Guide for Businesses to Self-Assess Labor Law Compliance

To understand the situation regarding the implementation of labor laws by businesses, the State has stipulated that employers must self-assess and evaluate their compliance with labor laws within their own enterprises. This article will guide businesses in self-assessing their labor law compliance in accordance with regulations.

1. What is Self-Assessment of Labor Law Compliance?

According to Clause 1, Article 3 of Circular 17/2018/TT-BLDTBXH, self-assessment of labor law compliance (hereinafter referred to as self-assessment) is the activity of independently collecting, analyzing, and evaluating the compliance of employers with labor law regulations at their production and business locations.

From 2006 to the end of 2018, to self-assess their compliance with labor laws, businesses typically completed the process by filling out pre-printed forms and submitting them directly to the labor inspection agency.

However, since January 1, 2019, the Ministry of Labor, Invalids and Social Affairs has issued Circular No. 17/2018/TT-BLDTBXH guiding the online self-assessment and reporting of labor law compliance.

Accordingly, businesses can now conduct online labor law checks through the website http://tukiemtraphapluatlaodong.gov.vn.

This website has integrated and published various information channels, documents, applications, and services in the labor sector for employees and employers to access and utilize.

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2. Guidance for Businesses on Self-Assessment of Labor Laws

2.1 Timeframe for Self-Assessment of Labor Laws

  • Frequency: At least once a year to assess the level of compliance with labor laws and identify solutions for improving compliance.
  • Specific self-assessment time: Determined by the employer.
  • Self-assessment period: From the first day of January of the previous year to the time of the inspection.

Each year, businesses must conduct a self-assessment at least once.

2.2 Content of Self-Assessment

According to Article 5 of Circular 17/2018/TT-BLDTBXH, businesses need to self-assess the following four contents:

(1) Implementation of periodic reports

(2) Recruitment and training of workers

(3) Conclusion and implementation of contracts with workers

(4) Dialogue, negotiation and signing of collective labor agreements

(5) Working hours and rest periods at the enterprise

(6) Payment of wages to workers

(7) Organization and implementation of occupational safety and health work

(8) Implementation of legal regulations regarding workers who are: Female, Elderly, Minors,
Persons with disabilities, Foreigners

(9) Development and registration of internal regulations, handling of labor discipline, and compensation for material liability.

(10) Participation in and payment of mandatory social insurance, unemployment insurance, and monthly health insurance for employees.

(11) Resolution of labor disputes and complaints.

(12) Other contents.

Accordingly, the above self-inspection contents must be designed into forms for each field, then posted on the source website http://tukiemtraphapluatlaodong.gov.vn.

Depending on the main production and business field, the employer chooses one or more self-inspection forms to use as self-inspection contents.

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2.3 Procedure for self-inspection of labor law implementation by enterprises

The procedure for conducting self-inspection is stipulated in Article 6 of Circular 17/2018/TT-BLDTBXH. Specifically:

Step 1. Establish a self-inspection team

The self-inspection team consists of:

  • Team leader: Representative of the enterprise
  • Team members: Labor and wage officer, occupational safety and health officer at the enterprise
  • Employee representative
  • Other relevant members as decided by the enterprise

Step 2. Register an account

The enterprise accesses http://tukiemtraphapluatlaodong.gov.vn and registers an account to obtain the self-inspection form as the content for the self-inspection.

Self-inspection of labor law
Select register an account on the website

After registering an account, the employer logs in, then uploads the self-inspection form and the conclusion template to the website.

Note: The self-inspection conclusion template needs to be updated regularly when there are changes in labor law.

Step 3. Self-Inspection by the Inspection Team

Compare the findings with relevant current labor laws for each item mentioned in section 2.1 to provide analysis, comparison, conclusions, and propose corrective measures (if any).

Step 4. File the Report

Accordingly, these records must be stored in the enterprise’s management files to serve as a basis for monitoring, analyzing, and formulating policies and solutions to improve compliance with labor laws within the enterprise.

2.4 Other Notes

  • When the State Labor Inspection Agency requests an inspection, the enterprise must cooperate with the collective labor representatives at the facility to submit a self-inspection report online at http://tukiemtraphapluatlaodong.gov.vn through the registered account.
  • All companies, even those with only branches, representative offices, or construction units in the locality, must submit online self-inspection reports on labor laws.
  • Labor inspection agencies can request reports on results at any time; therefore, if businesses do not conduct self-inspections of labor laws, they may be subject to surprise on-site inspections or even administrative penalties and criminal prosecution if serious consequences occur.

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