06 Important Contents about Registering Labor Regulations from January 01, 2021 in Vietnam

06 Important Contents about Registering Labor Regulations from January 01, 2021 in Vietnam​ (Illustrative image)

1. When is it necessary to register labor regulations in Vietnam?

According to Clause 1, Article 119 of the 2019 Labor Code, which will take effect from January 1, 2021, employers using 10 or more employees must register labor regulations at the specialized labor agency under the provincial People's Committee where the employer registers for business.

Simultaneously, Clause 5, Article 119 of the 2019 Labor Code also provides that depending on specific conditions, the specialized labor agency under the provincial People's Committee can authorize the specialized labor agency under the district People's Committee to carry out the registration of labor regulations as stipulated.

2. Place to register labor regulations in Vietnam

For units located in provinces and centrally governed cities: Department of Labor, War Invalids and Social Affairs of the respective province or city.

For units in industrial zones, export processing zones, high-tech zones: Management Board of the industrial zone, export processing zone, high-tech zone.

Additionally, Clause 4, Article 119 of the 2019 Labor Code also stipulates that for employers with branches, units, or production, business establishments located in various locations, registered labor regulations must be submitted to the specialized labor agency under the provincial People's Committee where the branch, unit, production, or business establishment is located.

3. Dossier for registering labor regulations in Vietnam

According to Article 120 of the 2019 Labor Code, the dossier for registering labor regulations includes:

- Written request for registration of labor regulations;

- Labor regulations;

- Written comments from the representative organization of employees at the establishment;

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

4. Duration for registering labor regulations in Vietnam

According to Clauses 2 and 3 of Article 119 of the 2019 Labor Code, within 10 days from the date the labor regulations are issued, the employer must submit the dossier for registering the labor regulations.

Note: Within 7 working days from the date of receipt of the dossier for registering labor regulations, if the content of the labor regulations is found to be contrary to the law, the specialized labor agency under the provincial People's Committee will notify and guide the employer to amend, supplement, and re-register.

5. Effectiveness of labor regulations after registration in Vietnam

According to Article 121 of the 2019 Labor Code, labor regulations take effect after 15 days from the date when the competent state authority receives the complete dossier for registering labor regulations.

6. Fines for not registering labor regulations in Vietnam

At Clause 2, Article 18 of Decree 28/2020/ND-CP by the Government of Vietnam, which stipulates administrative sanctions in the field of labor, social insurance, and sending Vietnamese employees to work abroad under contracts, a fine of VND 5,000,000 - 10,000,000 for employers having one of the following acts:

- No written labor regulations when using 10 or more employees;

- Not registering labor regulations with the state labor management agency of the province;

- Using labor regulations that are not yet effective or have expired;

- ...

It is clear that labor regulations are recognized as "laws" within the enterprise. Therefore, the registration of labor regulations with state authorities as prescribed by law is appropriate. This not only serves as a basis for the state to manage the enterprise’s operations in accordance with the law but also as a basis to best protect the lawful rights of employees.

Le Vy

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