Contracts (new hire agreements, severance, etc.)
From end of fiscal year employee terminated
Decree 174/2016/ND-CP of the Government, 30 December 2016 (Decree 174), Arts. 13.1 and 15.1
Time records (work hours, rest periods, vacation/sick/holiday, etc.)
From end of fiscal year employee terminated
Decree 174, Arts. 13.1 and 15.1
Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.)
From end of fiscal year employee terminated
Decree 174, Arts. 13.1 and 15.1
Government verification records (work papers, immigration, eligibility to work, etc.)
N/A;
Best practice: Minimum 1 year for copy of documents (Statute of limitations for labor claim is 1 year from date became aware of infringement); Employers must return original documents that belong to employee upon termination
From end of fiscal year employee terminated
Labour Code 2019, Arts. 48.3, 190 and 194
Background checks and drug tests
N/A;
Best practice: Minimum 1 year (Statute of limitations for labor claim is 1 year from date became aware of infringement)
From end of fiscal year employee terminated
Labour Code 2019, Arts. 190 and 194
Acknowledgements, policy agreements and required notices
N/A;
Best practice: Minimum 1 year (Statute of limitations for labor claim is 1 year from date became aware of infringement)
From end of fiscal year employee terminated
Labour Code 2019, Arts. 190 and 194
Recruitment (interview notes, resumes/CVs, reference checks, etc.)
N/A;
Best practice: Retain as long as possible
From end of fiscal year employee terminated
Labour Code 2019, Arts. 48.3, 190 and 194
Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.)
N/A;
Best practice: Minimum 1 year (Statute of limitations for labor claim is 1 year from date became aware of infringement)
From end of fiscal year employee terminated
Labour Code 2019, Arts. 48.3, 190 and 194
Leave (family, medical, etc.)
From end of fiscal year employee terminated
Decree 174, Arts. 13.1 and 15.1
Injury and illness incident reports
N/A;
Best practice: Minimum 1 year (Statute of limitations for labor claim is 1 year from date became aware of infringement)
From end of fiscal year employee terminated
Decree 174, Arts. 13.1 and 15.1;
Labour Code 2019, Art. 48.3
N/A;
Best practice: Minimum 1 year (Statute of limitations for labor claim is 1 year from date became aware of infringement)
From end of fiscal year employee terminated
Decree 174, Arts. 13.1 and 15.1;
Labour Code 2019, Art. 48.3
