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THE GOVERNMENT
OF
VIET NAM
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THE SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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No. 283/2026/ND-CP
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Hanoi, July 15, 2026
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DECREE
PENALTIES FOR ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON LABOUR, SOCIAL INSURANCE, AND VIETNAMESE GUEST WORKERS
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13, as amended by the Law
No. 67/2020/QH14 and the Law No. 88/2025/QH15;
Pursuant to the Labour
Code No. 45/2019/QH14;
Pursuant to the Law on
Employment No. 74/2025/QH15;
Pursuant to the Law on
Social Insurance No. 41/2024/QH15;
Pursuant to the Law on
Vietnamese guest workers No. 69/2020/QH14;
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Pursuant to the Law on
Trade Unions No. 50/2024/QH15, as amended by the Law No. 97/2025/QH15;
Pursuant to the Law on
Investment No. 143/2025/QH15;
At the request of the Minister of Home Affairs;
The Government hereby
promulgates a Decree on penalties for administrative violations against
regulations on labour, social insurance, and Vietnamese guest workers.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
This Decree deals with
administrative violations, penalties, fines, remedial measures, the power to
make records of administrative violations, the power to impose penalties, and
implementation of penalties and remedial measures for the administrative
violations in the following fields:
a) Labour, including:
employment; recruitment and management of employees; working conditions and
labour relations; occupational safety and health; and grassroots-level
representative organizations of employees;
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c) Vietnamese employees
working abroad under contracts (hereinafter referred to as “Vietnamese guest
workers”).
2. Other administrative
violations in the fields of labour, social insurance, and Vietnamese guest
workers that are not provided for in this Decree shall be handled in accordance
with the regulations on penalties for administrative violations in the relevant
fields of state management.
Article
2. Regulated entities
1. Employers, employees or
workers, and other individuals and organizations (hereinafter referred to as
“entities”) committing administrative violations in the fields of labour,
social insurance, and Vietnamese guest workers as prescribed in this Decree.
2. Persons having the
power to impose penalties, and persons having the power to make violation
records.
3. Other agencies,
organizations, and individuals involved in the imposition of penalties for
administrative violations and the implementation of penalties and remedial
measures prescribed in this Decree.
Article
3. Penalties, remedial measures, prescriptive periods for imposing penalties,
completed administrative violations, and ongoing administrative violations
1. Entities committing
administrative violations in the fields of labour, social insurance, and
Vietnamese guest workers shall be liable to a primary penalty in the form of
either a warning or a fine.
2. Depending on the nature
and severity of the violation, the violating entity may also incur the
following additional penalties:
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b) Suspension of practicing
certificates for fixed periods;
c) Suspension of
operations for fixed periods;
d) Expulsion of foreign
employees working in Viet Nam.
3. Remedial measures:
a) The remedial measures
prescribed in point i clause 1 Article 28 of the Law on Handling of Administrative
Violations No. 15/2012/QH13, as amended by Law No. 67/2020/QH14 and Law No.
88/2025/QH15 (hereinafter referred to as the "Law on Handling of
Administrative Violations");
b) Other measures
specified in Chapters II, III, and IV of this Decree.
4. The prescriptive
periods for imposing penalties for administrative violations in the fields of
labour, social insurance, and Vietnamese guest workers is provided for as
follows:
a) 01 year, for
administrative violations in the fields of labour and social insurance;
b) 02 years, for
administrative violations in the field of Vietnamese guest workers.
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Article
4. Referral of case files on violations showing signs of a criminal offence
1. Procedures for imposing
penalties for violations in the fields of labour, social insurance, and Vietnamese
guest workers shall comply with the Law on Handling of Administrative
Violations and its implementing documents, Clauses 2 and 3 of this Article, and
Article 5 of this Decree.
2. During the
consideration and handling of any of the following violations, if a violation
is found to show signs of a criminal offence, the competent person handling the
case shall refer the case file relating to the act showing signs of a criminal
offence to the authority competent to institute criminal proceedings for criminal
prosecution in accordance with Article 62 of the Law on Handling of
Administrative Violations:
a) Forging licenses,
certificates, or certifications; forging documents or papers of agencies or
organizations, as prescribed in Point a Clause 4 Article 10; Point d Clause 2
Article 36, Point d Clause 3 Article 36; Point dd Clause 1 Article 37, Clause 5
Article 37; Clause 2 Article 47; Point h Clause 9 Article 49; Point d Clause 3
Article 53 of this Decree;
b) Using forged papers or
documents, as prescribed in Point b Clause 4 Article 13 of this Decree;
c) Illegally accessing,
sharing, or using information or data contained in the employee database and
labour market information that have not yet been published or disseminated by a
competent authority, as prescribed in Clause 2 Article 10 of this Decree;
d) Taking advantage of
provision of employment services to infringe upon national sovereignty,
national defense and security, national interests, social order and safety,
public interests, and the lawful rights and interests of agencies,
organizations, or individuals, as prescribed in Point b Clause 4 Article 10 of
this Decree;
dd) Illegally trading,
exchanging, or appropriating information or data contained in the employee
database and labour market information that have not yet been published or
disseminated by a competent authority, as prescribed in Point c Clause 4
Article 10 of this Decree;
e) Infringing upon the
honour, prestige, or dignity of an employee when taking disciplinary action
against such employee, as prescribed in Point b Clause 3 Article 25 of this
Decree;
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h) Coercing, inciting,
luring, or deceiving Vietnamese workers into unlawfully remaining abroad, as
prescribed in Point c Clause 9 Article 49; Point c Clause 8 Article 50; Point c
Clause 7 Article 51; Point c Clause 6 Article 52; Point c Clause 3 Article 53
of this Decree;
i) Committing a violation
of regulations on forced labour, in case of recidivism, as prescribed in Point
a Clause 4 Article 17 of this Decree;
k) Committing a violation
of regulations on employing persons aged full 15 to under 18 years to perform
prohibited jobs or work at prohibited places, in case of recidivism, as
prescribed in Point c Clause 3 Article 27 of this Decree;
l) Committing a violation
of regulations on payment of compulsory social insurance contributions, in case
of recidivism, as prescribed in Article 44 of this Decree; committing a
violation of regulations on payment of unemployment insurance contributions, in
case of recidivism, as prescribed in Article 46 of this Decree.
3. Where, after receiving
a case file under Clause 2 of this Article, the authority competent to
institute criminal proceedings decides not to initiate criminal prosecution, it
shall refer the violation case file to the person having the power to impose
penalties for administrative violations, in accordance with Clause 3 Article 62
of the Law on Handling of Administrative Violations, for the imposition of
penalties for administrative violations as prescribed in this Decree.
Article
5. Making records of administrative violations for the violation prescribed in
Clause 2 Article 53 of this Decree
1. Chairpersons of
People’s Committees, the Director-General of the Department of Overseas Labour
Management, Directors of Departments of Home Affairs, persons having the power
to impose penalties of the People’s Public Security Forces, heads of diplomatic
missions, consular missions, or other missions authorized to perform Viet Nam’s
consular functions abroad; and civil servants and public employees performing
official duties or inspection and examination duties concerning Vietnamese
guest workers pursuant to legislative or administrative documents issued by the
competent authority or person, shall make records of administrative violations
for unlawfully remaining abroad on the worker's own initiative after the
termination of an employment contract or vocational training contract, where
such remaining abroad is not due to any form of threat or coercion and does not
fall within the cases subject to criminal prosecution, upon any of the
following grounds:
a) Directly detecting the
violation while performing official duties;
b) Receiving a written
notice of the worker’s violation from a competent authority or body of the host
country;
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2. In the cases prescribed
in Points b and c Clause 1 of this Article, the record of the administrative
violation may only be made after the information and documents have been
checked and verified in accordance with regulations of law.
Article
6. Online handling of administrative violations
Online handling of
administrative violations in the fields of labour, social insurance, and
Vietnamese guest workers shall comply with provisions of Article 18a of the Law
on Handling of Administrative Violations and Chapter IIIa of the Government’s
Decree No. 118/2021/ND-CP dated December 23, 2021, as amended by Decree No.
68/2025/ND-CP and Decree No. 190/2025/ND-CP.
Article
7. Fines and principles governing imposition of fines for repeated
administrative violations
1. The fines for
administrative violations prescribed in Chapters II, III, and IV of this Decree
are those imposed on individuals, except for the cases prescribed in: Article
8; Article 9; Clause 3 Article 10; Clauses 3, 4, 5, and 6 Article 19; Clauses 2
and 4 Article 36; Clause 1 Article 37; Clauses 1, 5, 6, 7, and 8 Article 38;
Clause 3 Article 42; Clauses 6 and 11 Article 48; Article 49; Clauses 1 through
8 Article 50; Clauses 1 through 6 Article 52; and Clause 4 Article 53 of this
Decree, where the fines shall be imposed on organizations. The fine imposed on
an organization is twice as much as that imposed on an individual for
committing the same administrative violation.
2. Organizations liable to
a fine that is twice as much as the fine imposed on individuals as prescribed
in this Decree include:
a) Regulatory authorities
committing the violations which are not related to their assigned management
tasks;
b) Enterprises that are
duly established and operating under the law of Viet Nam; branches and
representative offices of Vietnamese enterprises or of foreign enterprises
operating in Viet Nam;
c) Cooperatives and
cooperative unions;
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dd) Socio-political
organizations, socio-political-professional organizations, social
organizations, social-professional organizations, economic organizations, and
units of people’s armed forces;
e) Resident offices of
foreign news agencies, press agencies, radio and television agencies;
representative offices of foreign publishers or foreign publication
distribution organizations in Viet Nam;
g) Foreign diplomatic
missions and consular missions, representative offices of international
organizations within the United Nations system, inter-governmental
international organizations, and regional or sub-regional organizations;
representative offices of foreign government organizations in Viet Nam;
h) Vietnamese
non-governmental organizations, and foreign non-governmental organizations
issued with a registration certificate by a competent Vietnamese authority in
accordance with the law of Viet Nam;
i) Representative offices
operating on a non-profit basis in Viet Nam of foreign economic, commercial,
financial, banking, insurance, scientific and technical, cultural, educational,
medical, or legal consultancy organizations;
k) Educational
institutions, vocational education institutions, medical establishments, and
cultural-social establishments;
l) Other organizations
established in accordance with regulations of law.
3. Penalties imposed on a
household business, or a family household, shall be same as those imposed on an
individual for committing the same administrative violation specified in this
Decree.
4. An entity that
repeatedly commits an administrative violation shall incur penalties for each
commission of violation, except the cases where an entity commits one of the
violations prescribed in Clause 1 Article 42 and Articles 43, 44, 45, and 46 of
this Decree, at different times but has not yet been subjected to any
administrative penalties, and the prescriptive period for imposing penalties
for the violation has not yet expired, in which case penalties for such
violation shall be considered and imposed once while the repeated commission of
the administrative violation shall be taken into account as an aggravating
circumstance as prescribed in point b clause 1 Article 10 of the Law on
Handling of Administrative Violations.
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VIOLATIONS,
PENALTIES, AND REMEDIAL MEASURES FOR VIOLATIONS IN THE FIELD OF LABOUR
Section
1. VIOLATIONS OF REGULATIONS ON EMPLOYMENT, RECRUITMENT, AND LABOUR MANAGEMENT
Article
8. Violations of regulations on employment services committed by public
employment service providers
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on a public employment service
provider for committing one of the following violations:
a) Failing to publicly
post working hours and procedures for provision of employment services as
prescribed by a competent authority;
b) Failing to report the
results of its provision of employment services to the relevant Department of
Home Affairs through the National Job Exchange in accordance with regulations;
c) Failing to collect,
store, analyze and forecast labour market information within its assigned area.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on a public employment service
provider for committing one of the following violations:
a) Charging employees fees for employment
counseling or job placement services, or fees for the provision of labour
market information;
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c) Failing to ensure the security and
confidentiality of personal data, labour data, and employment transaction data
in accordance with law;
d) Failing to update the National Job
Exchange with the recruitment results within 20 working days from the date on
which the employer notifies the recruitment of employees;
dd) Failing to monitor the employment status
of employees referred by the public employment service provider for a minimum
period of 01 month or, where an employee enters into an employment contract
with a term of less than 01 month, throughout the term of such employment
contract.
3. Remedial measure:
The violating entity is
compelled to return to the employee of the amount unlawfully charged, together
with interest thereon calculated at the highest demand deposit interest rate
publicly quoted by state-owned commercial banks at the time the administrative
penalty is imposed, in respect of the violation specified in Point a Clause 2
of this Article.
Article
9. Violations of regulations on employment services committed by employment
service enterprises
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on an employment service enterprise
for committing one of the following violations:
a) Failing to publicly post, at the head
office where the enterprise provides employment services and at its branches,
the working schedule, the fees for employment counseling and job placement
services, and the enterprise’s contact information, including its name, the
addresses of its head office and branches, its website (if any), email address,
and contact telephone number;
b) Failing to report the results of
provision of employment services by the enterprise and its branches to the
relevant Department of Home Affairs through the National Job Exchange in
accordance with law;
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d) Failing to notify, in writing or through
the National Job Exchange, the Department of Home Affairs in charge of the
province or city where its branch is located of the branch’s new location at
least 10 working days before the relocation date, where the
enterprise relocates its branch.
2. A fine of between VND
1.000.000 and VND 3.000.000 shall be imposed on a branch of an employment
service enterprise for failing to publicly post, at its premises, the enterprise’s
decision to assign employment service duties to the branch.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on an employment service enterprise
for committing one of the following violations:
a) Failing to update the
National Job Exchange with the recruitment results within 20 working days from
the date on which the employer notifies the recruitment of employees;
b) Failing to monitor the
employment status of employees referred by the employment service enterprise
for a minimum period of 01 month or, where an employee enters into an
employment contract with a term of less than 01 month, throughout the term of
such employment contract;
c) Failing to establish, update, and manage
data on employees registering for employment counseling and job placement
services and on employers registering to recruit employees, and to connect and
share such information and data in accordance with the guidance of the Ministry
of Home Affairs;
d) Failing to ensure the
security and confidentiality of personal data, labour data, and employment
transaction data in accordance with law;
dd) Failure of an enterprise providing
employment services through e-commerce method to connect, share, and
synchronize information and data with the National Job Exchange, where it meets
the relevant conditions as prescribed by the Law on e-commerce.
4. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an employment service
enterprise for committing one of the following violations:
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b) Failing to notify, through the National
Job Exchange, the Department of Home Affairs of the province or city where its head
office is located at least 05 working days before the date of commencement or
termination of its provision of employment services.
Article
10. Violations of regulations on employment
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an entity for practicing
discrimination in employment where such discrimination is not based on the
inherent requirements of the job, or for failing to maintain or protect the
employment of vulnerable employees, except for the acts of discrimination
specified in Point a Clause 2 Article 11, Point d Clause 1 Article 19, Clause 2
Article 34, Clause 1 Article 40, and Point a Clause 2 Article 41 of this
Decree.
2. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed on an entity for illegally
accessing, sharing, or using information or data contained in the employee
database and labour market information that have not yet been published or
disseminated by a competent authority, where such act does not give rise to
criminal liability.
3. A fine ranging from VND
45.000.000 to VND 60.000.000 shall be imposed for providing employment services
without being a lawfully established employment service organization.
4. A fine ranging from VND
50.000.000 to VND 70.000.000 shall be imposed on an entity for committing one
of the following violations:
a) Committing fraud or forging dossiers in
the implementation of employment policies or in the assessment and issuance of
national occupational skills certificates, where such act does not give rise to
criminal liability or is not serious enough to warrant criminal prosecution;
b) Taking advantage of
provision of employment services to infringe upon national sovereignty,
national defense and security, national interests, social order and safety,
public interests, or the lawful rights and interests of agencies,
organizations, or individuals, where
such act does not give rise to criminal liability;
c) Illegally trading,
exchanging, or appropriating information or data contained in the employee
database and labour market information that have not yet been published or
disseminated by a competent authority, where
such act does not give rise to criminal liability.
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The exhibits of the
administrative violation prescribed in Point a Clause 4 of this Article, which
include forged documents, shall be confiscated.
6. Remedial measure:
The violating entity is
compelled to return to the employment service user of the amount charged,
together with interest thereon calculated at the highest demand deposit
interest rate publicly quoted by state-owned commercial banks at the time the
administrative penalty is imposed, in respect of the violation specified in
Clause 3 of this Article.
Article
11. Violations of regulations on recruitment and management of employees
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Failing to declare the use of employees
in accordance with regulations;
b) Collecting fees from employees participating
in recruitment;
c) Failing to fully record and enter
information on employees in the employee management book from the date on which
the employee starts to work;
d) Failing to present the employee
management book upon request by a competent authority.
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a) Practicing
discrimination in employment, except for the acts of discrimination prescribed
in Clause 1 Article 10; Point d Clause 1 Article 19; Clause 2 Article 34;
Clause 1 Article 40; and Point a Clause 2 Article 41 of this Decree;
b) Employing persons who
have not received the required training or do not hold a national occupational
skills certificate for occupations or jobs requiring trained employees or
employees holding such certificate;
c) Failing to submit
reports on changes in the workforce as prescribed by law;
d) Failing to establish an
employee management book,
establishing such book beyond the prescribed time limit, or failing to ensure
that such book contains the minimum information as required by law.
3. A fine ranging from VND
50.000.000 to VND 75.000.000 shall be imposed for any of the following acts:
enticing, inducing, making promises, engaging in deceptive advertising, or
using other means to deceive employees, or to recruit employees for the purpose
of exploitation or forced labour, where such act is not serious enough to warrant
criminal prosecution.
4. Remedial measure:
The employer that commits
the violation prescribed in Point b Clause 1 of this Article is compelled to
return to the employee the amount collected.
Article
12. Violations of regulations on employee registration and updating of employee
registration information
1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed on an employee subject to
compulsory social insurance participation for failing to provide information as
prescribed by law to serve as the basis for employee registration, or
incompletely or inaccurately providing such required information,.
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a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for a violation involving 01 to 50
employees;
b) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for a violation involving 51 to
100 employees;
c) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving 101
employees or more.
3. Remedial measure:
The entity committing any
of the violations prescribed in Clauses 1 and 2 of this Article is compelled to
carry out employee registration or updating of employee registration
information.
Article
13. Violations of regulations on foreign employees working in Viet Nam
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Failing to give notice, giving a notice
beyond the prescribed time limit, or giving a notice with incomplete
information, as required in Clause 4 Article 9 of the Government’s Decree No.
219/2025/ND-CP dated August 07, 2025, in the case where a foreign employee is
not required to follow procedures for issuance of a confirmation of exemption
from the work permit requirement;
b) Failing to give notice,
giving a notice beyond the prescribed time limit, or giving a notice with
incomplete information, as required in Clause 5 Article 9 of the Government’s
Decree No. 219/2025/ND-CP dated August 07, 2025, in the case where a foreign
employee who has been
issued with a confirmation of exemption from the work permit requirement wishes
to work for the same employer in multiple provinces or centrally-governed
cities;
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2. A fine ranging from VND
5.000.000 to VND 10.000.000 per employee affected, but not exceeding VND
75.000.000, shall be imposed on an employer for committing one of the following
violations:
a) Employing a foreign
employee to perform work that is inconsistent with the particulars specified in
his/her work permit or confirmation of exemption from the work permit
requirement;
b) Failing to collect the
work permit, or collecting the work permit beyond the prescribed time limit,
for return to the competent authority that issued it, together with a written
report regarding the revocation case, as prescribed in Clause 1 Article 31 of
the Government's Decree No. 219/2025/ND-CP dated August 07, 2025;
c) Failing to return the
work permit as prescribed in Clause 2 Article 31 of the Government's Decree No.
219/2025/ND-CP dated August 07, 2025;
d) Failing to collect the
confirmation of exemption from the work permit requirement, or collecting the
confirmation of exemption from the work permit requirement beyond the
prescribed time limit, for return to the competent authority that issued it,
together with a written report regarding the revocation case, as prescribed in
Clause 1 Article 33 of the Government's Decree No. 219/2025/ND-CP dated August
07, 2025;
dd) Failing to return the
confirmation of exemption from the work permit requirement as prescribed in
Clause 2 Article 33 of the Government's Decree No. 219/2025/ND-CP dated August
07, 2025.
3. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed on a foreign employee working in
Viet Nam for committing one of the following violations:
a) Working without a work
permit or a confirmation of exemption from the work permit requirement, where
such permit or confirmation is required by law;
b) Using an expired work
permit or an expired confirmation of exemption from the work permit requirement.
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a) Altering or falsifying
documents included in the application for issuance, re-issuance, or extension
of a work permit or confirmation of exemption from the work permit requirement
for a foreign employee, where such
act is not serious enough to warrant criminal prosecution;
b) Using forged documents
in the application for issuance, re-issuance, or extension of a work permit or
confirmation of exemption from the work permit requirement, where such act is not serious enough to warrant criminal
prosecution.
5. The following fines
shall be imposed on an employer for employing a foreign employee to work in
Viet Nam without a work permit or confirmation of exemption from the work
permit requirement, or employing a foreign employee whose work permit or
confirmation of exemption from the work permit requirement has expired:
a) A fine ranging from VND
30.000.000 to VND 45.000.000 shall be imposed for a violation involving 01 to
10 employees;
b) A fine ranging from VND
45.000.000 to VND 60.000.000 shall be imposed for a violation involving 11 to
20 employees;
c) A fine ranging from VND
60.000.000 to VND 75.000.000 shall be imposed for the violation involving 21
employees or more.
6. Additional penalties:
a) The exhibits, including
altered, falsified, or forged documents, of the violation in Clause 4 of this
Article shall be confiscated;
b) The foreign employee
working in Viet Nam who commits the violation in Clause 3 or Clause 4 of this
Article shall be expelled from Viet Nam.
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a) The entity committing
the violation in Point a, b, or c Clause 1 of this Article is compelled to
complete notification procedures as prescribed;
b) The entity committing
one of the violations in Points b, c, d, and dd Clause 2, Point b Clause 3, and
Clause 4 of this Article is compelled to return the work permit or confirmation
of exemption from the work permit requirement to the competent authority that
issued it.
Article
14. Violations of regulations on recruitment, use, and management of Vietnamese
employees working for foreign entities in Viet Nam
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on a foreign entity in Viet Nam for
employing Vietnamese employees but failing to submit periodical reports on the
recruitment and use of Vietnamese employees, or submitting such reports
containing incomplete or inaccurate information or beyond the prescribed time
limit, to the agency or organization competent to recruit and manage Vietnamese
employees as prescribed by law.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on a foreign entity in Viet Nam
for failing to give written notice, in accordance with law, to the agency or
organization competent to recruit and manage Vietnamese employees upon entering
into an employment contract with a Vietnamese employee or upon termination of
employment of a Vietnamese employee.
3. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on a Vietnamese employee for
failing to comply with, failing to comply within the prescribed time limit, or
failing to fully comply with regulations on management of Vietnamese employees
working for foreign entities in Viet Nam.
4. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on a Vietnamese employee for
intentionally violating regulations on management of Vietnamese employees
working for foreign entities in Viet Nam after having been notified of the
requirements for compliance with such regulations.
5. Remedial measures:
a) The foreign entity in
Viet Nam is compelled to submit reports on the recruitment and use of
Vietnamese employees, for the violation in Clause 1 of this Article; and give
written notice as required by law, for the violation in Clause 2 of this
Article;
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Section
2. VIOLATIONS OF REGULATIONS ON WORKING CONDITIONS AND LABOUR RELATIONS
Article
15. Violations of regulations on conclusion of employment contracts
1. The following fines
shall be imposed on an employer for committing one of the following violations:
failing to enter into a written employment contract with an employee performing
work with a term of 01 month or more; failing to enter into a written
employment contract with the person authorized to enter into an employment
contract on behalf of a group of employees aged 18 years or older performing
seasonal work or a specific job with a term of less than 12 months as
prescribed in Clause 2 Article 18 of the Labour Code; entering into an
employment contract of an incorrect type with an employee; or entering into an
employment contract that does not include all mandatory contents as prescribed
by law:
a) A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed for a violation involving 01 to 10
employees;
b) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for a violation involving 11 to 50
employees;
c) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for a violation involving 51 to
100 employees;
d) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for a violation involving 101 to
300 employees;
dd) A fine ranging from
VND 20.000.000 to VND 25.000.000 shall be imposed for the violation involving
301 employees or more.
2. A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed on an employer for committing one
of the following violations:
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b) Requiring an employee
to provide a cash deposit or other property as security for the performance of
an employment contract;
c) Entering into an
employment contract with a person aged from 15 years to less than 18 years
without the written consent of his or her legal representative.
3. Remedial measures:
a) The employer that fails
to enter into a written employment contract with an employee performing work
with a term of 01 month or more as specified in Clause 1 of this Article is
compelled to enter into a written employment contract with such employee;
b) The employer that fails
to enter into a written employment contract with the person authorized to enter
into an employment contract on behalf of a group of employees aged 18 years or
older performing seasonal work or a specific job with a term of less than 12
months as prescribed in Clause 2 Article 18 of the Labour Code as referred to
in Clause 1 of this Article is compelled to enter into a written employment
contract with such authorized person;
c) The employer that
enters into an employment contract of incorrect type with an employee as
specified in Clause 1 of this Article is compelled to enter into the employment
contract of correct type with such employee;
d) The employer that
commits the violation specified in Point a Clause 2 of this Article is
compelled to return to the employee’s original identity documents, diplomas and
certificates;
dd) The employer that
commits the violation specified in Point b Clause 2 of this Article is
compelled to return to the employee the amount of money or property retained
from the employee, together with interest on the amount of money retained,
calculated at the highest demand deposit interest rate publicly quoted by
state-owned commercial banks at the time the administrative penalty is imposed.
Article
16. Violations of regulations on probation
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a) Requiring an employee
working under an employment contract with a term of less than 01 month to
undergo probation;
b) Failing to notify an
employee of the probation result upon the expiry of his/her probationary period.
2. A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Requesting an employee
to undergo probation more than once for the same job;
b) Subjecting an employee
to probation for a period exceeding the agreed duration or the maximum period
prescribed in Article 25 of the Labour Code;
c) Paying a probationary
salary lower than the agreed salary or lower than eighty-five percent (85%) of
the salary for that job;
d) Failing to enter into
an employment contract upon an employee's satisfactory completion of probation,
where the parties have entered into a probation contract.
3. Remedial measures:
a) The employer that
commits the violation specified in Point a Clause 1 or Point a, b or c Clause 2
of this Article is compelled to pay the employee the full salary for that job;
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Article
17. Violations of regulations on performance of employment contracts
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on an employer for temporarily
reassigning an employee to perform work other than that specified in the
employment contract without giving the employee at least three (03) working
days' prior notice, or without informing the employee, or informing the
employee without clearly specifying, the duration of the temporary
reassignment, or for assigning an employee to work unsuitable to his/her health
or gender.
2. A fine ranging from VND
3.000.000 to VND 7.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Assigning an employee
to work at a location other than the one agreed upon in the employment
contract, except for the cases prescribed in Article 29 of the Labour Code;
b) Failing to reinstate an
employee upon the expiry of the suspension period of the employment contract
where the employment contract remains valid, except where otherwise agreed upon
by the employer and the employee or otherwise prescribed by law;
c) Reassigning an employee
to perform work other than that specified in the employment contract without a
lawful reason, beyond the prescribed duration, or without the employee's
written consent as prescribed by law.
3. A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed for committing sexual harassment
in the workplace, where such act is
not serious enough to warrant criminal prosecution.
4. A fine ranging from VND
50.000.000 to VND 75.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Committing forced
labour or maltreating an employee, where such act is not serious enough to warrant
criminal prosecution;
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5. Remedial measures:
a) The employer that
commits the violation specified in Point a Clause 2 of this Article is
compelled to assign the employee to work at the location agreed upon in the
employment contract;
b) The employer that
commits the violation specified in Point b Clause 2 of this Article is
compelled to reinstate the employee after the expiry of the suspension period
of the employment contract, except where otherwise agreed upon by the parties
or otherwise prescribed by law, and to pay the employee's salary for the days
during which the employee was not reinstated after such expiry;
c) The employer that
commits the violation specified in Point c Clause 2 of this Article is
compelled to assign the employee to perform the work specified in the signed
employment contract;
d) The violating entity is
compelled to make a public apology at the place of residence, workplace,
another location, or through the mass media, except where the victim has
submitted a written request not to require such apology.
Article
18. Violations of regulations on modification and termination of employment
contracts
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on an employer for failing to give
an employee written notice of the termination of his/her employment contract
where the employment contract is terminated in accordance with the Labour Code,
except for the cases prescribed in Clauses 4, 5, 6, 7 and 8 Article 34 of the
Labour Code.
2. The following fines
shall be imposed on an employer for committing one of the following violations:
modifying the term of an employment contract by means of an appendix to the
employment contract; failing to comply with the prescribed time limit for
payment of amounts relating to an employee's entitlements and benefits upon termination
of the employment contract; failing to pay, or failing to pay in full,
severance allowance to an employee as prescribed by law; failing to pay, or
failing to pay in full, redundancy allowance to an employee as prescribed by
law; failing to pay, or failing to pay in full, amounts due to an employee as
prescribed by law in the event of unlawful unilateral termination of the
employment contract; failing to complete the procedures for certifying the
period of social insurance and unemployment insurance contributions, and to
return to the employee such certification together with the original copies of
other documents of the employee upon termination of the employment contract as
prescribed by law; or failing to provide, at the employee's request, copies of
documents relating to the employee's period of employment after termination of
the employment contract:
a) A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for a violation involving 01 to 10
employees;
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c) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for a violation involving 51 to
100 employees;
d) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for a violation involving 101 to
300 employees;
dd) A fine ranging from
VND 15.000.000 to VND 20.000.000 shall be imposed for the violation involving
301 employees or more.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Terminating the
employment of an employee due to changes in the organizational structure or
technology, or for economic reasons, in any of the following circumstances:
failing to consult in advance with the grassroots-level representative
organization of employees where such organization exists and the employee is a
member thereof; failing to give at least thirty (30) days' prior notice to the
provincial-level People's Committee or the employee;
b) In the event of changes
in organizational structure or technology, or for economic reasons, or in the
event of full division, partial division, consolidation or merger, sale, lease
or conversion of the business type of enterprise, or transfer of ownership or
right to use the assets of an enterprise or cooperative, an employer commits
any of the following violations: failing to formulate a labour utilization
plan; formulating a labour utilization plan that does not contain all mandatory
contents prescribed by law; or failing to consult with the grassroots-level
representative organization of employees, where such organization exists, when
formulating the labour utilization plan;
c) Applying work
performance assessment regulations without consulting the grassroots-level
representative organization of employees where such organization exists.
4. Remedial measures:
a) The employer that fails
to pay, or fails to pay in full, severance allowance or redundancy allowance as
specified in Clause 2 of this Article is compelled to pay the employee the full
amount of such allowance, together with interest on such unpaid amount,
calculated at the highest demand deposit interest rate publicly quoted by
state-owned commercial banks at the time the administrative penalty is imposed;
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c) The employer that
commits the violation of the prior notice requirement as specified in Point a
Clause 3 of this Article is compelled to pay the employee an amount equal to
the salary under the employment contract for the period of prior notice that
was not given.
Article
19. Violations of
regulations on labour outsourcing
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on an enterprise receiving
outsourced workers (hereinafter referred to as the "client
enterprise") for committing one of the following violations:
a) Failing to inform or
instruct outsourced workers of any of the following: its internal labour
regulations; dangerous or harmful factors; occupational safety and health
measures at the workplace; and other internal regulations of the client
enterprise;
b) Failing to organize
occupational safety and health training for outsourced workers as prescribed by
law;
c) Failing to promptly
provide first aid or emergency care to victims; failing to report or investigate
occupational accidents or technical incidents endangering occupational safety
and health involving outsourced workers as prescribed by law;
d) Discriminating against
outsourced workers in terms of working conditions compared with the conditions
applicable to the client enterprise's employees.
2. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed on a client enterprise for
committing one of the following violations:
a) Using outsourced workers to perform work that is not
included in the list of jobs for which labour outsourcing is permitted;
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c) Using outsourced
workers to replace employees who are exercising their right to strike or are
involved in the settlement of a labour dispute;
d) Using outsourced
workers to replace employees whose employment has been terminated due to
changes in the organizational structure or technology, for economic reasons, or
as a result of full division, partial division, consolidation or merger;
dd) Assigning outsourced
workers to another employer;
e) Using outsourced workers without entering into a specific
agreement with the outsourcing enterprise on responsibility for compensation in
respect of occupational accidents and occupational diseases suffered by
outsourced workers;
g) Using outsourced
workers for purposes other than the following: temporarily meeting a sudden
increase in labour demand during a certain period; replacing an employee during
maternity leave, while recovering from an occupational accident or occupational
disease, or while performing civic obligations; or meeting the need for workers
with high professional or technical qualifications.
3. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on an outsourcing enterprise for
committing one of the following violations:
a) Failing to maintain records clearly stating the number of
outsourced workers and the client enterprises to which they are outsourced;
b) Failing to submit
reports on its provision of labour outsourcing services as prescribed by law;
c) Failing to cooperate
with the client enterprise in the investigation of an occupational accident
resulting in serious injury to an outsourced worker as prescribed by law;
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dd) Failing to appoint personnel to regularly supervise,
coordinate with, or inspect the client enterprise's implementation of
occupational safety and health measures for outsourced workers;
e) Failing to retain
occupational safety and health records relating to outsourced workers as
prescribed by law.
4. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an outsourcing enterprise for
committing one of the following violations:
a) Failing to notify the competent authority of the
commencement of its provision of labour outsourcing services as prescribed by
law, except where the enterprise holds an unexpired labour outsourcing license;
b) Failing to notify the
competent authority of the termination of its provision of labour outsourcing
services as prescribed by law.
5. The following fines
shall be imposed on an outsourcing enterprise for committing one of the following
violations: paying an outsourced worker a salary lower than that paid to an
employee of the client enterprise having the same qualifications and performing
the same work or work of equal value; failing to provide outsourced workers who
suffer occupational accidents or occupational diseases with the entitlements
and benefits as prescribed by law; or failing to inform outsourced workers of,
or providing false information about, the contents of the labour outsourcing
contract:
a) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for a violation involving 01 to
10 employees;
b) A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for a violation involving 11 to
50 employees;
c) A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for a violation involving 51 to
100 employees;
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dd) A fine ranging from
VND 80.000.000 to VND 100.000.000 shall be imposed for the violation involving
301 employees or more.
6. A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed on an outsourcing enterprise for
committing one of the following violations:
a) Providing outsourced workers to perform work that is not
included in the list of jobs for which labour outsourcing is permitted;
b) Providing outsourced
workers for a period exceeding 12 months;
c) Failing to maintain the
required deposit as prescribed by law.
7. Remedial measures:
a) The outsourcing
enterprise that commits the violation specified in Clause 4 of this Article is
compelled to notify the competent authority of the commencement or the
termination of its provision of labour outsourcing services;
b) The outsourcing
enterprise that pays an outsourced worker a salary lower than that paid to an
employee of the client enterprise having the same qualifications and performing
the same work or work of equal value, as specified in Clause 5 of this Article,
is compelled to pay the outsourced worker the unpaid difference in salary.
Article
20. Violations of regulations on vocational training, retraining and
occupational skills development
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a) A fine ranging from VND
500.000 to VND 2.000.000 shall be imposed for a violation involving 01 to 10
employees;
b) A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed for a violation involving 11 to 50
employees;
c) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for a violation involving 51 to
100 employees;
d) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for a violation involving 101 to
300 employees;
dd) A fine ranging from
VND 15.000.000 to VND 20.000.000 shall be imposed for the violation involving
301 employees or more.
2. A fine ranging from VND
50.000.000 to VND 75.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Taking advantage of
vocational training or apprenticeship for profiteering, labour exploitation, or
enticing or forcing trainees or apprentices to engage in unlawful activities;
b) Recruiting persons
under 14 years of age for vocational training or apprenticeship, except for
occupations or jobs permitted by law;
c) Recruiting persons for
apprenticeship to work for the employer for an apprenticeship period exceeding
03 months.
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a) The employer that collects fees from a trainee or apprentice
who will work for the employer, as specified in Clause 1 of this Article, is
compelled to return the collected fees to such trainee
or apprentice;
b) The employer that fails
to pay salary to a trainee or apprentice who directly performs or participates
in work during vocational training or apprenticeship, as specified in Clause 1
of this Article, is compelled to pay salary to such trainee or apprentice;
c) The employer that
commits the violation specified in Point a Clause 2 of this Article is compelled
to remit the illegal profits obtained to the state budget;
d) The employer that
commits the violation specified in Point b Clause 2 of this Article is
compelled to terminate the vocational training or apprenticeship of the person
under 14 years of age, and to fully pay the salary, vocational training or
apprenticeship expenses, and other benefits as agreed (if any).
Article
21. Violations of regulations on dialogue at workplace
A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an employer for committing one
of the following violations:
1. Failing to formulate, promulgate, or amend the
grassroots-level democracy regulations at the workplace as prescribed by law.
2. Failing to hold
periodic dialogues at the workplace; failing to conduct dialogues upon request;
or failing to coordinate in organizing employee conferences as prescribed by
law.
3. Failing to publicly
disclose the main contents of dialogues or workplace democracy regulations, or
any of the following information required to be disclosed: the list of
representatives participating in dialogues on behalf of the employer and
employees; the employer's production and business situation; internal labour
regulations, pay scales, payrolls, labour norms, and other internal rules, regulations
and documents of the employer relating to employees' rights, obligations and
responsibilities; collective bargaining agreements to which the employer is a
party; the establishment and use of reward funds, welfare funds and other funds
contributed by employees (if any); the payment of trade union contributions,
social insurance, health insurance and unemployment insurance contributions;
the implementation of emulation, commendation and disciplinary measures, and
the settlement of complaints and denunciations relating to employees' rights,
obligations and interests; and other information as prescribed by law.
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5. Failing to appoint representatives,
or appointing representatives who do not satisfy the prescribed composition
requirements, to represent the employer in workplace dialogues.
6. Failing to consult the
grassroots-level representative organization of employees (if any) and the
employees' dialogue representative group (if any) when formulating or amending
workplace democracy regulations.
7. Failing to submit
reports on the implementation of workplace dialogues and workplace democracy
regulations to the competent labour authority upon request.
Article
22. Violations of
regulations on collective bargaining and collective bargaining agreements
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Failing to submit the
collective bargaining agreement to the Department of Home Affairs of the
province or city where its head office is located;
b) Failing to pay the
costs of negotiating, concluding, amending or supplementing, submitting, or
announcing the collective bargaining agreement;
c) Providing information
beyond the prescribed time limit, or providing inaccurate information, on
production and business performance or other matters directly related to the
bargaining contents as prescribed by law, upon request by the employees'
representative for the purpose of conducting collective bargaining;
d) Failing to disclose the
concluded collective bargaining agreement to employees.
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a) Failing to provide
information on production and business performance or other matters directly
related to the bargaining contents as prescribed by law, upon request by the
employees' representative for the purpose of conducting collective bargaining;
b) Failing to arrange the
time, location or other necessary conditions for holding collective bargaining
meetings.
3. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Refusing to conduct
collective bargaining upon receipt of a request for bargaining from the
requesting party;
b) Implementing the
contents of a collective bargaining agreement that has been declared invalid;
c) Causing difficulties
for, obstructing, or interfering with, the process whereby the representative
organization of employees discusses, collects employees' opinions on, or
conducts a vote on, the draft collective bargaining agreement.
4. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on a party to collective
bargaining for refusing the bargaining representative invited by the other
party as prescribed in Clause 3 Article 69 of the Labour Code.
Article
23. Violations against regulations on salaries
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an employer for committing one
of the following violations:
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b) Failing to formulate a
pay scale, payroll or labour norms; or failing to apply a labour norm on a
trial basis before its official issuance;
c) Failing to consult the
grassroots-level representative organization of employees, where such
organization exists, when formulating the pay scale, payroll, labour norms or
bonus regulations;
d) Failing to provide
employees with payslips, or providing employees with payslips that do not
comply with the prescribed requirements;
dd) Failing to ensure
equal pay, or discriminating against employees on the grounds of gender, for
work of equal value.
2. The following fines
shall be imposed on an employer for committing one of the following violations:
failing to pay salary within the time limit prescribed by law; failing to pay,
or failing to pay in full, salary to an employee as agreed in the employment
contract; failing to pay, or failing to pay in full, overtime pay; failing to
pay, or failing to pay in full, pay for night work; failing to pay, or failing
to pay in full, work stoppage pay to an employee as prescribed by law;
restricting or interfering with an employee's right to decide how to spend
their salary; forcing an employee to spend their salary on purchasing goods or
using services provided by the employer or another entity designated by the
employer; making unlawful deductions from an employee's salary; failing to pay,
or failing to pay in full, the salary prescribed by law to an employee who is
temporarily assigned to perform work other than that agreed in the employment
contract or during a strike; failing to pay, or failing to pay in full, salary
in respect of untaken annual leave upon termination of the employment contract
or redundancy; failing to advance, or failing to advance in full, salary to an
employee during a period of work suspension as prescribed by law; or failing to
pay an employee full salary for a period of work suspension where no
disciplinary action is taken against the employee:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for a violation involving 01 to 10
employees;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for a violation involving 11 to
50 employees;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for a violation involving 51 to
100 employees;
d) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for a violation involving 101 to
300 employees;
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3. The following fines
shall be imposed on an employer that pays an employee less than the statutory
minimum wage prescribed by the Government:
a) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for a violation involving 01 to
10 employees;
b) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for a violation involving 11 to
50 employees;
c) A fine ranging from VND
50.000.000 to VND 75.000.000 shall be imposed for the violation involving 51
employees or more.
4. The following fines
shall be imposed on an employer that fails to pay, or fails to pay in full,
together with the employee's salary, an amount equivalent to the compulsory
social insurance, health insurance and unemployment insurance contributions
that the employer would otherwise be required to make for such employee, to an
employee who is not subject to compulsory social insurance, health insurance or
unemployment insurance as prescribed by law:
a) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for a violation involving 01 to 10
employees;
b) A fine ranging from VND
5.000.000 to VND 8.000.000 shall be imposed for a violation involving 11 to 50
employees;
c) A fine ranging from VND
8.000.000 to VND 12.000.000 shall be imposed for a violation involving 51 to
100 employees;
d) A fine ranging from VND
12.000.000 to VND 15.000.000 shall be imposed for a violation involving 101 to
300 employees;
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5. Remedial measures:
a) The employer that
commits the violation specified in Clause 2 or 3 of this Article is compelled
to pay the employee the full salary, together with interest on the amount of
salary paid late or underpaid, calculated at the highest demand deposit
interest rate publicly quoted by state-owned commercial banks at the time the
administrative penalty is imposed;
b) The employer that
commits the violation specified in Clause 4 of this Article is compelled to pay
the employee the full amount equivalent to the compulsory social insurance,
health insurance and unemployment insurance contributions that the employer
would otherwise be required to make for such employee, together with interest
on such amount, calculated at the highest demand deposit interest rate publicly
quoted by state-owned commercial banks at the time the administrative penalty
is imposed.
Article
24. Violations against regulations on working hours and rest periods
1. A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Failing to grant
personal leave or unpaid leave to employees in accordance with regulations of
law;
b) Failing to send a
written notification to the Department of Home Affairs of the province or city
where its overtime work is performed and the Department of Home Affairs of the
province or city where the employer is headquartered, of the organization of
overtime work in excess of 200 hours to 300 hours in a year.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on an employer for violating
regulations of law on weekly rest, annual leave, or public holidays.
3. A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed on an employer for committing one
of the following violations:
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b) Mobilizing employees to
work overtime without their consent, except for the cases prescribed in Article
108 of the Labour Code.
4. The following fines
shall be imposed on an employer for failing to grant employees rest breaks
during working hours or breaks between shifts in accordance with regulations of
law, or for mobilizing employees to work overtime in excess of the overtime
hours prescribed by law:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for a violation involving 01 to 10
employees;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for a violation involving 11 to
50 employees;
c) A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for a violation involving 51 to
100 employees;
d) A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for a violation involving 101 to
300 employees;
dd) A fine ranging from
VND 60.000.000 to VND 75.000.000 shall be imposed for a violation involving 301
employees or more.
Article
25. Violations of regulations on labour discipline and material responsibility
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on an employer for failing to make
its internal labour regulations available to all employees or failing to post the
major contents of its internal labour regulations at necessary locations at the
workplace.
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a) Failing to have written
internal labour regulations when employing 10 employees or more;
b) Failing to register its
internal labour regulations in accordance with regulations of law;
c) Failing to consult the
grassroots-level representative organization of employees, where such organization
exists, before issuing or amending its internal labour regulations;
d) Applying internal
labour regulations that have not yet taken effect or have expired;
dd) Failing to comply with
the order, procedures, or statute of limitations prescribed by law when taking
disciplinary action against employees or ordering compensation for damage;
e) Suspending an employee
from work for a period exceeding the maximum period prescribed by law;
g) Failing to consult the
grassroots-level representative organization of employees to which the employee
under consideration for suspension is a member, before suspending that employee
from work.
3. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Harming an employee's
health or life when taking disciplinary action against the employee, where such
act is not serious enough
to warrant criminal prosecution;
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c) Applying monetary fines
or wage deductions in lieu of disciplinary actions;
d) Taking disciplinary
action against an employee for a violation that is not stipulated in its
internal labour regulations, not agreed upon in the concluded employment
contract, or not prescribed by labour law;
dd) Imposing more than one
disciplinary measure for a single disciplinary violation;
e) Taking disciplinary
action against an employee during any of the following periods: sick leave;
convalescence leave; leave taken with the employer's consent; being held in
temporary custody or detention; or awaiting the investigation, verification and
conclusion of the competent authority regarding a violation prescribed in
Clause 1 and Clause 2 Article 125 of the Labour Code.
4. Remedial measures
a) The employer that
commits the violation prescribed in Point dd Clause 2 or Point d Clause 3 of
this Article by imposing the disciplinary measure of dismissal is compelled to
reinstate the employee and pay the employee the full salary under the
employment contract for the days the employee was not permitted to work;
b) The employer that
commits the violation prescribed in Point e or Point g Clause 2 of this Article
is compelled to pay the employee the full salary for the days of work
suspension;
c) The employer that
commits the violation prescribed in Point a Clause 3 of this Article is
compelled to make a public apology to the employee and to fully pay the treatment
costs and salary of the employee for the treatment period, if the harm caused
to the employee is serious enough to require treatment at a health facility;
d) The employer that
commits the violation prescribed in Point c Clause 3 of this Article is compelled
to return the amounts collected from the employee or to pay the full salary to
the employee.
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1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Failing to ensure
gender equality and to implement measures for promoting gender equality in any
of the following matters: recruitment; job placement; arrangement; training;
working hours; rest periods; salaries; or other benefits, where such act is not serious enough to warrant
criminal prosecution;
b) Failing to consult
female employees or their representatives when deciding the matters related to
the rights and interests of female employees.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Requiring a pregnant
employee who has entered her 7th month of pregnancy, or her 6th
month if working in an upland, remote, isolated, border, or island area, to
work overtime, work at night, or go on a long-distance business trip;
b) Requiring an employee
who is raising a child under 12 months of age to work overtime, work at night,
or go on a long-distance business trip, unless the employee agrees thereto;
c) Failing to transfer a
female employee performing arduous, hazardous, or dangerous work, or extremely
arduous, hazardous, or dangerous work, or work adversely affecting her
reproductive and child-rearing functions, to a more suitable job, or to reduce
her working hours, when she is pregnant and has notified the employer thereof
in accordance with Clause 2 Article 137 of the Labour Code, unless otherwise
agreed by the two parties;
d) Failing to grant a female
employee a 30-minute break each day during her menstruation, unless otherwise
agreed by the two parties;
dd) Failing to grant a
female employee who is raising a child under 12 months of age a 60-minute break
each day, unless otherwise agreed by the two parties;
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g) Failing to give
priority to concluding a new employment contract where the employment contract
expires while the female employee is pregnant or raising a child under 12
months of age;
h) Taking disciplinary
action against a female employee during her pregnancy or maternity leave, as
prescribed by the law on social insurance; or taking disciplinary action
against an employee who is raising a child under 12 months of age;
i) Dismissing an employee
or unilaterally terminating the employment contract with an employee for
reasons of marriage, pregnancy, maternity leave, or raising a child under 12
months of age, except where the employer, being a natural person, dies or is
declared by a court to have lost civil act capacity, to be missing, or to be
dead, or where the employer, not being a natural person, ceases operation or is
notified by the business registration authority affiliated to the provincial-level
People's Committee as having no legal representative or authorized person to
exercise the rights and perform the obligations of the legal representative,
where such act is not
serious enough to warrant criminal prosecution;
k) Failing to provide
adequate information on the hazards, risks and requirements of a job to enable
an employee to make an informed choice, and failing to ensure the occupational
safety and health conditions as prescribed by law when assigning an employee to
perform work included in the list of occupations and jobs adversely affecting
reproductive and child-rearing functions;
l) Failing to install a
room for expressing and storing breast milk at the workplace when employing
1.000 female employees or more.
3. Remedial measures
a) The employer that
commits the violation prescribed in Point d Clause 2 of this Article is
compelled to pay the female employee the salary amount corresponding to the
break during working hours to which she was entitled but was not granted during
menstruation as prescribed by law;
b) The employer that
commits the violation prescribed in Point dd Clause 2 of this Article is
compelled to pay the female employee the salary amount corresponding to the
break during working hours to which she was entitled but was not granted while
raising a child under 12 months of age as prescribed by law;
c) The employer that
commits the violation prescribed in Point i Clause 2 of this Article is
compelled to reinstate the employee.
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1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed on an employer that, when employing
minor employees, fails to keep a separate monitoring record or keeps such a
record without fully entering the information prescribed in Clause 3 Article
144 of the Labour Code, or fails to produce the monitoring record at the
request of a competent authority.
2. A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Employing a minor
employee without obtaining the consent of his/her parent or guardian;
b) Committing any of the
following acts when employing a person under 15 years of age: failing to
conclude a written employment contract with such person and his/her legal
representative; arranging working hours in a manner that affects such person's
study hours; failing to obtain a health certificate issued by a competent
health facility certifying that such person's health is suitable for the work
assigned; failing to arrange periodic health check-ups for such person at least
once every 06 months; or failing to ensure working conditions, and occupational
safety and health conditions suitable for such person's age;
c) Employing minor
employees to work in excess of the working hours prescribed in Article 146 of
the Labour Code;
d) Employing a person
under 15 years of age to work overtime or at night;
dd) Employing a person
aged 15 to under 18 to work overtime or at night in occupations or jobs not
permitted by law.
3. A fine ranging from VND
50.000.000 to VND 75.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Employing a person aged
13 to under 15 to perform work which is not included in the list of jobs
permitted by law as prescribed in Clause 3 Article 143 of the Labour Code;
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c) Employing an employee
aged 15 to under 18 to perform prohibited work or to work at a prohibited
workplace as prescribed in Article 147 of the Labour Code, where such act is not serious enough to warrant
criminal prosecution.
Article
28. Violations of regulations on domestic workers
1. A warning shall be
imposed on an employer for committing one of the following violations:
a) Failing to conclude a
written employment contract with the domestic worker;
b) Failing to pay travel
expenses for the domestic worker to return to his/her place of residence upon
termination of employment, except where the domestic worker terminates the
employment contract before its expiry.
2. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Failing to notify the People's
Committee of commune, ward, or special zone, of the employment or termination
of employment of a domestic worker as prescribed;
b) Repeating a violation
prescribed in Clause 1 of this Article for which a warning has already been
imposed.
3. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on an employer for committing one
of the following violations:
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b) Failing to pay a
domestic worker the amount corresponding to the social insurance and health
insurance contributions prescribed by law to enable the domestic worker to
proactively participate in social insurance and health insurance.
4. A fine ranging from VND
50.000.000 to VND 75.000.000 shall be imposed on an employer for mistreating,
sexually harassing, subjecting to forced labour, or using force against a
domestic worker, where such act is
not serious enough to warrant criminal prosecution.
5. Remedial measures
a) The employer that
commits the violation prescribed in Point a Clause 1 of this Article is
compelled to conclude a written employment contract with the domestic worker;
b) The employer that
commits the violation prescribed in Point b Clause 1 of this Article is
compelled to fully pay the travel expenses of the domestic worker;
c) The employer that
commits the violation prescribed in Point a Clause 3 of this Article is
compelled to return the personal identification papers to the domestic worker;
d) The employer that
commits the violation prescribed in Point b Clause 3 of this Article is
compelled to fully pay the social insurance and health insurance contributions
to the domestic worker.
Article
29. Violations of regulations on elderly employees and employees with
disabilities
1. A fine ranging from VND
5.000.000 to VND 10.000.000 per employee affected shall be imposed on an
employer for committing one of the following violations:
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b) Requiring an employee
with a mild disability who has a work capacity reduction of 51% or more, or
with a severe or extremely severe disability, to work overtime or at night,
unless the employee with a disability agrees thereto.
2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on an employer for employing
elderly employees to perform arduous, hazardous, or dangerous work, or
extremely arduous, hazardous, or dangerous work, that adversely affects their
health, unless safe working conditions are ensured.
Article
30. Violations of regulations on strikes
1. A warning shall be
imposed on an employee for participating in a strike after the Chairperson of
the provincial-level People's Committee has issued a decision to postpone or
terminate the strike.
2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed on an employee for committing one
of the following violations:
a) Obstructing the
exercise of the right to strike, or inciting, enticing, or coercing employees
to strike;
b) Obstructing an employee
who does not participate in the strike from going to work;
c) Using violence, or
destroying the machinery, equipment, or property of the employer, where such
act is not serious enough
to warrant criminal prosecution.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an employer for committing one
of the following violations:
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b) Victimizing or
retaliating against an employee participating in a strike or a strike leader;
c) Temporarily closing the
workplace in the cases prescribed in Article 206 of the Labour Code;
d) Causing difficulties
for, obstructing, or interfering with the process by which the grassroots-level
representative organization of employees collects opinions on a strike.
4. Remedial measures
a) The employer that
commits the violation prescribed in Point a Clause 3 of this Article is
compelled to reinstate the employee or strike leader whose employment contract
was terminated, or to rescind the disciplinary decision or the decision to
reassign the employee or strike leader to a different job or workplace, and to
pay the employee the full salary for the period during which the employment
contract was terminated;
b) The employer that commits
the violation prescribed in Point c Clause 3 of this Article is compelled to
pay employees salary for the days the workplace was temporarily closed.
Section
3. VIOLATIONS OF REGULATIONS ON OCCUPATIONAL SAFETY AND HEALTH (OSH)
Article
31. Violations of regulations on OSH reporting
1. A fine ranging from VND
500.000 to VND 1.000.000 shall be imposed on an employee for failing to
promptly report to the person responsible upon detecting a risk of a technical
incident that may endanger OSH, or result in an occupational accident or
occupational disease.
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3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an employer for committing one
of the following violations: failing to make statistical reports on
occupational accidents; failing to submit periodic reports, or submitting
inadequate, inaccurate or late reports, on occupational accidents and
occupational diseases; or failing to submit periodic reports, or submitting
inadequate, inaccurate or late reports, on serious technical incidents
endangering OSH as prescribed by law.
Article
32. Violations of regulations on OSH measures
The following fines shall
be imposed for violations of regulations on OSH measures that are not serious enough to warrant
criminal prosecution:
1. A fine ranging from VND
500.000 to VND 1.000.000 shall be imposed on an employer for failing to prepare
occupational hygiene records on harmful factors and occupational disease
prevention and control as prescribed by law.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Failing to formulate
and issue, or failing to organize the implementation of, plans, internal rules
and procedures for ensuring OSH at the workplace, or formulating and issuing
such plans, internal rules and procedures without consulting the executive
committee of the grassroots trade union;
b) Failing to arrange a
unit or person(s) responsible for OSH, or arranging person(s) responsible for
OSH who do not satisfy the conditions prescribed by law; failing to arrange a
unit or person(s) responsible for occupational health, or to enter into a
contract with a qualified health facility as prescribed by law, or arranging
person(s) responsible for occupational health who do not satisfy the conditions
prescribed by law;
c) Failing to arrange
sufficient first aid and emergency response personnel at the workplace as
prescribed;
d) Failing to organize
training for first aid and emergency response personnel at the workplace, or
organizing such training without ensuring compliance with the prescribed
requirements.
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a) Failing to periodically
inspect and maintain machinery, equipment, workshops or warehouses as
prescribed;
b) Failing to provide OSH
equipment at the workplace as prescribed;
c) Failing to formulate
and issue plans for handling incidents or emergency response at the workplace;
d) Failing to plan
measures to ensure OSH for employees' workplaces when constructing, expanding
or renovating facilities, establishments or structures for the production, use,
storage or preservation of machinery, equipment, materials or substances
subject to strict OSH requirements;
dd) Failing to investigate
occupational accidents falling within its responsibility as prescribed by law;
failing to declare, or declaring late or inaccurately, an occupational
accident; or failing to declare, or declaring late or inaccurately, a serious
technical incident endangering OSH;
e) Failing to provide adequate
and suitable shower rooms and toilets at the workplace as prescribed by law;
g) Failing to provide
technical and medical equipment for timely emergency response and first aid in
the event of a serious technical incident endangering OSH or resulting in an
occupational accident;
h) Failing to provide
documents, objects or means relating to occupational accidents at the request
of the provincial-level or central-level occupational accident investigation
teams.
4. The following fines
shall be imposed upon an employer for failing to implement, or inadequately
implementing, labour protection regimes and healthcare regimes for employees
engaged in arduous, hazardous or dangerous occupations or jobs, or extremely
arduous, hazardous or dangerous occupations or jobs:
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b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for a violation involving 11 to
50 employees;
c) A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for a violation involving 51 to
100 employees;
d) A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for a violation involving 101 to
300 employees;
dd) A fine ranging from
VND 60.000.000 to VND 75.000.000 shall be imposed for a violation involving 301
employees or more.
5. Remedial measures
The employer that commits
the violation specified in Clause 4 of this Article is compelled to adequately implement
labour protection regimes and healthcare regimes for employees as prescribed by
law.
Article
33. Violations of regulations on prevention of occupational accidents and
occupational diseases
The following fines shall
be imposed for violations of regulations on prevention of occupational
accidents and occupational diseases that are not serious enough to warrant
criminal prosecution:
1. A fine ranging from VND
500.000 to VND 1.000.000 shall be imposed on an employee for committing one of
the following violations:
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b) Failing to take part in
emergency response and remedying of an incident or occupational accident upon
the order of the employer or a competent authority.
2. A fine ranging from VND
1.000.000 to VND 3.000.000 per employee affected, but not exceeding VND
75.000.000, shall be imposed on an employer for failing to arrange periodic
health check-ups or examinations for detection of occupational diseases for
employees.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 per employee affected, but not exceeding VND
75.000.000, shall be imposed on an employer for failing to arrange health
check-ups for employees before they are reassigned to more arduous, hazardous
or dangerous occupations or jobs, or after they have recovered from an
occupational accident or occupational disease and returned to work, except
where the employee has undergone a medical examination for assessment of the
level of work capacity reduction by a Medical Assessment Council.
4. A fine ranging from VND
10.000.000 to VND 15.000.000 per employee affected, but not exceeding VND
75.000.000, shall be imposed on an employer for committing one of the following
violations:
a) Failing to provide
treatment, care or functional rehabilitation for an employee suffering from an
occupational disease or occupational accident;
b) Failing to arrange work
suitable to the health condition of an employee suffering from an occupational
disease or occupational accident in accordance with the conclusion of the
Medical Assessment Council.
5. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Failing to inform
employees of any of the following: the situation of occupational accidents and
occupational diseases; hazardous or harmful factors; and OSH measures at the
workplace;
b) Failing to identify and
assess hazardous or harmful factors at the workplace;
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6. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed on an employer for failing to
formulate and implement a plan for the identification, assessment and
compilation of OSH risks at production or business establishments posing a high
risk of occupational accidents or occupational diseases.
7. A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Failing to immediately
take remedial measures or suspend the operation of machinery, equipment or
workplaces posing a risk of occupational accidents or occupational diseases;
b) Failing to carry out
decontamination and disinfection measures for employees working in places where
they are exposed to toxic or infectious agents;
c) Failing to organize
incident response and emergency response measures upon detecting a hazard, or
when an occupational accident or a technical incident endangering OSH occurs at
the workplace beyond the employer's capacity to control.
8. The following fines
shall be imposed on an employer for committing one of the following violations:
failing to provide, or inadequately providing, personal protective equipment,
or providing such personal protective equipment that does not meet the
prescribed quality standards; failing to provide benefits in kind, or providing
such benefits at a level lower than prescribed; or paying cash in lieu of
benefits in kind to employees working under conditions involving hazardous or
harmful factors:
a) A fine ranging from VND
3.000.000 to VND 6.000.000 shall be imposed for a violation involving 01 to 10
employees;
b) A fine ranging from VND
6.000.000 to VND 10.000.000 shall be imposed for a violation involving 11 to 50
employees;
c) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for a violation involving 51 to
100 employees;
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dd) A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for a violation involving 301
employees or more.
9. A fine ranging from VND
25.000.000 to VND 40.000.000 shall be imposed on an employer for violating
national technical regulations on OSH (except for the violations specified in
Clause 8 of this Article and Article 35 of this Decree).
10. A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed on an employer for committing
one of the following violations:
a) Forcing employees to
work, in violation of the law, where there is a risk of an occupational
accident posing a serious threat to their health or lives;
b) Forcing employees not
to leave the workplace, in violation of the law, where there is a risk of an
occupational accident posing a serious threat to their health or lives;
c) Forcing employees to
continue working, in violation of the law, while the hazards giving rise to a
risk of an occupational accident posing a serious threat to their health or
lives has not yet been eliminated.
11. Remedial measures
a) The employer that
commits the violation specified in Clause 2 of this Article is compelled to
arrange health check-ups or examinations for detection of occupational diseases
for employees as prescribed. Where an employee has already undergone such
health check-up or examination at his/her own expense, the employer is
compelled to pay the costs of the health check-up or examination for detection
of occupational diseases to the employee;
b) The employer that fails
to provide benefits in kind, or provides such benefits at a level lower than
prescribed, to employees working under conditions involving hazardous or
harmful factors as specified in Clause 8 of this Article is compelled to pay
the employee the value of such benefits in kind converted into cash at the
prescribed rate.
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The following fines shall
be imposed for violations of regulations on the responsibility of the employer
for occupational accidents and occupational diseases that are not serious
enough to warrant criminal prosecution:
1. A fine ranging from VND
2.000.000 to VND 4.000.000 per employee affected, but not exceeding VND 75.000.000,
shall be imposed on an employer for committing one of the following violations:
a) Failing to provide
timely first aid or emergency care to an employee suffering from an
occupational accident;
b) Failing to pay the
co-payment amount or other costs not covered by health insurance for an
employee who participates in health insurance and suffers an occupational
accident or occupational disease;
c) Failing to advance the
costs of first aid or emergency care, or failing to pay all medical expenses from
the time of first aid or emergency care until the employee’s condition has
stabilized, for an employee who does not participate in health insurance and
suffers from an occupational accident or occupational disease;
d) Failing to refer an
employee suffering from an occupational accident or occupational disease for
medical assessment to determine the level of work capacity reduction, or for
treatment or functional rehabilitation, as prescribed by law;
dd) Failing to pay the
costs of the medical assessment for the level of work capacity reduction that
are the responsibility of the employer as prescribed by law;
e) Failing to pay, or
paying inadequately or late, compensation or allowances to an employee
suffering from an occupational accident or occupational disease as prescribed
by law.
2. The following fines
shall be imposed on an employer for committing one of the following violations:
discriminating against an employee on the grounds that the employee refuses to
perform work or leaves the workplace upon clearly identifying a risk of an
occupational accident that seriously threatens his/her life or health; or
discriminating against a person responsible for OSH, an OSH officer, or a
person responsible for occupational health at the workplace on the grounds that
such person has performed OSH tasks:
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b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for a violation involving 11 to
50 employees;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for a violation involving 51 to
100 employees;
d) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for a violation involving 101 to
300 employees;
dd) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for a violation involving 301
employees or more.
3. Remedial measures
a) The employer that
commits the violation specified in Point b Clause 1 of this Article is
compelled to pay the co-payment amount and other costs not covered by health
insurance for an employee who participates in health insurance and suffers an
occupational accident or occupational disease;
b) The employer that
commits the violation specified in Point c Clause 1 of this Article is
compelled to pay all medical expenses from the time of first aid or emergency
care until the employee’s condition has stabilized, for an employee who does
not participate in health insurance and suffers from an occupational accident
or occupational disease;
c) The employer that
commits the violation specified in Point d Clause 1 of this Article is
compelled to refer the employee suffering from an occupational accident or
occupational disease for medical assessment to determine the level of work
capacity reduction, or for treatment or functional rehabilitation, as
prescribed by law;
d) The employer that
commits the violation specified in Point dd Clause 1 of this Article is
compelled to pay the costs of the medical assessment for the level of work
capacity reduction, in cases where an employee referred by the employer for
such assessment by a Medical Assessment Council is found to have a work
capacity reduction of less than 5%;
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Article
35. Violations of regulations on use of machinery and equipment subject to
strict OSH requirements
The following fines shall
be imposed for violations of regulations on the use of machinery, equipment and
materials subject to strict occupational safety requirements that are not
serious enough to warrant criminal prosecution:
1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for failing to notify the local Department
of Home Affairs within 30 days from the date on which machinery, equipment,
materials or substances subject to strict occupational safety requirements are
put into use.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failing to keep adequate
technical documents on machinery, equipment or materials subject to strict
occupational safety requirements.
3. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for committing one of the
following violations: violating one or more provisions of the national
technical regulations on OSH applicable to the use of machinery, equipment or
materials subject to strict occupational safety requirements; using machinery,
equipment or materials subject to strict occupational safety requirements that
have not been certified as conforming to the corresponding national technical
regulations; or using machinery, equipment or materials subject to strict OSH
requirements whose origin cannot be clearly identified or whose service life
has expired.
4. The following fines
shall be imposed for failing to carry out inspection before putting into use,
or failing to carry out periodic inspection during the use of, machinery,
equipment or materials subject to strict OSH requirements as prescribed by law:
a) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for a violation involving 01 to
03 items of machinery, equipment or materials;
b) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for a violation involving from 04
to 10 items of machinery, equipment or materials;
c) A fine ranging from VND
50.000.000 to VND 75.000.000 shall be imposed for a violation involving 11 to
20 items of machinery, equipment or materials;
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5. A fine ranging from VND
50.000.000 to VND 75.000.000 shall be imposed for continuing to use machinery,
equipment or materials subject to strict OSH requirements that have undergone
inspection but failed to meet the inspection requirements.
Article
36. Violations of regulations on OSH training
1. The following fines
shall be imposed on an employer for failing to organize OSH training for
employees as prescribed by law, or entering into an agreement with an OSH
training provider to obtain training results without providing training, or
assigning an employee to perform work subject to strict OSH requirements
without first ensuring that the employee has been issued with a safety card as
prescribed by law:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for a violation involving 01 to 10
employees;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for a violation involving 11 to
50 employees;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for a violation involving 51 to
100 employees;
d) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for a violation involving 101 to
300 employees;
dd) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for a violation involving 301
employees or more.
2. The following fines
shall be imposed on an OSH training provider for committing violations of
regulations on OSH training:
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b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to satisfy any of the
following conditions when organizing a training course: failing to provide a
training venue appropriate to the class size, training content and training
format (theoretical or practical training); failing to assign trainers who meet
the prescribed qualifications; using training materials that are unsuitable for
the trainees, training content or training program; using training materials
that have not been updated in accordance with applicable laws and relevant
standards or technical regulations; providing compulsory training under the
legally prescribed framework program without covering all required contents;
failing to ensure OSH during practical training as prescribed by law; failing
to organize and manage the training course or trainers in accordance with law;
or failing to conduct testing and assessment of training results or maintain
training records in accordance with law;
c) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for committing one of the
following violations: issuing training results without conducting the training;
or issuing training results that do not correspond to the training actually
provided;
d) A fine ranging from VND
120.000.000 to VND 140.000.000 shall be imposed for committing one of the
following violations: providing OSH training during a period in which its OSH
training activities are suspended; conducting training beyond the scope of
training services publicly notified as prescribed by law; conducting training
without notifying the Department of Home Affairs of the commencement of its
provision of training services as prescribed by law (applicable to an OSH
provider that has never been issued with a Certificate of Eligibility to
provide OSH training, or whose Certificate has expired); failing, during the
provision of training services, to maintain the personnel requirements as
prescribed by law; failing, during the provision of training services, to
maintain lawful ownership of, or lawful rights to use, facilities, equipment
and training materials suitable for the trainees and training content provided,
as prescribed by law; or forging documents or records relating to the
conditions and requirements required by law to be satisfied in the course of
providing training services, where such act does not give rise to criminal
liability.
3. The following fines
shall be imposed on an employer that organizes its own OSH training but commits
violations of regulations on OSH training:
a) A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for failing to submit reports on
its OSH training activities as prescribed by law;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to satisfy any of the
following conditions when organizing a training course: failing to provide a
training venue appropriate to the class size, training content and training
format (theoretical or practical training); failing to assign trainers who meet
the prescribed qualifications; using training materials that are unsuitable for
the trainees, training content or training program; using training materials
that have not been updated in accordance with applicable laws and relevant
standards or technical regulations; providing compulsory training under the
legally prescribed framework program without covering all required contents;
failing to ensure OSH during practical training as prescribed by law; failing
to organize and manage the training course or trainers in accordance with law;
or failing to conduct testing and assessment of training results or maintain
training records in accordance with law;
c) A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for committing one of the
following violations: issuing training results without conducting the training;
or issuing training results that do not correspond to the training actually
provided;
d) A fine ranging from VND
60.000.000 to VND 70.000.000 shall be imposed for committing one of the
following violations: providing OSH training during a period in which its OSH
training activities are suspended; failing, during the provision of training
services, to maintain the personnel requirements as prescribed by law; failing,
during the provision of training services, to maintain lawful ownership of, or
lawful rights to use, facilities, equipment and training materials suitable for
the trainees and training content provided, as prescribed by law; or forging
documents or records relating to the conditions and requirements required by
law to be satisfied in the course of providing training services.
4. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an OSH training provider for
committing one of the following violations:
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b) Failing to send a
notification, or sending a notification after the prescribed deadline, to a
competent authority as prescribed by law before the official commencement of
its provision of training services, except where the OSH training provider
holds a valid Certificate of Eligibility to provide OSH Training;
c) Failing to send a notification,
or sending a notification after the prescribed deadline, to a competent
authority upon a change in its head office address;
d) Failing to send a
notification to a competent authority as prescribed by law upon termination of
its OSH training activities;
dd) Failing to send a
notification, or sending a notification after the prescribed deadline, to a
competent authority as prescribed by law when intending to change the training
subjects, scope of training, or training category.
5. Additional penalties
a) The OSH training
provider committing any of the violations specified in Points b, c and d Clause
2 of this Article shall be suspended from providing OSH training for a period
of 01 - 03 months;
b) The employer that
organizes its own OSH training and commits any of the violations specified in
Points b, c and d Clause 3 of this Article shall be suspended from organizing
OSH training for a period of 01 - 03 months;
c) The exhibits of the
administrative violation prescribed in Point d Clause 2 or Point d Clause 3 of
this Article, which include forged documents or papers, shall be confiscated.
6. Remedial measures
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b) The employer that
organizes its own OSH training and commits any of the violations specified in
Points b, c and d Clause 3 of this Article is compelled to invalidate the
training results provided;
c) The OSH training provider
that commits the violation specified in Clause 4 of this Article is compelled
to follow procedures for notifying its provision of OSH training services as
prescribed by law.
Article
37. Violations of regulations on occupational safety technical inspection
1. The following fines
shall be imposed on an occupational safety technical inspection service
provider for committing violations of regulations on occupational safety
technical inspection:
a) A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for failing to submit reports on
its provision of occupational safety technical inspection services as
prescribed;
b) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for committing one of the following
violations: failing to notify the competent authority that issued the
Certificate of Eligibility for Occupational Safety Technical Inspection
Services of any change in the address of its head office or branch, as
prescribed by law; or failing to affix an inspection label or display
inspection information on the equipment subject to inspection after a
Certificate of Inspection Results has been issued to such equipment user, as
prescribed by law.
c) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for committing one of the
following violations: providing occupational safety technical inspection
services beyond the scope specified in the Certificate of Eligibility for
Occupational Safety Technical Inspection Services; failing to comply with the
prescribed inspection procedures; assigning an occupational safety technical
inspector whose Inspector Certificate has been revoked or has expired to
conduct inspections; assigning a person who does not hold an Inspector
Certificate to conduct inspections; assigning an occupational safety technical
inspector without entering into an employment contract or a contract for work
with such inspector; failing to maintain the eligibility conditions for
provision of technical safety inspection services as prescribed by law; or failing
to ensure independence and objectivity in the provision of occupational safety
technical inspection services;
d) A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed for committing one of the
following violations: issuing false inspection results; or issuing inspection
results without conducting the inspection;
dd) A fine ranging from
VND 120.000.000 to VND 140.000.000 shall be imposed for committing one of the
following violations: conducting occupational safety technical inspections
while its Certificate of Eligibility for Occupational Safety Technical
Inspection Services has expired, or it is suspended from conducting such
inspections, or after its Certificate has been revoked; altering or falsifying
the contents of its issued Certificate of Eligibility for Occupational Safety
Technical Inspection Services, where such act is not serious enough to warrant
criminal prosecution; altering or falsifying documents included in the
application for Certificate of Eligibility for Occupational Safety Technical
Inspection Services, where such act is not serious enough to warrant criminal
prosecution; forging documents in the application for Certificate of
Eligibility for Occupational Safety Technical Inspection Services, where such
act does not give rise to criminal liability; or forging a Certificate of
Eligibility for Occupational Safety Technical Inspection Services, where such
act does not give rise to criminal liability.
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a) Failing to comply with
the inspection procedures issued by the competent authority; drawing up
inspection record containing false information; or drawing up an inspection
record without conducting the inspection;
b) Conducting inspections
for an occupational safety technical inspection service provider that has not
been issued with a Certificate of Eligibility for Occupational Safety Technical
Inspection Services.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on an occupational safety
technical inspector for conducting inspections while his/her Inspector
Certificate has expired or beyond the scope specified in his/her Certificate.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on an individual who conducts
occupational safety technical inspections without holding an Inspector
Certificate.
5. A fine ranging from VND
60.000.000 to VND 70.000.000 shall be imposed for committing one of the
following violations: conducting occupational safety technical inspections in
absence of a valid Certificate of Eligibility for Occupational Safety Technical
Inspection Services; or forging an Inspector Certificate, where such act does
not give rise to criminal liability.
6. A fine ranging from VND
60.000.000 to VND 70.000.000 shall be imposed on an occupational safety
technical inspector for altering or falsifying the contents of his/her
Inspector Certificate, where such act is not serious enough to warrant criminal
prosecution.
7. Additional penalties
a) The occupational safety
technical inspection service provider that commits the violation specified in
Point d Clause 1 of this Article shall be suspended from providing occupational
safety technical inspection services for a period of 01–03 months;
b) The exhibits of the
administrative violation prescribed in Point dd Clause 1 of this Article, which
include the forged Certificate of Eligibility for Occupational Safety Technical
Inspection Services, shall be confiscated;
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d) The exhibits of the
administrative violation prescribed in Clause 5 of this Article, which include
the forged Inspector Certificate, shall be confiscated.
8. Remedial measures
a) The entity committing the
violation specified in Point b Clause 1 of this Article is compelled to affix
an inspection label or display inspection information on the equipment subject
to inspection, and issue Certificate of Inspection Results to such equipment
user;
b) The entity committing
the violation in Point c, d or dd Clause 1 of this Article is compelled to
invalidate the inspection results and return the inspection costs, together
with interest on such amount of costs, calculated at the highest demand deposit
interest rate publicly quoted by state-owned commercial banks at the time the
administrative penalty is imposed, except for the act of altering the contents
of the issued Certificate of Eligibility for Occupational Safety Technical
Inspection Services, where such act is not serious enough to warrant criminal
prosecution;
c) The entity altering or
falsifying the contents of its issued Certificate of Eligibility for
Occupational Safety Technical Inspection Services as prescribed in point dd
Clause 1 of this Article is compelled to return such Certificate to the
competent authority that issued it;
d) The person altering or
falsifying the contents of his/her Inspector Certificate as prescribed in
Clause 6 of this Article is compelled to return such Inspector Certificate to
the competent authority that issued it.
Article
38. Violations of regulations on workplace environmental monitoring
1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed on an organization providing
workplace environmental monitoring services for committing one of the following
violations: failing to submit annual reports on its operational results to the
competent authority as prescribed by law; failing to notify the competent
authority of any change in the address of its head office or branch; or failing
to participate in training courses for updating knowledge of legal policies,
science, and technology relating to workplace environmental monitoring as
prescribed.
2. A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed on an employer for failing to
publicly disclose to employees at the workplace environmental monitoring site
and the site where hazardous factors are inspected, assessed, and managed, the
results of workplace environmental monitoring and the results of the inspection,
assessment, and management of hazardous factors at the workplace immediately
after such results are available.
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4. A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed on an employer for colluding with
an organization providing workplace environmental monitoring services to commit
fraudulent acts in workplace environmental monitoring, where such act is not
serious enough to warrant criminal prosecution.
5. A fine ranging from VND
80.000.000 to VND 120.000.000 shall be imposed on an organization providing
workplace environmental monitoring services for committing one of the following
violations: colluding with an employer to commit fraudulent acts in workplace
environmental monitoring, where such act is not serious enough to warrant
criminal prosecution; or conducting workplace environmental monitoring in a
manner inconsistent with the principles and procedures prescribed by law.
6. A fine ranging from VND
120.000.000 to VND 140.000.000 shall be imposed on an organization providing
workplace environmental monitoring services for providing environmental
monitoring results without conducting the environmental monitoring as
prescribed, or for conducting workplace environmental monitoring during the
period in which it is suspended from conducting workplace environmental
monitoring.
7. A fine ranging from VND
100.000.000 to VND 130.000.000 shall be imposed on an enterprise or
organization providing workplace environmental monitoring services for
committing one of the following violations:
a) Using personnel to
conduct workplace environmental monitoring who do not meet the standards
prescribed by law;
b) Failing to maintain,
throughout its operation, the announced conditions for eligibility to provide
workplace environmental monitoring services.
8. A fine ranging from VND
120.000.000 to VND 150.000.000 shall be imposed on an enterprise or
organization providing workplace environmental monitoring services for
providing such services without having announced its satisfaction of
eligibility conditions to provide workplace environmental monitoring services
in accordance with regulations.
9. Additional penalties
The organization providing
workplace environmental monitoring services that commits any of the violations
specified in Clauses 5, 6, 7 and 8 of this Article shall be suspended from providing
such workplace environmental monitoring services for a period of 03–06 months.
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a) The workplace
environmental monitoring results shall be invalidated in case of commission of
any of the violations specified in Clauses 4, 5, 6, 7 and 8 of this Article;
b) The organization
providing workplace environmental monitoring services that commits any of the
violations specified in Clauses 5, 6, 7 and 8 of this Article, except for the
act of colluding with an employer to commit fraudulent acts in workplace
environmental monitoring which is not serious enough to warrant criminal
prosecution as specified in Clause 5 of this Article, is compelled to return to
the employer using its workplace environmental monitoring services the costs of
such services, together interest on such amount calculated at the highest
demand deposit interest rate publicly quoted by state-owned commercial banks at
the time the administrative penalty is imposed.
Section
4. VIOLATIONS OF REGULATIONS ON GRASSROOTS-LEVEL REPRESENTATIVE ORGANIZATIONS
OF EMPLOYEES
Article
39. Violations of regulations on ensuring exercise of rights of
grassroots-level representative organizations of employees and trade union
activities
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Failing to arrange paid
working time for members of the management board of the grassroots-level
representative organization of employees to perform the duties of the representative
organization as prescribed in Clause 2 Article 176 of the Labour Code;
b) Failing to arrange a
workplace, provide information, and provide other necessary conditions for the
operation of the grassroots-level representative organization of employees as
prescribed in Clause 7 Article 178 of the Labour Code; or failing to arrange a
workplace, working facilities, and necessary conditions for the operation of
the trade union at the same level as prescribed in Clause 1 Article 27 of the
Law on Trade Unions;
c) Failing to arrange paid
working time for part-time trade union officers to perform trade union duties
as prescribed in Clause 2 Article 27 of the Law on Trade Unions;
d) Failing to grant fully
paid leave to part-time trade union officers for attending congresses,
meetings, conferences, seminars, or training courses convened by the
superior-level trade union as prescribed in Clause 3 Article 27 of the Law on
Trade Unions;
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e) Obstructing or making
it difficult for employees to carry out lawful activities aimed at
establishing, joining, or participating in the activities of the
grassroots-level representative organization of employees;
g) Failing to allow
members of the management board of the grassroots-level representative
organization of employees to approach employees at the workplace in the course
of performing the duties of the grassroots-level representative organization of
employees, provided that such activities do not affect the normal operation of
the employer;
h) Failing to coordinate
with the trade union of its agency, organization, unit, or enterprise to
formulate, issue, and implement a regulation on coordination between the two
parties;
i) Failing to exchange or
provide complete, accurate, and timely information relating to the employer’s
organization and operation as prescribed by law upon request by the trade union;
k) Failing to allow trade
union officers to represent and protect the lawful and legitimate rights and
interests of employees when requested by such employees or upon detecting signs
that the employer has infringed upon the lawful and legitimate rights and
interests of employees as prescribed in Clause 1 Article 20 of the Law on Trade
Unions.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Failing to reach a
written agreement with the management board of the grassroots-level
representative organization of employees before unilaterally terminating the
employment contract of, reassigning to another job, or imposing the
disciplinary measure of dismissal on an employee who is a member of the
management board of the grassroots-level representative organization of employees,
where such act is not serious enough to warrant criminal prosecution, except
where the parties are unable to reach such written agreement;
b) Failing to reach a
written agreement with the immediate superior-level trade union when
unilaterally terminating the employment contract or public employee contract
with, dismissing, forcing to resign, or reassigning an employee who is a
part-time trade union officer, where such act is not serious enough to warrant
criminal prosecution, except where the parties are unable to reach such written
agreement;
c) Deciding to
unilaterally terminate the employment contract or public employee contract
with, dismiss, force to resign, or reassign an employee who is a member of the
management board of the grassroots-level representative organization of
employees or a part-time trade union officer, without observing the prescribed
advance notice period for notifying the specialized labour agency affiliated to
the provincial-level People's Committee as prescribed in Clause 3 Article 177
of the Labour Code and Clause 2 Article 28 of the Law on Trade Unions, where
such act is not serious enough to warrant criminal prosecution;
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3. A fine ranging from VND
50.000.000 to VND 75.000.000 shall be imposed for committing one of the
following violations:
a) Taking advantage of the
establishment, joining, or operation of the grassroots-level representative
organization of employees to violate the law, or to infringe upon the interests
of the State or the lawful rights and interests of agencies, organizations,
enterprises, or individuals;
b) Receiving aid, funding,
or technical assistance in contravention of law;
c) Disseminating false
information on, or inciting, distorting, or defaming, the trade union or its
activities.
4. Remedial measures
a) The employer that
commits the violation prescribed in Points a, b or c Clause 2 of this Article
is compelled to reinstate the employee and fully pay the employee’s salary,
social insurance contributions, unemployment insurance contributions, and
health insurance contributions for the period during which the employee was not
allowed to work;
b) The employer that
commits the violation prescribed in Point d Clause 2 of this Article is
compelled to extend, until the end of the term of office, the employment
contract or public employee contract of the employee who is a member of the
management board of the grassroots-level representative organization of
employees or a part-time trade union officer, where the employee’s term of
office has not expired but his/her employment contract or public employee
contract has expired;
c) The entity that commits
the violation prescribed in Point b Clause 3 of this Article is compelled to
remit the illegal profits obtained from such violation to the state budget;
d) The entity that commits
the violation prescribed in Point c Clause 3 of this Article is compelled to
rectify the false information and make a public apology to the trade union.
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1. A fine ranging from VND
15.000.000 to VND 30.000.000 shall be imposed for discriminating against an
employee, a member of the management board of the grassroots-level
representative organization of employees, or a trade union officer on account
of the establishment of, membership in, or operation of the representative
organization of employees, including any of the following acts:
a) Discriminating in
respect of salary, bonuses, benefits, working hours, or other rights and
obligations in the labour relation;
b) Stigmatizing or discriminating
on the basis of gender, ethnicity, religion, or belief;
c) Requesting an employee
to join, not to join, or to withdraw from the grassroots-level representative
organization of employees or the Viet Nam Trade Union as a condition of
recruitment, entering into, or extending an employment contract or public
employee contract;
d) Dismissing or taking
disciplinary action against an employee, unilaterally terminating the
employment contract or public employee contract, refusing to enter into a new employment
contract or public employee contract or to extend the employment contract or
public employee contract, or reassigning the employee to another job, where
such act is not serious enough to warrant criminal prosecution;
D) Obstructing or causing
work-related difficulties with a view to weakening the operation of the
grassroots-level representative organization of employees;
e) Exercising influence
with a view to weakening trade union activities;
g) Disseminating false
information with a view to undermining the prestige or reputation of a trade
union officer;
h) Promising or providing
material or non-material benefits to induce an employee or a trade union
officer not to participate in trade union activities, to cease serving as a trade
union officer, or to act against the trade union.
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a) The employer that
commits the violation prescribed in Point d Clause 1 of this Article is
compelled to reinstate the employee and fully pay the employee’s salaries,
social insurance contributions, and health insurance contributions for the
period during which the employee was not allowed to work;
b) The entity that commits
the violation prescribed in Point g Clause 1 of this Article is compelled to
rectify the false information and make a public apology to the trade union
officer.
Article
41. Violations of regulations on use of economic or other measures adversely
affecting the organization and activities of grassroots-level representative
organizations of employees
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Failing to pay salaries
to members of the management board of the grassroots-level representative
organization of employees or part-time trade union officers during their
working hours, as prescribed by law, for the performance of duties of the
grassroots-level representative organization of employees;
b) Failing to pay salaries
to part-time trade union officers for the days on which they attend trade union
congresses, meetings, conferences, seminars, or training courses convened by
the superior-level trade union as prescribed in Clause 3 Article 27 of the Law
on Trade Unions;
c) Failing to pay salaries
to the representative if the employees’ side for the period during which such
representative participates in collective bargaining sessions as prescribed in
Clause 2 Article 70 of the Labour Code;
d) Failing to provide
members of the management board of the grassroots-level representative
organization of employees or part-time trade union officers with other
guarantees in the labour relation or in the performance of representative’s
duties as prescribed by law.
2. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for committing one of the
following violations:
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b) Using intimidation or
other measures to adversely affect the trade union.
3. Remedial measures:
a) The employer that
commits the violation prescribed in Points a or b Clause 1 of this Article is
compelled to pay salaries to members of the management board of the
grassroots-level representative organization of employees or part-time trade
union officers during their working hours, as prescribed by law, for the
performance of duties of the grassroots-level representative organization of
employees;
b) The employer that
commits the violation prescribed in Point d Clause 1 of this Article is
compelled to ensure that members of the management board of the
grassroots-level representative organization of employees or part-time trade
union officers are provided with other guarantees as prescribed by law.
Article
42. Violations of
regulations on payment of trade union financial contributions, and management
and use of trade union financial contributions
1. A fine ranging from 12%
to less than 15% of the total amount of trade union financial contributions
payable at the time of making of the administrative violation record, but not
exceeding VND 75.000.000, shall be imposed on an employer for committing one of
the following violations:
a) Paying trade union
financial contributions late;
b) Failing to set aside
and pay trade union financial contributions;
c) Failing to pay, or
paying an insufficient amount of, trade union financial contributions at the
prescribed rate within 60 days from the expiry of the prescribed time limit for
payment of trade union financial contributions;
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2. A fine ranging from 18%
to less than 20% of the total amount of trade union financial contributions
payable at the time of making of the administrative violation record, but not
exceeding VND 75.000.000, shall be imposed on an employer for failing to pay
trade union financial contributions for all employees subject to payment of such
contributions.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on an employees’ organization at
an enterprise for committing one of the following violations:
a) Failing to use trade
union financial contributions for the purposes specified in Points a, b, c, g,
and h Clause 2 Article 31 of the Law on Trade Unions, or using such
contributions for purposes other than those specified therein;
b) Failing to monitor and
retain records of the collection and expenditure of trade union financial
contributions in accordance with the guidance of the Viet Nam General
Confederation of Labour;
c) Failing to make annual
public disclosure of financial information to members of the organization as
prescribed in Article 34 of the Law on Trade Unions;
d) Failing to provide
complete, accurate, and timely information on the use of trade union financial
contributions at the written request of the trade union, so that the trade
union can report on and publicly disclose the management and use of trade union
finances as prescribed in Articles 33 and 34 of the Law on Trade Unions.
4. Remedial measures:
a) Within 30 days from the
date of the penalty imposition decision, the employer that commits any of the violations
prescribed in Points a, b, c, and d, Clause 1, and Clause 2 of this Article is
compelled to pay to the trade union the amount of trade union financial
contributions paid late, paid in an insufficient amount, or unpaid, together
with interest on the unpaid or late-paid amount calculated at the highest
demand deposit interest rate publicly quoted by state-owned commercial banks at
the time the administrative penalty is imposed;
b) The employees’
organization at an enterprise that commits the violation prescribed in Point a
Clause 3 of this Article is compelled to return to the trade union account the
amount of trade union financial contributions used contrary to regulations.
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VIOLATIONS, PENALTIES, FINES,
AND REMEDIAL MEASURES FOR VIOLATIONS IN THE FIELD OF SOCIAL INSURANCE
Article
43. Violations involving
late payment of compulsory social insurance contributions
1. A warning shall be
imposed for committing any of the violations prescribed in Clause 3 of this
Article where the amount involved in the violation, as determined at the time
the administrative violation record is made, is under VND 400.000.
2. The following fines
shall be imposed on an employer committing any of the following violations:
failing to register, or failing to fully register, the number of its employees
required to participate in compulsory social insurance within 60 days from the
expiry of the time limit prescribed in Clause 1 Article 28 of the Law on Social
Insurance; or failing to register, or failing to fully register, the number of
its employees required to participate in compulsory social insurance after the
expiry of the 60-day period from the expiry of the time limit prescribed in
Clause 1 Article 28 of the Law on Social Insurance, where such act is not
regarded by law as evasion of payment of compulsory social insurance
contributions:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for a violation involving less
than 10 employees;
b) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for a violation involving 10 to
less than 50 employees;
c) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for a violation involving 50 to
less than 100 employees;
d) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for a violation involving 100 to
less than 300 employees;
dd) A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for a violation involving 300
to less than 500 employees;
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g) A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for a violation involving 700 to
less than 1.000 employees;
h) A fine ranging from VND
60.000.000 to VND 75.000.000 shall be imposed for a violation involving 1.000
employees or more.
3. A fine ranging from 12%
to 15% of the total amount of late compulsory social insurance contributions,
calculated at the time the administrative violation record is made, but not
exceeding VND 75.000.000, shall be imposed on an employer for committing one of
the following violations involving late payment of social insurance
contributions:
a) Failing to pay, or
failing to pay in full, the amount of compulsory social insurance contributions
payable under the approved application for participation in compulsory social
insurance, after the deadline for payment of social insurance contributions
prescribed in Clause 4 Article 34 of the Law on Social Insurance, except for
the case specified in Point dd Clause 1 Article 39 of the Law on Social
Insurance;
b) Failing to pay, or
failing to pay in full, the amount of compulsory social insurance contributions
payable according to the registration application, after the 60-day period from
the deadline for payment of compulsory social insurance contributions
prescribed in Clause 4 Article 34 of the Law on Social Insurance, and after
having been reminded by a competent authority to make payment as prescribed in
Article 35 of the Law on Social Insurance, where such act is not deemed to
constitute evasion of payment of compulsory social insurance contributions as
prescribed by law.
4. Remedial measures:
a) The employer that
commits the violation prescribed in Clause 2 of this Article is compelled to
prepare a registration application or a registration application covering the
full number of its employees required to participate in compulsory social
insurance; to pay in full the late compulsory social insurance contributions;
and to pay into the social insurance fund an amount equal to 0,03% per day,
calculated based on the amount of late compulsory social insurance
contributions and the number of days of late payment;
b) The employer that
commits the violation prescribed in Clause 3 of this Article is compelled to
pay in full the late compulsory social insurance contributions and to pay into
the social insurance fund an amount equal to 0,03% per day, calculated based on the
amount of late compulsory social insurance contributions and the number of days
of late payment.
Article
44. Violations involving evasion of payment of compulsory social insurance
contributions
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a) A fine ranging from VND
6.000.000 to VND 12.000.000 shall be imposed for the violation involving less
than 10 employees;
b) A fine ranging from VND
12.000.000 to VND 20.000.000 shall be imposed for a violation involving 10 to
less than 50 employees;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for a violation involving 50 to
less than 100 employees;
d) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for a violation involving 100 to
less than 300 employees;
dd) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for a violation involving 300
to less than 500 employees;
e) A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for a violation involving 500 to
less than 700 employees;
g) A fine ranging from VND
60.000.000 to VND 70.000.000 shall be imposed for a violation involving 700 to
less than 1.000 employees;
h) A fine ranging from VND
70.000.000 to VND 75.000.000 shall be imposed for a violation involving 1.000
employees or more.
2. A fine ranging from 18%
to 20% of the total amount of compulsory social insurance contributions evaded,
but not exceeding VND 75.000.000, shall be imposed on an employer for
committing one of the following violations involving evasion of payment of
social insurance contributions:
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b) Failing to pay, or
failing to pay in full, the amount of compulsory social insurance contributions
payable according to the registration application, after the 60-day period from
the deadline for payment of compulsory social insurance contributions
prescribed in Clause 4 Article 34 of the Law on Social Insurance, and after
having been reminded by a competent authority to make payment as prescribed in
Article 35 of the Law on Social Insurance, where such act is not serious enough
to warrant criminal prosecution.
3. Remedial measures:
a) The employer that
commits the violation prescribed in Clause 1 of this Article is compelled to
prepare a registration application or a registration application covering the
full number of its employees required to participate in compulsory social
insurance; to pay in full the compulsory social insurance contributions evaded;
and to pay into the social insurance fund an amount equal to 0,03% per day,
calculated based on the amount of compulsory social insurance contributions
evaded and the number of days of evasion;
b) The employer that
commits the violation prescribed in Clause 2 of this Article is compelled to
pay in full the compulsory social insurance contributions evaded and to pay
into the social insurance fund an amount equal to 0,03% per day, calculated
based on the amount of compulsory social insurance contributions evaded and the
number of days of evasion.
Article
45. Violations involving late payment of unemployment insurance contributions
1. A warning shall be
imposed for committing any of the violations prescribed in Clause 3 of this
Article where the amount involved in the violation, as determined at the time
the administrative violation record is made, is under VND 400.000.
2. The following fines
shall be imposed on an employer committing any of the following violations:
failing to register, or failing to fully register, the number of its employees
required to participate in unemployment insurance within 60 days from the
registration deadline as prescribed by the law on unemployment insurance; or
failing to register, or failing to fully register, the number of its employees
required to participate in unemployment insurance after the expiry of the
60-day period from the registration deadline as prescribed by the law on
unemployment insurance, where such act is not regarded by law as evasion of payment
of compulsory unemployment insurance contributions:
a) A fine ranging from VND
500.000 to VND 2.500.000 shall be imposed for a violation involving less than
10 employees;
b) A fine ranging from VND
2.500.000 to VND 5.000.000 shall be imposed for a violation involving 10 to
less than 50 employees;
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d) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for a violation involving 100 to
less than 300 employees;
dd) A fine ranging from
VND 15.000.000 to VND 20.000.000 shall be imposed for a violation involving 300
to less than 500 employees;
e) A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed for a violation involving 500 to
less than 700 employees;
g) A fine ranging from VND
25.000.000 to VND 30.000.000 shall be imposed for a violation involving 700 to
less than 1.000 employees;
h) A fine ranging from VND
30.000.000 to VND 35.000.000 shall be imposed for a violation involving 1.000
employees or more.
3. A fine ranging from 12%
to 15% of the total amount of late unemployment insurance contributions,
calculated at the time the administrative violation record is made, but not
exceeding VND 75.000.000, shall be imposed on an employer for committing one of
the following violations involving late payment of unemployment insurance
contributions:
a) Failing to pay, or
failing to pay in full, the amount of unemployment insurance contributions
payable under the approved application for participation in unemployment
insurance, after the deadline for payment of unemployment insurance
contributions prescribed by the law on unemployment insurance, except for the
case specified in Point e Clause 1 Article 39 of the Law on Social Insurance;
b) Failing to pay, or
failing to pay in full, the amount of unemployment insurance contributions
payable according to the registration application, after the 60-day period from
the deadline for payment of unemployment insurance contributions prescribed by
the law on unemployment insurance, and after having been reminded by a
competent authority to make payment as prescribed in Article 35 of the Law on
Social Insurance, where such act is not deemed to constitute evasion of payment
of unemployment insurance contributions as prescribed by law.
4. Remedial measures:
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b) The employer that
commits the violation prescribed in Clause 3 of this Article is compelled to
pay in full the late unemployment insurance contributions; and to pay into the
unemployment insurance fund an amount equal to 0,03% per day, calculated based
on the amount of late unemployment insurance contributions and the number of
days of late payment.
Article
46. Violations involving evasion of payment of unemployment insurance
contributions
1. The following fines
shall be imposed on an employer for failing to register, or failing to fully
register, the number of its employees required to participate in unemployment
insurance after the expiry of the 60-day period from the registration deadline
as prescribed by the law on unemployment insurance:
a) A fine ranging from VND
1.000.000 to VND 5.000.000 shall be imposed for a violation involving less than
10 employees;
b) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for a violation involving 10 to less
than 50 employees;
c) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for a violation involving 50 to
less than 100 employees;
d) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for a violation involving 100 to
less than 300 employees;
dd) A fine ranging from
VND 20.000.000 to VND 25.000.000 shall be imposed for a violation involving 300
to less than 500 employees;
e) A fine ranging from VND
25.000.000 to VND 30.000.000 shall be imposed for a violation involving 500 to
less than 700 employees;
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h) A fine ranging from VND
35.000.000 to VND 40.000.000 shall be imposed for a violation involving 1.000
employees or more.
2. A fine ranging from 18%
to 20% of the total amount of unemployment insurance contributions evaded, but
not exceeding VND 75.000.000, shall be imposed on an employer for committing
one of the following violations involving evasion of payment of unemployment
insurance contributions:
a) Registering a salary as
the basis for unemployment insurance contributions that is lower than that
prescribed by the law on unemployment insurance;
b) Failing to pay, or
failing to pay in full, the amount of unemployment insurance contributions
payable according to the registration application, after the 60-day period from
the deadline for payment of unemployment insurance contributions prescribed by
the law on unemployment insurance, and after having been reminded by a
competent authority to make payment as prescribed in Article 35 of the Law on
Social Insurance, where such act is not serious enough to warrant criminal
prosecution.
3. In other cases deemed
to constitute evasion of unemployment insurance contribution payment as
prescribed by the Government, where the violation concerns the number of
persons required to participate, the fine shall be imposed in accordance with
Clause 1 of this Article; where the violation concerns the amount of
unemployment insurance contributions payable, the fine shall be imposed in
accordance with Clause 2 of this Article.
4. Remedial measures:
a) The employer that
commits the violation prescribed in Clause 1 of this Article is compelled to
prepare an application for registration of its employees’ participation in
unemployment insurance; to pay in full the amount of unemployment insurance
contributions evaded; and to pay into the unemployment insurance fund an amount
equal to 0,03% per day, calculated based on the amount of unemployment
insurance contributions evaded and the number of days of evasion;
b) The employer that
commits the violation prescribed in Clause 2 of this Article is compelled to
pay in full the amount of unemployment insurance contributions evaded; and to
pay into the unemployment insurance fund an amount equal to 0,03% per day,
calculated based on the amount of unemployment insurance contributions evaded
and the number of days of evasion;
c) Where the violation
prescribed in Clause 3 of this Article concerns the number of persons required
to participate, the remedial measure prescribed in Point a of this Clause shall
apply; where the violation prescribed in Clause 3 of this Article concerns the
amount of unemployment insurance contributions payable, the remedial measure
prescribed in Point b of this Clause shall apply.
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1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed on an employer for committing one
of the following violations:
a) Making false
declarations, or altering or erasing information relating to the payment of
social insurance or unemployment insurance contributions, or entitlement to social
insurance or unemployment insurance benefits, so as to render such information
untruthful, where such act is not serious enough to warrant criminal
prosecution;
b) Failing to notify the
public employment service provider as prescribed where the employee obtains
employment, within 10 working days from the date of submission of the
application for unemployment benefits;
c) Failure of an employee
receiving unemployment benefits to notify the public employment service
provider as prescribed upon the occurrence of any of the following
circumstances: obtaining employment; performing military service, service in
the People's Public Security Force, or standing militia service; receiving a
monthly pension; or undertaking a course of study with a duration of more than
12 months.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 per fraudulent or falsified dossier submitted for
claiming social insurance or unemployment insurance benefits, but not exceeding
VND 75.000.000, shall be imposed on an employer for committing one of the
following acts: forging a dossier submitted for claiming social insurance or
unemployment insurance benefits, where such act is not serious enough to
warrant criminal prosecution; or intentionally falsifying information or
documents in a dossier submitted for claiming social insurance or unemployment
insurance benefits, where such act is not serious enough to warrant criminal
prosecution.
3. A fine ranging from VND
2.000.000 to VND 4.000.000 per employee affected, but not exceeding VND 75.000.000,
shall be imposed on an employer for failing to prepare a list of employees, or
failing to prepare or submit a dossier within the time limit prescribed in
Clause 2 Article 48, Clause 1 Article 49, Clause 1 Article 62, Clause 1 Article
63, Clause 1 Article 79, and Clause 2 Article 91 of the Law on Social
Insurance, or Clause 1 Article 59 or Clause 1 Article 60 of the Law on
Occupational Safety and Health.
4. Remedial measures:
The entity that commits
any of the violations prescribed in Clauses 1 and 2 of this Article is
compelled to return to the social insurance authority the amounts of social
insurance benefits, unemployment benefits, support for employees' participation
in vocational training, retraining and occupational skills development, and support
for employers to provide vocational training, retraining and occupational
skills development to maintain employment for its employees, which have been
received.
Article
48. Violations of other regulations on social insurance and unemployment
insurance
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a) Failing to register its
employees who are only required to participate in occupational accident and
occupational disease insurance as prescribed in Clause 2 Article 43 of the Law
on Occupational Safety and Health for participation in such insurance, or
registering such participation at a rate other than that prescribed or beyond
the prescribed time limit;
b) Altering or falsifying
documents included in an application package for a contribution rate lower than
the normal contribution rate payable to the occupational accident and
occupational disease insurance fund, where such act is not serious enough to
warrant criminal prosecution.
2. A fine ranging from VND
500.000 to VND 1.000.000 shall be imposed for committing one of the following
violations:
a) An employee entering into
an agreement with the employer not to participate in compulsory social
insurance or unemployment insurance, or to participate in such insurance under
an incorrect category of participant, or at a contribution rate other than the
prescribed one, or beyond the prescribed time limit;
b) A person subject to
compulsory social insurance participation as prescribed in Point m or Point n
Clause 1 Article 2 of the Law on Social Insurance failing to register for
compulsory social insurance participation, or registering for such
participation beyond the prescribed time limit, or failing to pay compulsory
social insurance contributions, or paying such contributions after the
prescribed deadline specified in Point b Clause 4 Article 33 of the Law on
Social Insurance.
3. A fine ranging from VND
2.000.000 to VND 4.000.000 per employee affected, but not exceeding VND
75.000.000, shall be imposed on an employer for committing one of the following
violations:
a) Paying compulsory social insurance or
unemployment insurance contributions for persons not subject to compulsory
social insurance or unemployment insurance;
b) Failing to provide, or providing
incomplete, information on an employee's social insurance at the request of the
trade union;
c) Failing to return the
paper social insurance book to the employee as prescribed in Clause 1 Article
13 of the Law on Social Insurance at the employee's request;
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dd) Failing to refer an
employee falling within the scope of Article 47 of the Law on Occupational
Safety and Health and Article 65 of the Law on Social Insurance for a medical
assessment of the employee’s work capacity reduction by a Medical Assessment
Council;
e) Failing to provide the
employee with documents evidencing the termination of the employment
contract/public employee contract or cessation of work within 02 working days
from the date of such termination or cessation; or failing to carry out
procedures for certifying the payment of unemployment insurance contributions
by the employee so that the employee can promptly complete the dossier for
claiming unemployment insurance benefits as prescribed by the law on
unemployment insurance.
4. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed upon an entity for committing one
of the following violations:
a) Unlawfully accessing,
or providing the social insurance or unemployment insurance database;
b) Making false
registrations or reports, or providing inaccurate information, on social
insurance or unemployment insurance;
c) Colluding or conniving
with agencies, organizations, or individuals in committing violations of the
law on social insurance or unemployment insurance;
d) Covering up for, or
aiding and abetting, agencies, organizations, or individuals in committing
violations of the law on social insurance or unemployment insurance.
5. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed on an employer for failing to
notify the public employment service provider in the locality where the
employer's workplace is located of any changes in its employment situation, as
prescribed by law.
6. A fine ranging from VND
2.000.000 to VND 4.000.000 per employee participating in unemployment insurance
and receiving support for vocational training or vocational skills development,
but not exceeding VND 150.000.000, shall be imposed on a vocational education
institution for committing one of the following violations:
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b) Preparing a fictitious
dossier to fraudulently obtain the support for vocational training or
vocational skills development, where such act is not serious enough to warrant
criminal prosecution.
7. A fine ranging from VND
4.000.000 to VND 6.000.000 per social insurance book, but not exceeding VND
75.000.000, shall be imposed on an entity for committing one of the following
violations:
a) Pawning, buying,
selling, mortgaging, or pledging as security, in any form, social insurance
books;
a) Accepting social
insurance books as pledges, mortgages, or security deposits, in any form.
8. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on an employer for failing to
produce or provide accurate, complete, and timely information and documents
relating to the payment of, or entitlement to, compulsory social insurance or
unemployment insurance benefits for which the employer is responsible, at the
request of a competent authority.
9. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on an employer that having
received support funding for training, retraining, or vocational skills
development to maintain employment for employees, for organizing and providing
such training, retraining, or vocational skills development for employees not
in accordance with the plan approved by a competent authority.
10. A fine equal to 18% to
20% of the total amount of compulsory social insurance benefits payable to
employees but appropriated by the employer, calculated at the time the record
of administrative violation is made, but not exceeding VND 75.000.000, shall be
imposed on an employer for appropriating employees’ compulsory social insurance
benefits.
11. A fine ranging from
VND 50.000.000 to VND 70.000.000 shall be imposed on an OSH assessment
organization for providing a false report on the assessment of OSH work and the
reduction of the occupational accident rate.
12. Remedial measures:
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b) The person who commits
the violation prescribed in Point b Clause 2 of this Article is compelled to
submit an application for participation in compulsory social insurance, pay in
full the compulsory social insurance contributions payable, and an amount equal
to 0,03% per day, calculated based on such amount payable of compulsory social
insurance contributions and the number of days from the prescribed deadline for
payment of compulsory social insurance contributions;
c) The employer that
commits the violation prescribed in Point d Clause 3 of this Article is
compelled to pay convalescence and health rehabilitation benefits following an
occupational accident or occupational disease to the employee as prescribed;
d) The vocational education
institution that commits the violation prescribed in Point a Clause 6 of this
Article is compelled, if requested by the employee, to provide the full
duration of the vocational training course for which the employee participating
in unemployment insurance receives support for vocational training or
vocational skills development;
dd) The vocational
education institution that commits the violation prescribed in Point b Clause 6
of this Article is compelled to return the fraudulently obtained amount to the
social insurance authority;
e) The entity that commits
the violation prescribed in Clause 7 of this Article is compelled to return
social insurance books received as pledges or mortgages to employees, and remit
the illegal profits obtained from such violation to the state budget;
g) The employer that
commits the violation prescribed in Clause 9 of this Article is compelled to
provide vocational training, retraining, or vocational skills development for
employees according to the plan approved by a competent authority, except where
the provision of such vocational training, retraining, or vocational skills
development for employees has already been completed;
h) The employer that
commits the violation prescribed in Clause 9 of this Article is compelled to
remit to the social insurance authority the unused portion of the support for
vocational training, retraining, or vocational skills development, as compared
with the plan approved by a competent authority;
i) The employer that
commits the violation specified in Clause 10 of this Article shall be compelled
to return to employees the amount of employees’ compulsory social insurance
benefits appropriated, together with interest on such amount appropriated,
calculated at the highest demand deposit interest rate publicly quoted by
state-owned commercial banks at the time the administrative penalty is imposed.
Chapter
IV
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Article
49. Violations committed by an enterprise providing Vietnamese guest worker
services (hereinafter referred to as “service provider”)
1. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for committing one of the
following violations:
a) Failing to publicly post
a copy of the service provider’s license to provide Vietnamese guest worker
services at its head office, or failing to publish such copy on its website
within 30 days from the date of issuance, re-issuance, or modification of the
license;
b) Failing to publicly
post, at the branch’s office, the service provider’s decision to assign the
branch to provide Vietnamese guest worker services, or a copy of the service
provider’s license;
c) Failing to notify the
Ministry of Home Affairs in writing, or failing to update information on the
branch assigned to provide Vietnamese guest worker services on the database on
Vietnamese guest workers as prescribed;
d) Failing to publish, or
failing to update upon any change, on the service provider’s website, as
prescribed by law, information on: its legal representative; list of
professional staff members; addresses of its head office and business
locations; facilities serving orientation education for workers before they
leave Viet Nam to work abroad; and the decision to assign tasks to its branch;
dd) Failing to publish on
the service provider’s website: adequate and accurate information on the number
of workers, recruitment standards, working conditions, and the rights and
obligations of workers under the labour supply contract; and the list of
recruited workers;
e) Failing to submit
reports, or submitting incomplete, inaccurate, or untimely reports, on the
provision of Vietnamese guest worker services, as prescribed by law;
g) Failing to update, or
inadequately updating, information on workers sent abroad by the service
provider on the database on Vietnamese guest workers from the date of departure
of each worker until the contract for sending the Vietnamese guest worker to
work abroad is finalized, as prescribed by law;
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i) Failing to instruct
workers to participate in social insurance in accordance with the law on social
insurance;
k) Failing to make
contributions to the Fund for Overseas Employment Support (FES) within the time
limit prescribed by law;
l) Making inaccurate
declarations regarding information on compliance with the conditions applicable
to an overseas market, sector, or occupation in the written notification of
satisfaction of the conditions for providing services for sending workers to
work abroad in such market, sector, or occupation;
m) Failing to update, upon
any change, the list of professional staff members and facilities on the
database on Vietnamese guest workers and notify the Ministry of Home Affairs of
such change within 07 days from the date of the change.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 per worker affected, but not exceeding VND
200.000.000, shall be imposed on a service provider for committing one of the
following violations:
a) Failing to provide
orientation education, or failing to issue certificates of completion of the
orientation education course, to workers before they travel abroad to work, as
prescribed by law;
b) Agreeing with a worker
on a deposit amount higher than that prescribed by law, or requiring a worker
to make a deposit in contravention of the law;
c) Failing to sign, or
signing in a form other than the prescribed form, a contract for sending
Vietnamese guest worker to work abroad with the worker;
d) Failing to clearly
state the agreed service charges and other costs payable by a worker in the
contract for sending Vietnamese guest worker to work abroad signed with such
worker;
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e) Failing to make the
contents of the contract for sending Vietnamese guest worker to work abroad
conform to the registered labour supply contract.
3. A fine equal to 20% to 30%
of the total amount payable to the Fund for Overseas Employment Support as
prescribed by law, calculated as at the time the record of the administrative
violation is made, but not exceeding VND 200.000.000, shall be imposed for
failing to make contributions, or making insufficient contributions, to the
Fund for Overseas Employment Support as prescribed by law.
4. A fine equal to 40% to
50% of the total amount contributed by workers to the Fund for Overseas
Employment Support through the service provider, which the service provider has
failed to remit, or has remitted only partially, to the Fund, calculated as at
the time the record of the administrative violation is made, but not exceeding
VND 200.000.000, shall be imposed.
5. A fine ranging from VND
50.000.000 to VND 70.000.000 shall be imposed for committing one of the
following violations:
a) Failing to maintain
satisfaction of any of the conditions set out in Article 10 of the Law on
Vietnamese guest workers throughout the course of the service provider’s
operation;
b) Failing to maintain
satisfaction of any of the conditions set out in Clause 2 Article 8 of the Law
on Vietnamese guest workers and Article 20 of the Government’s Decree No.
112/2021/ND-CP dated December 10, 2021, as amended by Decree No. 372/2025/ND-CP;
c) Failing to comply with
the registered and approved labour supply contract;
d) Failing to pay
compensation to workers for damage caused by the service provider or its branch
to such workers, as prescribed by law;
dd) Failing to provide counseling
or assistance to workers with procedures relating to the termination of
employment contracts, their rights and entitlements, and repatriation
procedures;
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g) Failing to make a
written commitment regarding the waiting period before departure to work
abroad, which must not exceed 180 days from the date the worker is selected to
work abroad, or failing to comply with the committed waiting period before
departure;
h) Failing to directly
recruit workers.
6. A fine ranging from VND
50.000.000 to VND 70.000.000 per worker affected, but not exceeding VND
200.000.000, shall be imposed for committing one of the following violations:
a) Taking advantage of the
recruitment of Vietnamese workers to work abroad, or the provision of
Vietnamese guest worker services, to unlawfully collect money from workers;
b) Collecting recruitment
fees from workers;
c) Collecting deposits
from workers without depositing them into a blocked account as prescribed by
law.
7. The following fines
shall be imposed for sending Vietnamese guest workers to work abroad in excess
of the number of workers registered under the labour supply contract:
a) A fine ranging from VND
40.000.000 to VND 80.000.000 shall be imposed for sending 01 to 10 workers in
excess of the number of workers registered under the labour supply contract;
b) A fine ranging from VND
80.000.000 to VND 120.000.000 shall be imposed for sending 11 to 50 workers in
excess of the number of workers registered under the labour supply contract;
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8. A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed for committing one of the
following violations:
a) Collecting service
charges from workers not in accordance with the law;
b) Failing to reimburse,
or failing to fully reimburse, the worker for the service charges and the
interest thereon, calculated in proportion to the remaining term of the
contract for sending Vietnamese guest worker to work abroad, where the worker
has paid the service charges for the entire working term under such contract
but has to return to Viet Nam before the expiry of the contract through no
fault of the worker;
c) Failing to manage and
protect the lawful rights and interests of workers sent abroad by the service
provider, as prescribed by law;
d) Failing to provide
legal assistance where a worker requires such assistance in cases of abuse,
violence, or discrimination while working abroad;
dd) Failing to comply with
requests from competent authorities, or failing to cooperate with the relevant
authorities and organizations of the host country, in resolving disputes
involving workers;
e) Failing to resolve
issues arising with respect to a worker in any of the following cases: death;
occupational accident; occupational disease; harm to life; harm to health; harm
to honor or dignity; harm to property; natural disaster; epidemic; war;
political instability; or state of emergency.
9. A fine ranging from VND
150.000.000 to VND 180.000.000 shall be imposed for committing one of the
following violations:
a) Taking advantage of the
sending of Vietnamese guest workers to work abroad to organize the illegal exit
of persons from Viet Nam, exploit workers, or subject workers to forced labour,
where such act does not give rise to criminal liability;
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c) Coercing, inducing,
enticing, or deceiving Vietnamese guest workers into remaining abroad
illegally, where such act does not give rise to criminal liability;
d) Discriminating against
workers, or insulting their honor or dignity, in the course of sending
Vietnamese guest workers to work abroad;
dd) Sending Vietnamese
guest workers to work abroad without registering the labour supply contract, or
having registered the labour supply contract but not yet obtained approval;
e) Altering or
falsifying documents in the application for issuance or re-issuance of the
license to provide Vietnamese guest worker services, where such act is not
serious enough to warrant criminal prosecution;
g) Altering or
falsifying any content of the issued license to provide Vietnamese guest worker
services, where such act is not serious enough to warrant criminal
prosecution;
h) Forging documents
in the application for issuance or re-issuance of the license to provide
Vietnamese guest worker services, where such act does not give rise to
criminal liability;
i) Sending workers to work
as domestic workers abroad without notifying, or by submitting an untruthful
notification of, satisfaction of the conditions for providing services to send
Vietnamese workers to work as domestic workers abroad.
10. A fine ranging from
VND 180.000.000 to VND 200.000.000 shall be imposed for committing one of the
following violations:
a) Using another
enterprise's license to provide Vietnamese guest worker services to organize
the sending of Vietnamese guest workers to work abroad;
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c) Assigning its branch to
provide Vietnamese guest worker services in contravention of the law;
d) Performing labour
supply contracts during the period in which the performance of such contract is
suspended; or carrying out any of the activities prescribed in Clauses 1, 2, 3
and 4 of Article 9 of the Law on Vietnamese guest workers during the period of
suspension.
11. Additional penalties
a) The entity committing
the violation specified in Point e Clause 2 of this Article shall be suspended,
for a period of 03 to 06 months, from carrying out the activities prescribed in
Clauses 1 and 3 Article 9 of the Law on Vietnamese guest workers in the market
where the violation occurred.
b) The entity committing
the violation specified in Point b Clause 5 of this Article shall be suspended,
for a period of 12 to 18 months, from carrying out the activities prescribed in
Clauses 1, 2, 3 and 4 Article 9 of the Law on Vietnamese guest workers in the
market where the violation occurred;
c) The entity committing
the violation specified in Point a Clause 8 of this Article shall be suspended,
for a period of 06 to 12 months, from carrying out the activities prescribed in
Clauses 1, 2 and 3 Article 9 of the Law on Vietnamese guest workers;
d) The entity committing
the violation specified in Point dd Clause 8 of this Article shall be
suspended, for a period of 06 to 12 months, from carrying out the activities
prescribed in Clauses 1, 2, 3 and 4 Article 9 of the Law on Vietnamese guest
workers.
12. Remedial measures
a) The service provider
that commits the violation prescribed in Point g Clause 1 of this Article is
compelled to update, as prescribed by law, information on workers sent abroad
on the database on Vietnamese guest workers;
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c) The service provider
that commits the violation prescribed in Clause 4 of this Article is compelled
to pay into the Fund for Overseas Employment Support the total amount
contributed by workers to the Fund for Overseas Employment Support through the
service provider, together with interest on such amount, calculated at the
highest demand deposit interest rate publicly quoted by state-owned commercial
banks at the time the administrative penalty is imposed;
d) The service provider
that commits the violation prescribed in Point d Clause 5 of this Article is
compelled to pay compensation to workers for damage caused by the service
provider or its branch to such workers, as prescribed by law;
dd) The service provider
that commits the violation prescribed in Clause 6 or Point a Clause 8 of this
Article is compelled to return to workers the amount unlawfully collected from
such workers, together with interest on such amount, calculated at the highest
demand deposit interest rate publicly quoted by state-owned commercial banks at
the time the administrative penalty is imposed;
e) The service provider
that commits the violation prescribed in Point b Clause 8 of this Article is
compelled to fully reimburse workers for the service charges and interest
thereon, as prescribed by law;
g) The service provider
that commits the violation prescribed in Point b Clause 9 of this Article is
compelled to reimburse the amount collected from workers sent to work abroad,
together with interest thereon calculated at the highest demand deposit
interest rate publicly quoted by state-owned commercial banks at the time the
administrative penalty is imposed, and concurrently to pay the costs of
repatriating such workers;
h) The entity that commits
the violation prescribed in Point c Clause 9 of this Article is compelled to
remit the illegal profits obtained from such violation to the state budget;
i) The entity that commits
the violation prescribed in Point g Clause 9 of this Article is compelled to
return its license to provide Vietnamese guest worker services to the competent
authority that issued the license.
Article
50. Violations of regulations on sending Vietnamese guest workers to work
abroad by enterprises winning or undertaking contracts for construction works
or projects overseas
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for committing one of the following
violations:
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b) Failing to submit a
report upon completion of a contract for overseas construction works or project
for which the enterprise won or was awarded the contract, or failing to submit
an ad hoc report at the request of the provincial-level People's Committee as
prescribed by law.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 per worker affected, but not exceeding VND
200.000.000, shall be imposed for failing to ensure that workers receive
periodic health check-ups, including reproductive health examinations, and
medical examination and treatment in cases where a worker falls ill or suffers
an accident while working abroad.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 per worker affected, but not exceeding VND
200.000.000, shall be imposed for committing one of the following violations:
a) Failing to
organize orientation education for Vietnamese guest workers before they leave
Viet Nam to work abroad;
b) Failing to provide adequate,
accurate, or clear information on any of the following: working conditions;
living conditions; or the rights or entitlements of workers working at overseas
construction works or project of the enterprise winning or undertaking the
contract for such overseas construction works or project;
c) Failing to directly
organize the sending of Vietnamese guest workers to work abroad.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for committing one of the
following violations:
a) Failing to repatriate a
worker, or failing to pay the costs of repatriating the worker, where the
worker falls ill or suffers an accident to the extent that the worker is no
longer able to continue working abroad;
b) Failing to arrange for
the repatriation of the remains or body of a worker who dies while working
abroad; or failing to pay the costs associated with the repatriation of the
remains or body of a worker who dies while working abroad;
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a) Sending Vietnamese
guest workers to work abroad in excess of the number of workers specified in
the plan for sending Vietnamese guest workers to work abroad notified to the
People's Committee of province or city where the enterprise is headquartered,
or otherwise than in accordance with such plan;
b) Failing to enter into
an agreement with a worker by way of an annex to the employment contract as
prescribed, or entering into such an annex with contents inconsistent with the
plan for sending Vietnamese guest workers to work abroad notified to the
People's Committee of province or city where the enterprise is headquartered.
6. A fine ranging from VND
75.000.000 to VND 90.000.000 shall be imposed for committing one of the
following violations:
a) Failing to submit
reports to the Vietnamese representative mission abroad, or failing to
cooperate with such mission, in managing and protecting the lawful and
legitimate rights and interests of workers while they are working abroad;
b) Failing to comply with
requests from competent authorities, or failing to cooperate with the relevant
authorities and organizations of the host country, in resolving disputes
involving workers working abroad;
c) Failing to resolve, or
failing to cooperate in resolving, issues arising with respect to a worker in
any of the following cases: death; accident; harm to life; harm to health; harm
to honor or dignity; harm to property; natural disaster; epidemic; war;
political instability; economic downturn; state of emergency; or other force
majeure event.
7. A fine ranging from VND
50.000.000 to VND 70.000.000 per worker affected, but not exceeding VND
200.000.000, shall be imposed for taking advantage of the sending of Vietnamese
guest workers to work abroad to unlawfully collect money from workers.
8. A fine ranging from VND
150.000.000 to VND 180.000.000 shall be imposed for committing one of the
following violations:
a) Taking advantage of the
sending of Vietnamese guest workers to work abroad to organize illegal exit
from Viet Nam, exploit workers, or subject workers to forced labour, if not
liable to criminal prosecution;
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c) Coercing, inducing,
enticing, or deceiving Vietnamese guest workers into remaining abroad
illegally, where such act does not give rise to criminal liability;
d) Sending Vietnamese
guest workers to work abroad without having notified the People’s Committee of
the province or city where the enterprise is headquartered of the plan for
sending Vietnamese guest workers to work abroad.
9. Additional penalty
The Vietnamese enterprise
winning or undertaking contract for overseas construction works or project that
commits any of the violations prescribed in Clauses 6, 7, and 8 of this Article
shall be suspended from sending Vietnamese guest workers to work abroad for a
period of 06 to 12 months.
10. Remedial measures
a) The Vietnamese
enterprise winning or undertaking contract for overseas construction works or
project that commits the violation prescribed in Point a Clause 1 of this
Article is compelled to update information on workers on the database on
Vietnamese guest workers;
b) The Vietnamese
enterprise winning or undertaking contract for overseas construction works or
project that commits the violation prescribed in Point a Clause 4 of this
Article is compelled to repatriate the worker or pay the costs of repatriating
the worker;
c) The Vietnamese enterprise
winning or undertaking contract for overseas construction works or project that
fails to pay the costs associated with the repatriation of the remains or body
of a worker who dies while working abroad, as prescribed in Point b Clause 4 of
this Article, is compelled to pay such costs;
d) The Vietnamese
enterprise winning or undertaking contract for overseas construction works or
project that commits the violation prescribed in Clause 7 of this Article is
compelled to return to workers the amount unlawfully collected from such
workers, together with interest on such amount, calculated at the highest
demand deposit interest rate publicly quoted by state-owned commercial banks at
the time the administrative penalty is imposed;
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Article
51. Violations of regulations on sending Vietnamese guest workers to work
abroad by Vietnamese entities making outward investment
1. A fine ranging from VND
500.000 to VND 1.500.000 shall be imposed for failing to submit annual periodic
reports as prescribed, or ad hoc reports, on the status of sending Vietnamese
guest workers to work abroad, as prescribed by law.
2. A fine ranging from VND
1.500.000 to VND 2.500.000 shall be imposed for failing to update information
on workers on the database on Vietnamese guest workers.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 per worker affected, but not exceeding VND
100.000.000, shall be imposed for committing one of the following violations:
a) Failing to
organize orientation education for Vietnamese guest workers before they leave
Viet Nam to work abroad;
b) Failing to provide
adequate, accurate, or clear information on any of the following: working
conditions; living conditions; or the rights or entitlements of workers working
at the overseas production or business establishment or construction project
established by the entity making outward investment;
c) Failing to directly
organize the sending of Vietnamese workers to work abroad;
d) Failing to directly
manage and use Vietnamese guest workers sent to work abroad.
4. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for committing one of the
following violations:
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b) Failing to enter into
an agreement with a worker by way of an annex to the employment contract as
prescribed, or entering into such an annex with contents inconsistent with the
plan for sending Vietnamese guest workers to work abroad notified to the
People's Committee of province or city where the enterprise is headquartered;
c) Failing to enter into
contracts for sending Vietnamese guest worker to work abroad using the contents
or form prescribed by the Minister of Home Affairs, where newly recruited
workers are sent to work abroad;
d) Failing to finalize the
contract for sending Vietnamese guest worker to work abroad entered into with a
worker within 180 days from the date such worker’s employment contract is
terminated.
5. A fine ranging from VND
35.000.000 to VND 45.000.000 shall be imposed for committing one of the
following violations:
a) Failing to submit
reports to the Vietnamese representative mission abroad, or failing to
cooperate with such mission, in managing and protecting the lawful and
legitimate rights and interests of workers while they are working abroad;
b) Failing to comply with
requests from competent authorities, or failing to cooperate with the relevant
authorities and organizations of the host country, in resolving disputes
involving workers working abroad;
c) Failing to resolve
issues arising with respect to a worker in any of the following cases: death;
accident; harm to life; harm to health; harm to honor or dignity; harm to
property; natural disaster; epidemic; war; political instability; economic
downturn; state of emergency; or other force majeure event.
6. A fine ranging from VND
25.000.000 to VND 35.000.000 per worker affected, but not exceeding VND
100.000.000, shall be imposed for taking advantage of the sending of Vietnamese
guest workers to work abroad to unlawfully collect money from workers.
7. A fine ranging from VND
75.000.000 to VND 90.000.000 shall be imposed for committing one of the
following violations:
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b) Sending Vietnamese
guest workers to work abroad in any of the following cases: to a prohibited
area; to perform prohibited work; in violation of social ethics; causing harm
to the health of workers or the community, where such act is not serious enough
to warrant criminal prosecution; or without the permission of the host country;
c) Coercing, inducing,
enticing, or deceiving Vietnamese guest workers into remaining abroad
illegally, where such act does not give rise to criminal liability;
d) Sending Vietnamese
guest workers to work abroad without having notified the People’s Committee of
the province or city where the enterprise is headquartered of the plan for
sending Vietnamese guest workers to work abroad.
8. Additional penalty
The Vietnamese entity
making outward investment that commits any of the violations prescribed in
Clauses 5, 6, and 7 of this Article shall be suspended from sending Vietnamese
guest workers to work abroad for a period of 06 to 12 months.
9. Remedial measures:
a) The Vietnamese entity
making outward investment that commits the violation prescribed in Clause 2 of
this Article is compelled to update information on workers on the database on
Vietnamese guest workers;
b) The Vietnamese entity making
outward investment that commits the violation prescribed in Point a Clause 4 of
this Article is compelled to ensure the full lawful rights and interests of the
workers who have been sent to work abroad;
c) The Vietnamese entity
making outward investment that commits the violation prescribed in Clause 6 of
this Article is compelled to return to workers the amount unlawfully collected
from such workers, together with interest on such amount, calculated at the
highest demand deposit interest rate publicly quoted by state-owned commercial
banks at the time the administrative penalty is imposed;
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Article
52. Violations committed by Vietnamese enterprises sending Vietnamese workers
abroad for vocational training or vocational skills development
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for failing to submit reports to
competent authorities on the status of sending workers abroad for vocational
training or vocational skills development, as prescribed by law.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for failing to update information
on workers on the database on Vietnamese guest workers.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 per worker affected, but not exceeding VND
200.000.000, shall be imposed for committing one of the following violations:
a) Failing to organize
orientation education for Vietnamese workers before they leave Viet Nam to
attend vocational training or vocational skills development courses abroad;
b) Failing to provide
adequate, accurate, or clear information on any of the contents prescribed in
Clause 2 Article 37 of the Law on Vietnamese guest workers.
4. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for committing one of the
following violations:
a) Sending Vietnamese
workers abroad for vocational training or vocational skills development in
excess of the number of workers registered with a competent authority;
b) Entering into a
contract for receiving Vietnamese interns that does not contain all the
contents prescribed in Clause 2 Article 37 of the Law on Vietnamese guest
workers;
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d) Entering into an
overseas vocational training contract whose contents are inconsistent with the
contract for receiving Vietnamese interns.
5. A fine ranging from VND
75.000.000 to VND 90.000.000 shall be imposed for committing one of the
following violations:
a) Failing to submit
reports to the Vietnamese representative mission abroad, or failing to
cooperate with such mission, in managing and protecting the lawful and
legitimate rights and interests of workers while they are working abroad;
b) Failing to comply with
requests from competent authorities, or failing to cooperate with the relevant
authorities and organizations of the host country where Vietnamese workers
attend vocational training or vocational skills development course, in
resolving disputes involving workers working abroad;
c) Failing to resolve
issues arising with respect to a worker in any of the following cases: death;
accident; harm to life; harm to health; harm to honor or dignity; harm to
property; natural disaster; epidemic; war; political instability; economic
downturn; state of emergency; or other force majeure event.
6. A fine ranging from VND
150.000.000 to VND 180.000.000 shall be imposed for committing one of the
following violations:
a) Taking advantage of the
sending of Vietnamese workers abroad for vocational training or vocational
skills development to organize the illegal exit of persons from Viet Nam, or
exploit workers, or subject workers to forced labour, where such act does not
give rise to criminal liability;
b) Sending Vietnamese
workers abroad for vocational training or vocational skills development without
registering the contract for receiving Vietnamese interns, or after registering
such contract but without obtaining approval from the competent authority;
c) Coercing, inducing,
enticing, or deceiving Vietnamese workers into remaining abroad illegally,
where such act does not give rise to criminal liability.
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a) The Vietnamese
enterprise sending Vietnamese workers abroad for vocational training or
vocational skills development that commits the violation prescribed in Clause 2
of this Article is compelled to update information on workers on the database
on Vietnamese guest workers;
b) The Vietnamese
enterprise sending Vietnamese workers abroad for vocational training or
vocational skills development that commits the violation prescribed in Point c
Clause 5 of this Article is compelled to fully discharge its obligations and
responsibilities towards workers as prescribed by law;
c) The Vietnamese
enterprise sending Vietnamese workers abroad for vocational training or
vocational skills development that commits the violation prescribed in Point c
Clause 6 of this Article is compelled to return the illegal profits obtained
from such violation.
Article
53. Violations committed by Vietnamese guest workers and other relevant
entities
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on a worker who works abroad under
an employment contract directly concluded by the worker without having obtained
written confirmation of the registration of such employment contract from the
commune-level People’s Committee of the worker’s place of permanent residence.
2. A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed on a worker for intentionally remaining
abroad after the termination of employment contract or vocational training
contract without authorization, where such act is not due to any form of threat
or coercion and does not give rise to criminal liability.
3. A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed for committing one of the
following violations:
a) Providing information,
advertising, or consultancy to workers regarding working abroad without being
authorized to do so;
b) Organizing the
selection of, or collecting money from, Vietnamese workers for working abroad
without being authorized to do so;
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d) Forging the license to
provide Vietnamese guest worker services, where such act does not give
rise to criminal liability.
4. A fine ranging from VND
180.000.000 to VND 200.000.000 shall be imposed on a branch of a service
provider for sending Vietnamese guest workers to work abroad outside the scope
of the tasks or the period assigned to it by the service provider.
5. Remedial measures:
The entity that commits
the violation prescribed in Clause 4 of this Article is compelled to return to
workers the amount unlawfully collected from such workers, together with
interest on such amount, calculated at the highest demand deposit interest rate
publicly quoted by state-owned commercial banks at the time the administrative
penalty is imposed;
Chapter
V
POWER
TO IMPOSE ADMINISTRATIVE PENALTIES AND POWER TO MAKE RECORDS OF ADMINISTRATIVE
VIOLATIONS; PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES; IMPLEMENTATION OF
PENALTIES AND REMEDIAL MEASURES AGAINST ADMINISTRATIVE VIOLATIONS IN THE FIELDS
OF LABOUR, SOCIAL INSURANCE, AND VIETNAMESE GUEST WORKERS
Section
1. POWER TO IMPOSE ADMINISTRATIVE PENALTIES AND POWER TO MAKE RECORDS OF
ADMINISTRATIVE VIOLATIONS
Article
54. Power to make records of administrative violations
While performing their
duties, the following persons have the power to make records of administrative
violations:
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2. Civil servants and
public employees working for provincial-level Departments of Home Affairs who
have the power to make records of administrative violations in Chapters II,
III, and IV of this Decree.
3. Civil servants
performing cultural and social affairs working for provincial-level Departments
of Home Affairs who have the power to make records of administrative violations
in Chapters II, III, and IV of this Decree, within the scope of their assigned
functions and tasks.
4. Civil servants and
public employees working at units of the Ministry of Home Affairs performing
state management and specialized examination of labour, social insurance, or
Vietnamese guest workers who, within the scope of their examination, have the
power to make records of the administrative violations prescribed in this
Decree.
5. Civil servants and
public employees of the Ministry of Finance, provincial-level social insurance
agencies, and Viet Nam Social Security who have the power to make records of
administrative violations relating to social insurance and payment of
unemployment insurance contributions prescribed in Chapter III of this Decree,
within the scope of their assigned functions and tasks.
6. Civil servants and
public employees of the Ministry of Foreign Affairs who have the power to make
records of the administrative violations prescribed in Article 14 of this
Decree, within the scope of their assigned functions and tasks.
7. Civil servants and
public employees of the People’s Public Security forces who have the power to
make records of the administrative violations prescribed in Point c Clause 2
Article 8; Point dd Clause 3 Article 9; Points a, b, and c Clause 4 Article 10;
Point d Clause 1 and Clause 3 Article 11; Clauses 3 and 4 Article 13; Clause 3
Article 17; Points a and b Clause 3 Article 25; Clause 4 Article 28; Article
29; Point dd Clause 3 Article 32; Point dd Clause 1 Article 37; Clauses 5 and 6
Article 37; Clause 2 Article 38; Point a Clause 3 Article 39; Article 44;
Article 46; Point a Clause 1 and Clause 2 Article 47; Point b Clause 1 Article
48; Points a, c, and d Clause 4 Article 48; Point b Clause 6 Article 48; Points
a, b, and e Clause 1 Article 49; Point a Clause 6 Article 49; Point a Clause 8
Article 49; Points a, b, c, d, e, g, and h Clause 9 Article 49; Clause 8
Article 50; Clause 1 and Points a, b, and c Clause 7 Article 51; Points a and c
Clause 6 Article 52; and Article 53 of this Decree, within the scope of their
assigned functions, tasks and powers, in the sectors and areas under their
management.
8. Civil servants and
public employees of the Coast Guard Forces who have the power to make records
of the administrative violations prescribed in Chapter II of this Decree,
within the scope of their assigned functions, tasks, and powers, in the fields
and sea areas under their management.
9. Civil servants and
public employees of the Border Guard who have the power to make records of the
administrative violations prescribed in Point a Clause 9 Article 49; Clause 8
Article 50; Point a Clause 7 Article 51; and Point a Clause 6 Article 52 of
this Decree, within the scope of their management and consistent with the
functions, tasks, powers, and areas assigned to them.
10. Diplomatic service
officers and consular officers working for diplomatic missions, consular
missions, and other missions authorized to perform consular duties of the
Socialist Republic of Viet Nam in foreign countries who have the power to make
records of administrative violations prescribed in Point c Clause 9 Article 49;
Point c Clause 8 Article 50; Point c Clause 7 Article 51; Point c Clause 6
Article 52; Clause 2 Article 53; and Point c Clause 3 Article 53 of this Decree.
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Article
55. Power to impose penalties of Chairpersons of People’s Committees
1. Chairpersons of
People’s Committees of communes, wards, or special zones (hereinafter referred
to as “commune-level”) have the power to:
a) Issue warning;
b) Impose a fine up to VND
37.500.000 for administrative violations in the fields of labour and social
insurance;
c) Impose a fine up to VND
50.000.000 for administrative violations in the field of Vietnamese guest
workers;
d) Suspend practicing certificates
or suspend operations or activities for a fixed period;
dd) Confiscate the
exhibits of administrative violations;
e) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
2. Chairpersons of
People’s Committees of provinces or cities (hereinafter referred to as
“provincial-level”) have the power to:
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b) Impose a fine up to VND
75.000.000 for administrative violations in the fields of labour and social
insurance;
c) Impose a fine up to VND
100.000.000 for administrative violations in the field of Vietnamese guest
workers;
d) Suspend practicing
certificates or suspend operations or activities for a fixed period;
dd) Confiscate the
exhibits of administrative violations;
e) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
Article
56. Power to impose penalties of Director-General of Department of Overseas
Labour Management, and heads of examination teams established by the
Director-General
1. The Director-General of
the Department of Overseas Labour Management has the power to:
a) Issue warning;
b) Impose a fine up to VND
100.000.000 for administrative violations in the field of Vietnamese guest
workers;
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d) Impose the remedial measures
specified in clause 3 Article 3 of this Decree;
2. Heads of examination
teams established by the Director-General of the Department of Overseas Labour
Management have the power to:
a) Issue warning;
b) Impose a fine up to VND
80.000.000 for administrative violations in the field of Vietnamese guest
workers;
c) Suspend operations or
activities for a fixed period;
d) Impose the remedial
measures specified in clause 3 Article 3 of this Decree.
Article
57. Power to impose penalties of Directors of provincial-level social insurance
agencies, Director of Viet Nam Social Security, and heads of specialized
examination teams established by Viet Nam Social Security
1. Directors of
provincial-level social insurance agencies have the power to:
a) Issue warning;
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c) Confiscate the exhibits
of administrative violations;
d) Impose the remedial
measures specified in clause 3 Article 3 of this Decree.
2. Director of Viet Nam
Social Security has the power to:
a) Issue warning;
b) Impose a fine up to VND
75.000.000 for administrative violations in the fields of social insurance and payment
of unemployment insurance contributions;
c) Confiscate the exhibits
of administrative violations;
d) Impose the remedial
measures specified in clause 3 Article 3 of this Decree.
3. Heads of specialized
examination teams established by Viet Nam Social Security have the power to:
a) Issue warning;
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c) Confiscate the exhibits
of administrative violations;
d) Impose the remedial
measures specified in clause 3 Article 3 of this Decree.
Article
58. Power to impose penalties of People’s Public Security Forces
1. Soldiers on duty of
People’s Public Security Forces have the power to:
a) Issue warning;
b) Impose a fine up to VND
7.500.000 for administrative violations in the field of labour and social
insurance; and up to VND 10.000.000 for administrative violations in the field
of Vietnamese guest workers;
c) Confiscate the exhibits
whose value does not exceed twice the fine specified in point b of this clause.
2. Heads of Company-level
Mobile Police Units have the power to:
a) Issue warning;
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c) Confiscate the exhibits
whose value does not exceed twice the fine specified in point b of this clause.
3. Heads of Police Posts,
Commanders of Mobile Police Battalions, Heads of Squadrons, Station Heads, and
Team Leaders have the power to:
a) Issue warning;
b) Impose a fine up to VND
22.500.000 for administrative violations in the field of labour and social
insurance; and up to VND 30.000.000 for administrative violations in the field
of Vietnamese guest workers;
c) Suspend operations or
activities for a fixed period;
d) Confiscate the exhibits
whose value does not exceed twice the fine specified in point b of this clause.
4. Commune-level Police
Chiefs have the power to:
a) Issue warning;
b) Impose a fine up to VND
37.500.000 for administrative violations in the field of labour and social
insurance; and up to VND 50.000.000 for administrative violations in the field
of Vietnamese guest workers;
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d) Confiscate the exhibits
of administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
5. Heads of Police Offices
at International Airports; Heads of the following professional divisions of the
Internal Security Department, including: the Catholic Security Division, the
Security Division for Other Religions, the Ethnic Security Division, the
Counter-Subversion Division, the Counter-Terrorism Division, and the Social
Security Division; Heads of the following professional divisions of the
Internal Political Security Department, including: the Division for Internal
Protection of Central-level Party and State Agencies, the Security Division for
Central-level Judicial Agencies, Law-making Bodies and Socio-political
Organizations, the Press and Publishing Security Division, the Health and
Education Security Division, the Security Division for Culture, Sports and
Social Affairs, the Postal, Telecommunications and Information Technology
Security Division, and the State Management Division for Protection of State
Secrets; Heads of the following professional divisions of the Economic Security
Department, including: the Industry and Trade Security Division, the Monetary
Security Division, the Finance and Investment Security Division, and the
Security Division for Science, Technology, Natural Resources and Environment;
Heads of the following professional divisions of the Police Department for
Investigation of Drug-related Crimes, including the Division for Prevention and
Investigation of Crimes Involving the Illegal Trading and Transportation of
Narcotic Substances, the Division for Prevention and Investigation of Crimes
Involving the Organization and Harboring of Illegal Drug Use, the Division for
Prevention and Investigation of Crimes Involving the Illegal Production of
Narcotic Substances, and the Division for Prevention and Investigation of
Crimes Involving Lawful Activities Related to Narcotic Substances; Heads of the
following professional divisions of the Police Department for Administrative
Management of Social Order, including the Director of the National Population
Data Center; Heads of the following professional divisions of the Traffic
Police Department, including: the Division for Guidance on Propaganda,
Investigation and Resolution of Traffic Accidents, the Division for Guidance on
Vehicle Registration and Inspection, the Division for Guidance on Road and
Railway Traffic Patrol and Control, the Division for Guidance on Traffic
Control and Escort, the Division for Guidance on Patrol, Control and Prevention
and Combat of Crimes on Inland Waterways, and Fleet Commanders; Heads of the
following professional divisions of the Fire and Rescue Police Department,
including: the Division for Firefighting and Fire and Rescue Operations, and
the Division for Science and Technology Management and Inspection of
Firefighting and Fire and Rescue Equipment; Heads of the following professional
divisions of the Department of Cybersecurity and Hi-tech Crime Prevention and
Control, including: the Division for Prevention and Combat of Crimes Using
Cyberspace to Infringe upon Economic Management Order, the Division for
Prevention and Combat of Crimes Using Cyberspace to Infringe upon Social Order,
the Cyber Information Security Division, the National Information Network
System Security Division, and the Division for Cyber Information Monitoring and
Prevention and Suppression of Activities Using Cyberspace to Infringe upon
National Security; Heads of the following professional divisions of the
Immigration Department, including: the Division for Management of Entry, Exit
and Residence of Foreigners, the Division for Management of Entry and Exit of
Vietnamese Citizens, and Director of the National Aviation Security Center;
Heads of the following professional divisions of the National Data Center,
including: the Application Administration Division, the Data Administration
Division, the System Security and Safety Division, and the Information
Technology System Administration and Operations Division; Heads of the
following professional divisions of the Department of Professional Records,
including: the Director of the Ministry of Public Security's Professional
Information and Data Center, Director of the Professional Information Reception
and Processing Center, and Head of the Information Technology and Professional
Records Database Management Division; Heads of regiment-level Mobile Police
units; Heads of divisions of provincial-level Police Departments, including:
Internal Security Divisions, Internal Political Security Divisions, Police
Divisions for Administrative Management of Social Order, Investigation Police
Divisions for Social Order Crimes, Police Divisions for Investigation into
Corruption, Economy, Smuggling and Environment-related Crimes, Police Divisions
for Investigation of Drug-related Crimes, Traffic Police Divisions, Mobile
Police Divisions, Police Divisions for Enforcement of Criminal Judgments and
Judicial Assistance, Fire and Rescue Police Divisions, Cybersecurity, Hi-tech
Crime Prevention and Control Divisions, Economic Security Divisions, External
Security Divisions, Professional Records Divisions, and Office Chiefs of
Investigation Police Authorities affiliated to provincial-level Police
Departments, have the power to:
a) Issue warning;
b) Impose a fine up to VND
60.000.000 for administrative violations in the field of labour and social
insurance; and up to VND 80.000.000 for administrative violations in the field
of Vietnamese guest workers;
c) Suspend operations or
activities for a fixed period;
d) Confiscate the exhibits
of administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
6. Heads of Immigration
Divisions under the control of Provincial-level Police Departments shall have
the power to impose penalties as prescribed in clause 5 of this Article, and
are entitled to issue expulsion decisions.
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a) Issue warning;
b) Impose a fine up to VND
75.000.000 for administrative violations in the field of labour and social
insurance; and up to VND 100.000.000 for administrative violations in the field
of Vietnamese guest workers;
c) Suspend operations or
activities for a fixed period;
d) Confiscate the exhibits
of administrative violations;
dd) Impose the expulsion
penalty;
e) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
8. Director General of the
Internal Political Security Department, Director General of the Economic
Security Department, Chief of Office of the Investigation Police Authority
affiliated to the Ministry of Public Security, Directors General of the Police
Department for Administrative Management of Social Order, the Investigation
Police Department for Social Order Crimes, the Police Department for
Investigation into Corruption, Economy and Smuggling-related Crimes, the Police
Department for Investigation of Drug-related Crimes, the Traffic Police
Department, the Fire and Rescue Police Department, the Environment Crime
Prevention and Fighting Police Department, the Department of Cybersecurity and
Hi-tech Crime Prevention and Control, the Internal Security Department, the
Police Department for Management of Retention and Execution of Criminal
Judgments at Community, the Commander of the Mobile Police, Director of the
National Data Center, and Director General of the Department of Professional
Records have the power to:
a) Issue warning;
b) Impose a fine up to VND
75.000.000 for administrative violations in the field of labour and social
insurance; and up to VND 100.000.000 for administrative violations in the field
of Vietnamese guest workers;
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d) Confiscate the exhibits
of administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
9. Director General of the
Immigration Department has the power to impose penalties as prescribed in clause
8 of this Article, and is entitled to issue expulsion decisions.
Article
59. Power to impose penalties of Coast Guard Forces
1. Police Officers on duty
of the Coast Guard Forces have the power to:
a) Issue warning;
b) Impose a fine up to VND
3.750.000 for administrative violations in the fields of labour and social
insurance;
c) Confiscate the exhibits
whose value does not exceed twice the fine specified in point b of this clause.
2. Coast Guard Team
Leaders have the power to:
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b) Impose a fine up to VND
7.500.000 for administrative violations in the fields of labour and social
insurance;
c) Confiscate the exhibits
whose value does not exceed twice the fine specified in point b of this clause.
3. Heads of Coast Guard
Units or Coast Guard Stations have the power to:
a) Issue warning;
b) Impose a fine up to VND
15.000.000 for administrative violations in the fields of labour and social
insurance;
c) Confiscate the exhibits
whose value does not exceed twice the fine specified in point b of this clause.
4. Captains of Coast Guard
Platoons have the power to:
a) Issue warning;
b) Impose a fine up to VND
22.500.000 for administrative violations in the fields of labour and social
insurance;
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d) Impose the remedial
measures specified in clause 3 Article 3 of this Decree.
5. Captains of Coast Guard
Squadrons; Heads of Reconnaissance Commissions, Heads of Task Force Commissions
for Drug Crime Prevention and Control under the control of Viet Nam Coast Guard
have the power to:
a) Issue warning;
b) Impose a fine up to VND
37.500.000 for administrative violations in the fields of labour and social
insurance;
c) Suspend practicing
certificates or suspend operations or activities for a fixed period;
d) Confiscate the exhibits
of administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
6. Regional Coast Guard
Commanders, Director General of the Department of Operations and Legislation
under the control of Viet Nam Coast Guard have the power to:
a) Issue warning;
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c) Suspend practicing
certificates for a fixed period;
d) Confiscate the exhibits
of administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
7. Viet Nam Coast Guard
Commander has the power to:
a) Issue warning;
b) Impose a fine up to VND
75.000.000 for administrative violations in the fields of labour and social
insurance;
c) Suspend practicing
certificates or suspend operations or activities for a fixed period;
d) Confiscate the exhibits
of administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
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1. On-duty soldiers of the
Border Guard Forces have the power to:
a) Issue warning;
b) Impose a fine up to VND
5.000.000 for administrative violations in the field of Vietnamese guest
workers;
c) Confiscate the exhibits
whose value does not exceed twice the fine specified in point b of this clause.
2. Station Heads or Team
Leaders in charge of supervising the soldiers mentioned in clause 1 of this
Article have the power to:
a) Issue warning;
b) Impose a fine up to VND
10.000.000 for administrative violations in the field of Vietnamese guest
workers;
c) Confiscate the exhibits
whose value does not exceed twice the fine specified in point b of this clause.
3. Leaders of Task Force
Teams for Drug and Crime Prevention and Control which are put under the control
of Task Force Commissions for Drug and Crime Prevention and Control have the
power to:
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b) Impose a fine up to VND
15.000.000 for administrative violations in the field of Vietnamese guest
workers;
c) Confiscate the exhibits
whose value does not exceed twice the fine specified in point b of this clause.
4. Heads of Border Guard
Posts, Captains of Naval Border Guard Flotillas, and Commanding Officers of
Border Guard Commands at port border checkpoints have the power to:
a) Issue warning;
b) Impose a fine up to VND
30.000.000 for administrative violations in the field of Vietnamese guest
workers;
c) Confiscate the exhibits
whose value does not exceed twice the fine specified in point b of this clause;
d) Impose the remedial
measures specified in clause 3 Article 3 of this Decree.
5. Heads of Task Force
Commissions for Drug and Crime Prevention and Control which are put under
control of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command have the power to:
a) Issue warning;
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c) Suspend operations or
activities for a fixed period;
d) Confiscate the exhibits
of administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
6. Commanding Officers of
Border Guard Commands; Captains of Naval Border Guard Squadrons, and Director
General of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command have the power to:
a) Issue warning;
b) Impose a fine up to VND
100.000.000 for administrative violations in the field of Vietnamese guest
workers;
c) Suspend operations or
activities for a fixed period;
d) Confiscate the exhibits
of administrative violations;
dd) Impose the remedial measures
specified in Clause 3 Article 3 of this Decree.
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1. Directors of
Provincial-level Departments of Home Affairs have the power to:
a) Issue warning;
b) Impose a fine up to VND
60.000.000 for administrative violations in the field of labour and social
insurance; and up to VND 80.000.000 for administrative violations in the field
of Vietnamese guest workers;
c) Suspend practicing
certificates or suspend operations or activities for a fixed period;
d) Confiscate the exhibits
of administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
2. Director General of the
Department of Employment and Director General of the Department of Salary and
Social Insurance have the power to:
a) Issue warning;
b) Impose a fine up to VND
75.000.000 for administrative violations in the fields of labour and social
insurance;
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d) Confiscate the exhibits
of administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
3. Heads of examination
teams established by the Minister of Home Affairs of Viet Nam, the Minister of
Finance of Viet Nam, or the Minister of Foreign Affairs of Viet Nam, have the
power to:
a) Issue warning;
b) Impose a fine up to VND
75.000.000 for administrative violations in the field of labour and social
insurance; and up to VND 100.000.000 for administrative violations in the field
of Vietnamese guest workers;
c) Suspend practicing
certificates or suspend operations or activities for a fixed period;
d) Confiscate the exhibits
of administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
4. Heads of examination
teams established by the Director General of the Department of Employment or
the Director General of the Department of Salary and Social Insurance have the
power to:
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b) Impose a fine up to VND
60.000.000 for administrative violations in the fields of labour and social
insurance;
c) Suspend practicing
certificates or suspend operations or activities for a fixed period;
d) Confiscate the exhibits
of administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 3 of this Decree.
Article
62. Power to impose penalties of diplomatic missions, consular missions, and
other missions authorized to perform consular duties of the Socialist Republic
of Viet Nam in foreign countries
Heads of diplomatic
missions, consular missions, and other missions authorized to perform consular duties
of the Socialist Republic of Viet Nam in foreign countries have the power to:
1. Issue warning.
2. Impose a fine up to VND
100.000.000 for administrative violations in the field of Vietnamese guest
workers.
3. Confiscate the exhibits
of administrative violations.
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Article
63. Principles for determining and apportioning authority to impose penalties
1. The penalties imposed
by a competent person prescribed in Articles 55, 56, 57, 58, 59, 60, 61, and 62
of this Decree are those imposed for an administrative violation committed by
an individual. In case of fines, the fine imposed on an organization is twice
as much as that imposed on an individual by the same competent person.
2. Chairpersons of
People’s Committees at all levels shall have the power to impose administrative
penalties and remedial measures for the administrative violations specified in
Chapter II, Chapter III and Chapter IV of this Decree within their competence
prescribed in Article 55 of this Decree and within the ambit of their assigned
functions, duties and powers.
3. Director-General of the
Department of Overseas Labour Management, and heads of examination teams
established by the Director-General of the Department of Overseas Labour
Management shall have the power to impose administrative penalties and remedial
measures for the administrative violations specified in Chapter IV of this
Decree within their competence prescribed in Article 56 of this Decree and
within the ambit of their assigned functions, duties and powers.
4. Directors of
provincial-level social insurance agencies, Director of Viet Nam Social
Security, and heads of specialized examination teams established by Viet Nam
Social Security shall have the power to impose administrative penalties and
remedial measures for the administrative violations in the fields of social
insurance and payment of unemployment insurance contributions prescribed in
Chapter III of this Decree within their competence prescribed in Article 57 of
this Decree and within the ambit of their assigned functions, duties and powers.
5. The persons having the
power to impose penalties of the People’s Public Security Forces shall have the
power to impose administrative penalties and remedial measures for the
administrative violations specified in Point c Clause 2 Article 8; Point d
Clause 3 Article 9; Points a, b, and c Clause 4 Article 10; Point d Clause 1
and Clause 3 Article 11; Clauses 3 and 4 Article 13; Clause 3 Article 17;
Points a and b Clause 3 Article 25; Clause 4 Article 28; Article 29; Point d
Clause 3 Article 32; Point d Clause 1 Article 37; Clauses 5 and 6 Article 37;
Clause 2 Article 38; Point a Clause 3 Article 39; Article 44; Article 46; Point
a Clause 1 and Clause 2 Article 47; Point b Clause 1 Article 48; Points a, c,
and d Clause 4 Article 48; Point b Clause 6 Article 48; Points a, b, and e
Clause 1 Article 49; Point a Clause 6 Article 49; Point a Clause 8 Article 49;
Points a, b, c, d, e, g, and h Clause 9 Article 49; Clause 8 Article 50; Clause
1 and Points a, b, and c Clause 7 Article 51; Points a and c Clause 6 Article
52; and Article 53 this Decree, within their competence prescribed in Article
58 of this Decree, and within the ambit of their assigned functions, duties and
powers in the fields and geographical areas under their management.
6. The persons having the
power to impose penalties of the Coast Guard Forces shall have the power to
impose administrative penalties and remedial measures for the administrative
violations specified in Chapter II of this Decree, within their competence
prescribed in Article 59 of this Decree and within the ambit of their assigned
functions, duties and powers in the fields and sea areas under their management.
7. The persons having the
power to impose penalties of the Border Guard Forces shall have the power to
impose administrative penalties and remedial measures for the administrative
violations specified in Point a Clause 9 Article 49; Clause 8 Article 50; Point
a Clause 7 Article 51; and Point a Clause 6 Article 52 of this Decree, within
their competence prescribed in Article 60 of this Decree and within the ambit
of their assigned functions, duties and powers in the fields and geographical
areas under their management.
8. Directors of
Provincial-level Departments of Home Affairs shall have the power to impose
administrative penalties and remedial measures for the administrative
violations specified in Chapter II, Chapter III and Chapter IV of this Decree
within their competence prescribed in Clause 1 Article 61 of this Decree and
within the ambit of their assigned functions, duties and powers.
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10. Heads of examination
teams established by the Director General of the Department of Employment shall
have the power to impose administrative penalties and remedial measures for the
administrative violations concerning employment, occupational safety,
unemployment insurance, working hours, and rest periods specified in Sections 1
and 3 Chapter II; Clause 2 Article 18; Points c, d, dd, and e Clause 3 Article
19; Clause 5 Article 19; Articles 20, 24, 26, 27, 28, 45, 46, 47, and 48 of
this Decree, within their competence prescribed in Clause 4 Article 61 of this
Decree and within the ambit of their assigned functions, duties and powers.
11. The Director General
of the Department of Salary and Social Insurance shall have the power to impose
administrative penalties and remedial measures for the administrative
violations concerning labour, salary and social insurance specified in Sections
2, 4 Chapter II and Chapter III of this Decree within their competence
prescribed in Clause 2 Article 61 of this Decree and within the ambit of their
assigned functions, duties and powers.
12. Heads of examination
teams established by the Director General of the Department of Salary and
Social Insurance shall have the power to impose administrative penalties and
remedial measures for the administrative violations concerning labour, salary
and social insurance specified in Sections 2, 4 Chapter II and Chapter III of
this Decree within their competence prescribed in Clause 4 Article 61 of this
Decree and within the ambit of their assigned functions, duties and powers.
13. Heads of examination
teams established by the Minister of Home Affairs of Viet Nam shall have the
power to impose administrative penalties and remedial measures for the
administrative violations specified in Chapter II, Chapter III, and Chapter IV
of this Decree within their competence prescribed in Clause 3 Article 61 of
this Decree and within the ambit of their assigned functions, duties and powers.
14. Heads of examination
teams established by the Minister of Finance of Viet Nam shall have the power
to impose administrative penalties and remedial measures for the administrative
violations concerning social insurance and payment of unemployment insurance
contributions specified in Chapter III of this Decree within their competence
prescribed in Clause 3 Article 61 of this Decree and within the ambit of their
assigned functions, duties and powers.
15. Heads of examination
teams established by the Minister of Foreign Affairs of Viet Nam shall have the
power to impose administrative penalties and remedial measures for the
administrative violations in the field of labour specified in Article 14 of
this Decree within their competence prescribed in Clause 3 Article 61 of this
Decree and within the ambit of their assigned functions, duties and powers.
16. Heads of diplomatic
missions, consular missions, and other missions authorized to perform consular
duties of the Socialist Republic of Viet Nam in foreign countries shall have
the power to impose administrative penalties and remedial measures for the
administrative violations in the field of labour specified in Point c Clause 9
Article 49; Point c Clause 8 Article 50; Point c Clause 7 Article 51; Point c
Clause 6 Article 52; Clause 2 Article 53; and Point c Clause 3 Article 53 of
this Decree, within their competence prescribed in Article 62 of this Decree
and within the ambit of their assigned functions, duties and powers.
Section
2. IMPLEMENTATION OF ADMINISTRATIVE PENALTIES AND REMEDIAL MEASURES
Article
64. Implementation of administrative penalties
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2. When imposing penalties
for the administrative violations specified at Points a, b, c, e, and h Clause
5; Clause 6; Points a, b, dd, e, g, and h Clause 9; and Points a, b, and c
Clause 10 Article 49 of this Decree, the person issuing the penalty imposition
decision shall send one copy of the issued decision to the Minister of Home
Affairs.
3. For a worker incurring
a fine while abroad, the fine may be paid at the diplomatic mission or consular
mission of Viet Nam in the country where the fine is imposed.
4. Fines shall be paid in
Vietnamese Dong (VND). Where a fine is paid in a foreign currency, it shall be
converted into VND at the exchange rate quoted by a commercial bank at the time
the penalty is imposed.
Article
65. Implementation of remedial measures
1. The implementation of
the remedial measures prescribed in this Decree shall comply with provisions of
the Law on Handling of Administrative Violations and its implementing documents.
2. Procedures for
implementing the remedial measure that is enforced return of licenses,
certificates, or qualification certificates:
a) Persons competent to
issue decisions and violating entities shall be responsible for implementing
the remedial measure that is enforced return of the license, certificate, or
qualification certificate in accordance with Clauses 1, 2, 3, and 4 Article 85
of the Law on Handling of Administrative Violations.
b) The person competent to
issue the decision on imposition of the remedial measure as prescribed in Point
a of this Clause shall send a written notice, accompanied with the penalty
decision and the license, certificate, or qualification certificate required to
be returned, to the competent authority or person that issued such license,
certificate, or qualification certificate;
c) Where a license,
certificate, or qualification certificate is issued in electronic form or
presented in the form of a data message, the competent authority or person
shall enforce the return of such license, certificate, or qualification
certificate through the electronic environment in accordance with applicable
regulations, provided that the required infrastructure, technical, and
information conditions are met. The return of the license, certificate, or
qualification certificate shall be recorded by updating its status in the
relevant database or electronic identification, or electronic identification
account, in accordance with applicable regulations.
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IMPLEMENTATION
Article
66. Effect
1. This Decree comes into
force from September 10, 2026.
2. Provisions on authority
to impose administrative penalties of the Director General of the Department of
Salary and Social Insurance in clause 2 Article 61 and clause 11 Article 63 of
this Decree shall come into force from the date of entry into force of the
Decree providing amendments to the Government's Decree No. 189/2025/ND-CP dated
July 01, 2025.
3. Provisions of Points e,
g, and h Clause 2 Article 7 and Article 14 this Decree shall come into force
from the date of entry into force of the Decree on the recruitment and
management of Vietnamese employees working for foreign organizations and
individuals in Viet Nam (amending the Decree No. 152/2020/ND-CP dated December
30, 2020, as amended by Decree No. 70/2023/ND-CP).
4. The Government’s Decree
No. 12/2022/ND-CP dated January 17, 2022 prescribing penalties for
administrative violations of regulations on labour, social insurance, and
Vietnamese guest workers, shall cease to have effect from the effective date of
this Decree.
Article
67. Transition
1. Administrative
violations in the field of labour, social insurance, or Vietnamese guest
workers which were committed and completed before the effective date of this
Decree, but are detected or are put under consideration or resolution when this
Decree takes effect, shall be handled in accordance with provisions of the
relevant Government’s Decree(s) prescribing penalties for administrative
violations and legislative documents in force at the time the violation was
committed.
2. Administrative
violations in the field of labour, social insurance, or Vietnamese guest
workers which were committed before the effective date of this Decree but are
still ongoing when this Decree takes effect shall be handled in accordance with
provisions of this Decree.
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Article
68. Responsibility for guidance and implementation
1. The Minister of Home
Affairs of Viet Nam shall provide guidance on the implementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, and Chairpersons of People’s Committees of
provinces or centrally-governed cities shall be responsible for the
implementation of this Decree.
ON BEHALF OF THE GOVERNMENT PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Thi Thanh Tra