What is the fine for being late reports on labor-related changes?

One of the important tasks that human resources must take in June and December every year is the report on labor-related changes. What is the fine for being late in reporting on labor-related changes to the Departments of Labor, War Invalids and Social Affairs?

1. What is the deadline for a report on labor-related changes?

Accordingly, Clause 2, Article 4, the Decree 145/2020 prescribes:

2. Biannually (before June 05) and annually (before December 05), employers shall report on labor-related changes to the Provincial-level Department of Labor, War Invalids and Social Affairs via the National Public Service Portal according to the Form No. 01/PLI provided Appendix I attached to this Decree and notify the district-level social insurance agency where the head office, branch or representative office is located. In case where the employer cannot report on labor-related changes via the National Public Service Portal, he/she shall send a paper report made according to the Form No. 01/PLI provided in Appendix I attached to this Decree to the Provincial-level Department of Labor, War Invalids and Social Affairs and notify the district-level social insurance agency where the head office, branch or representative office is located.

In accordance with law provisions, each enterprise must make report on labor-related changes once 06 months and send to the Provincial-level Department of Labor, War Invalids and Social Affairs.

The deadline for reports on labor-related changes in the first 06 months is before June 05. The deadline for reports on labor-related changes at the end of year is before December 05.

Enterprise can make direct reports via the National Public Service Portal or to the Provincial-level Department of Labor, War Invalids and Social Affairs where the head office, branch or representative office is located in written forms.

At the same time, enterprises must notify the district-level social insurance agency where the head office, branch or representative office is located on labor-related changes.  

2. What is the fine for being late in reporting on labor-related changes?

Reports on labor-related changes are a compulsory procedure that every enterprise must make every 02 periods/year within a consistent time. A fine shall be imposed for administrative violations in failing in making reports on labor-related changes in labor.

In particulars, Point c, Clause 2, Article 8 of the Decree No. 12/2022/ND-CP prescribes that:

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that commits one of the following acts:

c) Failing to report changes related to workers as prescribed by the law provisions;

Combined with the provisions prescribed at Clause 1, Article 6 of the Decree 12/2022, the fine ranging from VND 5 million - 10 million shall be imposed for failing to report changes related to workers as prescribed by the law provisions.

Within that, employers shall be fined with the double-level ranging from VND 10 million - 20 million for failing to report changes related to workers as prescribed by the law provisions.