According to provisions of the Labor Code 2019 of Vietnam, enterprises are responsible to report periodically on changes of employees during operation. To clarify this regulation, the Government of Vietnam has issued the Decree No. 145/2020/NĐ-CP guilding the Labor Code 2019 of Vietnam on working conditions and labor relations.
Article table of contents
Specifically, according to Article 4 of the Decree No. 145/2020/NĐ-CP of Vietnam’s Government, declaration of employment status and periodic reports on changes of employees mentioned in Clause 2 Article 12 of the Labor Code 2019 of Vietnam are elaborated as follows:
1. The employer shall declare the employment status in accordance with the Government’s Decree No. 122/2020/ND-CP on single-window cooperation in processing applications for registration of enterprises, branches, representative offices; declaration of personnel; social insurance participation; use of invoices by enterprises.
2. The employer shall submit biannual reports (before June 05) and annual reports (before December 05) on changes of employees to the Provincial Department of Labor, War Invalids and Social Affairs through the National Public Service Portal according to Form No. 01/PLI in Appendix I hereof and send notifications to the social insurance authorities of the districts where the headquarters, branches and representative offices are located.
In case the employer cannot submit the report through the National Public Service Portal, physical reports (Form No. 01/PLI in Appendix I hereof) shall be sent to the Provincial Department of Labor, War Invalids and Social Affairs and the social insurance authorities of the districts where the headquarters, branches and representative offices are located.
Provincial Departments of Labor, War Invalids and Social Affairs shall update information in physical reports submitted by the employers and complete Form No. 02/PLI in Appendix I hereof.
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 of Vietnam 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.
In summary, according to the guidance in Decree No. 145/2020/NĐ-CP, enterprises are responsible for reporting periodically on changes of employees during operation before June 05 and December 05 every year. Reporting can be done in one of two ways:
(1) Through the National Public Service Portal;
(2) In case the employer cannot submit the report through the National Public Service Portal, physical reports shall be sent to the Provincial Department of Labor, War Invalids and Social Affairs.
In addition to reporting to the Provincial Department of Labor, War Invalids and Social Affairs, enterprises also have to report to the social insurance authorities of the districts where the headquarters, branches and representative offices are located. Report Form No. 01/PLI in Appendix I attached to the Decree No. 145/2020/NĐ-CP of Vietnam’s Government shall be used.
Thuy Tram
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- Decree No. 145/2020/NĐ-CP
