17 Key Labor Procedures Mandatory For Employers From 1 January 2021

Asia Legal

3rd March 2021

The Vietnamese government has strengthened labour regulation and reporting with 17 important changes to labour procedures to which employers must adhere covering all aspects of the employment relationship including assessment, social insurance, pay scales, internal labor regulations, and collective bargaining.

LEGAL BASIS

Labor Code No. 45/2019/QH14, issued on 20 November 2019 (“Labor Code 2019”);

Law on Trade Union No. 12/2012/QH13, issued on 20 June 2012 ("Law on Trade Union 2012");

Law on Occupational Safety and Sanitation No. 84/2015/QH13, issued on 25 June 2015 ("Law on Occupational Safety and Sanitation 2015");

Law on Social Insurance No. 58/2014/QH13, issued on 20 November 2014 ("Law on Social Insurance 2014");

Decree No. 28/2020/ND-CP issued by the Government regulating the sanctioning of administrative violations in the field of labor, social insurance, sending Vietnamese workers to work abroad under contracts ("Decree 28/2020");

Decree No. 145/2020/ND-CP issued by the Government detailing and guiding the implementation of a number of articles of the labor code on working conditions and labor relations ("Decree 145/2020");

Decree No. 152/2020/ND-CP issued by the Government regulating the foreign workers working in Vietnam and the recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam ("Decree 152/2020");

Decree No. 191/2013/ND-CP issued by the Government detailing the trade union finance ("Decree 191/2020");

Decree No. 122/2020/ND-CP issued by the Government regulating the coordination and continuity of procedures for enterprise establishment registration, branches and representative offices, reporting on the use of labor, and issuing codes for units participating in social insurance, registering to use corporate invoices ("Decree 122/2020");

Decree No. 95/2013/ND-CP issued by the Government on penalties for administrative violations in the field of labor, social insurance and sending Vietnamese workers to work abroad under contracts ("Decree 93/2013");

Decree No. 39/2016/ND-CP issued by the Government detailing the implementation of a number of articles of the Law on Occupational Safety and Sanitation ("Decree 39/2016");

Decree No. 28/2015/ND-CP issued by the Government detailing the implementation of a number of articles of the Employment Law on unemployment insurance; ("Decree 28/2015");

Decree No. 61/2020/ND-CP issued by the Government amending and supplementing a number of articles of the Government's Decree No.28/2015/ ND-CP dated March 12, 2015, detailing the implementation of a number of articles of Employment Law on unemployment insurance ("Decree 61/2020");

Decree No. 135/2020/ND-CP issued by the Government regulating the retirement age ("Decree 135/2020");

Decree No. 49/2013/ND-CP issued by the Government detailing the implementation of a number of articles of the Labor Code regarding wages ("Decree 49/2013");

Decree No. 98/2014/ND-CP issued by the Government on the establishment of political organizations, socio-political organizations in enterprises of all economic sectors (“Decree 98/2014”);

Circular No. 23/2014/TT-BLDTBXH issued by the Ministry of Labor, Invalids and Social Affairs guiding the implementation of a number of articles of Decree No.03/2014/ND-CP ("Circular 23/2014");

Circular No. 29/2015/TT-BLDTBXH issued by the Ministry of Labor, Invalids and Social Affairs guiding the implementation of a number of articles on collective bargaining, collective labor agreement and labor dispute resolution specified in Decree No. 05/2015 / ND-CP (“Circular 29/2015”);

Circular No. 10/2020/TT-BLDTBXH issued by the Ministry of Labor, Invalids and Social Affairs detailing and guiding the implementation of a number of articles of the labor code regarding the contents of the labor contract, the collective bargaining council and occupations that adversely affect reproductive functions and child rearing (“Circular 10/2020”);

Circular No. 07/2016/TT-BLDTBXH issued by the Ministry of Labor, Invalids and Social Affairs on a number of contents to organize the implementation of occupational safety and sanitation for production and business facilities (“Circular 07/2016 “);

Circular No. 17/2018/TT-BLDTBXH issued by the Ministry of Labor, Invalids and Social Affairs, providing for self-inspection of enterprises’ implementation of the labor laws (“Circular 17/2018”);

Circular No. 28/2015/TT-BLDTBXH issued by the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Article 52 of the Law on Employment and a number of articles of Decree No.28/2015/ND-CP (“Circular 28/2015”);

Circular No. 40/2016/TT-BLDTBXH issued by the Ministry of Labor, Invalids and Social Affairs guiding the implementation of a number of articles of Decree 11/2016/ND-CP (“Circular 40/2016”);

Decision No. 595/QD-BHXH issued by the Ministry of Labor, Invalids and Social Affairs guiding the collection process of social insurance, health insurance, unemployment insurance, occupational accident and disease insurance; issue social insurance books, health insurance cards (“Decision 595”).

Please Login or Register for Free now to view all updates and articles

Login Sign Up

In addition to free-to-view updates and articles, you can also subscribe to the full Legal Centrix Vietnam Service including access to:

Overview notes on the law
Thousands of high quality translations of legislation covering all key business areas
Legal and tax updates
Articles on important legal and tax issues
Weekly email alerts
Sophisticated web platform and search

Legal Centrix is trusted by top law and accounting firms.

Asia Legal

Vietnam
http://asialegal.vn

Asia Legal is a Vietnamese full service business and legal consulting firm providing creative and practical solutions for navigating both legal and commercial practices with local insight.

We combine deep local knowledge with international standards of expertise to provide local and international clients with quality advice and consultancy services in a wide range of practice areas including inward investment, M&A, mining and energy, employment and labour, property and construction, international trade, intellectual property and dispute resolution.

At Asia Legal, we usually try our best to get to know the Clients’ business so as to fully understand their business, and work out the best solutions to help the Clients achieve their goals, using our legal and advisory expertise, commercial savvy and strong relationships with government authorities.

We also understand the Client’s need for quality commercial legal services with ease of communication. Our team consists of highly trained and experienced lawyers who have local understanding and international expertise, to meet the Client’s needs.

We are proud of being the market leader in providing smart and effective consulting solutions in Vietnam. Asia Legal is absolutely the Client’s choice for high quality service and result–oriented performance.

Click here to view the author's profile

17 Key Labor Procedures Mandatory For Employers From 1 January 2021

Asia Legal

3rd March 2021

Asia Legal

Author

Related Content

Tags

Recent updates

Useful Links

Contact Us