Draft regulations of enterprise self-assessment of the labor law compliance
September 25, 2018 Labor & Employment
Status: The collecting of comments has expired (from June 14, 2018 to August 14, 2018). According to the schedule, the Draft Circular will be presented to the Ministry Heads in October 2018 [click here to see the schedule].
Document proposed to be replaced: Decision No.02/2006/QD-BLDTBXH dated February 16, 2006 of the Minister of Labor, Invalids and Social Affairs promulgating the regulations of using to the forms of self-assessment of the labor law compliance.
Summary of contents
Click here to see full contents of this draft (in Vietnamese).
1.This Draft Circular provides guidance for self-assessment and reporting self-assessment results on the labor law compliance via the online platform. Employers must organize their self-assessment on their compliance with the labor law at their facilities at least once a year in order to assess the level of labor law compliance and to propose solutions for improving the compliance. The exact time for self-assessment is determined by the employers. Self-assessment period: from the first day in January of the preceding calendar year until the time of making the self-assessment.
2.Contents of the self-assessment of the labor law compliance include:
–The making of periodic reports;
–The recruitment and training of employees;
–Entering into labor contracts and the performance of labor contracts;
–Dialogue, negotiation and signing of collective labor agreements;
–Working hours and break time;
–Salary payments to employees;
–The organization and implementation of the regulations of occupational safety and hygiene;
–The implementation of regulations on female employees, elderly employees, underage employees, disabled employees, and foreign employees;
–The formation and registration of internal labor regulations; conducting labor discipline, and compensation for material responsibility;
–The compulsory participation in, and the monthly withholding of contributions for, social insurance, unemployment insurance, and health insurance for employees who are subject to participation;
–The resolution of disputes and complaints over labor matters;
–Other contents that the employers deem necessary.
3.The contents of self-assessment have been designated into self-assessment forms for each field of industry and trade published on the website of http://tukiemtraphapluatlaodong.gov.vn. The employers, based on their main field of industry and trade, shall select 01 or more self-assessment forms to utilize for self-assessment.
4.In the event that agencies, organizations, enterprises, or individuals fail to comply with the task of self-assessment and reporting in accordance with this Draft Circular, these shall be grounds for the State labor inspectorates to conduct unscheduled inspections or to include such violators into the list of ones subject to the inspection plan during the next year. It shall concurrently be an aggravating factor in deciding the penalty level for an administrative violation. If the consequences are serious enough, they will be liable to criminal prosecution and may be punished with other measures under the provisions of the law.
– Written by LE & TRAN | Vietnam’s Premier Business Litigation Firm
This insight is quoted from the Vietnam Labor Law Review (August – September 2018), you can download and read the full file on PDF file at here.