INSTRUCTIONS FOR LABOR DECLARATION DOCUMENTS AS PROVISIONS

Declaration of employment status and periodic reports on changes of employees are tasks that enterprises must submit for the state to understand the employment situation of enterprises. If the enterprise fails to make the labour declaration or does not periodically report the status of change in labour according to regulations, it will have to pay an administrative fine. In this article, Lac Duy & Associates will guide readers on procedures and labour declaration documents.

1. Regulations on declaring the use of labour, periodically reporting on changes in labour

Declaration of employment status and periodic reports on changes of employees are specified in Article 4 of Decree 145/2020/ND-CP dated December 14, 2020 – Elaboration of some articles of the labour code on working conditions and labour relations (“Decree 145”):

• According to the provisions of Article 12 of the Labour Code 2019, the employer must declare the employment status within 30 days from the date of commencement of operation, and report periodically on changes of employees during operation to the local labour authority under the People’s Committee of the province and to the social security authority

However, according to the latest provisions in Article 10 of Decree No. 122/2020/ND-CP dated October 15, 2020 of the Government about single-window cooperation in processing applications for registration of enterprises, branches, representative offices; declaration of personnel; social insurance participation; use of invoices by enterprises, the enterprise does not need to submit the initial declaration of labour if it has already registered establishment of an enterprise in accordance with the enterprise registration application forms in Decree 122/2020/ND-CP. Because the enterprise registration application forms in Decree 122/2020/ND-CP already includes the content of the declaration of employment status.

Decree 122/2020/ND-CP takes effect from October 15, 2020. Thus, enterprises which registered from October 15, 2020 onward do not have to make an initial declaration since their operation, but only must periodically report twice a year.

• The employers must submit biannual and annual report on changes of employees to competent authority.

• Dispatching agency must submit biannual and annual report on labour dispatch to competent authority.

• Competent authority in report on employment includes District-level Departments of Labour, War Invalids and Social Affairs and Provincial Departments of Labour, War Invalids and Social Affairs where the headquarters, branches and representative offices are located.

• Instructions for the initial declaration of employment

•  The form of registration of labour utilization from the start

The form of registration of labour utilization from the start is currently used as Form 05 issued together with Circular 23/2014/TT-BLDTBXH dated August 29, 2014 providing instructions on the implementation of several articles of the government’s decree no.03/2014/NĐ-CP dated January 16, 2014 on providing the detail for implementing several articles of the Labour Code in respect of employments.

•         Procedure of the initial declaration of employment

The representative of the enterprise carrying out the procedures the initial declaration of employment needs to prepare documents including:

• A copy of the business registration certificate (01 copy);

• The declaration of the employments (03 copies);

• Introduction letter of the enterprise and the identity card of the individual carrying out the procedure.

After preparing all documents, he/she submits them to the District-level Departments of Labour, War Invalids and Social Affairs. Agency officials are responsible for checking the documents, if the documents is valid, they will write an appointment to return the results. If it is not valid, they will instruct for in charged person to complete and supplement. The result of successful declaration will be issued two copies with the signature and stamp of the District-level Departments of Labour, War Invalids and Social Affairs

•  Introduction for periodic declaration of employment

•  Time of periodic declaration of employment

According to the provisions of Article 4 of Decree 145, enterprises must periodically declare their employment as follows:

• Biannual period: before June 5 every year;

• Annual period: before December 5 every year.

•  Form of periodic declaration of employment

The form of periodic declaration of employment is currently used as Form No. 01/PLI in Appendix I of Decree 145/2020/ND-CP

•  Procedure of periodic declaration of employment

Enterprises declare to the Department of Labour – Invalids and Social Affairs through the National Public Service Portal and send notifications to the social insurance authorities of the districts where the headquarters, branches and representative offices are located.

In case the employer is unable to report the change of labour through the National Public Service Portal, he/she must send it to the Department of Labour, War Invalids and Social Affairs and send notifications to the social insurance authorities of the districts where the headquarters, branches and representative offices are located.

The Department of Labour, War Invalids and Social Affairs is responsible for summarizing the change in labour in case the employer sends a paper report to update the information fully.

The above are the provisions of the current law on declaration of employment and periodic report on employee. In case you need detailed information or other information in a related field, readers can contact Lac Duy & Associates for timely advice and support.