Consulting on labor law – the importance of archiving and registering internal labor regulations

1. Mandatory nature and requirements for the promulgation and registration of internal labor regulations  

1.1 Mandatory promulgation and registration of internal labor regulations    

Pursuant to Clause 1, Article 118 of the 2019 Labor Code, as further specified in Clause 1, Article 69 of Decree No. 145/2020/NĐ-CP (“Decree 145/2020”), enterprises shall promulgate internal labor regulations in the following cases: 

• Employer that has at least 10 employees: Shall have written internal labor regulations 

• Employer has fewer than 10 employees: Written regulations are not required but labor discipline and material responsibility must be included in the contents of the employment contracts.. 

Thereafter, pursuant to Clause 2, Article 119 of the Labor Code 2019, within ten (10) days from the date of promulgation of the internal labor regulations, the employer shall submit a dossier for the registration of internal labor regulations.  

1.2 Requirements for the promulgation of internal labor regulations   

Pursuant to Clauses 3 and 4, Article 118 of the Labor Code 2019, as further specified in Clauses 3 and 4, Article 69 of Decree 145/2020, enterprises shall comply with the following obligations upon promulgating internal labor regulations: 

• Before issuing or revising the internal labor regulations, the employer shall consult with the internal employee representative organization (if any) in accordance with Clause 1 Article 41 of this Decree. 

• The issued labor regulations shall be sent to every internal employee representative organization (if any) and all employees. Primary contents of internal labor regulations shall be publicly posted where necessary at the workplace. 

2. Primary contents of internal labor regulations  

Pursuant to Clause 2, Article 118 of the Labor Code 2019, as guided by Clause 2, Article 69 of Decree 145/2020, internal labor regulations shall include the following primary contents in order to ensure compliance with applicable law and to protect the lawful rights and interests of both enterprises and employees:  

• Specific working hours, rest periods in 01 day, 01 week; work shifts; beginning and ending time of shifts; overtime work (if any); special cases of overtime work; extra rest breaks; breaks between shifts; weekly days off; annual leave, personal leave, unpaid leave; 

• Workplace order; work area, movement during working hours; code of conduct; dress code; compliance to job assignment by the employer; 

• Occupational hygiene and safety in the workplace: responsibility to comply with rules and regulations, procedures and measures for assurance of occupational hygiene, occupational safety and fire safety; use and preservation of personal safety equipment and other equipment serving assurance of occupational hygiene and safety at the work place; cleaning, decontamination and disinfection at the workplace; 

• The employer’s regulations on preventing and combating sexual harassment in the workplace; procedures for taking actions against sexual harassment in the workplace as prescribed in Article 85 of this Decree; 

• Protection of the employer’s assets, business secrets, technological secrets and intellectual property: A list of assets, documents, technological secrets, business secrets, intellectual property; responsibility, measures for protection thereof; definition of infringements upon these assets and secrets; 

• Specific cases in which employees may be temporarily reassigned against their employment contracts according to Clause 1 Article 29 of the Labor Code; 

• Specific employees’ violations and corresponding disciplinary actions; 

• Material responsibility: Cases in which the employee has to pay compensation for causing damage to or losing tools, instruments or assets; exceeding material consumption limits; compensation levels in proportion to the damage caused; persons having the power to claim compensation; 

• Persons having the power to take disciplinary actions: persons having the power to conclude employment contracts on behalf of the employer as prescribed in Clause 3 Article 18 of the Labor Code or specific persons specified in the internal labor regulations. 

In addition to the above-mentioned internal labor regulations, the employer may stipulate other provisions. However, in order to ensure the legality of the internal labor regulations, such provisions shall not be contrary to labor laws or other relevant laws.   

3. Procedures for the registration of internal labor regulations with competent state authorities 

The registration of internal labor regulations with competent state authorities constitutes an essential step to ensure the legal validity of such regulations and to safeguard the lawful rights and interests of both employers and employees.  

3.1 Competent authority 

Pursuant to Article 67 of Decree No. 129/2025/NĐ-CP issued on June 11, 2025 (“Decree No. 129/2025”), depending on specific conditions, the specialized labor authority under the provincial-level People’s Committee may authorize the specialized labor authority under the district-level People’s Committee to carry out the registration of internal labor regulations. 

Accordingly, the specialized labor authority at the provincial level refers to the Department of Home Affairs and the Management Board of Export Processing Zones and Industrial Zones.  

The specialized labor authority at the district level refers to the Division of Home Affairs under the district-level People’s Committee.  

Such authorization shall be implemented by the provincial-level People’s Committee based on the functions and jurisdiction of the relevant authorities and the scope of operation of the employer. 

3.2 Procedures for the registration  of internal labor regulations  

Pursuant to Part II of Decision No. 628/QĐ-BNV, the procedures for the registration of internal labor regulations comprise the following stages: 

1. Dossier preparation stage 

• The application dossier shall include: 

  • A written request for the registration of internal labor regulations; 

  • The internal labor regulations; 

  • Written comments of the employee representative organization at the grassroots level (where such organization exists); 

  • Documents issued by the employer containing provisions on labor discipline and material liability (if any). 

• Number of dossiers: One (01) set – each document shall be submitted in one (01) original copy 

2. Dossier submission stage 

The employer shall submit the application dossier by one of the following methods:  

– Via the National Online Public Service Portal (available at: https://dichvucong.gov.vn);  

– By postal service; or  

– By direct submission to the competent authority.  

Fee: VNĐ None  

3. Result receipt stage    

Processing time: Seven (07) working days from the date of receipt of a complete application dossier.  

Result of the procedure:  

The competent authority shall notify and provide guidance to the employer on the amendment, supplementation, and re-registration of the internal labor regulations in cases where the contents thereof are found to be inconsistent with applicable law.  

In the case of direct or postal submission, the employer shall receive the result at the authority where the dossier was submitted.  

In the case of online submission via the National Online Public Service Portal, the result shall be received through the same electronic system. 

At present, in the course of registering internal labor regulations in Ho Chi Minh City, Official Letter No. 1351/SNV-LĐTLBHXH (“Official Letter 1351”) provides the following guidance:  

• In cases where the authority to receive the registration falls within the competence of the Ho Chi Minh City Department of Home Affairs: 

  • The employer shall submit the application dossier for the registration of internal labor regulations to the Department of Home Affairs via the National Public Service Portal (available at: https://dichvucong.gov.vn).  

The application dossier for the registration of internal labor regulations shall comprise the documents as set out in Section 3.2 hereof. 

Processing time: Within seven (07) working days from the date of receipt of a complete application dossier for the registration of internal labor regulations, the Department of Home Affairs shall issue and publish the result of the registration procedure on the National Public Service Portal (available at: https://dichvucong.gov.vn). 

• In cases under the competence of Management Board of Ho Chi Minh City Export Processing Zones and Industrial Zones and Management Board of Ho Chi Minh City Hi-Tech Park 

The registration of internal labor regulations shall be carried out in accordance with the guidance issued by the Management Board of Ho Chi Minh City Export Processing Zones and Industrial Zones and Management Board of Ho Chi Minh City Hi-Tech Park. 

3.3 Common errors and remedial measures 

4. Significance and importance of record-keeping and periodic updates 

The formulation, registration, retention, and periodic updating of internal labor regulations in compliance with applicable laws not only ensure legal compliance by enterprises but also contribute to the establishment of a fair, transparent, and orderly working environment.  

4.1 Legal benefits of registration and retention  

• Legal validity and enforceability: Duly registered internal labor regulations constitute a solid legal basis for substantiating the lawfulness of labor disciplinary decisions in the event of disputes or litigation. 

• Support for resolution of complaints and handling disciplinary matters: Registered internal labor regulations facilitate the efficient and transparent resolution of complaints and the handling of disciplinary matters in accordance with legally recognized procedures. 

• Enhancement of corporate credibility: Proper registration and implementation of internal labor regulations enhance transparency in human resources management and corporate governance, thereby strengthening employees’ trust. 

4.2 Management and periodic updating by enterprises 

• Retention: Enterprises shall retain hard copies of the internal labor regulations bearing certification by the Department of Home Affairs at the human resources department, together with electronic copies stored on the internal management system. 

• Periodic updates: Internal labor regulations shall be reviewed and updated at least once per year or promptly upon any amendment or supplementation to the Labor Code or its guiding instruments. 

• Dissemination: Duly registered internal labor regulations shall be publicly disseminated and made known to all employees prior to their implementation. 

Frequently Asked Questions on Internal Labor Regulations 

1. Are internal labor regulations required to be registered? 

Yes. Enterprises employing ten (10) or more employees are required to promulgate internal labor regulations in writing and to carry out registration procedures with the competent authority within ten (10) days from the date of issuancing the internal labor regulations. 

2. How often should internal labor regulations be updated? 

They should be reviewed and updated at least annually or upon any change in labor laws or internal company policies. 

3. Who is responsible for developing internal labor regulations? 

The enterprise, typically through its human resources department, in coordination with legal professionals to ensure compliance with applicable laws. 

4. Do the internal labor regulations apply to seasonal employees? 
   Yes. Internal labor regulations apply to all employees working for the enterprise, regardless of the type or duration of their employment contracts. 

5. May enterprises use sample internal labor regulations obtained from the internet? 
   Such practice is not recommended. Enterprises should tailor the contents to their specific operational characteristics and actual circumstances to ensure enforceability and practical applicability. Professional legal consultants may be engaged to assist in drafting compliant internal labor regulations. 

6. Is electronic storage of internal labor regulations legally permissible? 
   Yes, provided that data security and accessibility are ensured, and that certified hard copies are retained in parallel. 

Conclusion 

Internal labor regulations constitute an essential legal instrument for enterprises to manage human resources, mitigate legal risks, and foster a transparent working culture. Proper registration, retention, and periodic updating are necessary to ensure legal compliance and to safeguard the lawful rights and interests of employees.  

Lexsol provides advisory services to enterprises in drafting compliant internal labor regulations and offers guidance on registration and effective record-keeping procedures. 

For detailed consultation and assistance in formulating and registering internal labor regulations in compliance with applicable laws, enterprises may contact Lexsol.