What is self-inspection? Activities subject to self-inspection in Vietnam

What is self-inspection? Activities subject to self-inspection in Vietnam (Internet image)

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

1. What is self-inspection?

According to Clause 1, Article 3 of Circular 17/2018/TT-BLDTBXH, self-inspection of compliance with the labor law (hereinafter referred to as “self-inspection”) refers to self collection, analysis and evaluation of compliance with provisions of the labor law performed by employers in their own production or business facilities.

2. Activities subject to self-inspection in Vietnam

Activities subject to self-inspection in Vietnam according to Article 5 of Circular 17/2018/TT-BLDTBXH are as follows:

- Activities subject to self-inspection include:

+ Periodic reporting;

+ Employee recruitment and training;

+ Signing and execution of labor contract;

+ Communication, negotiation and signing of collective labor agreements;

+ Working hours and rest hours;

+ Payment to employees;

+ Organization and performance of occupational safety and health activities;

+ Compliance with regulations applied to female labors, elderly labors, child labors, disabled labors and foreign labors

+ Formulation and registration of labor rules, labor discipline and physical compensation;

+ Participation in compulsory social insurance, unemployment insurance and health insurance, and monthly insurance payment;

+ Handling of labor-related disputes and complaints;

+ Other necessary activities

- Self-inspection matters shall be provided in the self-inspection note according to the business field registered on the website.  The employer shall select one or more than one self-inspection note based upon his/her main working field. 

3. Obligations of employers in self-inspection in Vietnam

Obligations of employers in self-inspection in Vietnam according to Article 8 of Circular 17/2018/TT-BLDTBXH are as follows:

- Conduct self-inspection of compliance with the labor law as prescribed in Circular 17/2018/TT-BLDTBXH.  The employer must register an account and make a report on the self-inspection result on the website as required and guided by the state inspection agency for labor affairs.

- Take legal responsibility for honesty and accuracy of the online report on the self-inspection result and prepare the report on schedule as required by the state management agency for labor affairs.

- Cooperate with the labor union in implementing recommendations of the state inspection agency for labor affairs according to the online report on the self-inspection result and provide representation as required by the competent authority or competent person.

4. Reporting self-inspection results in Vietnam

Article 7 of Circular 17/2018/TT-BLDTBXH sts reporting self-inspection results as follows:

- The employer shall cooperate with the labor union in preparing an online report on the self-inspection result as required in written by the state inspection agency for labor affairs.

- The enterprise, including its branches and offices located in local areas and construction entities must send an online report on the self-inspection result to their supervisory authorities and Inspectorate of the Department of Labor, War Invalids and Social Affairs in places where their branches and offices or the construction entities operate.

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