1. When Must Enterprises Register Internal Labor Regulations?
Internal Labor Regulations (ILR) are a set of general conduct rules established to regulate the behavior of employees and employers in labor relations. These regulations serve as the basis for reprimanding or disciplining employees.
Pursuant to Clause 4, Article 118 of the Labor Code 2019, internal labor regulations must be communicated to employees, and their key contents must be posted in necessary locations at the workplace.
Employers with 10 or more employees are required to register their ILR with the specialized labor authority under the People’s Committee at the provincial level where the employer is registered to conduct business. The registration must be completed within 10 days from the date the ILR is issued.
Enterprises that are required to register their ILR but fail to do so may face administrative penalties.
2. Penalties for Failure to Register Internal Labor Regulations
According to Clause 2, Article 18 of Decree 12/2022/NĐ-CP on administrative penalties in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts, the following provisions apply:
A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer who commits one of the following acts:
a) Failing to have written internal labor regulations when employing 10 or more employees;
b) Failing to register internal labor regulations as required by law;
c) Failing to consult with the representative organization of employees at the workplace, where such an organization exists, before issuing or amending internal labor regulations;
d) Using internal labor regulations that are not yet effective or have expired;
e) Disciplining employees or claiming compensation for damages in a manner that does not comply with the prescribed procedures or time limits under the law;
f) Suspending an employee from work beyond the time limit prescribed by law;
g) Failing to consult with the representative organization of employees at the workplace, of which the employee under consideration for suspension is a member, before suspending the employee.
Thus, enterprises that are required to register their ILR but fail to do so with the competent authority may be fined up to VND 10,000,000.
Note: Pursuant to Article 6 of Decree 12/2022/NĐ-CP, the above fine applies to individuals. For organizations, the fine is doubled.
Disclaimer:
This article is intended for informational purposes only and does not constitute legal advice from HTH & Partners. The content represents the views of HTH & Partners and is subject to change without prior notice.
The legal provisions referenced in this article were valid at the time of publication but may have been amended or repealed by the time of reading. We strongly recommend consulting a qualified legal professional before applying any information contained herein.
