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QUESTION 9: PROBLEMS REGARDING REGISTRATION OF WORK REGULATION

In March 2014, while registrating Internal Working Regulation with IZ Management Board, the Board instructed that the regulations should not repeat the content specified in the Labor Law and requested to remove duplicate provisions in the Wokring regulation. In another case, when working with Department of Labour, Invalids and Social Affairs of Ho Chi Minh City, the Department required that the contents specified in the Woking Regulations be identical to the regulations under Labor Code and rules should be made so that workers’ benefits are above the extent required in labor law. In both cases, if does not follow the instructions from the Department / Board, the Working Regulation will not be accepted. The fact that Department/Board’s requests about registration of Working Regulation are entirely different revealed major problems regarding equity and equality, which is the minimum condition required in any investment environment. In addition, Department of Labour, Invalids and Social Affairs required that businesses must stipulate the rules that are more beneficial to employees than those required in labor law, if not, they won’t approve Working Rules. This should be called the wrong law application. Enterprises can freely make decision on provisions which are more beneficial to employees than the labor law and Department of Labour, Invalids and Social Affairs should not force business to do so. We request that it is necessary to have only one viewpoint regarding the law for all officers of the Department and other relevant agencies.
DOLISA answers:

*Regarding internal working regulations:

According to Clause 1, Clause 2, Article 119 of the Labor Code 2012 states:

An employer employing 10 or more employees must have internal working regulations in writing.

The contents of internal working regulations must not be contrary to the labor law and other relevant laws. The internal working regulations contain the following principal contents:

a/ Working time and rest time;

b/ Order at workplace;

c/ Occupational safety and hygiene at workplace;

d/ Protection of assets and technological and business secrets and intellectual property of the employer;

e/ Employees’ violations of labor discipline, forms of dealing with violations of labor discipline, and material responsibilities.

 * Regarding registration of internal working regulations: according to Article 120 of the Labor Code 2012 states:

An employer shall register its internal working regulations with the provincial-level state management agency of labor.

Within 10 days from the date of issuance of the internal working regulations, an employer shall submit a dossier for registration of the internal working regulations.

Within 7 working days from the date of receipt of a dossier for registration of the internal working regulations, if the internal working regulations have contents contrary to law, the provincial-level state management agency of labor shall notify and instruct the employer to make necessary amendments and supplements and the regulations must be re-submitted for registration.

Thus, the Department of Labour - Invalids and Social Affairs shall receive registration dossier of internal working regulations of the business, if the regulations have content contrary to the provisions of Labor Code, the Department inform and guilde businesses guides for amending, supplementing and re-submitting.

IZ EPZ Management Board also answer:

So far, the Management Board have been received dossier registering internal working regulations which have contents beyond the 5 contents specified in Clause 2, Article 119 above (identical content with the Labour Code). For cases which repeat the contents not according to the regulations, the Management Committee guide and adjust for re-submitting.