A Comprehensive Guide to Document Retention Periods for Enterprises in Vietnam

Under Vietnamese law, there is no single, uniform retention period applicable to all corporate records, documents, and data. Instead, document retention obligations are governed by various sector-specific regulations, with different retention periods applying depending on the nature, purpose, and legal function of each document. 

For non-state economic organizations, documents generated during the course of business operations are classified as private archival documents under the Law on Archives 2024. Pursuant to this Law, enterprises are responsible for organizing and maintaining their archival systems in a manner appropriate to their operational needs, internal governance framework, applicable laws, and relevant international practices. Accordingly, while certain categories of documents are subject to mandatory statutory retention requirements, enterprises retain considerable discretion in establishing internal document management and retention policies. 

In practice, determining the appropriate retention period for a document often requires consideration of multiple legal frameworks simultaneously. A single document may serve labor, accounting, tax, customs, or evidentiary purposes, resulting in overlapping retention obligations. 

This article provides an overview of the legal requirements and practical considerations relating to the retention of three key categories of corporate records: (i) accounting records, (ii) human resources and labor documents, and (iii) customs and import-export records. 

1. Accounting Records 

Among the various categories of corporate documents, accounting records are subject to some of the most comprehensive and detailed retention requirements under Vietnamese law. Under the Law on Accounting 2015, accounting records include accounting vouchers, accounting books, financial statements, management accounting reports, audit reports, and other documents relating to accounting activities. 

Pursuant to Decree No. 174/2016/ND-CP, accounting records are generally divided into three retention categories: 

a. Minimum Five-Year Retention Period 

A minimum retention period of five (5) years applies to accounting documents that are not directly used for recording accounting books or preparing financial statements. 

This category generally includes supporting documents maintained primarily for administrative or internal management purposes, as well as certain receipt, payment, and warehouse records that are not retained within the official accounting files. 

b. Minimum Ten-Year Retention Period 

A minimum retention period of ten (10) years applies to accounting documents that directly support accounting books and financial reporting.  

This category includes accounting vouchers, detailed and general ledgers, monthly, quarterly, and annual financial statements, audit reports, records relating to the disposal of assets, inventory reports, and documentation associated with corporate restructuring activities such as mergers, divisions, conversions, dissolution, or bankruptcy.  

Given their evidentiary and compliance significance, these records constitute the core accounting documentation of an enterprise and are therefore subject to enhanced retention requirements. 

c. Permanent Retention 

Certain accounting records possessing historical significance or long-term economic, security, or institutional value are subject to permanent retention. 

Under Decree No. 174/2016/ND-CP, permanent retention refers to preservation for an indefinite period exceeding ten years until the natural destruction of the document. The determination of which documents warrant permanent retention is generally made by the head or legal representative of the enterprise, taking into account the document’s historical significance and long-term value. 

2. Human Resources and Labor Documents 

Unlike accounting records above, Vietnamese labor legislation does not prescribe a single retention period applicable to all employment-related documents. Instead, the applicable retention period varies depending on the nature, purpose, and legal significance of each document. 

a. Timesheets, Payroll, Tax, and Social Insurance Records 

Timesheets and payroll records constitute the primary basis for calculating employees’ working hours, salaries, allowances, and other employment-related payments. In practice, these records also serve as supporting accounting documents for recording labor costs and preparing financial statements. 

As these documents are directly linked to accounting records, they are subject to the retention requirements prescribed under the Law on Accounting 2015 and Decree No. 174/2016/ND-CP. Accordingly, enterprises should retain such records for at least ten (10) years from the end of the relevant accounting period. 

b. Occupational Accident Records 

Occupational accident records are subject to specific retention requirements under Decree No. 39/2016/ND-CP guiding the Law on Occupational Safety and Hygiene. 

For fatal occupational accidents, the relevant records must be retained for fifteen (15) years. For non-fatal occupational accidents, the records must be maintained until the injured employee reaches retirement age. 

An occupational accident dossier generally includes investigation reports, site examination minutes, photographs of the accident scene and injured persons, medical assessment reports, witness statements, victim statements, and relevant medical records. 

c. Other Employment-Related Documents 

For labor documents that are not subject to a specific statutory retention period, enterprises should determine an appropriate retention period based on legal risk, operational requirements, and internal governance considerations. 

From a dispute management perspective, the Labor Code 2019 generally provides a one-year statute of limitations for requesting the resolution of labor disputes. As a practical matter, enterprises should consider retaining relevant employment records for at least two years following the termination of the employment relationship in order to address potential disputes and circumstances in which limitation periods may be suspended or excluded under applicable law. 

Similarly, records that may be relevant to labor inspections, social insurance audits, or administrative enforcement actions should be preserved for an adequate period. Under the Law on Handling of Administrative Violations and Decree No. 12/2022/ND-CP, the statute of limitations for administrative sanctions in the labor and social insurance sectors is generally one year and may be extended in certain circumstances. Accordingly, retaining such records for at least two years is generally advisable from a risk management perspective. 

Where a document has a specific validity period, it should generally be retained throughout its effective term and for an additional period thereafter if it remains relevant for accounting, compliance, evidentiary, or dispute-resolution purposes. 

3. Customsand Import-Export Records 

Enterprises engaged in import and export activities are subject to separate record-keeping obligations under customs legislation. 

a. Customs Dossiers 

Under the Law on Customs 2014, a customs dossier generally includes customs declarations, commercial invoices, transport documents, certificates of origin, import-export permits, and other supporting documents required for customs clearance procedures. 

b. Retention Period for Customs Dossiers 

Pursuant to the Law on Customs 2014, customs declarants who are owners of imported or exported goods are required to retain customs dossiers relating to cleared goods for a period of five (5) years from the date of customs declaration registration. 

This retention period broadly corresponds with the period during which customs authorities may conduct post-clearance inspections and reviews. 

It should be noted that this retention obligation generally applies to goods owners acting as customs declarants and does not necessarily extend to entities acting solely as customs clearance agents. 

c. Interaction Between Customs and Accounting Requirements 

In addition to retaining customs dossiers, customs regulations also require goods owners to maintain accounting books and supporting records relating to imported and exported goods. 

In practice, many documents contained within a customs dossier, particularly commercial invoices and transaction documents, also constitute accounting records. Where such documents are directly used for recording accounting books or preparing financial statements, they become subject to the retention requirements prescribed under the Law on Accounting 2015 and Decree No. 174/2016/ND-CP, which generally require retention for at least ten (10) years. 

Furthermore, the Law on Archives 2024 provides that where a dossier contains documents subject to different retention periods, the longest applicable retention period should generally be applied to the dossier as a whole. As a result, enterprises should carefully assess whether documents within a customs dossier are also subject to accounting retention requirements before determining the applicable retention period. 

Conclusion 

Document retention in Vietnam requires enterprises to navigate a complex framework of overlapping legal obligations. While legislation such as the Law on Customs 2014, the Law on Accounting 2015, Decree No. 174/2016/ND-CP, and other sector-specific regulations prescribe clear retention periods for certain categories of records, many employment and administrative documents require enterprises to adopt a risk-based approach when determining appropriate retention periods. 

Before disposing of any corporate record, enterprises should carefully assess the document’s nature, legal function, and potential relevance to future audits, inspections, investigations, or disputes. In circumstances where multiple retention requirements may apply to the same document, adopting the longest applicable retention period is generally the most prudent approach. 

Establishing a comprehensive internal document retention policy that aligns with applicable legal requirements and operational needs can help enterprises ensure regulatory compliance while safeguarding their legal and commercial interests. 

Submission date: 20/6/2026

Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Business and Investment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.

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