Labor Regulation Sample in Vietnam

Based on Article 118 of the Labor Code 2019, labor regulations are understood as documents issued by the employer. To ensure the rights and interests of the parties in the labor relationship and to support effective management, employers typically develop and issue labor regulations. When participating in a labor relationship at a facility or organization, employees are responsible for complying with the working regulations that have been communicated. In the article below, Viet An Law will provide information about labor regulation sample in Vietnam.

Conditions for labor regulation sample in Vietnam to take effect

For the best assessment, please contact Viet An Law via hotline (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat) to ensure the labor regulation is complied with the current law.

Internal Labor Regulations

At present, the law does not prescribe a standard template for working regulations. To receive a sample of labor regulation sample in Vietnam drafted by Viet An Law, please contact us via hotline (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat) to the best support.

The main contents of internal labor regulations

According to Clause 2, Article 118 of Labor Code 2019 and Clause 2, Article 69 of Decree 145/2020/NĐ-CP, internal labor regulations contain many important provisions, particularly including basic clauses:

Working hours and rest periods

• Normal working hours in a day, in a week; work shifts;
• Working hours during special occasions;
• Start time and end time of work shifts;
• Overtime; overtime in special cases;
• Timing of breaks outside the mid-shift break;
• Breaks between shifts; daily breaks, weekly breaks, annual leave; personal leave, unpaid leave;..

Working rules

• Regulations on the scope of work and movement during working hours;
• Code of conduct and dress code;
• Compliance with the employer’s assignments and directives;
• Cases where employees may be temporarily reassigned to work different from their labor contract;
• Grounds for reassignment, reassignment procedures, duration, and the rights of employees during the reassignment period.

Occupational safety and health

• Regulations on measures to ensure occupational safety and health, sanitation, and disinfection at the labor;
• Regulations on the responsibility to comply with safety, health, and fire prevention rules, regulations, and procedures;
• Use and maintenance of personal protective equipment and other occupational safety and health equipment at the labor.

Regulations on the prevention and combat of sexual harassment

Employers establish regulations on the prevention and combat of sexual harassment according to Article 85 of Decree No. 145/2020/ND-CP, specifically:

• Prohibition of sexual harassment at the labor;
• Detailed regulations on specific acts of sexual harassment in the labor, tailored to the nature and characteristics of the work and the labor;
• Responsibilities, deadlines, procedures, and internal handling of sexual harassment at the labor, including responsibilities, deadlines, procedures for complaints, denunciations, and resolution of complaints and denunciations, as well as related regulations;
• Forms of disciplinary action against individuals who commit sexual harassment or falsely accuse others, corresponding to the nature and severity of the violation;
• Compensation for victims and measures to remedy the consequences.

Protection of the assets technological and business secrets and intellectual property of the employers

• Regulations on the list of assets, documents, technological secrets, business secrets, and intellectual property; and the types of assets, documents, materials, and data within the scope of responsibility assigned for each type of work
• Regulations on responsibilities and measures that are applied to protect assets, secrets;
• Regulations on acts of infringement on assets and secrets; and settlement;

Regulations on taking disciplinary measures at work

• Regulations on disciplinary violations, the severity of violations, and the corresponding forms of disciplinary action;
• Authority to take disciplinary measures: the person has the competence to conclude employment contracts on behalf of the employer or a person designated in the working regulations

Material Responsibility

• Regulations on cases must compensate for damages caused by damaging tools, equipment, or property; losing tools, equipment, or assets; or consuming the materials beyond the set limits;
• The amount of compensation corresponding to the level of damage;
• The person has the power to handle compensation for damages

Other issue of concerns

• Regulations on employees’ attire, demeanor, and work attitude.
• Regulations on the use of equipment, machinery, and materials by employees

In what cases must an employer promulgate labor regulations?

According to Clause 1, Article 118 of the Labor Code 2019, an employer must promulgate labor regulations if employing 10 or more employees; in this case, the regulations must be in writing. If using fewer than 10 employees, promulgating written labor regulations is not mandatory, but the employer is still required to establish labor regulations.

What documents are required for the application to register the internal labor regulations?

According to Article 120 of the Labor Code 2019, the application for registration of the internal labor regulations includes:

• A registration request for labor regulations in the form prescribed by the Ministry of Labor, Invalids, and Social Affairs;
• Labor regulations agreed upon and signed by the employer and, if applicable, the representative organization of the employees at the facility;
• Feedback from the representative organization of employees at the facility, where such an organization exists;
• Any documents from the employer related to labor discipline and material responsibility (if applicable).

Administrative penalties for violations of labor regulations?

According to Point b, Clause 2, Article 19 of Decree No. 12/2022/ND-CP, employers will be fined between 5,000,000 VND and 10,000,000 VND in the following cases: not having written labor regulations when employing 10 or more employees; failing to register labor regulations as required by law; not consulting with the employee representative organization at the facility, where such an organization exists, before issuing or amending labor regulations; or using labor regulations that are not in effect or have expired. The fine for organizations is twice the amount of the individual fine.

If you have any questions or need advice regarding labor regulation sample in Vietnam, or advice on labor contract, please contact Viet An Law Firm for the best support