Question:
Under Vietnamese law, how long is an enterprise required to retain labor-related documents (such as labor contracts, payroll records, personnel files, etc.)? Are there different retention periods for different types of documents?
Answer:
Regarding the retention period for labor documents, after reviewing the current legal regulations, SB Law clarifies the applicable timelines as follows:
Vietnamese law does not provide a single uniform retention period for all labor-related documents. Instead, the retention requirement depends on the nature of each type of document (i.e., whether it is an accounting document, a personnel file, or a social insurance file).
- Group 1: Accounting Documents (MINIMUM retention period: 10 YEARS)
These are the most important documents, used as direct evidence for cost accounting and financial reporting.
- Legal basis: Article 13, Decree No. 174/2016/NĐ-CP (implementing the Law on Accounting).
- Documents include:
- Payroll sheets and salary payment records;
- Timesheets (if used directly as a basis for payroll preparation);
- Salary payment vouchers, bonus payment vouchers, bank transfer orders for salary payments (and related bank documents);
- Other accounting documents directly related to bookkeeping.
- Group 2: Personnel Records (MINIMUM retention period: 5 YEARS after termination)
These documents form part of the personnel file and are not direct accounting documents.
- Legal basis: Clause 3, Article 15, Law on Archives 2024 (effective from 01 July 2025).
- The law stipulates: “Documents with practical value… shall be retained for a minimum period of 05 years from the year in which the work is completed.”
- Documents include:
- Labor contracts and appendices;
- Decisions (recruitment, appointment, discipline, termination, etc.);
- Curriculum vitae, diplomas, and certificates.
- SB Law’s recommendation: Although the law requires only a 5-year retention after termination, labor contracts are also used as a basis for preparing payroll records (which must be kept for 10 years) and for resolving social insurance entitlements (which require long-term retention). To ensure consistency and legal safety, SB Law recommends retaining personnel records for at least 10 years from the date the employee’s contract is terminated.
- Group 3: Internal Management Documents (MINIMUM retention period: 5 YEARS)
These documents serve administrative and management purposes and are not directly used for accounting.
- Legal basis: Article 12, Decree No. 174/2016/NĐ-CP.
- Documents include: Salary regulations, bonus regulations, and other internal policies.
Consultation: Labor Law Services
