Labor regulations registration service in Vietnam

When operating a business, establishing and maintaining labor regulations in the employing unit is indispensable to maintaining labor order, and enterprise development. To ensure that labor regulations are applied appropriately and limit abuse of power by employers, the law stipulates the responsibility of the employing unit to register labor regulations. In the following, Viet An Law will provide the labor regulations registration service in Vietnam following the provisions of the law.

Legal basis

• Labor Code 2019;
• Decree 145/2020/ND-CP details and guides the implementation of several articles of the Labor Code on working conditions and labor relations;
• Decree 12/2022/ND-CP regulates sanctions for administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts;
• Decision 338/QD-LDTBXH of 2021 announcing new, amended, supplemented, and abolished administrative procedures in the field of labor and wages within the scope of State management functions of the Ministry of Labor, Invalids and Social Affairs.

What is labor regulation?

• Currently, the law does not stipulate the definition of labor regulations. It can be understood that internal labor regulations are internal documents issued by the employer, stipulating general rules of conduct appropriate to the specific characteristics of the employing unit that employees must comply with when participating in labor regulations.
• The employer must be responsible for promulgating labor regulations. If employing 10 or more employees, the labor regulations must be in writing. Labor regulations include main contents as prescribed in Clause 2, Article 118 of the Labor Code 2019.
• Before promulgating labor regulations, the employer must consult with the representative organization of employees at the facility where there is a representative organization of employees. Labor regulations must be notified to employees and the main contents must be posted in necessary places in the workplace.

Obligation of labor regulation registration

• According to Clause 1, Article 119 of the Labor Code 2019, employers employing 10 or more employees must register labor regulations at the specialized labor agency under the Provincial People’s Committee where the employer is registered business.
• Thus, if the employer employs 10 or more people, it must register its internal labor regulations. For units employing less than 10 people, it is not required to issue written labor regulations, so registration of labor regulations of these enterprises is not mandatory.
• Regulations on the registration of labor regulations at competent state agencies demonstrate the participation of state management in promulgating labor regulations to control compliance with the law of labor regulations and limit the abuse of power by employers that affects the legal rights of employees.

Authority to confirm

The authority to receive labor regulations registration documents is the specialized labor agency under the Provincial People’s Committee where the employer registers its business. Currently, the specialized labor agency under the Provincial People’s Committee is the Department of Labor, Invalids and Social Affairs.

In addition, according to Clause 4, Article 119 of the Labor Code 2019, the specialized labor agency under the Provincial People’s Committee can authorize the specialized labor agency under the District People’s Committee to carry out the registration of labor regulations according to regulations.

Dossier for registration of labor regulations

According to the provisions of Article 120 of the Labor Code 2019, the components of the labor regulations registration dossier include:

• Written request for registration of labor regulations;
• Labor regulations;
• Written comments from the grassroots employee representative organization for places where there is a grassroots employee representative organization;
• The employer’s documents contain regulations related to labor discipline and material responsibility (if any).

Procedures for registering labor regulations

The procedure for registering labor regulations is specifically guided in Section I.8, Appendix II of Decision 338/QD-LDTBXH, including the following steps:

Step 1: Apply to register labor regulations

Within 10 days from the date of promulgation of labor regulations, the employer prepares documents according to the provisions of law and submits them to the specialized labor agency under the Provincial People’s Committee or the agency. Labor expertise belongs to the district-level People’s Committee (authorized by the labor expertise agency under the provincial-level People’s Committee) where the employer registers its business.

Number of documents: 01 set.

How to do it: Follow one of the following methods:

• Apply through the online public service portal to the specialized labor agency under the Provincial People’s Committee or the specialized labor agency under the District People’s Committee (approved by the specialized labor agencyauthorized by the Provincial People’s Committee);
• Apply directly to the specialized labor agency under the Provincial People’s Committee or the specialized labor agency under the District People’s Committee (issued by the specialized labor agency authorized by the Provincial People’s Committee);
• Apply by post to the specialized labor agency under the Provincial People’s Committee or the specialized labor agency under the District People’s Committee (authorized by the Provincial People’s Committee).

Step 2: Processing documents

Within 07 working days from the date of receiving the application for registration of labor regulations, if it is discovered that the labor regulations contain illegal regulations, the specialized labor agency under the Provincial People’s Committee shall or the specialized labor agency under the district-level People’s Committee (authorized by the specialized labor agency under the provincial-level People’s Committee) notifies and guides the employer to amend, supplement, re-register labor regulations.

In case there is no request for amendment or supplement, after 15 days from the date the competent authority receives the dossier, the dossier will be considered valid and the labor regulations will begin to take effect.

Handling violations of labor regulation registration

According to the provisions of Clause 2, Article 19 of Decree 12/2022/ND-CP, employers who do not register labor regulations in accordance with the law may be subject to administrative penalties ranging from 5 million to 10 million VND. million dong. This penalty level also applies to cases where employees do not have written labor regulations when employing 10 or more employees or use labor regulations that are not yet effective or have expired.

Some notes on labor regulations registration

• Registration of labor regulations will not require payment of fees or charges.
• Employers with branches, units, production, and business establishments located in many different areas must send registered labor regulations to the labor agency under the Provincial People’s Committeewhere branches, units, production, and business establishments are located.

Labor regulations registration service of Viet An Law

• Consulting and assisting clients in drafting labor regulations or directly drafting labor regulations;
• Consulting and representing customers to carry out procedures for registering labor regulations at competent state agencies;
• Representing clients to work with competent authorities on related issues that arise.
• Consulting on labor law in business operations;
• Consulting and handling conflicts and labor disputes arising in business operations.

Clients who have related questions or need support regarding labor regulations registration service in Vietnam, please contact Viet An Law Firm for the best support.