After the establishment of the company in Vietnam, every year, the employer will need to submit some types of labor reports to the competent authorities. Each compliance officer of enterprises could comply or have labour compliance lawyer in Vietnam hired for advising or assisting in this procedures.
This is a mandatory submissions in Vietnam that the enterprises must perform so as the authorities could follow up and undertake the governance in terms of labour law compliance in Vietnam.
For reporting the labor situation, according to the provisions of Article 16 of Circular 28/2015/TT-BLDTBXH on notification of labor changes, within 30 days from the date of establishment, the employer must notify with the Employment Service Center where the head office is located about the number of working employees.
Every month before the 3rd, the employer must notify the Employment Service Center about the change of employees working at the unit, if any. In case the employer reduces from 50 employees or more, a notification should be sent to the Employment Service for timely advice and support. In addition, before January 15 of each year, employees also need to send a report to the Department of Labor, War Invalids and Social Affairs on the state of participation in unemployment insurance of the previous year.
For enterprises employing foreign workers, before July 5 and January 5 of the following year, the foreign employer must report the first 6 months of the year and annually on the situation of using foreign workers in Vietnam.
The report of foreign workers in Vietnam should cover information of i) number of foreign workers in Vietnam; ii) nationality of foreign workers in Vietnam; iii) average salary level of foreign workers in Vietnam; iv) positions of foreign workers in Vietnam, being foreign managers, foreign directors, foreign experts, foreign high-tech workers; v) work permits in Vietnam, being new work permits, re-issued work permits, extended work permits; vi) type of companies to work in Vietnam, being state-owned company or foreign owned company in Vietnam or others.
Regarding the occupational accident and occupational health situation at the enterprise, the employer must send a summary report on the situation of occupational accidents of employee in Vietnam to the Department of Labor, War Invalids and Social Affairs at the place where the head office is located and send the report to the health center of the district, town or provincial city where the head office of the labor establishment is located before July 5 of each year for the first 6 months of the year report and before the January 10 of the following year for the annual report. This report may be sent in person, by fax, by post or by email.
Regarding statistics and reports on occupational safety and health, the employer must report on the work of occupational safety and health on an annual basis to the Department of Labor, War Invalids and Social Affairs. Association, Department of Health before January 10 of the following year as prescribed in Clause 2, Article 10 of Circular 07/2016/TT-BLDTBXH.
Labour compliance lawyer in Vietnam would assist the businesses to follow with changes in law and provide the client with updates in developments. By periodic deadlines, the labour lawyer would help advise the HR personnel or company managers on report forms, contents, deadlines to follow and submit. Having complied with labour laws in Vietnam would help the enterprise to avoid administrative sanctions from authorities. At the same time, the employee would find the company follow the labour laws and hence make the working environment on par with the labour regulations.
We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.
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You could learn more about ANT Lawyers Labour lawyers in Vietnam or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529
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