Instructions for registering enterprise's internal labor regulations in Vietnam in 2021

Decision 338/QD-LDTBXH announcing newly issued, amended, supplemented and abolished administrative procedures in the field of labor and wages effective from March 17, 2021; Notably, the amendment and supplementation of procedures for registering internal labor regulations of enterprises in Vietnam.

Instructions for registering enterprise's internal labor regulations in Vietnam in 2021

Instructions for registering enterprise's internal labor regulations in Vietnam in 2021 (Internet image)

Specifically, according to the instructions in this Decision, from March 17, 2021, procedures for registering labor regulations of enterprises will be carried out as follows:

(1) Procedures for registering the enterprise's internal labor regulations in Vietnam

Including 02 steps:

- Step 1: Within 10 days from the date of the issuance of labor regulations,
The employer prepares documents according to the provisions of law and submits them to the specialized labor agency under the Provincial People's Committee or the specialized labor agency under the District People's Committee (authorized by the specialized labor agency under the Provincial People's Committee) where the employer registered its business.

- Step 2: Within 07 working days from the date of receiving the application for registration of labor regulations, if it is discovered that the labor regulations contain illegal provisions, the specialized labor agency under the Provincial People's Committee or the specialized labor agency under the District People's Committee (authorized by the specialized labor agency under the Provincial People's Committee) will notify and guide employers to amend, supplement, and re-register labor regulations.

Note: Previously, employers submitted documents to register labor regulations to the Department of Labor, War Invalids and Social Affairs of provinces and centrally run cities for units located in provinces and centrally run cities or the Management Board of industrial parks, export processing zones, and high-tech zones for units located in industrial parks, export processing zones, and high-tech zones but from March 17, 2021, the agency implementing this procedure will be the specialized labor agency under the Provincial People's Committee or the specialized labor agency under the District People's Committee (authorized by the specialized labor agency under the Provincial People's Committee).

(2) How to carry out procedures for registering the enterprise's labor regulations

The employer shall do so in one of the following forms:

- Submit application through the online public service portal to the specialized labor agency under the Provincial People's Committee or the specialized labor agency under the District People's Committee (authorized by the specialized labor agency under the Provincial People's Committee).

- Submit application directly to the specialized labor agency under the Provincial People's Committee or the specialized labor agency under the District People's Committee (authorized by the specialized labor agency under the Provincial People's Committee).

- Submit application by post to the specialized labor agency under the Provincial People's Committee or the specialized labor agency under the District People's Committee (authorized by the specialized labor agency under the Provincial People's Committee).

(3) Composition and number of dossiers to register the enterprise's labor regulations

* Components of the enterprise's labor regulations registration dossier:

- Written request for registration of labor regulations;

- Labor regulations;

- Written comments from the grassroots employee representative organization for places where there is a grassroots employee representative organization;

- Documents of the employer containing regulations related to labor discipline and material responsibility (if any).

* Number of documents: 01 set

Note: Only employers who employ 10 or more employees must carry out this procedure. The provisions of the labor regulations do not contravene the labor law.

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