The company keeps the employee's original documents: Is it against the law?

During the recruitment process, many businesses require employees to submit original citizen IDs, degrees, certificates or other identification documents to "guarantee" that employees will stick to their jobs or fully fulfill their commitments in the labor contract. In some cases, even though the employee has repeatedly requested, the enterprise still does not return the original papers, affecting the implementation of civil transactions, administrative procedures or the search for a new job.

So is the company's keeping of the employee's original papers in accordance with the law? Does the employee have the right to request the return of documents? If the enterprise deliberately fails to do so, how should it be handled? The following article will analyze the provisions of the current law.

1. Can the company keep the original documents of the employee?

The answer is no.

According to Clause 1, Article 17 of the Labor Code 2019, the employer is not allowed to keep the original of the employee's identity papers, diplomas, and certificates.

This regulation aims to ensure the freedom of labor of citizens, avoid the situation that employees are illegally bound or restricted in their right to choose jobs because enterprises keep important documents.

Therefore, the fact that enterprises require employees to submit the original citizen ID, passport, diploma, practice certificate or other original papers to be kept during the working period is an act that is not in accordance with the provisions of labor law.

2. Why is the law prohibiting the retention of original documents of employees?

2.1. Ensuring the freedom to choose jobs

The 2013 Constitution and the 2019 Labor Code both recognize the right to work and the freedom to choose occupations and jobs of citizens.

If the enterprise keeps the original documents, the employee may face difficulties when carrying out administrative procedures, entering into labor contracts with other units or carrying out transactions that require the presentation of original documents.

The prohibition of keeping original documents contributes to ensuring that employees are not bound against their will.

2.2. Limiting the situation of forcing employees to continue working

In fact, there are enterprises that hold the qualifications or citizen identity cards of employees in order to pressure them not to quit their jobs or to continue working even though they have the desire to terminate the labor contract.

This is an act that is not allowed by law. Labor relations must be maintained on the basis of agreement, good faith and compliance with the provisions of the law, and cannot rely on keeping original documents to restrict the rights of employees.

3. Can enterprises be required to deposit or mortgage assets to work?

According to Clause 2, Article 17 of the Labor Code 2019, the employer is not allowed to require the employee to take security measures in money or other assets to perform the labor contract, unless otherwise provided for by law for some specific fields.

Therefore, if the enterprise requires the employee to pay a deposit, deposit or hand over assets to ensure the performance of the labor contract, it is necessary to consider the legality of that request on the basis of current legal provisions.

For most ordinary labor relations, the requirement for deposits or the delivery of assets to secure the performance of the contract is not in accordance with the provisions of the Labor Code.

4. What do employees need to do when the company keeps the original documents?

4.1. Request enterprises to return papers

Employees should actively send a written request or email requesting the enterprise to return all the original documents submitted.

The written implementation will help save evidence of the request process, creating a basis if a dispute arises in the future or it is necessary to work with the competent authority.

In many cases, businesses will take the initiative to remedy when they receive requests and are aware of the provisions of the law.

4.2. Complaints or proposals to competent agencies for settlement

If the enterprise does not return the papers or continues to keep them in contravention of regulations, the employee can exercise the right to complain or request the competent authority to consider and handle in accordance with the law.

Depending on each specific case, employees can also request the settlement of labor disputes to protect their legitimate rights and interests.

5. How can enterprises holding original documents be handled?

The act of keeping the original of the employee's identity papers, diplomas or certificates is strictly prohibited by labor law.

In addition to having to return all kept papers, enterprises may also be sanctioned for administrative violations in accordance with the law on sanctioning administrative violations in the field of labor if there are sufficient grounds and are sanctioned.

In case the retention of papers causes actual damage to the employee, depending on each case, the enterprise may also be liable for compensation in accordance with the provisions of law if it meets the conditions for arising compensation liability.

6. The role of lawyers when enterprises keep the original papers of employees

In fact, many employees do not know that the fact that enterprises keep original citizen IDs, degrees or other important documents is prohibited by labor law. In many cases, because of concerns about affecting work or fear of making it difficult to quit their jobs, employees accept so that businesses continue to keep papers for a long time. At that time, the lawyer will help the employee assess the legality of the act, determine the rights and obligations of the parties according to the Labor Code 2019 as well as relevant legal documents.

In addition to advising on legal regulations, the lawyer will assist in drafting a document requesting the enterprise to return the original documents, instructing the employee to collect evidence such as the record of delivery and receipt of documents, emails, messages, internal notices or other documents to prove that the enterprise is holding documents in contravention of regulations. In case the enterprise does not voluntarily remedy it, the lawyer will advise on choosing an appropriate option such as complaining to the competent authority, requesting the handling of administrative violations or resolving labor disputes in accordance with the legal order.

In the process of settling the case, the lawyer can represent or protect the legitimate rights and interests of the employee when working with the enterprise, the state management agency in charge of labor or the Court if a dispute arises. The involvement of lawyers from the early stage not only helps employees understand their rights but also contributes to limiting legal risks, ensuring the handling of cases in accordance with regulations, and improving the ability to protect the legitimate rights and interests of employees effectively and promptly.

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(Written by: Doan Ngoc Khanh; Date written: 17/7/2026)

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