Businesses, accountants, and human resources need to know

Please ask about the regulations on reporting the 2023 labor situation that businesses, accountants, and human resources need to know? - Reader Thanh Thao

Báo cáo tình hình sử dụng lao động 2023: Doanh nghiệp, kế toán, nhân sự cần biết

Regulations on reporting on labor usage situation

Pursuant to Clause 2, Article 12 of the 2019 Labor Code, employers are responsible for declaring labor use within 30 days from the date of commencement of operation, periodically reporting changes in labor during operation to the specialized labor agency under the Provincial People's Committee and notifying the social insurance agency.

Thus, enterprises are responsible for periodically reporting the situation of labor use to the specialized labor agency under the provincial People's Committee and notifying the social insurance agency during the operation.

Deadline for reporting on labor usage situation

Pursuant to Article 4 of Decree 145/2020/ND-CP and Clause 1, Article 73 of Decree 35/2022/ND-CP, the deadline for periodic reporting on the labor use situation of enterprises is as follows:

(1) Every 6 months (before June 5) and annually (before December 5), employers must report changes in labor to the Department of Labor, War Invalids and Social Affairs via the National Public Service Portal according to Form No. 01/PLI Appendix I issued with Decree 145/2020/ND-CP and notify the district-level social insurance agency where the headquarters, branches and representative offices are located.

DOWNLOAD	LABOR USE STATUS REPORT FORM - FORM 01

DOWNLOAD

LABOR USE STATUS REPORT FORM - FORM 01

In case the employer cannot report the labor change situation through the National Public Service Portal, he/she must send a paper report according to Form No. 01/PLI Appendix I issued with Decree 145/2020/ND-CP to the Department of Labor - Invalids and Social Affairs and notify the district-level social insurance agency where the headquarters, branch, or representative office is located.

For employees working in industrial parks and economic zones, employers must report changes in labor to the Department of Labor, War Invalids and Social Affairs, the district-level social insurance agency where the headquarters, branches, representative offices are located, and the Management Board of industrial parks and economic zones for monitoring.

The Department of Labor, War Invalids and Social Affairs is responsible for synthesizing changes in the labor situation in case the employer sends a paper report to fully update information according to Form No. 02/PLI Appendix I issued with Decree 145/2020/ND-CP.

DOWNLOAD	LABOR USE STATUS REPORT FORM - FORM 02

DOWNLOAD

LABOR USE STATUS REPORT FORM - FORM 02

(2) Every 6 months, before June 15 and every year, before December 15, the Department of Labor, War Invalids and Social Affairs is responsible for reporting to the Ministry of Labor, War Invalids and Social Affairs on the labor usage situation in the area through the National Public Service Portal according to Form No. 02/PLI Appendix I issued with Decree 145/2020/ND-CP.

In case the Department of Labor, War Invalids and Social Affairs cannot report the labor usage situation through the National Public Service Portal, it shall send a paper report to the Ministry of Labor, War Invalids and Social Affairs according to Form No. 02/PLI Appendix I issued with Decree 145/2020/ND-CP.

Regulations on establishing labor management books

Pursuant to Article 3 of Decree 145/2020/ND-CP, the establishment, updating, management and use of labor management books are regulated as follows:

- Within 30 days from the date of commencement of operation, the employer must establish a labor management book at the headquarters, branch, and representative office.

- The labor management book is made in paper or electronic form but must ensure basic information about the employee, including: full name; gender; date of birth; nationality; place of residence; citizen identification card number or identity card or passport; technical expertise; vocational skill level; job position; type of labor contract; starting time of work; participation in social insurance; salary; promotion, salary increase; number of days off in the year; overtime hours; vocational training, training, fostering, improving vocational skills; labor discipline, material responsibility; occupational accidents, occupational diseases; time of termination of labor contract and reasons.

- The employer is responsible for displaying and updating the above information from the date the employee starts working; managing, using and presenting the labor management book to the labor management agency and relevant agencies upon request in accordance with the provisions of law.

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