The following article provides a comprehensive overview of labor management records in accordance with current legal regulations. The content addresses enterprises’ practical needs in preparing and retaining labor records and relevant legal provisions such as responsibilities for recordkeeping, mandatory contents, and timing of implementation. In addition, the article offers detailed answers to frequently asked questions and introduces legal consulting services to assist enterprises in ensuring compliance and minimizing legal risks. 

I. Current demand for consulting on labor management records

At present, the demand for consulting services on labor management records is increasing as enterprises have become more aware of the importance of complying with labor laws.

Proper preparation and retention of labor records not only facilitate effective human resource management but also help enterprises avoid legal risks and administrative sanctions. In particular, due to frequent amendments and updates to legal regulations, many enterprises have difficulties in timely updates and correct application. Therefore, the use of in-depth legal consulting services has become both necessary and common.

II. Legal regulations on labor management records

1. Who is responsible for preparing labor management records?

Clause 1 Article 12 of the Labor Code 2019 provides as follows:

- Responsibility for labor management of employers: 

  • Preparing, updating, managing, and using labor management books in original or electronic form and submitting them upon request by competent state authorities.
  • Declaring the employment of labor within 30 days from the commencement of operations, periodically reporting changes in labor during operations to the provincial-level labor authority, and notifying the social insurance agency.
  • The Government shall provide detailed regulations on this Article.

Accordingly, employers are responsible for preparing, updating, managing, and using labor management records, which may be maintained in original or electronic form in compliance with the law. The chosen form must ensure completeness, accuracy, and ease of access when required, serving both internal human resource management and inspections by competent authorities.

2. What information must labor management records include?

Clause 2 Article 3 of Decree No. 145/2020/ND-CP stipulates the basic information of employees to be included in labor management records as follows:

  • Employee’s full name, gender, date of birth, and nationality;
  • Employee’s place of residence;
  • Citizen identity card number or passport number;
  • Professional and technical qualifications and occupational skills;
  • Job position;
  • Type of labor contract;
  • Commencement date of employment;
  • Participation in social insurance;
  • Salary, promotion, and salary increases;
  • Number of annual leave days;
  • Overtime hours;
  • Vocational training, retraining, and skill enhancement regimes;
  • Labor discipline and material liabilit
  • Occupational accident and disease regimes;
  • Date of termination of the labor contract and reasons.

3. Timing for preparing labor management records under the law

Clause 1 Article 3 of Decree No. 145/2020/ND-CP provides as follows:

  • Within 30 days from the commencement of operations, the employer must prepare labor management books at the headquarters, branch, or representative office.

Accordingly, enterprises or employers must prepare labor management records within 30 days from the date of commencement of operations. Such records must be prepared and maintained at the headquarters, branch, or representative office of the enterprise.

III. Questions regarding labor management records

1. May labor management records be prepared in electronic form?

Pursuant to Clause 2 Article 3 of Decree No. 145/2020/ND-CP:

  • Labor management books may be prepared in original or electronic form, provided that they contain the basic information about employees, including full name; gender; date of birth; nationality; place of residence; citizen identity card number or passport number; professional and technical qualifications; occupational skills; job position; type of labor contract; commencement date of employment; participation in social insurance; salary; promotion and salary increases; number of annual leave days; overtime hours; vocational training, retraining, and skill improvement; labor discipline and material liability; occupational accidents and diseases; date of termination of the labor contract and reasons.

Accordingly, enterprises may choose to prepare labor management records in either original or electronic form to suit their management needs, provided that all mandatory information is fully included.

2. Must labor management records be stored at the company’s head office?

Under Clause 1 Article 12 of the Labor Code:

  • Within 30 days from the commencement of operations, employers must prepare labor management books at the headquarters, branch, or representative office. Labor management books may be prepared in original or electronic form but must ensure full basic employee information as prescribed by law.

Accordingly, employers are required to prepare, update, and retain labor management records at the headquarters, branch, or representative office within 30 days from the commencement of operations. Records may be in original or electronic form but must fully contain the legally required information.

3. What are the sanctions for failure to prepare labor management records?

Enterprises may be subject to a fine ranging from 5,000,000 VND to 10,000,000 VND under Point d Clause 2 Article 8 of Decree No. 12/2022/ND-CP for failure to prepare labor management books, failure to prepare them within the prescribed duration, or failure to ensure required contents.

Note: The above fines apply to individuals. For organizations committing the same violations, the fine shall be doubled according to Clause 1 Article 6 of Decree No. 12/2022/ND-CP.

4. Must labor management records be updated periodically?

Pursuant to Clause 3 Article 3 of Decree No. 145/2020/ND-CP:

  • Labor management book: Employers are responsible for recording and updating the information specified in Clause 2 of this Article from the date employees commence work; managing, using, and presenting labor management books to labor authorities and relevant agencies upon request in accordance with law.

Accordingly, enterprises must update labor management records whenever there are changes to employee information.

5. Must labor management records be submitted to state authorities?

Under current regulations, labor management records are not required to be periodically submitted to state authorities. However, employers are responsible for preparing, updating, managing, and retaining such records at their headquarters, branch, or representative office, and must present them upon request by competent authorities such as labor inspectors or social insurance agencies.

Failure to prepare or present labor management books upon request may result in administrative sanctions under Decree No. 12/2022/ND-CP.

In addition, employers are required to declare labor utilization within 30 days from the commencement of operations and periodically report changes in labor to the provincial labor authority, as well as notify the social insurance agency.

IV. Legal consulting services on labor management records

Legal consulting services on labor management records assist enterprises in preparing, updating, and managing labor records in compliance with current legal regulations. NP Law’s legal professionals provide detailed guidance on responsibilities, contents, storage formats, and timing of record preparation, and advise on handling labor-related legal issues arising in practice. These services help enterprises avoid compliance risks, protect employees’ rights, and effectively and professionally meet inspection requirements of competent authorities.