8 a.m., inspectors walk into the factory: what should the enterprise calmly do?
At 8 a.m. on a Monday, a four-person team appeared at the gate of a packaging factory in Hai Duong, presented an inspection decision and demanded immediate access to labor, payroll and social insurance records. The HR director paled: “Why no advance notice so we can prepare?” The team leader replied curtly: “This is a surprise inspection.”
Many enterprises still believe every inspection requires advance notice. In fact, surprise inspection is a lawful tool of the state labor authority.
Legal basis for surprise inspections
Article 161 of the Labor Code 2019 governs labor inspection: specialized labor inspectorates inspect compliance with labor law, investigate occupational accidents, and may conduct surprise inspections upon detecting signs of labor-law violations. The Inspection Law 2022 likewise recognizes surprise inspections alongside planned and regular inspections.
On the post-2025 institutional setup: state labor management (formerly under the Ministry of Labor, Invalids and Social Affairs) now sits with the Ministry of Home Affairs; locally, the Department of Home Affairs. Enterprises should correctly identify “who is inspecting us” to verify authority.
Surprise inspections are typically triggered by: worker complaints or denunciations; serious occupational accidents; signs of social-insurance or wage arrears; or thematic campaigns (e.g., foreign-labor usage).
“Always-ready” dossiers: 8 document groups every enterprise must hold
- Labor contracts: complete, correct type, signed by both parties; appendices where applicable.
- Payroll: salary scales, payroll sheets, timesheets, salary and bonus regulations.
- Insurance: social, health and unemployment insurance contribution lists; reconciled with the insurance agency.
- Working time: internal labor regulations, collective labor agreements, overtime records (agreements, hour caps).
- Occupational safety: OSH plans, training records, periodic health checks, personal protective equipment.
- Foreign labor: each person’s work permit or exemption certificate (under Decree 219/2025/ND-CP).
- Labor reports: periodic workforce-utilization reports as required.
- Discipline and termination: disciplinary dossiers, termination decisions, severance and job-loss allowance settlements.
Enterprise rights during a surprise inspection
A surprise inspection does not strip the enterprise of rights. The enterprise may:
- Demand presentation of the inspection decision and inspector cards; check the scope, subjects and duration stated — the enterprise may decline to provide matters outside the decision.
- Exercise the right of explanation: explain and submit supporting documents during the inspection and before conclusions are issued.
- Complain or sue: disagreeing with inspection conclusions or sanction decisions, the enterprise may complain under the Complaint Law 2011 or file an administrative lawsuit.
- Require full minutes for all inspection content and document seizures.
Conversely, the enterprise must not obstruct: refusing documents within the decision’s scope, stalling, or resisting may draw separate administrative sanctions. Detected labor-law violations are sanctioned under Decree 283/2026/ND-CP (effective 10/09/2026).
Frequently asked questions
Is an unannounced inspection team lawful?
Yes, as a surprise inspection under Article 161 of the Labor Code 2019 and the Inspection Law 2022. Being unannounced is precisely the point — advance notice would defeat the purpose.
May the enterprise request a postponement to prepare dossiers?
There is no right to postpone for being “unprepared”. But the enterprise may request reasonable time to compile specifically requested documents, and every document request must be recorded in writing.
Is the inspection conclusion a sanction decision?
No. The conclusion records violations and recommendations; the administrative sanction decision is a separate document issued under the Law on Handling of Administrative Violations — and that is the document directly subject to complaint or lawsuit.
After being sanctioned, can we be inspected again?
Yes. Inspectorates typically re-check remediation after sanctions. Repeat violations or failure to remediate may bring heavier fines and additional remedial measures.
FLAT Law Firm: “rehearsing” inspections before the team arrives
The best preparation for a surprise inspection is inspecting yourself first. FLAT Law Firm conducts comprehensive labor-compliance reviews (mock inspections): checking all 8 dossier groups, flagging gaps, and fixing them before the authorities knock — and standing by clients throughout real inspections.
This article has been quality-reviewed by the FLAW AI Legal Council
