Many companies issue elaborate internal labor rules but forget to register them with the state authority — only to see disciplinary decisions annulled by courts because the rules “had not taken effect”. This article clarifies when registration is mandatory and whether discipline is possible without it.
1. When is registration of internal labor rules mandatory?
Under Article 119.1 of the 2019 Labor Code: employers using 10 or more employees must register their internal labor rules with the provincial specialized labor authority where the business is registered — now the Department of Home Affairs (after the merger of the Department of Labor, Invalids and Social Affairs from 01/03/2025).
Registration procedure:
- Within 10 days of issuing the rules, the employer must file the registration dossier;
- Within 07 working days of receipt, if any content violates the law, the authority notifies and guides amendments and re-registration;
- Employers with branches in multiple provinces send the registered rules to the labor authority where each branch is located.
2. When do internal labor rules take effect?
Under Article 121 of the 2019 Labor Code:
- Employers with 10+ employees: the rules take effect 15 days after the competent authority receives the complete registration dossier;
- Employers with fewer than 10 employees: registration is not required; if written rules are issued, their effective date is decided by the employer within the rules themselves.
3. Can you discipline employees without registered rules?
The answer splits in two:
Case 1 — 10+ employees, rules not registered: the rules have no legal effect. Every disciplinary decision based on them stands on fragile ground: Article 127 prohibits disciplining conduct not stipulated in the internal labor rules — and rules without effect count as no stipulation. In practice, courts may declare the disciplinary decision unlawful, forcing reinstatement and compensation under Article 41.
Case 2 — Fewer than 10 employees: registration is not mandatory. Written rules issued by the employer take effect as decided — and can fully support disciplinary action, provided the content is lawful and employees have been notified.
4. Mandatory contents of internal labor rules
Under Article 118, internal labor rules cover: working hours and rest periods; workplace order; occupational safety and hygiene; prevention of workplace sexual harassment; violations and corresponding disciplinary measures; material liability. The more specific the rules, the easier they are to apply — vague rules (“moral violations”) rarely support dismissal.
Note: the rules must be communicated to employees, with key contents posted at necessary workplace locations (Article 118.4). Disciplining based on rules employees never knew is a serious legal vulnerability.
5. Penalties for failing to register
Employers required to register but failing to do so face administrative penalties in the labor sector under Decree 283/2026/ND-CP (effective 10/09/2026, replacing Decree 12/2022/ND-CP).
6. Employer checklist
- Headcount check: 10 or more employees?
- Registered with the Department of Home Affairs? Have 15 days passed since the authority received the complete dossier?
- Do the rules specifically define each violation and its corresponding disciplinary measure?
- Communicated to all employees and posted at the workplace?
- Any content violating labor law (review before the authority demands amendments)?
7. Frequently asked questions
Q: A company with 8 staff, unregistered rules — can it dismiss an employee for theft?
A: Yes, if the company has written rules defining theft as a dismissible offense and employees were notified — under 10 employees, registration is not required.
Q: Dossier filed but 15 days not yet elapsed — may we discipline?
A: Not advisable. The rules take effect only 15 days after the authority receives the complete dossier — disciplining in this “gap” is highly risky.
Q: Must amended rules be re-registered?
A: Yes. Amended or supplemented rules must go through registration again under Article 119.
Need a legal review of your internal labor rules before disciplining? Contact us for advice.
Prepared by the FLAW AI Legal Council. This content is pending QA Council review before submission for approval; it is for reference only and does not replace legal advice for your specific situation.