30 contents about labor management that enterprises in Vietnam need to pay attention to

Anh Tu

08:25, 11/07/2024

The issue of labor management is currently one of the very important aspects in the operations of an enterprise. There is a compilation of 30 contents about labor management that enterprises need to pay attention to upon establishment as well as during the operation to ensure the development of enterprises in compliance with the law.

30 obligations regarding labor management of enterprises in Vietnam must adhere to

No.	Activity	Content	Guiding Basis
1	Declaration of labor use at the beginning of operations	Within 30 days from the start of operations, the enterprise must declare the use of labor to the Department of Labor - Invalids and Social Affairs (DOLISA) or the Department of DOLISA where the headquarters, branches, or representative offices are located according to	Clause 1, Article 6 Circular 23/2014/TT-BLDTBXH (Circular 23); Clause 1, Article 8 Decree 03/2014/ND-CP (Decree 03)
2	Creation and use of labor management book	Within 30 days from the start of operations, the enterprise must create a labor management book where the headquarters, branches, or representative offices are located	Article 7 Circular 23
3	Conduct periodic reporting on labor usage and changes	Periodically every 6 months and annually, the employer must report labor changes to the DOLISA or the Department of DOLISA (for employer in industrial zones) where the headquarters, branches, or representative offices are located before June 5 and December 5 annually.	Point d, Clause 2, Article 6 of Labor Code 2012; Clause 2, Article 8 Decree 03; Clause 2, Article 6 Circular 23
4	Develop and notify salary scales and tables	The enterprise must develop and submit salary scales, salary tables, technical level standards, titles, professional standards, and labor norms	Article 93 of Labor Code 2012; Chapter III Decree 49/2013/ND-CP (Decree 49)
5	Develop and notify salary scales and tables	The enterprise is responsible for developing labor norms as a basis for recruiting, employing labor, negotiating salaries, and paying wages to employees	Article 93, Article 188 Labor Code 2012; Article 8 Decree 49.
6	Develop and register labor regulations	The enterprise employing 10 or more employees must have written labor regulations as stipulated	Article 119, Clauses 1 and 2 Article 120 of Labor Code 2012; Chapter V Decree 05/2015/ND-CP (Decree 05); Chapter III Circular 47/2015/TT-BLDTBXH
7	Develop and issue grassroots democratic regulations	The enterprise must develop grassroots democratic regulations, regular dialogue regulations at the workplace to ensure the legitimate rights and interests of employees as well as the enterprise	Decree 60/2013/ND-CP
8	Develop and notify enterprise labor agreements	Within 10 days from the date of signing the collective labor agreement, the enterprise must notify the content of their agreement to the Department of DOLISA where the enterprise is headquartered	Chapter V of Labor Code 2012; Chapter III Decree 05; Article 3 Circular 29/2015/TT-BLDTBXH
9	Establishing a grassroots union in the company	When there is a desire to establish a union at the enterprise, employees must organize a Mobilization Committee to establish the union at the enterprise. The enterprise must carry out procedures to establish the enterprise's grassroots union as regulated.	Clauses 1 and 3, Article 189 Labor Code 2012; Article 5 Trade Union Law 2012
10	Implement demand report, procedures for labor permits issuance and renewal, and other reporting policies	In the case the enterprise employs foreign workers, it must determine and report the need for foreign employees for each job position that Vietnamese workers cannot meet to the Chairman of the provincial People's Committee or central-level city.	Decree 11/2016/ND-CP; Circular 40/2016/TT-BLDTBXH
11	Reporting labor changes	Periodically every 6 months and annually, the enterprise must send reports on labor changes to the DOLISA (or the Department of DOLISA for enterprise in industrial zones) where it is headquartered, branches, and representative offices before June 15 and December 15 annually	Clause 4, Article 6 Circular 23; Clause 4, Article 8 Decree 03
12	Participate and contribute to social insurance (BHXH), health insurance (BHYT), and unemployment insurance (BHTN) for employees	Laborers working under indefinite-term labor contracts, definite-term labor contracts, seasonal contracts, or specific job contracts with a duration of 3 to under 12 months must participate in social insurance, health insurance, and unemployment insurance	Article 188 Labor Code 2012; Article 4 Decree 44/2013/ND-CP; Social Insurance Law 2014; Decision 595/QD-BHXH 2017.
13	Register and adjust contributions to BHXH, BHYT, BHTN	When there is a change in the information for contributing BHXH, BHYT, and BHTN, the enterprise must notify and register for adjustments with the social insurance agency in writing	Article 98 Social Insurance Law 2014
14	Organize periodic dialogues at the workplace	Every 3 months, the employer must organize dialogues at the workplace with the employees	Chapter V Labor Code 2012; Decree 60/2013/ND-CP
15	Issue regulations on task completion assessment	The enterprise needs to develop and issue regulations on task completion assessment. This content is part of the company's labor regulations. It must be noted that this is required to unilaterally terminate labor contracts with employees under Clause 1, Article 38 Labor Code 2012	Clause 1, Article 12 Decree 05
16	Contribute monthly union fees in the Company	Monthly, when the enterprise pays compulsory social insurance for employees, it must also pay union fees. This is the enterprise's obligation, regardless of whether the enterprise has a union organization or not.	Based on Article 5 and Clause 2, Article 6 Decree 191/2013/ND-CP
17	Report labor accidents when they occur	When the enterprise experiences incidents, labor accidents causing death or severe injury to 2 or more people, the enterprise must immediately report to the Inspectorate of the Department of DOLISA where the incidents occur	Clause 1, Article 34 Occupational Safety and Health Law 2015; Article 10 Decree 39
18	Keep statistics and report on labor accidents, severe technical incidents causing occupational safety and health hazards at the unit (if any)	Employers must keep statistics and report labor accidents, severe technical incidents causing occupational safety and health hazards at their facility and periodically every 6 months, and annually, report to the provincial labor management agency. Reports must be submitted before July 5 annually for the first 6 months and before January 10 of the following year for the annual report	Clause 1, Article 36 Occupational Safety and Health Law 2015; Clause 1, Article 24 Decree 39/2016/ND-CP
19	Keep statistics and report on occupational diseases	Annually, employers must report and keep statistics on the prevention and control of occupational diseases to the provincial health management agency for consolidation and reporting to the Ministry of Health	Clause 2, Article 37 Occupational Safety and Health Law 2015
20	Monitor, manage, and report the use of machinery, equipment, and materials with strict occupational safety requirements	Within 30 days before or after putting into use, the enterprise must report the use of machinery, equipment, and materials to the Department of DOLISA where the enterprise is headquartered	Articles 30 and 31 Occupational Safety and Health Law 2015; Article 16 Decree 44/2016/ND-CP; Circular 53/2016/TT-BLDTBXH
21	Organize periodic health check-ups, occupational disease examinations for employees	The enterprise is responsible for organizing periodic health check-ups for employees and informing them of the health check results, while retaining these records for presentation upon request by competent authorities	Article 21 Occupational Safety and Health Law 2015
22	Assign staff for occupational safety and health management	Based on the scale, labor characteristics, risk of labor accidents, occupational diseases, working conditions, employers must assign staff for occupational safety and health or establish a safety management department at their facility	Article 72 Occupational Safety and Health Law; Article 36 Decree 39
23	Assign staff for healthcare	Based on the scale, labor characteristics, risk of labor accidents, occupational diseases, and working conditions, employers must assign healthcare staff or establish a healthcare department responsible for caring for and managing the health of workers	Article 73 Occupational Safety and Health Law; Article 37 Decree 39
24	Provide material benefits for employees working in hazardous conditions (if any)	Employees working in hazardous conditions must be provided with material benefits by employers.	Article 24 Occupational Safety and Health Law 2015; Circular 25/2013/TT-BLDTBXH
25	Review, classify, and train employees on occupational safety and health	Employers must train employees doing work with strict OSH requirements and issue safety cards before assigning them to these tasks	Article 14 Occupational Safety and Health Law 2015, Article 17 Decree 44.
26	Create health management records, labor hygiene records	Health management records of employees include: - Personal health records of employees; - Health and disease management records of all employees working at the labor facility	Circular 19/2016/TT-BYT
27	Issue and monitor personal protective equipment for employees	Employees doing work in hazardous conditions must be provided with adequate personal protective equipment by the employers and must use it during their work.	Article 23 Occupational Safety and Health Law 2015; Circular 04/2014/TT-BLDTBXH
28	Develop occupational safety and health regulations for each working area of the enterprise	Employers must develop, issue, and implement internal regulations and procedures to ensure occupational safety and health based on the law, national technical standards, local technical standards on OSH, and operational conditions of the production, business, and labor activities	Article 15 Occupational Safety and Health Law 2015
29	Develop and implement the annual OSH Action Month plan	The OSH Action Month is held from May 1 to May 31 every year. The launching ceremony for the OSH Action Month is held on one day during the period from May 1 to May 10 annually.	Circular 02/2017/TT-BLDTBXH
30	Develop and implement the annual OSH plan; Safety measures for each type of work; Control hazardous factors, harmful elements; Risk assessment on OSH; Technical incident response and emergency rescue plans	Employers must conduct assessments and guide employees to self-assess risks on OSH before working, regularly during labor or as necessary.	Articles 18, 76, 77, 78 Occupational Safety and Health Law 2015.

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