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Labor declaration is a responsibility that employers must carry out to ensure management by competent state agencies. Enterprises that do not declare labor according to regulations may be subject to administrative sanctions. See Long Phan’s article below to understand the legal regulations to avoid unnecessary fines from occurring.
Pursuant to Clause 2, Article 12 of the Labor Code 2019, employers must declare the use of labor within 30 days from the date of commencement of operations and even during operations if there are any changes. Changes in the labor situation must also be periodically reported to the Department of Labor, War Invalids and Social Affairs (DOLISA) and notify the social insurance agency to update.
Reporting on labor use is one of the obligations of employers specified in Article 4 of Decree 145/2020/ND-CP and a number of regulations amended by Clause 1, Article 73 of Decree 35/ 2022/ND-CP. Accordingly, employers declare their employment according to Decree No. 122/2020/ND-CP dated October 15, 2020:
First-time labor declaration: If the enterprise was established after October 15, 2020, it is not necessary to register for the first labor employment declaration because from October 15, 2020, when the enterprise wants to register its Setting up a business requires them to use the business registration application form Decree No. 122/2020/ND-CP. This new registration form includes labor declaration content. This is considered a form of coordinated document, connecting procedures for registering a business and declaring the use of labor, so businesses do not need to declare for the first time.
Periodic labor declaration: Employers must report labor changes to the Department of Labor, Invalids and Social Affairs periodically every 6 months (no later than June 5) and annually (no later than December 5) in the form :
The Department of Labor, War Invalids and Social Affairs is responsible for summarizing the situation of labor changes in case the employer sends it directly to fully update information according to Form No. 02/PLI, Appendix I issued attached to Decree Decree 145/2020/ND-CP amended by Decree 35/2022/ND-CP.
After receiving reports on the labor use situation in the area, the Department of Labor, Invalids and Social Affairs is responsible for reporting to the Ministry of Labor, Invalids and Social Affairs periodically (before June 15) and annually (before December 15) for approval. National Public Service Portal or send in paper copy according to Form No. 02/PLI Appendix I issued with Decree Decree 145/2020/ND-CP amended by Decree 35/2022/ND-CP.
According to Article 8 of Decree 12/2022/ND-CP, an enterprise violates labor use declaration when it commits one of the following acts:
Penalties for violating regulations on labor use declaration will be handled according to the provisions in Article 6 and Article 8 of Decree 12/2022/ND-CP:
Note: The above fine has been doubled for violations by businesses (organizations).
Pursuant to Point b, Clause 2, Article 48 of Decree 12/2022/ND-CP stipulates:
“2. The Chairman of the District People’s Committee has the right to:
a) Caution;
b) Fine up to 37,500,000 VND for administrative violations in the field of labor and social insurance specified in Chapter II and Chapter III of this Decree, except for violations specified in Clause 3, Article 32 of this Decree;”.
The People’s Committee at the district level manages enterprises in the district. Depending on the assigned functions and tasks, the People’s Committee at the district level directs the specialized agencies under it and the People’s Committees of districts, towns to perform the task of state management of enterprises and business households in the area. Therefore, when violations occur, the Chairman of the People’s Committee at the district level takes the lead in organizing the handling.
Thus, the act of not reporting the use of labor falls within the sanctioning authority of the Chairman of the People’s Committee at the district level and the sanction for this act is smaller than the fine that the Chairman of the People’s Committee at the district level is allowed to impose. Therefore, the Chairman of the People’s Committee at the district level has the authority to impose administrative sanctions when the employer fails to report the use of labor in accordance with the provisions of the law.
Labor declaration is one of the procedures that need to be carried out when a business starts operating. The act of not declaring labor by an enterprise will cause unnecessary problems for the enterprise. To solve the above problem, Long Phan will support and provide customers with the following services:
Thus, labor declaration is a mandatory procedure for businesses. To avoid administrative sanctions, your business needs to promptly grasp the regulations on labor reporting. For more detailed information, you can contact the hotline 0906735386 for the fastest response.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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