HR Record Retention Requirements

Vietnam - Summary Chart

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Vietnam

Document

Retention Period

Beginning of Retention Period

Legal Reference

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum 10 years

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.)

Minimum 10 years

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.)

Minimum 10 years

From end of fiscal year employee terminated

Decree 174, Arts. 13.1 and 15.1

Data and personnel files

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

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

Collective bargaining/union

N/A; Best practice: Retain permanently

N/A

Labour Code, 2019, Arts. 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

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Minimum 10 years

From end of fiscal year employee terminated

Decree 174, Arts. 13.1 and 15.1

Pension and retirement records

Minimum 10 years

From end of fiscal year employee terminated

Decree 174, Arts. 13.1 and 15.1

Equity records

Minimum 10 years

From end of fiscal year employee terminated

Decree 174, Arts. 13.1 and 15.1

PAYROLL/WAGE/TAX RECORDS

Payroll and wage data (payslips, etc.)

Minimum 10 years

From end of fiscal year employee terminated

Decree 174, Arts. 13.1 and 15.1

Tax records

Minimum 10 years

From end of fiscal year documents were made/filed/created/received

Decree 174, Arts. 13.1 and 15.1

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Minimum 10 years

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

Medical records

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

Hazardous material and other exposure records

N/A; Best practice: Retain as long as possible

From end of fiscal year documents were made/filed/created/received

N/A

UKG's HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where UKG's customers have employees. HR Compliance Assist is a service exclusively available to UKG customers.

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