Do enterprises face penalties for failing to report labor changes?

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Regarding Ms. Tram's question, the Editorial Board of THU KY LUAT provides the following clarification:

According to the current regulations in Clause 2, Article 16 of Circular 28/2015/TT-BLDTBXH, before the 3rd of each month, enterprises must notify the Employment Service Center where the business headquarters are located about the labor fluctuations within the unit if any (based on the Gregorian calendar of the previous month).

Previously, according to the provisions of Article 25 Decree 95/2013/ND-CP, businesses that failed to submit or delayed submitting reports on labor usage would be given a warning or fined from 500,000 VND to 1,000,000 VND.

However, this regulation was abolished in Clause 2, Article 2 of Decree 88/2015/ND-CP (amending and supplementing several articles of Decree 95/2013/ND-CP). To be specific:

"2. Abolish Point b Clause 2 Article 11 and Article 25 of Decree No. 95/2013/ND-CP dated August 22, 2013, of the Government of Vietnam on administrative penalties in the field of labor, social insurance, and sending Vietnamese workers abroad under contracts."

Thus, from November 25, 2015, there will be no basis for administrative penalties for the act of failing to submit or delaying the submission of labor usage reports by enterprises.

Currently, when Decree 28/2020/ND-CP officially took effect on April 15, 2020, continuing the regulations of Decree 95, this Decree continues to record administrative penalties for failing to submit or delaying the submission of labor usage reports by enterprises and significantly increases the penalty level for this act compared to Decree 95. To be specific, according to Article 7 of Decree 28, a fine ranging from 1,000,000 VND to 3,000,000 VND will be imposed on employers for any of the following acts:

- Failing to publicly announce recruitment results or announcing them after 5 working days from the recruitment result date;

- Failing to declare labor usage according to regulations with the Department of Labor - Invalids, and Social Affairs or the Department of Labor - Invalids, and Social Affairs (for employers in industrial zones) where the headquarters, branch, or representative office is located;

• - Failing to report labor changes to the Department of Labor - Invalids, and Social Affairs or the Department of Labor - Invalids, and Social Affairs (for employers in industrial zones) where the headquarters, branch, or representative office is located; *

- Collecting fees from workers participating in labor recruitment;

- Failing to create a labor management book; creating the book late, not ensuring the basic contents as prescribed by law; not recording or fully inputting workers' information into the labor management book when the labor contract takes effect; not updating information when changes occur in the labor management book.

Thus, from April 15, 2020, if an enterprise does not report labor changes to the Department of Labor - Invalids and Social Affairs where the headquarters, branch, or representative office is located, it will be fined up to 3,000,000 VND (before November 25, 2015, according to Decree 95, this fine was only up to 1,000,000 VND, and from November 25, 2015, to before April 15, 2020, this act was not fined).

Nguyen Trinh

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