Latest employee book form in Vietnam

Latest employee book form in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Responsibility of an employer for employee management in Vietnam

According to Article 12 of the Labor Code 2019, responsibility of an employer for employee management include:

- Prepare, update, manage, use the physical or electronic employee book and present it to the competent authority whenever requested.

- Declare the employment status within 30 days from the date of commencement of operation, and report periodically on changes of employees during operation to the local labor authority under the People’s Committee of the province (hereinafter referred to as “provincial labor authority") and to the social security authority.

Thus, regarding the employee book, the employer is responsible for preparing, updating, managing and using the physical or electronic employee book and presenting it to the competent authority whenever requested

2. Regulations on employee books in Vietnam

According to Article 3 of Decree 145/2020/ND-CP, The preparation, update, management and use of employee books are elaborated as follows:

- Within 30 days from the inauguration date, the employer shall make employee books at the headquarters, branches and representative offices.

- The employee book may be a physical or electronic book and must contain basic information about each employee, including:

+ Full name,

+ Gender,

+ Date of birth,

+ Nationality,

+ Residence,

+ Id/passport number,

+ Professional qualifications,

+ Vocational qualification level,

+ Work position,

+ Type of employment contract,

+ Starting date;

+ Social insurance participation,

+ Salary,

+ Promotion and pay rise;

+ Annual leave;

+ Overtime hours;

+ Training;

+ Violations, material responsibility,

+ Occupational accidents, occupational diseases,

+ Date of employment contract termination and reasons for termination.

- The employer shall enter and update the information specified above from the day on which the employees starts to work; manage, use and present the employee book to labor authorities and relevant authorities when requested as per regulations.

3. Latest Employee book form in Vietnam

For the Employee book, you can refer to the following form:

Employee book form​

4. Rights and obligations of employers in Vietnam

The rights and obligations of employers according to Article 6 of the Labor Code 2019 are as follows:

* An employer has the rights to:

- recruit, arrange and manage and supervise employees; give commendation and take actions against violations of internal labor regulations;

- establish, join and operate in employer representative organization, occupational associations and other organizations in accordance with law;

- request the representative organization of employees to negotiate the conclusion of the collective bargaining agreement; participate in settlement of labor disputes and strikes; discuss with the representative organization of employees about issues related to labor relations and improvement of the material and spiritual lives of employees;

- temporarily close the workplace;

- exercise other rights prescribed by law.

* An employer has the obligations to:

- implement the employment contracts, collective bargaining agreement and other lawful agreements with employees; respect the honor and dignity of employees;

- establish a mechanism for and hold dialogue with the employees and the representative organization of employees; implement the regulations on grassroots-level democracy;

- Provide basic training and advanced training in order to help employees improve their professional skills or change their occupations;

- implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health; develop and implement solutions against sexual harassment in the workplace;

- Participate in development of the national occupational standards, assessment and recognition of employees’ professional skills.

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