This Circular guides the declaration of labor use when enterprises commence operations and the reporting of the termination of labor use when enterprises cease operations, applicable to state-owned enterprises, enterprises with foreign investment capital, enterprises within export processing zones/industrial parks, and other economic sector enterprises. Enterprises must declare labor use upon commencing operations and report the termination of labor use upon ceasing operations within thirty days.
Scope of application
State-owned enterprises; enterprises with foreign investment capital, enterprises within export processing zones/industrial parks; enterprises under Party organizations, political social organizations, and other economic sector enterprises.
Key points
- Enterprises must declare labor use upon commencing operations within thirty days (Article II)
- Enterprises must report the termination of labor use upon ceasing operations within thirty days (Article III)
- Provincial Departments of Labor, Invalids, and Social Affairs have the responsibility to guide and organize monitoring of the implementation of the declaration and reporting system (Article IV.1)
- This Circular takes effect fifteen days from the date of issuance (Article IV.2)
- Form No. 1: Declaration of labor use when enterprises commence operations, including information on gender, professional qualifications, labor contracts, and job titles of workers (Form No. 1)
- Form No. 2: Report on the termination of labor use when enterprises cease operations, including information on gender, professional qualifications, labor contracts, and settlement of benefits for workers (Form No. 2)
🌐 Social impact of this document
- Positive impact: Helps enterprises comply with legal regulations on labor use, ensuring the rights of workers.
- Negative impact: May impose workload and time burdens on enterprises during the process of implementing declaration forms and reports.
❓ Frequently asked questions
When must enterprises declare their labor use?
Enterprises must declare labor use within thirty days from the date of commencement of operations (Article II).
When must enterprises report the termination of labor use?
Enterprises must report the termination of labor use within thirty days from the date of cessation of operations (Article III).
Who is responsible for guiding and organizing the monitoring of the implementation of the declaration and reporting system?
Provincial Departments of Labor, Invalids, and Social Affairs have the responsibility to guide and organize monitoring (Article IV.1).
To which types of enterprises does this Circular apply?
This Circular applies to state-owned enterprises; enterprises with foreign investment capital, enterprises within export processing zones/industrial parks; and other economic sector enterprises (Applicable Enterprises).
When does this Circular take effect?
This Circular takes effect fifteen days from the date of issuance (Article IV.2).
Full text
CIRCULAR
Regarding guidance on reporting labor use when enterprises commence operations and reporting termination of labor use when enterprises cease operations
Pursuant to Article 182 of the Labor Code, after consulting with relevant ministries, agencies, and the Vietnam General Confederation of Labor, the Ministry of Labor, Invalids, and Social Affairs provides guidance on reporting labor use when enterprises commence operations and reporting termination of labor use when enterprises cease operations as follows:
I. SCOPE OF APPLICATION:
Enterprises and production and business establishments, services belonging to other economic sectors;
Enterprises with foreign direct investment, enterprises in export processing zones, and industrial parks;
Enterprises under Party organizations, political social organizations, and other economic sectors;
Reporting labor use when enterprises commence operations, reporting increases and decreases in labor, and reporting termination of labor use for enterprises within the People's Army and Public Security will be governed by separate regulations.
II. REPORTING LABOR USE WHEN ENTERPRISES COMMENCE OPERATIONS:
ENTERPRISE COMMENCES OPERATIONS:
An enterprise commencing operations as defined in this Circular is an enterprise established in accordance with Vietnamese law that begins using labor for production, business, or performing its tasks.
Within thirty days from the date of commencement of operations, the employer must report labor use to the provincial Department of Labor, Invalids, and Social Affairs regarding the quantity and quality of labor (Form No. 1 attached to this Circular).
III. REPORTING TERMINATION OF LABOR USE WHEN ENTERPRISES CEASE OPERATIONS:
WHEN THE ENTERPRISE TERMINATES OPERATIONS:
An enterprise ceasing operations as defined in this Circular includes the following cases: the enterprise is decided to be dissolved by an authorized authority, declared bankrupt by a court, its operating license has expired, the business owner withdraws the business license with the consent of the competent authority, or the unit violates the law and has its operating license revoked by the competent authority.
Within thirty days from the date of cessation of operations, the employer must report the termination of labor use to the provincial Department of Labor, Invalids, and Social Affairs (Form No. 2 attached to this Circular).
IV. IMPLEMENTATION ORGANIZATION:
1. Provincial Departments of Labor, Invalids, and Social Affairs have the responsibility to guide and organize monitoring of the implementation of the reporting and reporting system as stipulated in this Circular. Annually, in January and July, the provincial Departments of Labor, Invalids, and Social Affairs report to the Ministry of Labor, Invalids, and Social Affairs (Department of Labor Policy and Employment) on the reporting of labor use when enterprises commence operations and the termination of labor use when enterprises cease operations of the previous year and the first six months of the current year (Forms No. 3 and No. 4 attached to this Circular).
2. This Circular takes effect fifteen days from the date of signature, abolishing any conflicting previous documents.
Any difficulties encountered during implementation should be reported to the Ministry of Labor, Invalids, and Social Affairs by relevant ministries, agencies, and localities for research and resolution.
FORM NO. 1
Issued together with Circular No.: 06/1998/TT-BLDTBXH dated April 15, 1998 of the Ministry of Labor, Invalids, and Social Affairs guiding the reporting of labor use when enterprises commence operations and reporting the termination of labor use when enterprises cease operations
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Name of unit: |
Socialist Republic of Vietnam |
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Number: |
Independence - Freedom - Happiness |
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..., date..., month..., year... |
REPORTING LABOR USE WHEN ENTERPRISES COMMENCE OPERATIONS
Respectfully submitted to: Department of Labor, Invalids, and Social Affairs
The unit established according to Decision No.:...of...with headquarters at...commences operations from.../.../...reports labor use of the unit as follows:
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Gender |
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Professional qualifications, worker rank |
Employment contract |
For |
Position |
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Serial Number |
Full Name |
Year of Birth |
Male |
Female |
Nationality |
Postgraduate |
Bachelor's, college |
Vocational college |
Secondary vocational |
Worker rank |
Indefinite term |
From 1-3 years |
Seasonal or less than 1 year |
Other |
in the enterprise |
Remarks |
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(*) The basis for budgeting expenses is based on the current regulations of the Ministry of Finance regarding travel expenses for civil servants and employees of the State going on short-term business trips abroad funded by the state budget. |
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Head of the unit
(Signature, stamp)
Note:
Units belonging to State-owned corporations or local associations should report according to their respective locations.
Column 15 records personnel in the old establishment who have not yet signed employment contracts and those holding appointed positions in the enterprise.
MODEL NO. 2
Issued together with Circular No.: 06/1998/TT-BLDTBXH dated April 15, 1998 of the Ministry of Labor, Invalids, and Social Affairs guiding the reporting of labor use when enterprises commence operations and reporting the termination of labor use when enterprises cease operations
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Name of unit: |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: |
Independence - Freedom - Happiness |
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..., date..., month..., year... |
REPORT
TERMINATION OF LABOR USE WHEN ENTERPRISES CEASE OPERATIONS
Respectfully submitted to: Department of Labor, Invalids, and Social Affairs...
The unit with headquarters at...ceases operations from.../.../...due to...reports the termination of labor use of the unit as follows:
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Classification of labor when enterprises cease operations |
Number of months worked |
Night shift pay |
Job of the employee |
Coefficient of full-time lecturers |
Resolution of labor rights when enterprises terminate labor use |
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S T |
Full Name |
Year of Birth |
Male |
Female |
Nationality |
Indefinite-term employment contract |
Employment contract from 1-3 years |
Seasonal, annual, or work under 1 year |
Other |
working in the enterprise |
monthly salary (1000 VND) |
labor when enterprises cease operations |
professional qualifications, worker rank |
Transfer of employment |
Retirement |
Resignation |
Dismissal |
Remarks |
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(*) The basis for budgeting expenses is based on the current regulations of the Ministry of Finance regarding travel expenses for civil servants and employees of the State going on short-term business trips abroad funded by the state budget. |
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Head of the unit
(Signature, stamp)
Note:
Units belonging to State-owned corporations or local associations should report according to their respective locations.
Column 10 records personnel in the old establishment who have not yet signed employment contracts and those holding appointed positions in the enterprise.
MODEL NO. 3
Issued together with Circular No.: 06/1998/TT-BLDTBXH dated April 15, 1998 of the Ministry of Labor, Invalids, and Social Affairs guiding the reporting of labor use when enterprises commence operations and reporting the termination of labor use when enterprises cease operations
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Department of Labor, Invalids, and Social Affairs |
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Socialist Republic of Vietnam |
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Province (city): |
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Independence - Freedom - Happiness |
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No.: /BC |
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..., date..., month..., year... |
REPORT
LABOR USE WHEN ENTERPRISES COMMENCE OPERATIONS IN THE FIRST SIX MONTHS OF... (OR YEAR...)
Respectfully submitted to: Ministry of Labor, Invalids, and Social Affairs
(Department of Labor Policy and Employment)
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The Open Source Software Steering Committee operates on a part-time basis. The Open Source Software Steering Committee has a working group assisting the Steering Committee. |
- Total wages and salaries (VND) |
Professional Qualification |
Employment contract |
For |
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Serial Number |
Unit Name |
Location |
commencing operations |
(thousand dong/year) |
Thereof female workers |
Thereof foreign workers |
Postgraduate |
Bachelor's, college |
Vocational high school (persons) |
Secondary vocational (persons) |
Workers (persons) |
Indefinite term (persons) |
From 1-3 years (persons) |
Seasonal, annual, or work under 1 year (persons) |
Other |
Remarks |
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4 |
5 |
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A |
State-owned enterprises and enterprises with state capital |
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Central management |
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II |
Local management |
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B |
Enterprises without state approval |
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Foreign-invested enterprises |
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II |
Private enterprises |
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III |
Joint-stock enterprises |
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IV |
Other enterprises |
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(*) The basis for budgeting expenses is based on the current regulations of the Ministry of Finance regarding travel expenses for civil servants and employees of the State going on short-term business trips abroad funded by the state budget. |
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x |
x |
x |
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x |
x |
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Credit organization branch in province/city and basic credit cooperative…
(Signature, stamp)
Note:
Column 16 records personnel in the old establishment who have not yet signed employment contracts and those holding appointed positions in the enterprise.
MODEL NO. 4
Issued together with Circular No.: 06/1998/TT-BLDTBXH dated April 15, 1998 of the Ministry of Labor, Invalids, and Social Affairs guiding the reporting of labor use when enterprises commence operations and reporting the termination of labor use when enterprises cease operations
|
Department of Labor, Invalids, and Social Affairs |
SOCIALIST REPUBLIC OF VIETNAM |
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Province (city): |
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Independence - Freedom - Happiness |
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|
No.: /BC |
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..., date..., month..., year... |
|
REPORT
TERMINATION OF LABOR USE WHEN ENTERPRISES CEASE OPERATIONS
FIRST SIX MONTHS OF... (OR YEAR...)
Respectfully submitted to: Ministry of Labor, Invalids, and Social Affairs
(Department of Labor Policy and Employment)
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|
- Total wages and salaries (VND) |
Classification of labor when enterprises cease operations |
Resolution of labor rights when enterprises terminate labor use |
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|||||||
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Serial Number |
Unit Name |
Location |
ceasing operations |
(thousand dong/year) |
Thereof female |
Indefinite-term employment contract (persons) |
Employment contract from 1-3 years (persons) |
Seasonal, annual, or work under 1 year (persons) |
Other (persons) |
Transfer of employment (persons) |
Retirement (persons) |
Resignation (persons) |
Dismissal (persons) |
Remarks |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
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A |
State-owned enterprises and enterprises with state capital |
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I |
Central management |
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II |
Local management |
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B |
Enterprises without state approval |
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I |
Foreign-invested enterprises |
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II |
Private enterprises |
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III |
Joint-stock enterprises |
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IV |
Other enterprises |
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Credit organization branch in province/city and basic credit cooperative…
(Signature, stamp)
Note:
Column 10 records personnel in the old establishment who have not yet signed employment contracts and those holding appointed positions in the enterprise./.
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