Without internal labor regulations, are employers in Vietnam allowed to discipline employees?

Without internal labor regulations, are employers in Vietnam allowed to discipline employees? (Internet image) 

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

1. Are employers required to issue internal labor regulations in Vietnam?

Pursuant to Clause 1, Article 188 of the Labor Code 2019, regulations on internal labor regulations are as follows:

Every employer shall issue their own internal labor regulations. An employer that has at least 10 employees shall have written internal labor regulations.

At the same time, Clause 1, Article 69 of Decree 145/2020/ND-CP also stipulates that every employer shall issue their own internal labor regulations. An employer that has at least 10 employees shall have written internal labor regulations. Written regulations are not required if the employer has fewer than 10 employees but labor discipline and material responsibility must be included in the contents of the employment contracts.

Thus, promulgating labor regulations is a mandatory requirement for businesses.

If employing 10 or more employees, the employer must issue written labor regulations.

In case of employing less than 10 employees, the employer is not required to issue written labor regulations but must agree on the content of labor discipline and material responsibilities in the labor contract.

2. Without internal labor regulations, are employers in Vietnam allowed to discipline employees?

Article 127 of the Labor Code 2019 stipulates forbidden actions when imposing disciplinary measures in the workplace as follows:

- Harming the employee's health, life, honor or dignity.

- Applying monetary fines or deducting the employee’s salary wage.

- Imposing a disciplinary measure against an employee for a violation which is not stipulated in the internal labor regulations or employment contract or labor laws.

Thus, in case an enterprise does not have internal labor regulations but wants to handle labor discipline, it must be based on the agreement in the labor contract or the provisions of labor law.

3. Principles and procedures for taking disciplinary measures at work in Vietnam

According to Article 122 of the Labor Code 2019, the principles and procedures for taking disciplinary measures at work are as follows:

- Disciplinary measures against an employee shall be taken in accordance with the following regulations:

+ The employer is able to prove the employee’s fault;

+ The process is participated in by the representative organization of employees to which the employee is a member;

+ The employee is physically present and has the right to defend him/herself, request a lawyer or the representative organization of employees to defend him/her; if the employee is under 15 years of age, his/her parent or a legal representative must be present;

+ The disciplinary process is recorded in writing.

- It is prohibited to impose more than one disciplinary measure for one violation of internal labor regulations.

- Where an employee commits multiple violations of internal labor regulations, he/she shall be subjected to the heaviest disciplinary measure for the most serious violation.

- No disciplinary measure shall be taken against an employee during the period when:

+ The employee is taking leave on account of illness or convalescence; or on other types of leave with the employer’s consent;

+ The employee is being held under temporary custody or detention;

+ The employee is waiting for verification and conclusion of the competent agency for acts of violations, stipulated in Clause 1 and Clause 2 Article 125 of the Labor Code 2019;

+ The employee is pregnant, on maternal leave or raising a child under 12 months of age.

- No disciplinary measure shall be taken against an employee who commits a violation of internal labor regulations while suffering from the mental illness or another disease which causes the loss of consciousness ability or the loss of his/her behavior control.

- The Government shall provide for the principles and procedures for taking disciplinary measures at work.

Nguyen Ngoc Que Anh

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