Labor reports must be completed during the first 06 months of the year - Apolat Legal

Labor reports must be completed during the first 06 months of the year

Currently, during the first 6 months of the year, enterprises must submit some types of labor reports. To avoid facing administrative sanctions due to failure to submit or late submission of reports, enterprises should clearly understand the regulations on submission time, submission method, report form, and receiving competent authorities. Besides submitting reports on time, enterprises must also submit reports to all competent authorities under the law for the submission to be considered valid. Within the scope of this article, the author will explain 4 types of labor reports that enterprises will submit biannually in the first 6 months of the year. 

1. Report on employment-related changes 

Under Article 4.2 of Decree No.145/2020/ND-CP (amended and supplemented by Article 73.1 of Decree no. 35/2022/ND-CP and Article 49.1 Decree No. 10/2024/ND-CP); Article 8.2.c and Article 6.1 Decree No. 12/2022/ND-CP: 

  • Submission time: before June 5th. 
  • Submission method: 
    • Sending online via the National Public Service Portal. 
    • Sending directly or by post to competent authorities (in case unable to send the report online).
  • Report form: Form No. 01/PLI provided in Appendix I issued together with Decree No.145/2020/NĐ-CP.
  • Receiving competent authorities: 
    • Provincial-level Department of Labor, Invalids and Social Affairs where the enterprise’s head office is located;
    • The Management Board of the industrial park/the economic zone/ the hi-tech park (for enterprises having employees in the industrial park/the economic zone/ the hi-tech park); 
    • District-level social insurance agency where the enterprise’s head office is located. 
  • Legal consequences for failure to submit/late submission of reports: Fine from VND 10,000,000 to VND 20,000,000 (for enterprises). 

2. Report on employment of foreign employees 

Under Article 6 of Decree No. 152/2020/ND-CP; Article 32.1.a and Article 6.1 Decree No. 12/2022/ND-CP: 

  • Submission time: from June 15th to July 5th. 
  • Reported data: from December 15th of the previous reporting period to June 14th of the reporting period. 
  • Submission method:
    • Sending online via link or QR code provided by the Department of Labor, Invalids and Social Affairs. 
    • Sending directly or by post to competent authorities (in case link or QR code is not provided). 
  • Report form: Form No.07/PLI provided in Appendix I issued together with Decree No. 70/2023/NĐ-CP. 
  • Receiving competent authorities: 
    • Provincial-level Department of Labor, Invalids and Social Affairs where the enterprise’s head office is located;
    • Employment Department – Ministry of Labor, Invalids and Social (in case enterprises must obtain a work permit from the Employment Department) 
  • Legal consequences for failure to submit/late submission of reports: Fine from VND 2,000,000 to VND 6,000,000 (for enterprises). 

3. Report on the reality of occupational accident 

Under Article 24 Decree No. 39/2016/NĐ-CP; Article 20.3 and Article 6.1 Decree No. 12/2022/NĐ-CP: 

  • Submission time: before July 5th.
  • Submission method: Sending directly, via fax, email, or by post to the competent authority. 

If sending via fax, email or by post, the enterprise should contact the Department of Labor, War Invalids and Social Affairs for specific instructions. 

  • Report form: Appendix XII issued together with Decree No. 39/2016/ND-CP. 
  • Receiving competent authorities: Provincial-level Department of Labor, Invalids and Social Affairs where the enterprise’s head office is located. 
  • Legal consequences for failure to submit/late submission of reports: Fine from VND 10,000,000 to VND 20,000,000 (for enterprises). 

4. Report on occupational health 

Under Article 10 Circular No. 19/2016/TT-BYT: 

  • Submission time: before July 5th. 
  • Submission method: Sending directly to the competent authority. 
  • Report form: Appendix 8 issued together with Circular No.19/2016/TT-BYT. 
  • Receiving competent authorities: District-level health center where the enterprise’s head office is located.
  • Legal consequences for failure to submit/late submission of reports: There are currently no regulations on administrative sanctions for these activities. 

Enterprises should pay attention to the submission time because the administrative penalties for failure to submit and late submission are equal. 

 

Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Employment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.

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