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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 12/2022/ND-CP
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Hanoi, January 17, 2022
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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
dated June 19, 2015; the Law on amendments to the Law on Government
Organization and the Law on Organization of Local Governments dated November
22, 2019;
Pursuant to the Law on penalties for
administrative violations dated June 20, 2012, and the Law on amendments to the
Law on penalties for administrative violations dated November 13, 2020;
Pursuant to the Labour Code dated November 20,
2019;
Pursuant to the Law on employment dated November
16, 2013;
Pursuant to the Law on Occupational Safety and
Health dated June 25, 2015;
Pursuant to the Law on Trade Union dated June
20, 2012;
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Pursuant to the Law on Vietnamese Guest Workers
dated November 13, 2020;
At the request of the Minister of Labour, War
Invalids and Social Affairs;
The Government 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 violations, penalties, fines, remedial measures, entities incurring
penalties, the power to impose penalties, the power to make records of
administrative violations, procedures for imposing penalties, and enforcement
of penalties and remedial measures against violations in the fields of labour,
social insurance, and Vietnamese guest workers.
Article
2. Regulated entities
1. Employers,
employees or workers, and other organizations and individuals (hereinafter
referred to as “entities”) involved in administrative violations against
regulations on labour, social insurance, and Vietnamese guest workers as
prescribed in this Decree.
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3. Other authorities
and entities involved in the imposition and enforcement of penalties and
remedial measures as prescribed in this Decree.
Article
3. Penalties
1. Any entities that
commit administrative violations against regulations on labour, social
insurance and Vietnamese guest workers shall incur the primary penalty which is
either a warning or a fine.
2. Depending on the
nature and severity of each violation, the violating entity shall also incur
one or some of the following additional penalties:
a) Suspension of the
labour outsourcing license for a fixed period of 06 - 12 months;
b) Confiscation of
the exhibits and instrumentalities for committing administrative violations,
which are forged licenses, certificates or certifications;
c) Suspension of
training in occupational safety and health for a fixed period of 01 - 03 months;
d) Suspension of
occupational safety inspection services for a fixed period of 01 - 03 months;
dd) Suspension of
workplace environmental monitoring services for a fixed period of 03 - 06
months;
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g) Suspension of
workforce preparation services for a fixed period of 06 - 12 months or 12 - 24
months;
h) Suspension of
worker recruitment services for a fixed period of 06 - 12 months;
i) Suspension of the
execution of labour supply contract for a fixed period of 01 - 03 months;
k) Suspension of the
activities specified in Clauses 1 through 4 Article 9 of the Law on Vietnamese
guest workers for a fixed period of 06 - 12 months;
l) Suspension of
provision of Vietnamese guest workers as domestic workers for a fixed period of
06 - 12 months;
m) Suspension of
occupational safety and health assessment services for a fixed period of 01 -
03 months;
n) Expulsion of
foreign employees working in Vietnam.
Article
4. Remedial measures
In addition to the
penalties prescribed in Article 3 of this Decree, the violating entity may be
liable to one or some of the following remedial measures:
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2. Enforced return
of the amount of money received or illegally received from employees.
3. Enforced
conclusion of employment contracts or written employment contracts with employees;
enforced conclusion of written employment contracts with domestic workers;
enforced conclusion of written employment contract with the authorized
representative of the group of employees; enforced conclusion of employment
contracts of the prescribed type with employees.
4. Enforced return
of original personal identity papers, diplomas and certificates, which the
employer has kept, to employees.
5. Enforced return
of personal identity papers to domestic workers.
6. Enforced return
of money plus the interest on such money or property, which has been kept by
the employer, to employees.
7. Enforced payment
of salary to employees, trainees and apprentices; or enforced payment of full
salary to employees.
8. Enforced payment
of full salary plus interest on late payment or insufficient payment of salary
to employees.
9. Enforced payment
of full salary to employees during the period of suspension of their work.
10. Enforced payment
of salary to employees during the temporary closure of their workplace.
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12. Enforced payment
of salary to the female employee for the prescribed period of breaks that she
was not allowed to take during her menstruation period or while nursing a child
under 12 months of age.
13. Enforced payment
of full travel expenses for the employee who is a domestic worker.
14. Enforced payment
of the full amount of social insurance and health insurance premiums for the
employee who is a domestic worker.
15. Enforced
reinstatement of employees who return to work.
16. Enforced
reinstatement of employees or strike leaders when terminating employment
contracts signed with such employees or strike leaders, and enforced payment of
full salary to employees during the period of termination of their employment
contracts.
17. Enforced
reinstatement of employees who return to work and payment of salary, social
insurance and health insurance premiums in full to employees for the period
during which they were not allowed to work.
18. Enforced
assignment of the employee to the work or workplace as agreed in the signed
employment contract.
19. Enforced
extension of the employment contract signed with the employee who is a member
of the management board of the internal representative organization of
employees until the end of his/her term of office.
20. Enforced
completion of procedures for verification and return of other documents to
employees.
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22. Enforced
provision of other guarantees to members of the management board of the
internal representative organization of employees in accordance with
regulations of law.
23. Enforced payment
of severance allowance or redundancy allowance in full, plus the interest on
such amounts of money, to employees.
24. Enforced return
of training fees received from trainees or apprentices that will then work for
the employer.
25. Enforced payment
of an amount of money equal to the employee’s salary as agreed in the
employment contract for the remaining notice period from the termination date.
26. Enforced payment
of the full amount of money equal to the compulsory social insurance,
compulsory health insurance and unemployment insurance premiums, plus the
interest on such amount, to the employee.
27. Enforced
issuance of public apology to the employee and payment of full treatment costs
and salary to the employee during his/her treatment period if the employee is
physically harmed to the extent that he/she must receive treatment at health
facilities.
28. Enforced payment
of allowances or benefits in kind converted into cash at the prescribed rate to
employees.
29. Enforced making
of co-payments and payment of other expenses which are not covered by the
health insurance fund for the employee who holds a valid health insurance
policy and suffers from occupational accidents or diseases.
30. Enforced payment
of all costs of medical services ranging from first aid, emergency care to
stable treatment for the employee who does not have a valid health insurance
policy and is suffering from occupational accidents or diseases.
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32. Enforced payment
of allowances or compensations, plus interest on such amounts, to employees.
33. Enforced payment
of salary differentials to employees.
34. Enforced return
of workplace environmental monitoring service charges, plus the interest on
such charges, to the employer using workplace environmental monitoring
services.
35. Enforced
cancellation of occupational safety and health training results.
36. Enforced
cancellation of inspection results and return of inspection service charge plus
the interest on such charge.
37. Enforced
cancellation of workplace environmental monitoring results.
38. Enforced
cancellation of the decision to take disciplinary actions or reassign employees
or strike leaders to other work or workplace location and payment of full
salary to employees during the period for which their employment contracts are
terminated.
39. Enforced payment
of trade union dues that are overdue, partially paid or unpaid, plus the
interest on such amounts.
40. Enforced
transfer of illegal profits obtained from labour outsourcing activities to
state budget.
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42. Enforced payment
of amounts payable of compulsory social insurance and unemployment insurance
premiums to social insurance authorities.
43. Enforced payment
of the amount of interest charged on insurance premiums accrued due to late
payment, non-payment, evasion of payment or appropriation of payments, which is
calculated by using the interest rate that is 02 times higher than the average
interest rate of investment made by the social insurance fund in the previous
year. If not doing so, at the request of competent persons, banks, other credit
institutions or state treasuries shall withdraw money from the violating
employer’s deposit accounts to pay deferred amounts or outstanding amounts of
insurance premiums plus the interest on such amounts.
44. Enforced return
of the received amounts of social insurance benefits, unemployment benefits, or
financial support for provision of training or retraining for improving
occupational skills for employees to social insurance authorities.
45. Enforced payment
of convalescence or functional rehabilitation benefits to employees suffering
from occupational accidents or diseases.
46. Enforced return
of compulsory social insurance benefits appropriated from employees and payment
of interests on such amounts to employees.
47. Enforced
transfer of illegally obtained profits to social insurance authorities.
48. Enforced
provision of the full duration of vocational training courses that employees
participating in unemployment insurance have enrolled.
49. Enforced
provision of training or retraining for improving occupational skills according
to the plan approved by competent authorities, except cases where such training
or retraining activities have been completed.
50. Enforced
transfer of the unused financial support for training or retraining for
improving occupational skills, compared to the plan approved by competent
authorities.
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52. Enforced
updating of information about employees on the database on Vietnamese guest
workers.
53. Enforced
transfer of full amount of contributions made by workers to the Overseas
Employment Support Fund and payment of the interest on such amount, which is
calculated at the highest rate of the demand deposit interest rates publicly
quoted by state-owned commercial banks on the date of penalty imposition, to
the Overseas Employment Support Fund.
54. Enforced payment
of total amount payable plus the interest on this amount, which is calculated
at the highest rate of the demand deposit interest rates publicly quoted by
state-owned commercial banks on the date of penalty imposition, to the Overseas
Employment Support Fund.
55. Enforced payment
of compensation to employees for damage caused by the enterprise or its branch.
56. Enforced return
of amounts of money illegally collected from employees and payment of the
interest on such amounts to employees.
57. Enforced return
of full service charges to employees and payment of the interest on such
amounts to employees.
58. Enforced
repatriation of workers or payment of repatriation costs to workers.
59. Enforced payment
of costs of transporting remains of workers who have died while working abroad
to Vietnam.
60. Enforced return
of amounts of money illegally collected from workers plus the interest on such amounts
to workers.
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62. Enforced return
of licenses, certifications or certificates to relevant licensing or issuing
authorities.
Article
5. Prescriptive periods of administrative violations
1. The prescriptive
periods of administrative violations against regulations on labour, social
insurance, and Vietnamese guest workers shall comply with the provisions of
Clause 1 Article 6of the Law on penalties for administrative violations.
2. Determination of
whether an administrative violation has been completed or is ongoing serving
the calculation of the prescriptive period of that violation shall comply with
the provision of Clause 1 Article 8 of the Government’s Decree No.
118/2021/ND-CP dated December 23, 2021.
Article
6. Fines, power to impose penalties, and rules for imposing penalties for
repeated violations
1. The fines for
administrative violations prescribed in Chapter II, Chapter III and Chapter IV
of this Decree shall be imposed upon violating individuals, except the fines in
Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25,
Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause
5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43,
Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The
fine imposed upon an organization is twice as much as that imposed upon an
individual for committing the same administrative violation.
2. The penalties
imposed by the officials competent to impose penalties as prescribed in Chapter
V of this Decree are incurred by violating individuals; an official competent
to impose penalties shall have the right to impose a fine which is twice
as much as that imposed upon an individual upon an organization for committing
the same administrative violation.
3. The violating
organization that incurs a fine which is twice as much as that imposed upon a
violating individual as prescribed in this Decree includes:
a) Regulatory
authorities committing violations, except for cases related to their assigned
state management tasks;
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c) Co-operatives or
cooperative unions;
d) Public service
providers;
dd) Political
organizations, socio-political organizations, socio-political-professional
organizations, social organizations, socio-professional organizations, business
entities or people’s armed forces;
e) Resident offices
in Vietnam of foreign press agencies, or representative offices in Vietnam of
foreign publishing firms or foreign publication distribution organizations;
g) Representative
offices of international organizations or intergovernmental organizations,
except for cases of exemption from administrative penalties under treaties to
which Vietnam is a signatory;
h) Non-governmental
organizations;
i) Not-for-profit
representative offices in Vietnam of foreign economic, commercial, financial,
banking, insurance, scientific - technical, cultural, educational, medical and
legal counseling organizations;
k) Educational
institutions, vocational education establishments, health facilities and
sociocultural establishments.
4. The repeat of a
violation shall be taken into account as an aggravating factor when considering
imposing penalties for that violation.
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ACTS OF
VIOLATION, PENALTIES AND REMEDIAL MEASURES AGAINST VIOLATIONS IN LABOUR SECTOR
Article
7. Violations against regulations on employment services
1. A fine ranging
from VND 500.000 to VND 1.000.000 shall be imposed on an employment agency for commission
of one of the following violations:
a) Notifying its
provision of employment services in breach of laws;
b) Failing to
publicly post the certified true copy of the original of its license or license
revocation decision at its head office;
c) Failing to
monitor the employment status of employees that it has introduced or supplied
for a minimum period of at least 03 months or during the validity period of
employment contracts (in case of under-three-month employment contracts).
2. A fine ranging from
VND 1.000.000 to VND 3.000.000 shall be imposed on an employment agency for
commission of one of the following violations:
a) Failing to submit
reports on its provision of employment services as prescribed;
b) Failing to have,
update or manage data on employees registering for job counseling and
introduction and employers registering for recruitment of workers; or failing
to connect or share these data as required by competent authorities;
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3. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed on an employment agency
for providing false or misleading information about job positions.
4. A fine ranging
from VND 45.000.000 to VND 60.000.000 shall be imposed upon any entity engaged
in employment services that does not have a duly established employment service
center or does not possess an employment agency license issued by a competent
authority, or uses an expired employment agency license.
5. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed on an employment agency
for commission of one of the following violations:
a) Letting another
enterprise or entity use its employment agency license;
b) Altering or
falsifying any documents included in the application for issuance, renewal or
re-issuance of employment agency license if not liable to criminal prosecution;
c) Altering or
falsifying the issued employment agency license if not liable to criminal
prosecution;
d) Forging any
documents included in the application for issuance, renewal or re-issuance of
employment agency license if not liable to criminal prosecution;
dd) Forging the
employment agency license if not liable to criminal prosecution;
e) Failing to
satisfy one of the licensing requirements set out in laws.
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7. Additional
penalties:
The exhibits and
instrumentalities for committing the violation in Point dd Clause 5 or Clause 6
of this Article, which are forged employment agency licenses, shall be
confiscated.
8. Remedial
measures:
a) The violating
entity is compelled to return the amounts of employment service charges
collected plus the interest on such amounts which is calculated at the highest
rate of the demand deposit interest rates publicly quoted by state-owned
commercial banks on the date of imposition of penalties for the violation
specified in Clause 4 of this Article;
b) The employment
agency that commits the violation specified in Point c Clause 5 of this Article
is compelled to return the employment agency license to the licensing
authority.
Article
8. Violations against regulations on recruitment and employee management
1. A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Failing to
declare the hiring and placement of employees as prescribed;
b) Charging job candidates;
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d) Failing to
present the employee management book at the request of competent authorities.
2. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Practicing labour
discrimination, except acts of discrimination specified in Point d Clause 1
Article 13, Clause 2 Article 23, Clause 1 Article 36 and Clause 2 Article 37 of
this Decree;
b) Employing
untrained people or people without occupational training certificates to do the
jobs or works that have to be done by trained workers or holders of
occupational training certificates;
c) Failing to submit
reports on changes in number of employees as prescribed;
d) Failing to make
employee management book or failing to make employee management book on
schedule, or failing to include basic contents as prescribed by law in the employee
management book.
3. A fine ranging
from VND 50.000.000 to VND 75.000.000 shall be imposed for persuading,
inciting, promising, advertising or otherwise tricking employees into
exploitation of labour or forced labour, if not liable to criminal prosecution.
4. Remedial
measures:
The employer that
commits the violation in Point b Clause 1 of this Article is compelled to
return collected amounts to employees.
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1. The following
fines shall be imposed upon an employer for commission of one of the following
violations: failing to enter into written employment contracts with employees
who do jobs with a term of full 01 month or longer; failing to enter into a
written employment contract with the authorized representative of the group of
employees aged 18 or older to do seasonal works or certain jobs with a term of
less than 12 months as prescribed in Clause 2 Article 18 of the Labour Code;
failing to enter into the right type of employment contract with employees;
entering into employment contracts that do not contain primary information as
prescribed by law:
a) A fine ranging
from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves
01 - 10 employees;
b) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
11 - 50 employees;
c) A fine ranging
from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation
involves 51 - 100 employees;
d) A fine ranging
from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation
involves 101 - 300 employees;
dd) A fine ranging
from VND 20.000.000 to VND 25.000.000 shall be imposed if the violation
involves 301 employees or more.
2. A fine ranging
from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Keeping original
copies of personal identity papers, diplomas or certificates of employees when
concluding or performing employment contracts;
b) Forcing employees
to make deposits in cash or property as security for their performance of
employment contracts;
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3. Remedial measures
a) The employer is
compelled to enter into written employment contracts when failing to enter into
written employment contracts with employees who do jobs with a term of full 01
month or longer as specified in Clause 1 of this Article.
b) The employer is
compelled to enter into a written employment contract with the authorized
representative of the group of employees to do seasonal works or certain jobs
with a term of less than 12 months when failing to enter into a written
employment contract with the authorized representative of the group of
employees aged 18 or older to do seasonal works or certain jobs with a term of
less than 12 months as prescribed in Clause 2 Article 18 of the Labour Code as
specified in Clause 1 of this Article;
c) The employer is
compelled to enter into the right type of employment contract with employees
when failing to enter into the right type of employment contract with employees
as specified in Clause 1 of this Article;
d) The employer that
commits the violation specified in Point a Clause 2 of this Article is
compelled to return original copies of personal identity papers, diplomas and
certificates to employees;
dd) The employer
that commits the violation specified in Point b Clause 2 of this Article is
compelled to return the amounts of money or property, that the employer has
kept as security, and pay the interest on such amounts, which is calculated at
the highest rate of the demand deposit interest rates publicly quoted by
state-owned commercial banks on the date of penalty imposition, to employees.
Article
10. Violations against regulations on probation
1. A fine ranging
from VND 500.000 to VND 1.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Requesting employees
who work under employment contracts with a term of less than 01 month to
undergo probation;
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2. A fine ranging
from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Requesting an
employee to undergo more than 01 probationary period for a job;
b) Having employees
take probation for a period longer than prescribed;
c) Paying
probationary salary at the rate lower than 85% of the offered salary;
d) Failing to
conclude the employment contract with the employee whose probation result is
satisfactory in case a probation contract has been concluded.
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 full salary to affected employees;
b) The employer that
commits the violation specified in Point d Clause 2 of this Article is
compelled to conclude employment contracts with affected employees.
Article
11. Violations against regulations on performance of employment contracts
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2. A fine ranging
from VND 3.000.000 to VND 7.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Placing employees
in jobs at places other than the ones agreed in employment contracts, except
for the cases specified in Article 29 in the Labour Code;
b) Failing to
reinstate the employee who returns to work after the suspension period of the
employment contract if it is still unexpired, unless otherwise agreed by the
employer and the employee or prescribed by law;
c) Reassigning
employees to perform works which are not specified in their employment
contracts for improper reasons or for incorrect periods, or without written
consent from employees as prescribed by law.
3. A fine ranging
from VND 15.000.000 to VND 30.000.000 shall be imposed for committing acts of
sexual harassment in the workplace if not liable to criminal prosecution.
4. A fine ranging
from VND 50.000.000 to VND 75.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Coercing or
maltreating employees if not liable to criminal prosecution.
b) Forcing the
employee to keep performing the employment contract to pay debt to the
employer.
5. Remedial measures
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b) The employer that
commits the violation specified in Point b Clause 2 of this Article is
compelled to reinstate the employee who returns to work after the suspension
period of the employment contract, unless otherwise agreed by both parties or
prescribed by law, and pay salary to the employee for the period during which
the employee was not allowed to work after the suspension period of the
employment contract;
c) The employer that
commits the violation specified in Point c Clause 2 of this Article is
compelled to assign employees to perform works agreed in their employment
contracts.
Article
12. Violations against regulations on modification, revision and termination of
employment contracts
1. A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed upon an employer for
failing to give written notifications to employees of the termination of their
employment contracts which is made in accordance with regulations of the Labour
Code, except for the cases specified in Clauses 4 through 8 Article 34 of the
Labour Code.
2. The following
fines shall be imposed upon an employer for commission of one of the following
violations: Changing the term of an employment contract using its annex;
failing to comply with regulations on time limits for settling all payments in
respect of the rights and interests of employees when terminating the
employment contracts; failing to pay or insufficiently paying severance
allowances to employees in accordance with regulations of law; failing to pay
or insufficiently paying redundancy allowances to employees in accordance with
regulations of law; failing to make or insufficiently making the prescribed
payments to employees when unilaterally terminating their employment contracts
in breach of law; failing to complete procedures for certification of duration
of participation in social insurance and unemployment insurance, and return the
certification and original copies of other documents to employees after
terminating their employment contracts in accordance with regulations of law;
failing to provide copies of the documents relevant to the employee’s working
period if requested by the employee after terminating his/her employment
contract:
a) A fine ranging
from VND 1.000.000 to VND 2.000.000 shall be imposed if the violation involves
01 - 10 employees;
b) A fine ranging
from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves
11 - 50 employees;
c) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
51 - 100 employees;
d) A fine ranging
from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation
involves 101 - 300 employees;
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3. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Dismissing
employees due to changes in organizational structure, technology, or economic
reasons in one of the following circumstances: failing to discuss with the
internal representative organization of employees (if any), or failing to give a
prior notice of at least 30 days to the Provincial People’s Committee or the
employee;
b) In case of
changes in organizational structure, technology, or changes due to economic
reasons; full division, partial division, consolidation, merger of the enterprise;
sale, lease, conversion of the enterprise; transfer of the right to ownership
or right to enjoyment of assets of the enterprise or cooperative, committing
one of the following violations: failing to develop an employee placement plan;
developing an employee placement plan that does not have adequate primary
contents as prescribed by law or fail to discuss with the internal
representative organization of employees (if available) during the development
of the employee placement plan;
c) Failing to take opinions
given by the internal representative organization of employees (if available)
into consideration when adopting the rules for assessment of employees'
fulfillment of duties.
4. Remedial measures
a) The employer is compelled
to make full payments of severance allowances or redundancy allowances plus the
interest on such amounts, which is calculated at the highest rate of the demand
deposit interest rates publicly quoted by state-owned commercial banks on the
date of penalty imposition, to employees in case of failing to pay or
insufficiently paying severance or redundancy allowance as specified in Clause
2 of this Article;
b) The employer is
compelled to complete procedures for certification and return documents, which
have been kept by the employer, to employees in case of failing to complete
procedures for certification of duration of participation in social insurance
and unemployment insurance, and return the certification and original copies of
other documents to employees after terminating their employment contracts in
accordance with regulations of law as specified in Clause 2 of this Article;
c) The employer is
compelled to pay an amount of money equal to the employee’s salary as agreed in
the employment contract for the remaining notice period from the termination
date in case of failing to comply with regulations on notice period as
specified in Point a Clause 3 of this Article.
Article
13. Violations against regulations on labour outsourcing
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to inform
or guide outsourced workers to understand its internal labour regulations,
dangerous or harmful elements, occupational safety and health measures or other
regulations;
b) Failing to
organize training in occupational safety and health for outsourced workers in
accordance with regulations of law;
c) Failing to
provide first aid or emergency care to outsourced workers suffering from
occupational accidents; failing to report or investigate occupational accidents
or technical incidents threatening occupational safety and health suffered by
outsourced workers in accordance with regulations of law;
d) Discriminating
between the outsourced workers and its directly hired employees in respect of
the working conditions.
2. A fine ranging
from VND 40.000.000 to VND 50.000.000 shall be imposed upon a client enterprise
for commission of one of the following violations:
a) Using outsourced
workers to perform works which are not included in the list of permissible
outsourced jobs;
b) Using outsourced
workers supplied by an enterprise that fails to possess a labour outsourcing
license or uses an expired labour outsourcing license;
c) Using outsourced
workers to replace other employees during a strike or settlement of labour
disputes;
d) Using outsourced
workers to replace employees who are dismissed due to changes in organizational
structure or technology, economic reasons, full division, partial division,
consolidation or merger of the enterprise;
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e) Using outsourced
workers without entering into an agreement with the outsourcing enterprise on
responsibility to make compensation for outsourced workers suffering from
occupational accidents or diseases;
g) Using outsourced
workers in cases other than the following cases: the employment is necessary
for the sharp increase in labor demand over a limited period of time; the
outsourced worker is meant to replace another employee who is taking maternal
leave, or suffers from an occupational accident or occupational disease or has
to fulfill his/her citizen’s duties; the work requires highly skilled workers.
3. A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed upon an outsourcing
enterprise for commission of one of the following violations:
a) Failing to keep
records of the number of outsourced workers and client enterprises;
b) Failing to submit
reports on its provision of outsourcing services in accordance with regulations
of law;
c) Failing to
publicly post the original of the labour outsourcing license at its head office
and the certified true copies of the original of such license at its branches
and representative offices (if any);
d) Failing to send
the certified true copy of its labour outsourcing license to the Department of
Labour, War Invalids and Social Affairs of province or city where it provides
outsourcing services;
dd) Failing to
cooperate with the client enterprise in investigating the occupational accident
which causes serious injuries to an outsourced worker in accordance with
regulations of law;
e) Failing to inform
outsourced workers of occupational safety and health-related contents included
in the labour outsourcing contract;
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4. The following
fines shall be imposed upon an outsourcing enterprise for commission of one of
the following violations: paying the outsourced worker a salary that is lower
than that of a directly hired employee of the client enterprise who has equal
qualifications and performs the same or equal work; failing to pay benefits to
outsourced workers who are victims of occupational accidents or diseases in
accordance with regulations of law; failing to inform or untruthfully informing
outsourced workers of the contents of the labour outsourcing contract:
a) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves 01 - 10 employees;
b) A fine ranging from
VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves 11
- 50 employees;
c) A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation
involves 51 - 100 employees;
d) A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed if the violation
involves 101 - 300 employees;
dd) A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed if the violation
involves 301 employees or more.
5. A fine ranging
from VND 50.000.000 to VND 75.000.000 shall be imposed for commission of one of
the following violations:
a) Providing
outsourcing services without obtaining a labour outsourcing license;
b) Using an expired
labour outsourcing license for providing labour outsourcing services.
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a) Letting other
enterprises or entities use its labour outsourcing license to provide labor
outsourcing services;
b) Providing
outsourced workers to perform works which are not included in the list of
permissible outsourced jobs;
c) Providing an
outsourced worker for a duration exceeding 12 months;
d) Altering or
falsifying any documents included in the application for issuance, renewal or
re-issuance of the labour outsourcing license if not liable to criminal
prosecution;
dd) Altering or
falsifying the issued labour outsourcing license if not liable to criminal
prosecution;
e) Forging the
labour outsourcing license if not liable to criminal prosecution;
g) Forging any
documents included in the application for issuance, renewal or re-issuance of
the labour outsourcing license if not liable to criminal prosecution;
h) Failing to
satisfy one of the licensing requirements set out in laws.
7. A fine ranging
from VND 40.000.000 to VND 50.000.000 shall be imposed for forging the labour
outsourcing license if not liable to criminal prosecution.
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a) The labour outsourcing
license shall be suspended for a fixed period of 06 - 12 months if the
violation in Point c Clause 6 of this Article is committed;
b) The exhibits and
instrumentalities for committing the violation in Point e Clause 6 or Clause 7
of this Article, which are forged labour outsourcing licenses, shall be
confiscated.
9. Remedial measures
a) The outsourcing
enterprise is compelled to pay salary differentials to outsourced workers in
case of paying the outsourced worker a salary that is lower than that of a
directly hired employee of the client enterprise who has equal qualifications
and performs the same or equal work as specified in Clause 4 of this Article;
b) The entity that
commits the violation in Clause 5 of this Article is compelled to transfer
profits illegally obtained from labour outsourcing activities to state budget;
c) The outsourcing
enterprise that commits the violation in Point dd Clause 6 of this Article is
compelled to return the labour outsourcing license to the licensing authority.
Article
14. Violations against regulations on training and retraining for improving
occupational skills
1. The following
fines shall be imposed upon an employer for commission of one of the following
violations: failing to provide training for employees before reassigning them;
failing to have an occupational training contract which contains the basic
contents prescribed in Clause 2 Article 62 of the Labour Code; charging
trainees or apprentices who will then work for the employer; failing to enter
into traineeship or apprenticeship contracts with trainees or apprentices who
will then work for the employer that is not required to register occupational
training activities as prescribed in Clause 3 Article 61 of the Labour Code;
failing to pay salary to trainees or apprentices who directly perform or
participate in performance of the work; failing to enter into employment
contracts with trainees or apprentices who satisfy the conditions set out in
the Labour Code upon the expiry of their traineeship or apprenticeship period:
a) A fine ranging
from VND 500.000 to VND 2.000.000 shall be imposed if the violation involves 01
- 10 employees;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
51 - 100 employees;
d) A fine ranging
from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation
involves 101 - 300 employees;
dd) A fine ranging from
VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves 301
employees or more.
2. A fine ranging
from VND 50.000.000 to VND 75.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Taking advantage
of occupational training or apprenticeship to profiteer, or exploit the
trainees or apprentices, or persuade or force them to act against the law;
b) Recruiting people
under 14 years old to apprenticeship or job training, except for occupations and
jobs permitted by law;
c) Recruiting
apprentices for a duration of apprenticeship exceeding 03 months.
3. Remedial measures
a) The employer is
compelled to return training fees collected from trainees or apprentices in
case of charging trainees or apprentices who will then work for the employer as
specified in Clause 1 of this Article;
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b) The employer is
compelled to transfer profits illegally obtained from the violation specified
in Point a Clause 2 of this Article to state budget.
Article
15. Violations against regulations on dialogue at workplace
A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for
commission of one of the following violations:
1. Failing to
formulate, promulgate or revise the workplace democracy regulations in accordance
with regulations of law.
2. Failing to hold
periodic dialogue at the workplace; failing to hold a dialogue as requested;
failing to cooperate in holding employees‘ meetings in accordance with
regulations of law.
3. Failing to
publicly disclose main contents of the dialogue or the workplace democracy
regulations in accordance with regulations of law.
4. Failing to
arrange location, time and other material conditions necessary for holding the
dialogue at the workplace.
5. Failing to
appoint or appointing unqualified person(s) to act as the employer’s
representative(s) at the dialogue at the workplace.
6. Failing to submit
reports on holding of dialogue at the workplace and implementation of workplace
democracy regulations to competent labour authorities upon their request.
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1. A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Failing to send
the collective bargaining agreement to the labour authority affiliated to the
People's Committee of province where it is headquartered;
b) Failing to pay
costs of negotiation, conclusion, revision, submission and announcement of the
collective bargaining agreement;
c) Providing late or
inaccurate information on the business performance and other information
relevant to the collective bargaining issues as requested by the employees’
representative to serve the collective bargaining;
d) Failing to make
the concluded collective bargaining agreement publicly available to their
employees.
2. A fine ranging
from VND 3.000.000 to VND 5.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Failing to
provide information on the business performance and other information relevant
to the collective bargaining issues as requested by the employees’
representative to serve the collective bargaining;
b) Failing to
arrange time, location or other conditions necessary for holding the collective
bargaining meetings.
3. A fine ranging
from VND 10.000.000 to VND 15.000.000 shall be imposed upon an employer for
commission of one of the following violations:
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b) Implementing the
collective bargaining agreement which has been declared invalid;
c) Causing
difficulties to, obstructing or interfering with the survey conducted by the representative
organization of employees to collect employees’ opinions.
Article
17. Violations against regulations on salaries
1. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Failing to
publicly post the pay scale, payroll, labour productivity norms and bonus
regulations at the workplace;
b) Failing to
establish pay scale, payroll, or labour productivity norms; failing to
experiment labour productivity norms before they are officially introduced;
c) Failing to
consult with the internal representative organization of employees (if any)
during the establishment of the pay scale, payroll, labour productivity norms
and bonus regulations;
d) Failing to provide
salary notes to employees or providing salary notes to employees in breach of
law;
dd) Failing to pay
salaries fairly or discriminating against genders of employees who perform
equal works.
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a) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
01 - 10 employees;
b) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves 11 - 50 employees;
c) A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation
involves 51 - 100 employees;
d) A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation
involves 101 - 300 employees;
dd) A fine ranging
from VND 40.000.000 to VND 50.000.000 shall be imposed if the violation
involves 301 employees or more.
3. The following
fines shall be imposed upon an employer for paying their employees salaries
which are lower than the statutory minimum wages announced by the Government:
a) A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation
involves 01 - 10 employees;
b) A fine ranging
from VND 30.000.000 to VND 50.000.000 shall be imposed if the violation
involves 11 - 50 employees;
c) A fine ranging
from VND 50.000.000 to VND 75.000.000 shall be imposed if the violation
involves 51 employees or more.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine ranging
from VND 3.000.000 to VND 5.000.000 shall be imposed if the violation involves
01 - 10 employees;
b) A fine ranging
from VND 5.000.000 to VND 8.000.000 shall be imposed if the violation involves
11 - 50 employees;
c) A fine ranging
from VND 8.000.000 to VND 12.000.000 shall be imposed if the violation involves
51 - 100 employees;
d) A fine ranging
from VND 12.000.000 to VND 15.000.000 shall be imposed if the violation
involves 101 - 300 employees;
dd) A fine ranging
from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation
involves 301 employees or more.
5. Remedial measures
a) The employer that
commits the violation specified in Clause 2 or Clause 3 of this Article is
compelled to pay full salaries plus interests on late payments or insufficient
payments of salary, which are calculated at the highest rate of the demand
deposit interest rates publicly quoted by state-owned commercial banks on the
date of penalty imposition, to employees.
b) The employer that
commits the violation specified in Clause 4 of this Article is compelled to pay
full amounts of money equal to total sums of compulsory social insurance,
compulsory health insurance, and unemployment insurance premiums payable plus
interests on such amounts, which are calculated at the highest rate of the
demand deposit interest rates publicly quoted by state-owned commercial banks
on the date of penalty imposition, to employees.
Article
18. Violations against regulations on working hours and rest periods
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to grant personal
leave or unpaid leave to employees in accordance with regulations of law;
b) Failing to send a
written notification of organization of overtime working hours in excess of 200
hours to 300 hours in a year to the Department of Labour, War Invalids and
Social Affairs of the province where such overtime works are performed and of
the province where it is headquartered.
2. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for
committing violations against regulations on weekly breaks or annual leave or
public holidays.
3. A fine ranging
from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Applying normal
working hours exceeding the working hours prescribed by law;
b) Mobilizing
employees to work overtime without their consent, except for the cases
specified in Article 108 of the Labour Code.
4. The following
fines shall be imposed upon an employer for commission of one of the following
violations: failing to give rest breaks during working hours or breaks between
shifts to employees in accordance with regulations of law; mobilizing employees
to work overtime in excess of overtime hours prescribed by law:
a) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
01 - 10 employees;
b) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves 11 - 50 employees;
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d) A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation
involves 101 - 300 employees;
dd) A fine ranging
from VND 60.000.000 to VND 75.000.000 shall be imposed if the violation
involves 301 employees or more.
Article
19. Violations against regulations on labour discipline and material
responsibility
1. A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed upon an employer for
failing to make internal labour regulations publicly available to their
employees or failing to post the major contents of the internal labour
regulations at necessary sites at the workplace.
2. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for commission
of one of the following violations:
a) Failing to apply
written internal labour regulations when employing 10 employees or more;
b) Failing to follow
procedures for registration of internal labour regulations as prescribed by
law;
c) Failing to
consult with the internal representative organization of employees (if any)
before issuing or revising the internal labour regulations;
d) Applying the
internal labour regulations which have not been yet in effect or have become
null and void;
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e) Suspending
employees from work for a duration exceeding the maximum suspension period
prescribed by law;
g) Before suspending
employees from work, failing to consult with the internal representative
organization of employees to which the employee is a member.
3. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed upon an employer for commission
of one of the following violations:
a) Harming the
employee's health, life, honor or dignity when imposing disciplinary measures
in the workplace if not liable to criminal prosecution;
b) Applying monetary
fines or deducting the employee’s salary wage instead of disciplinary measures;
c) Imposing a
disciplinary measure against an employee for a violation which is not
stipulated in the internal labour regulations or employment contract or labour
laws;
d) Imposing more
than one disciplinary measure for one violation;
dd) Imposing
disciplinary measures against an employee during the period when he/she is
taking leave on account of illness or convalescence, or on other types of leave
with the employer’s consent; he/she is being held under temporary custody or
detention; he/she is waiting for verification and conclusion of the competent
authority for acts of violations specified in Clause 1 and Clause 2 Article 125
of the Labour Code.
4. Remedial measures
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b) The employer that
commits the violation in Point e or g Clause 2 of this Article is compelled to
pay full salaries to employees during the period they are suspended from work.
c) The employer that
commits the violation in Point a Clause 3 of this Article is compelled to issue
public apology to the employee and fully pay treatment costs and salary to the
employee during his/her treatment period if the employee is physically harmed
to the extent that he/she must receive treatment at health facilities.
d) The employer that
commits the violation in Point b Clause 3 of this Article is compelled to
return collected amounts or pay full salaries to employees.
Article
20. Violations against regulations on occupational safety and health (OSH)
1. A fine ranging
from VND 500.000 to VND 1.000.000 shall be imposed upon an employee for failing
to submit timely reports to responsible person when detecting any OSH risks
which may cause occupational accidents or occupational diseases.
2. A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed upon an employer for
failing to submit reports or lately submitting reports on OSH as prescribed by
law.
3. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for
commission of 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; failing to submit periodic reports or submitting
inadequate, inaccurate or late reports on serious technical incidents
threatening OSH in accordance with regulations of law.
Article
21. Violations against regulations on OSH measures
1. A fine ranging
from VND 500.000 to VND 1.000.000 shall be imposed upon an employer for failing
to make occupational health profile regarding hazards and prevention and
control of occupational diseases in accordance with regulations of law.
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a) Failing to
formulate, issue or organize implementation of plans, rules and regulations on
OSH at the workplace, or formulating them without consulting with the
grassroots trade union executive committees;
b) Failing to
establish department or assign person(s) to take charge of OSH tasks or
assigning unqualified person(s) to take charge of OSH tasks; failing to
establish department or assign person(s) to take charge of healthcare tasks or
failing to a healthcare service contract with a qualified health facility or
assigning unqualified person(s) to take charge of healthcare tasks;
c) Failing to run
adequate first aid and emergency care forces at the workplace as prescribed;
d) Failing to
provide training for first aid and emergency care forces at the workplace, or
providing such training courses which do not comply with regulations in force.
3. A fine ranging
from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Failing to carry
out periodic inspection and maintenance of machinery, equipment, factories or
other facilities as prescribed;
b) Failing to
provide equipment meeting OSH standards at the workplace as prescribed;
c) Failing to
develop and adopt workplace incident or emergency response plans;
d) Failing to
develop plans on implementation of OSH measures at workplace when building,
expanding or renovating construction structures and facilities used for
production, use, maintenance and storage of machines, equipment, supplies or
substances subject to strict OSH requirements;
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e) Failing to
provide adequate shower rooms and toilets at workplace as prescribed by law;
g) Failing to equip
technical and medical equipment to ensure response and first aid tasks to be
performed on time in case of serious technical incidents threatening OSH or
occupational accidents.
4. The following
fines shall be imposed upon an employer for failing to provide or
insufficiently providing personal protective equipment and healthcare policies
for workers performing arduous, hazardous or dangerous works or extremely
arduous, hazardous or dangerous works in accordance with regulations of law in
force:
a) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
01 - 10 employees;
b) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves 11 - 50 employees;
c) A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation
involves 51 - 100 employees;
d) A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation
involves 101 - 300 employees;
dd) A fine ranging from
VND 60.000.000 to VND 75.000.000 shall be imposed if the violation involves 301
employees or more.
5. A fine ranging
from VND 50.000.000 to VND 70.000.000 shall be imposed upon an employer for
failing to carry out working conditions-based assessment and classification of
employees performing arduous, hazardous or dangerous works or extremely
arduous, hazardous or dangerous works so as to provide benefits to them
according to Clause 3 Article 22 of the Law on occupational safety and health.
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1. A fine ranging
from VND 500.000 to VND 1.000.000 shall be imposed upon an employee for
commission of one of the following violations:
a) Failing to use the
provided personal protective equipment;
b) Failing to get
involved in responding to emergencies, incidents or accidents at work upon
receipt of orders from his/her employer or competent authorities.
2. A fine ranging
from VND 1.000.000 to VND 3.000.000 per employee but not exceeding VND
75.000.000 shall be imposed upon an employer for failing to provide regular
health check-ups or medical examination for detection of occupational diseases
for their employees.
3. A fine ranging
from VND 5.000.000 to VND 10.000.000 per employee but not exceeding VND
75.000.000 shall be imposed upon an employer for failing to provide health
check-ups for employees before they are reassigned to perform arduous,
hazardous or dangerous works or after they recover from occupational accidents
or diseases and return to work, except cases where the employee has undergone a
medical examination for assessment of work capacity reduction level given by an
authorized medical assessment council.
4. A fine ranging
from VND 10.000.000 to VND 15.000.000 per employee but not exceeding VND
75.000.000 shall be imposed upon an employer for commission of one of the
following violations:
a) Failing to
provide medical treatment, care and functional rehabilitation for employees
suffering occupational diseases or accidents;
b) Failing to assign
works suitable to health conditions of employees suffering from occupational
diseases or occupational accidents according to the conclusions given by the
medical assessment council.
5. A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed upon an employer for
commission of one of the following violations:
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b) Failing to
identify and assess hazards and harmful factors at the workplace;
c) Failing to
display warning or instruction signs, in Vietnamese language and another common
language of employees, of OSH requirements for machines, equipment, supplies
and substances subject to strict OSH requirements at easily visible and legible
sites at the workplace and the areas where they are stored, maintained or used.
6. A fine ranging
from VND 15.000.000 to VND 20.000.000 shall be imposed upon an employer for
failing to develop and implement plans for assessment of OSH risks to its
production and business facilities posing high risks of occupational accidents
or diseases.
7. A fine ranging
from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Failing to
promptly take remedial measures or stop operation of machines, equipment or
entire workplace posing potential risks of occupational accidents or diseases;
b) Failing to carry
out decontamination and disinfection measures for their employees working in
areas affected by contaminant or infectious agents;
c) Failing to
implement incident or emergency response measures when risks are detected or
any occupational accident or technical incident threatening OSH occurs at
workplace beyond their control.
8. The following
fines shall be imposed upon an employer for commission of one of the following
violations: Failing to provide or insufficiently providing personal protective
equipment, or providing such equipment that does not meet quality standards;
failing to grant allowances or benefits in kind or granting them at the rates
lower than the prescribed ones; paying money in lieu of allowances or benefits
in kind to employees working in contact with hazards or harmful factors:
a) A fine ranging
from VND 3.000.000 to VND 6.000.000 shall be imposed if the violation involves
01 - 10 employees;
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c) A fine ranging
from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation
involves 51 - 100 employees;
d) A fine ranging
from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation
involves 101 - 300 employees;
dd) A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation
involves 301 employees or more.
9. A fine ranging
from VND 25.000.000 to VND 40.000.000 shall be imposed upon an employer for
violating national technical regulations on OSH (except for the violations
specified in Clause 8 of this Article, and Article 24 of this Decree).
10. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Forcing their
employees to work inconsistently with law when there is any risk of
occupational accident likely to seriously endanger their health or life;
b) Forcing their
employees to not to leave their workplace inconsistently with law when there is
any risk of occupational accident likely to seriously endanger their health or
life;
c) Forcing their
employees to keep working inconsistently with law when such risks of
occupational accident likely to seriously endanger their health or life have
not been controlled.
11. Remedial
measures
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Article
23. Violations against regulations on responsibility of employer to employees
suffering from occupational accidents or occupational diseases
1. A fine ranging
from VND 2.000.000 to VND 4.000.000 per employee but not exceeding VND
75.000.000 shall be imposed upon an employer for commission of one of the
following violations:
a) Failing to
provide first aid or emergency care t employees suffering from occupational
accidents;
b) Failing to make
co-payments or other expenses which are not covered by the health insurance
fund for the employee who holds valid health insurance policy and suffers from
occupational accidents or diseases;
c) Failing to make
advance payments of costs of first aid or emergency care or failing to pay all
costs of medical services ranging from first aid, emergency care to stable
treatment for the employee who does not have a valid health insurance policy
and is suffering from occupational accidents or diseases;
d) Failing to
recommend employees suffering from occupational accidents or diseases for
medical assessment, determination of the level of work capacity reduction,
treatment or functional rehabilitation in accordance with regulations of law;
dd) Failing to pay
costs of medical examination for assessment of work capacity reduction levels
which must be payable by the employer in accordance with regulations of law;
e) Failing to pay or
insufficiently or lately paying compensation or allowances to employees
suffering from occupational accidents or diseases in accordance with
regulations of law.
2. The following
fines shall be imposed upon an employer for commission of one of the following
violations: Discriminating against the employee who refuses to work or abandons
his/her workplace when he/she clearly sees a risk of an occupational accident
seriously threatening his/her life or health; discriminating against persons in
charge of OSH tasks, OSH officers or persons in charge of healthcare tasks on
the grounds that they have performed OSH tasks at the workplace:
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b) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves 11 - 50 employees;
c) A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation
involves 51 - 100 employees;
d) A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation
involves 101 - 300 employees;
dd) A fine ranging
from VND 40.000.000 to VND 50.000.000 shall be imposed if the violation
involves 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 make co-payments and pay other expenses which are not covered by
the health insurance fund for the employee who holds a valid health insurance
policy and suffers from occupational accidents or diseases;
b) The employer that
commits the violation specified in Point c Clause 1 of this Article is
compelled to pay all costs of medical services ranging from first aid,
emergency care to stable treatment for the employee who does not have a valid health
insurance policy and is suffering from occupational accidents or diseases;
c) The employer that
commits the violation specified in Point d Clause 1 of this Article is
compelled to recommend employees suffering from occupational accidents or
diseases for medical assessment, determination of their work capacity reduction
levels, treatment or functional rehabilitation in accordance with regulations
of law;
d) The employer that
commits the violation specified in Point dd Clause 1 of this Article is compelled
to pay costs of medical examination for assessment of the work capacity
reduction level for the employee who is recommended by the employer to receive
medical assessment from an authorized medical assessment council and is
assessed to suffer less than 5% work capacity reduction;
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Article
24. Violations against regulations on use of machines and equipment subject to
strict OSH requirements
The following fines
shall be imposed for violating regulations on use of machines, equipment and
supplies subject to strict occupational safety requirements:
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 Labour, War Invalids and Social Affairs within a duration
of 30 days before or after putting machines, equipment and supplies subject to
strict occupational safety requirements into use.
2. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed for failing to retain
adequate technical documents on machines, equipment and supplies subject to
strict occupational safety requirements.
3. A fine ranging
from VND 15.000.000 to VND 20.000.000 shall be imposed for commission of one of
the following violations: violating any provision laid down in national
technical regulations on OSH for use of machines, equipment and supplies
subject to strict occupational safety requirements; using machines, equipment
and supplies subject to strict occupational safety requirements which have not
yet been certified as compliant with corresponding national technical
regulations; using machines, equipment and supplies subject to strict
occupational safety requirements which are of unknown origin or whose service
life has been expired.
4. The following
fines shall be imposed for failing to carry out inspections before use or
failing to carry out periodic inspections during use of machines, equipment and
supplies subject to strict occupational safety requirements:
a) A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation
involves 01 - 03 pieces of machines, equipment and supplies;
b) A fine ranging
from VND 30.000.000 to VND 50.000.000 shall be imposed if the violation
involves 04 - 10 pieces of machines, equipment and supplies;
c) A fine ranging
from VND 50.000.000 to VND 75.000.000 shall be imposed if the violation
involves 11 - 20 pieces of machines, equipment and supplies;
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5. A fine ranging
from VND 50.000.000 to VND 75.000.000 shall be imposed for continuing using
machines, equipment and supplies subject to strict occupational safety
requirements whose inspection results are unsatisfactory.
Article
25. Violations against regulations on training in OSH
1. The following
fines shall be imposed upon an employer for failing to organize training in OSH
for employees in accordance with regulations of law or making arrangements with
training institutions under which they can attain training results without
participating in any training courses or using employees who do not have
occupation safety cards issued in accordance with regulations of law to perform
works or jobs bound by strict OSH requirements:
a) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
01 - 10 employees;
b) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves 11 - 50 employees;
c) A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation
involves 51 - 100 employees;
d) A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation
involves 101 - 300 employees;
dd) A fine ranging
from VND 40.000.000 to VND 50.000.000 shall be imposed if the violation
involves 301 employees or more.
2. The following
fines shall be imposed upon an OSH training institution for committing
violations against 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 commission of one of
the following violations: Providing inadequate contents of compulsory training
courses designed according to legally prescribed framework programs; hiring
unqualified trainers; failing to provide necessary training facilities as
prescribed by law; failing to prepare training materials for trainees;
c) A fine ranging
from VND 30.000.000 to VND 50.000.000 shall be imposed for commission of one of
the following violations: Providing training results without any training
courses that have been provided; providing training results inconsistent with
the provided training contents;
d) A fine ranging
from VND 120.000.000 to VND 140.000.000 shall be imposed for commission of one
of the following violations: providing training courses during the period when
its OSH training activities are suspended or when its certificate of
eligibility to provide OSH training has been revoked or expired; providing
training courses beyond the scope of the issued certificate of eligibility to
provide OSH training in respect of training contents which shall only be
provided under a valid certificate of eligibility to provide OSH training;
failing to maintain its satisfaction of eligibility requirements to provide OSH
as prescribed by law; altering or falsifying the certificate of eligibility to
provide OSH training if not liable to criminal prosecution; altering or
falsifying any documents included in the application for certificate of
eligibility to provide OSH training, if not liable to criminal prosecution;
forging any documents included in the application for certificate of
eligibility to provide OSH training, if not liable to criminal prosecution;
forging certificate of eligibility to provide OSH training, if not liable to
criminal prosecution.
3. The following
fines shall be imposed upon an employer that themselves organizes OSH training
activities for committing violations against regulations on OSH training:
a) A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed for commission of one of
the following violations: failing to submit reports on OSH training as
prescribed by law; failing to notify competent authorities when providing OSH
training courses under the training framework programs for persons in charge of
OSH tasks (group 2), persons performing works or jobs bound by strict OSH
requirements (group 3) or OSH trainers as prescribed by law;
b) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of
the following violations: Providing inadequate contents of compulsory training
courses designed according to legally prescribed framework programs; hiring
unqualified trainers; failing to provide necessary training facilities as
prescribed by law; failing to prepare training materials for trainees;
c) A fine ranging
from VND 15.000.000 to VND 25.000.000 shall be imposed for commission of one of
the following violations: Providing training results without any training
courses that have been provided; providing training results inconsistent with
the provided training contents;
d) A fine ranging
from VND 60.000.000 to VND 70.000.000 shall be imposed for commission of one of
the following violations: failing to obtain a certificate of eligibility to
provide OSH training when organizing training activities in cases such a
certificate of eligibility to provide OSH training is required, or organizing
training activities during the period when its OSH training activities are
suspended or when its certificate of eligibility to provide OSH training has
been revoked or expired; providing training courses beyond the scope of the
issued certificate of eligibility to provide OSH training in respect of
training contents which shall only be provided under a valid certificate of
eligibility to provide OSH training; failing to maintain its satisfaction of
eligibility requirements to provide OSH as prescribed by law; altering or
falsifying the certificate of eligibility to provide OSH training if not liable
to criminal prosecution; altering or falsifying any documents included in the
application for certificate of eligibility to provide OSH training, if not
liable to criminal prosecution; forging any documents included in the
application for certificate of eligibility to provide OSH training, if not
liable to criminal prosecution; forging certificate of eligibility to provide
OSH training, if not liable to criminal prosecution.
4. A fine ranging
from VND 60,000,000 to VND 70,000,000 shall be imposed for commission of one of
the following violations: failing to obtain a certificate of eligibility to
provide OSH training when organizing training activities in cases such a
certificate of eligibility to provide OSH training is required; forging certificate
of eligibility to provide OSH training if not liable to criminal prosecution.
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a) The OSH training
institution’s provision of OSH training courses shall be suspended for a fixed
period of 01 - 03 months if committing one of the following violations:
providing training results without any training courses that have been
provided; providing training results inconsistent with the provided training
contents; providing training courses beyond the scope of the issued certificate
of eligibility to provide OSH training in respect of training contents which
shall only be provided under a valid certificate of eligibility to provide OSH
training; failing to maintain its satisfaction of eligibility requirements to
provide OSH as prescribed by law as prescribed in Points c, d Clause 2 of this
Article;
b) The employer that
themselves organizes OSH training activities shall be suspended from organizing
OSH training activities for a fixed period of 01 - 03 months if committing one
of the following violations: providing training results without any training
courses that have been provided; providing training results inconsistent with
the provided training contents; providing training courses beyond the scope of
the issued certificate of eligibility to provide OSH training in respect of
training contents which shall only be provided under a valid certificate of
eligibility to provide OSH training; failing to maintain its satisfaction of
eligibility requirements to provide OSH as prescribed by law as prescribed in
Points c, d Clause 3 of this Article;
c) The exhibits and
instrumentalities for committing violations in Point d Clause 2, Point d Clause
3, and Clause 4 of this Article, which are forged certificate of eligibility to
provide OSH training, shall be confiscated.
6. Remedial measures
a) The OSH training
institution that commits the violation in Point b or c Clause 2 of this Article
is compelled to invalidate training results it has already provided;
b) The employer that
itself organizes OSH training activities but commits the violation in Point b
or c Clause 3 of this Article is compelled to invalidate training results it
has already provided;
c) The violating
entity is compelled to return the altered or falsified certificate of
eligibility to provide OSH training to the issuing authority in case of the
violation in Point d Clause 2 or Point d Clause 3 of this Article.
Article
26. Violations against regulations on technical safety inspection
1. The following
fines shall be imposed upon a technical safety inspection service provider for
committing violations against regulations on technical safety inspection:
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b) A fine ranging
from VND 3.000.000 to VND 5.000.000 shall be imposed for failing to notify the
competent authority that has issued the certificate of eligibility to provide
technical safety inspection services of changes in its address of its
headquarters or branch;
c) A fine ranging
from VND 40.000.000 to VND 50.000.000 shall be imposed for commission of one of
the following violations: providing technical safety inspection services beyond
the scope of the certificate of eligibility to provide technical safety
inspection services; failing to comply with inspection procedures; hiring
inspectors whose inspector certificate has been revoked or expired; hiring
persons who do not possess valid inspector certificates to perform inspection
tasks; hiring inspectors without entering into employment contracts or
piecework contracts with them; failing to maintain its satisfaction of
eligibility requirements to provide technical safety inspection services as prescribed
by law; failing to ensure independence and objectivity in providing inspection
services;
d) A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed for commission of one
of the following violations: providing false inspection results; providing
inspection results without carrying out any inspections;
dd) A fine ranging
from VND 120.000.000 to VND 140.000.000 shall be imposed for commission of one
of the following violations: providing inspection services when the certificate
of eligibility to provide technical safety inspection services has been expired
or revoked or during the period of suspension of inspection services; altering
or falsifying the issued certificate of eligibility to provide technical safety
inspection services if not liable to criminal prosecution; altering or
falsifying any documents included in the application for certificate of
eligibility to provide technical safety inspection services if not liable to
criminal prosecution; forging any documents included in the application for
certificate of eligibility to provide technical safety inspection services if
not liable to criminal prosecution; forging certificate of eligibility to
provide technical safety inspection services if not liable to criminal
prosecution.
2. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed upon an inspector for
one of the following violations:
a) Failing to comply
with inspection procedures issued by competent authorities;
b) Performing
inspection tasks for a technical safety inspection service provider that does
not have a certificate of eligibility to provide technical safety inspection
services.
3. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed upon an inspector for
performing inspection tasks when failing to possess a valid inspector
certificate or performing inspection tasks beyond the scope of his/her
inspection certificate.
4. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed upon an individual for
performing inspection tasks without possessing a valid inspector certificate.
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6. A fine ranging
from VND 60.000.000 to VND 70.000.000 shall be imposed upon an inspector for
altering or falsifying his/her inspector certificate if not liable to criminal
prosecution; forging certificate of eligibility to provide technical safety
inspection services if not liable to criminal prosecution.
7. Additional
penalties:
a) Technical safety
services rendered by the technical safety inspection service provider that
commits the violation in Point d Clause 1 of this Article shall be suspended
for a fixed period of 01 - 03 months;
b) The exhibits and
instrumentalities for committing violations in Point dd Clause 1, and Clause 5
of this Article, which are forged certificates of eligibility to provide
technical safety inspection services, shall be confiscated;
c) The exhibits and
instrumentalities for committing the violation in Clause 5 of this Article,
which are forged inspector certificates, shall be confiscated.
8. Remedial measures
a) The violating
entity is compelled to invalidate inspection results and return the received
amounts of inspection costs plus the interest on such amounts, which is
calculated at the highest rate of the demand deposit interest rates publicly
quoted by state-owned commercial banks on the date of penalty imposition in case
of the violations in Points c, d, dd Clause 1 of this Article, except for the
act of altering the issued certificates of eligibility to provide technical
safety inspection services, if not liable to criminal prosecution;
b) The violating
entity is compelled to return the altered or falsified certificate of
eligibility to provide technical safety inspection services to the issuing
authority in case of the violation in Point dd Clause 1 of this Article;
c) The violating
entity is compelled to return the altered or falsified inspector certificate to
the issuing authority in case of the violation in Clause 6 of this Article.
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1. A fine ranging
from VND 1.000.000 to VND 2.000.000 shall be imposed on the workplace
environmental monitoring service provider for commission of one of the
following violations: failing to submit annual reports on business results to
competent authorities as prescribed; failing to notify competent authorities of
changes in address of its headquarters or branch; failing to participate in
training courses on updated knowledge about legislative policies, scientific
and technological advances regarding workplace environmental monitoring
activities as prescribed by law.
2. A fine ranging
from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for
failing to inform employees working at sites where the workplace environmental
monitoring is conducted, and where inspection, assessment and management of workplace
hazards are performed, of results thereof immediately after receipt.
3. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed upon an employer for
failing to conduct workplace environmental monitoring to control health hazards
in accordance with regulations of law.
4. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed upon an employer for
colluding with the workplace environmental monitoring service provider to perform
fraudulent acts related to workplace environmental monitoring, if not liable to
criminal prosecution.
5. A fine ranging
from VND 80.000.000 to VND 120.000.000 shall be imposed upon a workplace
environmental monitoring service provider for commission of one of the
following violations: colluding with employers to perform fraudulent acts
related to workplace environmental monitoring, if not liable to criminal
prosecution; carrying out workplace environmental monitoring in contravention
of rules and procedures set out in laws.
6. A fine ranging
from VND 120.000.000 to VND 140.000.000 shall be imposed upon a workplace
environmental monitoring service provider for producing environmental
monitoring results without carrying out environmental monitoring activities as
prescribed or providing environmental monitoring services during the period for
which its environmental monitoring services are suspended.
7. A fine ranging
from VND 120.000.000 to VND 150.000.000 shall be imposed upon a workplace
environmental monitoring service provider for commission of one of the
following violations:
a) Providing
workplace environmental monitoring services before obtaining recognition of
eligibility to provide workplace environmental monitoring services in
accordance with regulations of law;
b) Employing persons
who fail to meet standards set out in laws to perform workplace environmental
monitoring activities;
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8. Additional
penalties:
The workplace
environmental monitoring service provider that commits any of the violations in
Clauses 5, 6, 7 of this Article shall be suspended from providing such
workplace environmental monitoring services for a fixed period of 03 - 06
months.
9. Remedial measures
a) Workplace
environmental monitoring results must be invalidated in case of commission of
any of the violations in Clauses 4, 5, 6, 7 of this Article;
b) The workplace
environmental monitoring service provider that commits any of the violations in
Clauses 5, 6, 7 of this Article is compelled to return the collected amounts of
service charges plus the interest on such amounts, which is calculated at the
highest rate of the demand deposit interest rates publicly quoted by
state-owned commercial banks on the date of penalty imposition, to its service
users, except for the act of colluding with employers to perform fraudulent
acts related to workplace environmental monitoring, if not liable to criminal
prosecution, specified in Clause 5 of this Article.
Article
28. Violations against regulations on female employees and assurance of gender
equality
1. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Failing to ensure
gender equality and implementation of measures for promoting gender equality in
recruitment, job assignment, placement, training, working hours, rest periods,
salaries and other policies;
b) Failing to
consult with female employees or their representatives when making decisions
which affect their rights and interests.
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a) Requiring a
female employee who reaches her seventh month of pregnancy, or her sixth month
of pregnancy when working in upland, remote, border and island areas, to work
overtime, work at night or go on a long distance working trip;
b) Requiring a
female employee who is raising a child under 12 months of age to work overtime,
work at night or go on a long distance working trip, unless otherwise agreed by
the employee;
c) Failing to
reassign a female employee who is performing an arduous, hazardous and
dangerous work or job, or an extremely arduous, hazardous and dangerous work or
job, or any work or job that might negatively affect her maternity and child
nursing, to a less arduous or safer work or reduce her working hours when being
informed by her of pregnancy as prescribed in Clause 2 Article 137 of the
Labour Code, unless otherwise agreed by two parties;
d) Failing to allow
a female employee to take a 30-minute break in every working day during her
menstruation period, unless otherwise agreed by two parties;
dd) Failing to allow
a female employee who is nursing a child under 12 months of age to take a
60-minute break in every working day, unless otherwise agreed by two parties;
e) Failing to ensure
employment for employees as prescribed in Article 140 of the Labour Code;
g) Failing to
prioritize the conclusion of a new employment contract with a female employee
who is pregnant or nursing a child under 12 months of age upon expiration of
her employment contract;
h) Taking disciplinary
measures against a female employee during her pregnancy or maternity leave in
accordance with regulations of laws on social insurance; taking disciplinary
measures against a female employee who is nursing a child under 12 months of
age;
i) Dismissing or
unilaterally terminating the employment contract with an employee due to
his/her marriage, pregnancy, maternity leave, or nursing of a child under 12
months of age, except for cases where the employer that is a natural person
dies or is declared incapacitated, missing or dead by the court, or the
employer that is not a natural person ceases its business operations, declared
by a business registration authority affiliated to the provincial People’s
Committee that it does not have a legal representative or a person authorized
to perform the legal representative’s rights and obligations, if not liable to
criminal prosecution;
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l) Failing to set up
a lactation room at the workplace when employing 1.000 female employees or
more.
3. Remedial measures
a) The employer that
commits the violation in Point d Clause 2 of this Article is compelled to pay salary
to the female employee for the period of breaks that she is not allowed to take
during her menstruation period as prescribed by law;
b) The employer that
commits the violation in Point dd Clause 2 of this Article is compelled to pay
salary to the female employee for the period of breaks that she is not allowed
to take during the period when she is nursing a child under 12 months of age as
prescribed by law;
c) The employer that
commits the violation specified in Point i Clause 2 of this Article is compelled
to reinstate employees.
Article
29. Violations against regulations on minor employees
1. A fine ranging
from VND 1.000.000 to VND 2.000.000 shall be imposed upon an employer for failing
to prepare a separate record of minor employees or preparing a separate record
which does not have adequate information as prescribed in Clause 3 Article 144
of the Labour Code when employing minor employees or failing to present such
record or minor employees at the request of a competent authority.
2. A fine ranging
from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Employing a minor
employee without obtaining the consent of his/her parent or guardian;
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c) Hiring minors to
work in excess of the working hours prescribed in Article 146 of the Labour
Code;
d) Hiring persons
under 15 to work overtime or at night;
dd) Hiring persons
aged 15 to under 18 to work overtime or at night in certain works or jobs which
are not permitted by laws.
3. A fine ranging
from VND 50.000.000 to VND 75.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Hiring persons
aged 13 to under 15 to perform works which are not included in the list of
legally permitted works as prescribed in Clause 3 Article 143 of the Labour
Code;
b) Hiring persons
under 13 to perform works other than the legally permitted ones as prescribed
in Clause 3 Article 145 of the Labour Code or hiring persons under 13 to
perform legally permitted works without obtaining the permission from the
competent labour authority affiliated to the provincial People’s Committee;
c) Hiring persons
aged 15 to under 18 to perform prohibited works or to work at prohibited
workplaces as prescribed in Article 147 of the Labour Code, if not liable to
criminal prosecution.
Article
30. Violations against regulations on domestic workers
1. A warning shall
be imposed upon an employer for commission of one of the following violations:
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b) Failing to pay
travel expenses for the domestic worker to return their place of residence at
the end of his/her service, except for cases where the domestic worker
terminates the employment contract before its expiry date.
2. A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed upon an employer for commission
of one of the following violations:
a) Failing to notify
the communal-level People's Committee of employment or termination of
employment of domestic workers as prescribed;
b) Repeating the
violation specified in Clause 1 of this Article for which a warning has been
imposed.
3. A fine ranging
from VND 10.000.000 to VND 15.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Keeping personal
identity papers of the domestic worker;
b) Failing to pay
the domestic worker amounts of his/her social insurance and health insurance
premiums in accordance with regulations of law so that the domestic worker can
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 upon an employer for
mistreating, sexually harassing, extracting forced labor, or using force or
violence against the domestic worker, if not liable to criminal prosecution.
5. Remedial measures
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b) The employer that
commits the violation in Point b Clause 1 of this Article is compelled to fully
pay travel expenses to domestic workers;
c) The employer that
commits the violation in Point a Clause 3 of this Article is compelled to
return personal identity papers to domestic workers;
d) The employer that
commits the violation in Point b Clause 3 of this Article is compelled to fully
pay amounts of social insurance and health insurance premiums to domestic
workers.
Article
31. Violations against regulations on elderly employees and disabled employees
1. A fine ranging
from VND 5.000.000 to VND 10.000.000 per employee shall be imposed upon an
employer for commission of one of the following violations:
a) Failing to
consult with disabled employees before deciding matters of relevance to their
rights and interests;
b) Hiring a slightly
disabled person who suffers from at least 51% work capacity reduction, or with
severe or very severe disabilities to work overtime or work at night, unless
otherwise agreed by the disabled employee.
2. A fine ranging
from VND 10.000.000 to VND 15.000.000 shall be imposed upon an employer for
hiring elderly employees to perform arduous, hazardous and dangerous works or
jobs, or extremely arduous, hazardous and dangerous works or jobs, which are
harmful to their health, unless safe working conditions are ensured.
Article
32. Violations against regulations on foreigners working in Vietnam
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a) Failing to submit
reports or submitting inaccurate or late reports on employment of foreigners as
prescribed;
b) Failing to submit
the original copy or certified true copy of the signed employment contract,
after the foreign employee has been issued with the work permit or has his/her
work permit extended, at the request of the competent authority that has issued
or extended such work permit in case that foreign employee works under an
employment contract.
2. A fine ranging
from VND 5.000.000 to VND 10.000.000 per employee but not exceeding VND
75.000.000 shall be imposed upon an employer for hiring a foreign employee
against his/her work permit or certification of eligibility for work permit
exemption, unless otherwise prescribed by law.
3. A fine ranging
from VND 15.000.000 to VND 25.000.000 shall be imposed upon a foreigner working
in Vietnam for commission of one of the following violations:
a) Failing to obtain
a work permit or certification of eligibility for work permit exemption when
working in Vietnam as prescribed by law;
b) Using an expired
work permit or certification of eligibility for work permit exemption.
4. The following
fines shall be imposed upon an employer for hiring a foreign employee who does
not have a work permit or certification of eligibility for work permit
exemption or who uses an expired one to work in Vietnam:
a) A fine ranging
from VND 30.000.000 to VND 45.000.000 shall be imposed if the violation
involves 01 - 10 employees;
b) A fine ranging
from VND 45.000.000 to VND 60.000.000 shall be imposed if the violation
involves 11 - 20 employees;
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5. Additional
penalties:
Foreign employees
are expelled from Vietnam in case of commission of the violation in Clause 3 of
this Article.
Article
33. Violations committed by foreign entities in Vietnam when recruiting and
employing Vietnamese employees to work for them
1. A fine ranging from
VND 1.000.000 to VND 3.000.000 shall be imposed for hiring Vietnamese employees
but failing to submit reports or submitting inaccurate or late reports to
authorities competent to recruit and manage Vietnamese employees on their
recruitment and employment of Vietnamese employees in accordance with
regulations of law.
2. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed for failing to send
written notifications, enclosed with certified true copies of the employment
contracts signed with Vietnamese employees and other documents as prescribed by
law, to authorities competent to recruit and manage Vietnamese employees after
the date of conclusion of such employment contracts in accordance with
regulations of law.
Article
34. Violations against regulations on settlement of labour disputes
1. A warning shall
be imposed upon an employee for joining a strike after Chairperson of the
provincial People’s Committee issues a decision to postpone or cancel that
strike.
2. A fine ranging
from VND 1.000.000 to VND 2.000.000 shall be imposed upon an employee for
commission of one of the following violations:
a) Obstructing
employees in exercising their rights to strike, inciting, inducing or forcing
employees to go on strike;
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c) Using violence;
sabotaging machinery, equipment or assets of the employer, if not liable to
criminal prosecution.
3. A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Terminating
employment contracts or disciplining or reassigning employees or strike leaders
to other works or workplaces due to their preparation for or involvement in the
strike;
b) Retaliating,
inflicting punishment against employees who take part in strike or against
strike leaders;
c) Temporarily
closing the workplace in cases specified in Article 206 of the Labour Code;
d) Causing
difficulties to, obstructing or interfering with the survey conducted by the
internal representative organization of employees to collect employees’
opinions about the strike.
4. Remedial measures
a) The employer that
commits the violation in Point a Clause 3 of this Article is compelled to
reinstate employees and strike leaders when terminating employment contracts
signed with them, or invalidate decisions to take disciplinary measures or
reassign employees or strike leaders to other works or workplaces due to their
preparation for or involvement in the strike, and pay full salaries to
employees for the period during which the employee’s employment contract has
been terminated;
b) The employer that
commits the violation in Point c Clause 3 of this Article is compelled to pay
full salaries to employees for the period during which the workplace has been
temporarily closed.
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1. A fine ranging
from VND 3.000.000 to VND 5.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Failing to
arrange working time, during which salaries are still paid in full by the
employer, for members of the management board of the internal representative
organization of employees to perform their duties as prescribed in Clause 2
Article 176 of the Labour Code;
b) Failing to admit
superior trade union officers to the organization or enterprise to disseminate
information, mobilize and instruct employees to establish or join the trade
union or perform trade union activities;
c) Obstructing or
causing difficulties to employees’ lawful establishment, joining and
participation in activities of the internal representative organization of
employees;
d) Failing to allow
members of the management board of the internal representative organization of
employees to approach employees at the workplace during the performance of
their duties, provided it does not affect the employer’s normal operation.
2. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Failing to enter
into a written agreement with the management board of the internal representative
organization of employees when unilaterally terminating the employment contract
with, reassigning or dismissing for disciplinary reasons an employee who is a
member of the management board, if not liable to criminal prosecution, and
except for cases where such agreement cannot be reached by two parties;
b) Failing to send a
notice within the prescribed time limit to the labour authority affiliated to
the Provincial People's Committee of its decision to unilaterally terminate the
employment contract with, reassign or dismiss, for disciplinary reasons, an
employee who is a member of the management board of the internal representative
organization of employees in case it cannot reach an agreement with the
management board of the internal representative organization of employees as
prescribed in Clause 3 Article 177 of the Labour Code.
c) Failing to extend
the employment contract, until the end of the employee’s term of office, signed
with the employee who is a member of the management board of the internal
representative organization of employees and has his/her employment contract
expired before the end of his/her term of office.
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4. Remedial measures
The employer that
commits the violation in Point c Clause 2 of this Article is compelled to
extend the employment contract, until the end of the employee’s term of office,
signed with the employee who is a member of the management board of the
internal representative organization of employees and has his/her employment
contract expired before the end of his/her term of office.
Article
36. Acts of discrimination due to establishment, participation in and operation
of internal representative organization of employees
1. A fine ranging
from VND 15.000.000 to VND 30.000.000 shall be imposed upon an employer for
performing any of the following acts of discrimination against employees or
members of the management board of the internal representative organization of
employees due to the establishment, participation in or operation of the
representative organization of employees:
a) Discriminating by
salary, working hours, other rights and obligations in the labour relation;
b) Requesting an
employee to participate, not to participate, or to leave the internal
representative organization of employees as a condition for being recruited, or
having his/her employment contract signed or extended;
c) Disciplining or
unilaterally terminating employment contracts; refusing to conclude employment
contracts or extend employment contracts; or reassigning employees to other
works;
d) Obstructing,
disrupting or otherwise impairing the operation of the internal representative
organization of employees.
2. Remedial measures
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Article
37. Acts of implementing economic measures or other measures aimed to cause
disadvantages to organization and operation of the internal representative
organization of employees
1. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Failing to pay
salaries to members of the management board of the internal representative
organization of employees during their working hours as prescribed by law for
performance of the duties of the internal representative organization of
employees;
b) Failing to
provide members of the management board of the internal representative
organization of employees with other guarantees in labour relation or
performance of the representative’s duties as prescribed by law.
2. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed upon an employer for
interfering or influencing the establishment, election, planning or operation
of the internal representative organization of employees, including financial
support or other economic measures aimed to neutralize or weaken the functions
of the internal representative organization of employees, or discriminating
between internal representative organizations of employees.
3. Remedial measures
a) The employer that
commits the violation in Point a Clause 1 of this Article is compelled to pay
salaries to members of the management board of the internal representative
organization of employees during their working hours as prescribed by law for
performance of the duties of the internal representative organization of
employees;
b) The employer that
commits the violation in Point b Clause 1 of this Article is compelled to fully
provide other guarantees to members of the management board of the internal
representative organization of employees in accordance with regulations of law.
Article
38. Violations against regulations on payment of trade union dues
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a) Paying trade
union dues behind schedule;
b) Making
insufficient payment of trade union dues;
c) Failing to pay
trade union dues for all members who are mandatorily required to pay trade
union dues.
2. A fine equal to
18% to 20% of total amount of trade union dues payable at the date of issuance
of violation record, but not exceeding VND 75.000.000 shall be imposed upon an
employer for failing to pay trade union dues for their total number of
employees who are mandatorily required to pay trade union dues.
3. Remedial measures
Within 30 days from
the issue date of the penalty imposition decision, the employer that commits
any of the violations in Clauses 1 and 2 of this Article is compelled to pay
deferred amounts, remaining amounts or outstanding amounts of trade union dues,
plus the interest on such amounts, which is calculated at the highest rate of
the demand deposit interest rates publicly quoted by state-owned commercial
banks on the date of penalty imposition.
Chapter
III
ACTS
OF VIOLATION, PENALTIES, FINES AND REMEDIAL MEASURES AGAINST VIOLATIONS IN
SOCIAL INSURANCE SECTOR
Article
39. Violations against regulations on payment of compulsory social insurance
and unemployment insurance premiums
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2. A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed upon an employer for commission
of one of the following violations:
a) Failing to
annually post information on an employees’ payment of social insurance premiums
as provided by social insurance authorities as prescribed in Clause 7 Article
23 of the Law on Social Insurance;
b) Failing to
provide or providing inadequate information on an employee’s payment of
compulsory social insurance and unemployment insurance premiums at the request
of that employee or trade unions.
3. A fine ranging
from VND 1.000.000 to VND 3.000.000 per employee, but not exceeding VND
75.000.000 shall be imposed upon an employer for failing to complete procedures
for verification of payment of unemployment insurance premiums for employees so
that they can complete their applications for unemployment insurance benefits
as prescribed.
4. A fine ranging
from 5.000.000 to VND 10.000.000 shall be imposed upon an employer for failing
to provide accurate, adequate and timely information and documents on payment
of compulsory social insurance and unemployment insurance premiums or enjoyment
of such insurance benefits at the request of competent authorities or social
insurance authorities.
5. A fine equal to
12% to under 15% of total amount of compulsory social insurance and
unemployment insurance premiums payable at the date of issuance of violation
record, but not exceeding VND 75.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Making late
payment of compulsory social insurance and unemployment insurance premiums;
b) Paying social
insurance and unemployment insurance premiums under the prescribed rates but
not to the extent that they are accused of evasion of payment of insurance
premiums;
c) Failing to pay
social insurance and unemployment insurance premiums for total number of
employees eligible for participation in compulsory social insurance and
unemployment insurance but not to the extent that they are accused of evasion
of payment of insurance premiums;
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6. A fine equal to
18% to 20% of total amount of compulsory social insurance and unemployment
insurance premiums payable at the date of issuance of violation record, but not
exceeding VND 75.000.000 shall be imposed upon an employer for failing to pay
compulsory social insurance and unemployment insurance premiums for total
number of employees eligible for participation in compulsory social insurance
and unemployment insurance, if not liable to criminal prosecution.
7. A fine ranging
from VND 50.000.000 to VND 75.000.000 shall be imposed upon an employer for
commission of one of the following violations:
a) Evading paying
compulsory social insurance and unemployment insurance premiums, if not liable
to criminal prosecution;
b) Altering or
falsifying any documents included in the application for lower-than-normal rate
of contributions to the occupational accident and occupational disease
insurance fund, if not liable to criminal prosecution.
8. A fine ranging
from VND 50.000.000 to VND 70.000.000 shall be imposed upon an OSH assessment
organization for providing inaccurate reports on assessment of OSH and reduced
incidence frequency of occupational accidents.
9. Additional
penalties:
The OSH assessment
organization that commits the violation in Clause 8 of this Article shall be
suspended from providing OSH assessment services for a fixed period of 01 - 03
months.
10. Remedial
measures
a) The employer that
commits any of the violations in Clauses 5, 6, 7 of this Article is compelled
to pay total amount of compulsory social insurance and unemployment insurance
premiums payable to social insurance authorities;
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Article
40. Violations against regulations on preparation of application and
documentation requirements for enjoyment of social insurance and unemployment
insurance benefits
1. A fine ranging
from VND 1.000.000 to VND 2.000.000 shall be imposed upon an employee for
commission of one of the following violations:
a) Making untruthful
declarations, or altering, erasing or falsifying information related to payment
of insurance premiums or enjoyment of social insurance and unemployment
insurance benefits, if not liable to criminal prosecution;
b) Failing to notify
the employment service center as prescribed when the employee has got a job
within 15 working days from the date of submission of application for
unemployment benefits;
c) As a beneficiary
of unemployment benefits, he/she fails to send the required notifications to
the employment service center in one of the following cases: he/she has got a
job; he/she is performing military or public security service; he/she receives
monthly retirement pensions; or he/she is attending a training course for a
full period of at least 12 months.
2. A fine ranging
from VND 10.000.000 to VND 20.000.000 per application but not exceeding VND
75.000.000 shall be imposed upon an employer for forging or falsifying
applications for social insurance and unemployment insurance benefits for
profiteering such insurance benefits, if not liable to criminal prosecution.
3. Remedial measures
The employer that
commits any of the violations in Clauses 1 and 2 of this Article is compelled
to return the received amounts of social insurance benefits, unemployment
benefits, or financial support for provision of training or retraining for
improving occupational skills for employees to social insurance authorities.
Article
41. Violations against other regulations on social insurance and unemployment
insurance
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2. A fine equal to
18% to 20% of total amount of compulsory social insurance benefits appropriated
by the employer at the date of issuance of the violation record, but not
exceeding VND 75.000.000 shall be imposed upon an employer for appropriating
compulsory social insurance benefits of employees.
3. A fine ranging
from VND 2.000.000 to VND 4.000.000 shall be imposed upon an employer for
failing to notify the employment service center of the locality where its head office
is located of any changes in labour or employment status at its enterprise in
accordance with regulations of law.
4. A fine ranging
from VND 2.000.000 to VND 4.000.000 per employee but not exceeding VND
75.000.000 shall be imposed upon an employer for commission of one of the
following violations:
a) Failing to
prepare and submit application for participation in compulsory social insurance
for employees within 30 days from the date of conclusion of the labour,
employment or recruitment contract; failing to prepare and submit application
for participation in unemployment insurance for employees within 30 days after
the labour or employment contract becomes effective;
b) Failing to
compile the list of employees or failing to prepare applications or failing to
submit applications within the prescribed time limits as specified in Clause 2
Article 102, Clause 1 Article 103, Clause 1 Article 110, Clause 2 Article 112
of the Law on Social Insurance, or Clause 1 Article 59, Clause 1 Article 60 of
the Law on occupational safety and health;
c) Failing to
recommend the employees prescribed in Article 47 of the Law on occupational
safety and health and Article 55 of the Law on Social Insurance to receive
medical assessment of their work capacity reduction from authorized medical
assessment councils;
d) Failing to return
social insurance books to their employees according to the provisions of Clause
5 Article 21 of the Law on Social Insurance.
5. A fine ranging from
VND 2.000.000 to VND 4.000.000 per employee who has participated in
unemployment insurance and is given vocational support but not exceeding VND
150.000.000 shall be imposed upon a vocational training institution for
commission of one of the following violations:
a) Providing
vocational training courses with sufficient duration for employees who are
given vocational support;
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6. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer that is
given financial support for provision of training or retraining for improving
occupational skills and ensuring employment for employees for providing training
or retraining for improving occupational skills for their employees against the
plans approved by competent authorities.
7. Remedial measures
a) The employer that
commits the violation in Clause 1 of this Article is compelled to pay
convalescence or functional rehabilitation benefits to employees suffering from
occupational accidents or diseases;
b) The employer that
commits the violation specified in Clause 2 of this Article is compelled to
return the appropriated amounts of compulsory social insurance benefits, and
pay the interest on such amounts, which is calculated at the highest rate of
the demand deposit interest rates publicly quoted by state-owned commercial
banks on the date of penalty imposition, to employees;
c) The vocational
training institution that commits the violation in Point a Clause 5 of this
Article is compelled to provide vocational training courses with sufficient
duration to employees who have participated in unemployment insurance and are
given vocational support, if requested by employees;
d) The vocational
training institution that commits the violation in Point b Clause 5 of this
Article is compelled to return illegally obtained profits to social insurance
authorities;
dd) The vocational
training institution that commits the violation in Clause 6 of this Article is
compelled to provide training or retraining for improving occupational skills
according to the plans approved by competent authorities, except cases where
such training or retraining activities have been completed;
e) The employer that
commits the violation in Clause 6 of this Article is compelled to transfer the
unused financial support for training or retraining for improving occupational
skills, compared to the plans approved by competent authorities.
Chapter
IV
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Article
42. 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 commission of one of
the following violations:
a) Failing to openly
post the copy of the license to provide Vietnamese guest worker services at the
head office of the service provider or failing to post that license on its
website within 30 days from the date of issuance, re-issuance or modification
of the license;
b) The branch that
is authorized by the service provider to provide Vietnamese guest worker
services fails to openly post the authorization decision or the copy of the
license of the service enterprise at the branch’s office;
c) Failing to give a
written notification to the Ministry of Labor, War Invalids and Social Affairs
or failing to update information about the branch that is authorized by the
service provider to provide Vietnamese guest worker services on the database on
Vietnamese guest workers as prescribed;
d) Failing to
publish or failing to update on the website of the service provider any changes
in the following information: legal representative, list of professional
employees, head office’s address, business location, facilities serving
orientation education for employees before sending them to work abroad, or
decision to authorize its branches to provide services;
dd) Failing to
publish on the website of the service provider the following information: the
approval given by the Ministry of Labour, War Invalids and Social Affairs for
preparation of labour sources; adequate and accurate information about the
number or recruitment standards or working conditions or rights and obligations
of workers under the labour supply contract;
e) Failing to submit
reports or submitting inadequate, inaccurate or late reports on its provision
of Vietnamese guest worker services in accordance with regulations of law;
g) Failing to update
information about workers sent abroad by the service provider on the database
on Vietnamese guest workers from the date on which the worker travels abroad
until terminating the contract for provision of Vietnamese guest worker
services in accordance with regulations of law;
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i) Failing to
instruct the workers to participate in social insurance in accordance with
regulations of the Law on social insurance;
k) Failing to make
contributions to the Overseas Employment Support Fund on schedule as prescribed
by law.
2. A fine ranging
from VND 10.000.000 to VND 20.000.000 per worker but not exceeding VND
200.000.000 shall be imposed for commission of one of the following violations:
a) Failing to
provide orientation education or failing to issue certificates of completion of
orientation education course to workers before they travel abroad to work in
accordance with regulations of law;
b) Reaching an agreement
with the worker on payment of deposit which is higher than the one prescribed
by law;
c) Failing to enter
into a contract for provision of Vietnamese guest worker services with the
worker, or entering into a contract of incorrect form;
d) Failing to
specify the service charges and other costs incurred by the worker in the
contract for provision of Vietnamese guest worker services signed with the
worker;
dd) Failing to
terminate or terminating the contract for provision of Vietnamese guest worker
services signed with the worker in contravention of law;
e) Entering into a
contract for provision of Vietnamese guest worker services whose contents are
contrary to those of the signed labour supply contract.
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4. A fine equal to
40% to 50% of total amount of contributions made to the Overseas Employment
Support Fund by workers through the service provider at the date of issuance of
violation record, but not exceeding VND 200.000.000 for failing to transfer or
insufficiently transferring total amount of contributions received to the
Overseas Employment Support Fund.
5. A fine ranging
from VND 50.000.000 to VND 70.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to
maintain its satisfaction of any of the conditions set out in Article 10 of the
Law on Vietnamese guest workers during its operation;
b) Failing to
maintain its satisfaction of the condition set out in Point b Clause 2 Article
20 of the Government’s Decree No. 112/2021/ND-CP dated December 10, 2021 during
its provision of Vietnamese guest workers as domestic workers and during the
period when a Vietnamese guest worker provided by the service provider works as
a domestic worker abroad;
c) Failing to
strictly comply with terms and conditions of the signed and approved labour
supply contract;
d) Failing to pay
compensation to workers for damage caused by the service provider or its branch
as prescribed by law;
dd) Failing to
provide counseling and assistance for workers in completing procedures related
to termination of their employment contracts, rights and benefits, and
repatriation procedures;
e) Performing
workforce preparation activities before obtaining a written approval from the
Ministry of Labor, War Invalids and Social Affairs;
g) Failing to make a
written commitment to prioritize recruitment of workers who have attended
workforce preparation activities performed by the service provider;
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i) Failing to make
written commitment on waiting period for travel abroad which must not exceed
180 days after a worker has been recruited to work abroad or failing to comply
with the written commitment on waiting period for travel abroad.
6. A fine ranging
from VND 50.000.000 to VND 70.000.000 per worker but not exceeding VND
200.000.000 shall be imposed for taking advantage of the workforce preparation
activities or recruitment of Vietnamese workers for working abroad or
Vietnamese guest worker services to illegally receive money from workers.
7. The following
fines shall be imposed for sending Vietnamese guest workers abroad in excess of
the registered number of workers as specified in the labour supply contract:
a) A fine ranging
from VND 40.000.000 to VND 80.000.000 shall be imposed if the number of workers
sent abroad exceeds the registered one by 01 - 10 workers;
b) A fine ranging
from VND 80.000.000 to VND 120.000.000 shall be imposed if the number of
workers sent abroad exceeds the registered one by 11 - 50 workers;
c) A fine ranging
from VND 120.000.000 to VND 180.000.000 shall be imposed if the number of
workers sent abroad exceeds the registered one by more than 50 workers.
8. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed for commission of one
of the following violations:
a) Collecting
service charges from workers against regulations of law;
b) Failing to
reimburse or insufficiently reimbursing their workers the service charges, plus
the interest on such service charges, in proportion to the remaining period of
the contract for provision of Vietnamese guest worker services in case the
worker has paid full service charges for the entire validity period of the
contract but has to return Vietnam ahead of schedule through no fault of his or
her own;
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d) Failing to provide
legal assistance for the worker who is abused, exploited or discriminated while
working abroad;
dd) Failing to
implement requests of competent authorities or failing to cooperate with
relevant authorities and organizations of the host country in settling disputes
involving the worker;
e) Failing to deal
with issues concerning the worker in one of the following cases: the worker
dies, suffers occupational accident or disease, has his/her life, health,
honor, dignity and/or property harmed, is affected by natural disasters,
epidemics, war events, political instability or emergency state.
9. A fine ranging
from VND 150.000.000 to VND 180.000.000 shall be imposed for commission of one
of the following violations:
a) Taking advantage of
its provision of Vietnamese guest worker services to organize illegal
immigration, exploitation of labour or forced labour, if not liable to criminal
prosecution;
b) Sending
Vietnamese guest workers abroad to work in prohibited areas, perform works or jobs
which are prohibited or harmful to social ethics or health of workers or
community, if not liable to criminal prosecution, or without obtaining approval
from the host country;
c) Forcing,
persuading, inciting or tricking Vietnamese guest workers into illegal stay in
foreign countries, if not liable to criminal prosecution;
d) Discriminating or
harming honor or dignity of Vietnamese workers when sending them abroad for
working;
dd) Sending
Vietnamese guest workers abroad without following procedures for registration
of the labour supply contract or before obtaining approval for the labour
supply contract;
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g) Altering or
falsifying contents of the issued license to provide Vietnamese guest worker
services if not liable to criminal prosecution;
h) Forging any
documents included in the application for issuance or re-issuance of the
license to provide Vietnamese guest worker services if not liable to criminal
prosecution;
i) Sending
Vietnamese workers to work in Taiwan (China) or Japan without introduction or
obtaining approval from the Ministry of Labor, War Invalids and Social Affairs;
k) Sending
Vietnamese workers to work abroad as domestic workers without obtaining written
approval from the Ministry of Labor, War Invalids and Social Affairs.
10. A fine ranging
from VND 180.000.000 to VND 200.000.000 shall be imposed for commission of one
of the following violations:
a) Using the license
to provide Vietnamese guest worker services of another service provider;
b) Allowing other
entities to use its license to provide Vietnamese guest worker services;
c) Authorize its branch
to provide Vietnamese guest worker services against regulations;
d) Performing
workforce preparation activities during the period of suspension of such
activities; performing labour supply contracts during the period of suspension
of labour supply contracts; performing any of the activities specified in
Clauses 1, 2, 3, 4 Article 9 of the Law on Vietnamese guest workers during
suspension period.
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a) A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation
involves 01 - 10 workers;
b) A fine ranging
from VND 60.000.000 to VND 100.000.000 shall be imposed if the violation
involves 11 - 50 workers;
c) A fine ranging
from VND 150.000.000 to VND 180.000.000 shall be imposed for the violation
involves more than 50 workers.
12. The following
fines shall be imposed sending Vietnamese workers whose names are not included
in the list of workers approved by the Ministry of Labor, War Invalids and
Social Affairs to work abroad as domestic workers:
a) A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation
involves 01 - 10 workers;
b) A fine ranging
from VND 60.000.000 to VND 100.000.000 shall be imposed if the violation
involves 11 - 50 workers;
c) A fine ranging
from VND 150.000.000 to VND 180.000.000 shall be imposed for the violation
involves more than 50 workers.
13. Additional
penalties
a) Performance of
labour supply contracts shall be suspended for a fixed period of 01 – 03 months
in case of commission of the violation in Point e Clause 2 of this Article;
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c) The provision of
Vietnamese guest workers as domestic workers shall be suspended for a fixed
period of 06 - 12 months in case of commission of the violation in Point b
Clause 5 of this Article;
d) Workforce
preparation activities shall be suspended for a fixed period of 12 – 24 months
in case of commission of the violation in Point e Clause 5 of this Article;
dd) Workforce
preparation activities shall be suspended for a fixed period of 06 - 12 months
in case of taking advantage of the workforce preparation activities to illegally
receive money from workers as specified in Clause 6 of this Article;
e) Recruitment
activities shall be suspended for a fixed period of 06 - 12 months in case of
taking advantage of recruitment activities to illegally receive money from
workers as specified in Clause 6 of this Article.
14. Remedial
measures
a) The service
provider that commits the violation in Point g Clause 1 of this Article is
compelled to update information on workers it sent abroad on the database on
Vietnamese guest workers as prescribed by law;
b) The service
provider that commits the violation in Clause 3 of this Article is compelled to
pay total amount payable plus the interest on this amount, which is calculated
at the highest rate of the demand deposit interest rates publicly quoted by
state-owned commercial banks on the date of penalty imposition, to the Overseas
Employment Support Fund;
c) The service
provider that commits the violation in Clause 4 of this Article is compelled to
transfer the full amount of contributions made by workers to the Overseas
Employment Support Fund and pay the interest on such amount, which is
calculated at the highest rate of the demand deposit interest rates publicly
quoted by state-owned commercial banks on the date of penalty imposition, to
the Overseas Employment Support Fund.
d) The service
provider that commits the violation in Point d Clause 5 of this Article is
compelled to pay compensation to workers for damage caused by the enterprise or
its branch;
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e) The service
provider that commits the violation specified in Point b Clause 8 of this
Article is compelled to fully return collected service charges plus the
interest on such amounts to workers;
g) The service
provider that commits the violation in Point g Clause 9 of this Article is
compelled to return the license to provide Vietnamese guest worker services to
the licensing authority.
Article
43. Violations against regulations on sending of Vietnamese workers abroad by
enterprises winning bids or awarded bids for overseas constructions or projects
1. A fine ranging
from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to update
information about workers on the database on Vietnamese guest workers;
b) Failing to submit
reports on completion of overseas construction or project or failing to submit
ad hoc reports at the request of the Ministry of Labor, War Invalids and Social
Affairs as prescribed by law.
2. A fine ranging
from VND 3.000.000 to VND 5.000.000 per worker but not exceeding VND
200.000.000 for failing to ensure provision of periodic health check-ups for
workers, including examination of reproductive health, and medical examination
and treatment in case the worker suffers illness or accident while working
abroad.
3. A fine ranging
from VND 10.000.000 to VND 20.000.000 per worker but not exceeding VND
200.000.000 shall be imposed for commission of one of the following violations:
a) Failing to
provide orientation education courses for Vietnamese workers before they travel
to work abroad;
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c) Failing to
directly organize travel of Vietnamese workers to foreign countries.
4. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to
organize repatriation of workers or failing to pay repatriation costs in case
the worker suffers illness or accident to the extent he/she is unable to
continue working abroad;
b) Failing to organize
transport of remains of workers who have died while working abroad to Vietnam;
failing to pay costs of transporting remains of workers who have died while
working abroad to Vietnam.
5. A fine ranging
from VND 30.000.000 to VND 50.000.000 shall be imposed for commission of one of
the following violations:
a) Sending
Vietnamese workers abroad in excess of the number of workers specified in the
plan for sending Vietnamese workers abroad which has been approved by the
Ministry of Labor, War Invalids and Social Affairs;
b) Failing to reach
an agreement by signing an annex to the employment contract with the worker as
prescribed or reaching an agreement by signing an annex to the employment
contract with the worker which is contrary to the plan for sending Vietnamese
workers abroad approved by the Ministry of Labor, War Invalids and Social
Affairs.
6. A fine ranging
from VND 75.000.000 to VND 90.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to report
or failing to cooperate with Vietnamese representative missions abroad in
managing and protecting legitimate rights and interests of workers while
working abroad;
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c) Failing to deal
with issues concerning the worker in one of the following cases: the worker
dies, suffers accident, has his/her life, health, honor, dignity and/or
property harmed, is affected by natural disasters, epidemics, war events,
political instability, economic downturn, emergency state or other force
majeure events.
7. A fine ranging from
VND 50.000.000 to VND 70.000.000 per worker but not exceeding VND 200.000.000
shall be imposed for taking advantage of sending Vietnamese workers for working
abroad to illegally receive money from workers.
8. A fine ranging
from VND 150.000.000 to VND 180.000.000 shall be imposed for commission of one
of the following violations:
a) Taking advantage
of sending Vietnamese workers abroad for working to organize illegal
immigration, exploitation of labour or forced labour, if not liable to criminal
prosecution;
b) Sending
Vietnamese workers abroad to work in prohibited areas, perform works or jobs
which are prohibited or harmful to social ethics or health of workers or
community, if not liable to criminal prosecution, or without obtaining approval
from the host country;
c) Forcing,
persuading, inciting or tricking Vietnamese workers into illegal stay in
foreign countries, if not liable to criminal prosecution;
d) Sending
Vietnamese workers abroad without submitting the plan for sending Vietnamese
workers abroad to the Ministry of Labor, War Invalids and Social Affairs or
before obtaining approval from the Ministry of Labor, War Invalids and Social
Affairs for the submitted plan.
9. Additional
penalties
The act of sending
Vietnamese workers abroad by enterprises winning bids or awarded bids for
overseas constructions or projects shall be suspended for a fixed period of 06
- 12 months in case of commission of any of the violations in Clauses 6, 7, 8
of this Article.
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a) The Vietnamese enterprise
winning bids or awarded bids for overseas constructions or projects that
commits the violation 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 bids or awarded bids for overseas constructions or projects
that commits the violation in Point a Clause 4 of this Article is compelled to
organize repatriation of workers or payment of repatriation costs to workers;
c) The Vietnamese
enterprise winning bids or awarded bids for overseas constructions or projects
is compelled to pay costs of transporting remains of workers who have died
while working abroad to Vietnam in case of failing to pay such costs as
specified in Point b Clause 4 of this Article;
d) The Vietnamese
enterprise winning bids or awarded bids for overseas constructions or projects
that commits the violation specified in Clause 7 of this Article is compelled
to return the amounts of money illegally collected from workers plus the interest
on such amounts, which is calculated at the highest rate of the demand deposit
interest rates publicly quoted by state-owned commercial banks on the date of
penalty imposition, to workers.
Article
44. Violations against regulations on sending of Vietnamese workers abroad by
Vietnamese entities making outward investments
1. A fine ranging
from VND 500.000 to VND 1.500.000 shall be imposed for failing to submit annual
reports as prescribed or ad hoc reports on sending of Vietnamese workers abroad
for working 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 about workers on the database on Vietnamese guest workers.
3. A fine ranging
from VND 5.000.000 to VND 10.000.000 per worker but not exceeding VND
100.000.000 shall be imposed for commission of one of the following violations:
a) Failing to
provide orientation education courses for Vietnamese workers before they travel
to work abroad;
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c) Failing to
directly organize travel of Vietnamese workers to foreign countries;
d) Failing to
directly manage and use Vietnamese workers sent abroad for working.
4. A fine ranging
from VND 15.000.000 to VND 25.000.000 shall be imposed for commission of one of
the following violations:
a) Sending
Vietnamese workers abroad in excess of the number of workers specified in the
plan for sending Vietnamese workers abroad which has been approved by the
Ministry of Labor, War Invalids and Social Affairs;
b) Failing to reach
an agreement by signing an annex to the employment contract with the worker as
prescribed or reaching an agreement by signing an annex to the employment
contract with the worker which is contrary to the plan for sending Vietnamese
workers abroad approved by the Ministry of Labor, War Invalids and Social
Affairs;
c) Failing to enter
into a contract for sending Vietnamese worker to work abroad with contents or
using the form prescribed by the Ministry of Labor, War Invalids and Social
Affairs in case a new worker is sent abroad;
d) Failing to
terminate the contract for sending Vietnamese worker to work abroad within 180
days from the date on which the worker’s employment contract is terminated.
5. A fine ranging
from VND 35.000.000 to VND 45.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to report
or failing to cooperate with Vietnamese representative missions abroad in
managing and protecting legitimate rights and interests of workers while
working abroad;
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c) Failing to deal with
issues concerning the worker in one of the following cases: the worker dies,
suffers accident, has his/her life, health, honor, dignity and/or property
harmed, is affected by natural disasters, epidemics, war events, political
instability, economic downturn, emergency state or other force majeure events.
6. A fine ranging
from VND 25.000.000 to VND 35.000.000 per worker but not exceeding VND
100.000.000 shall be imposed for taking advantage of sending Vietnamese workers
for working abroad to illegally receive money from workers.
7. A fine ranging
from VND 75.000.000 to VND 90.000.000 shall be imposed for commission of one of
the following violations:
a) Taking advantage
of sending Vietnamese workers for working abroad to organize illegal
immigration, exploitation of labour or forced labour, if not liable to criminal
prosecution;
b) Sending
Vietnamese workers abroad to work in prohibited areas, perform works or jobs
which are prohibited or harmful to social ethics or health of workers or
community, if not liable to criminal prosecution, or without obtaining approval
from the host country;
c) Forcing,
persuading, inciting or tricking Vietnamese workers into illegal stay in
foreign countries, if not liable to criminal prosecution;
d) Sending
Vietnamese workers abroad without submitting the plan for sending Vietnamese
workers abroad to the Ministry of Labor, War Invalids and Social Affairs or
before obtaining approval from the Ministry of Labor, War Invalids and Social
Affairs for the submitted plan.
8. Additional
penalties
The act of sending
Vietnamese workers abroad by the Vietnamese entity making outward investments
shall be suspended for a fixed period of 06 - 12 months in case of commission
of any of the violations in Clauses 5, 6, 7 of this Article.
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a) The Vietnamese
entity making outward investments that commits the violation 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 investments that commits the violation specified in
Clause 6 of this Article is compelled to return the amounts of money illegally
collected from workers plus the interest on such amounts, which is calculated
at the highest rate of the demand deposit interest rates publicly quoted by
state-owned commercial banks on the date of penalty imposition, to workers.
Article
45. Violations committed by Vietnamese enterprises sending Vietnamese workers
abroad for training or retraining to improve their vocational competence and
skills
1. A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed for failing to submit
reports on sending of workers abroad for training or retraining to improve
their vocational competence and skills to competent authorities 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 about workers on the database on Vietnamese guest workers.
3. A fine ranging
from VND 10.000.000 to VND 20.000.000 per worker but not exceeding VND
200.000.000 shall be imposed for commission of one of the following violations:
a) Failing to
provide orientation education courses for Vietnamese workers before they attend
overseas training or retraining courses aimed to improve their vocational
competence and skills;
b) Failing to
adequately, accurately and clearly provide information about the contents
specified 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 commission of one of
the following violations:
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b) Entering into
contracts for recruitment of interns which do not have adequate contents as
prescribed in Clause 2 Article 37 of the Law on Vietnamese guest workers;
c) Failing to enter
into vocational training contracts before sending workers abroad for attending
training or retraining courses aimed to improve their vocational competence and
skills;
d) Entering into
contracts for overseas training whose contents are contrary to contracts for
recruitment of interns.
5. A fine ranging from
VND 75.000.000 to VND 90.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to report
or failing to cooperate with Vietnamese representative missions abroad in
managing and protecting legitimate rights and interests of workers while
working abroad;
b) Failing to
implement requests of competent authorities or failing to cooperate with
relevant authorities and organizations of the host country in settling disputes
involving the worker while working abroad;
c) Failing to deal
with issues concerning the worker in one of the following cases: the worker
dies, suffers accident, has his/her life, health, honor, dignity and/or
property harmed, is affected by natural disasters, epidemics, war events,
political instability, economic downturn, emergency state or other force
majeure events.
6. A fine ranging
from VND 150.000.000 to VND 180.000.000 shall be imposed for commission of one
of the following violations:
a) Taking advantage
of sending Vietnamese workers abroad for attending training or retraining
courses aimed to improve their vocational competence and skills to organize
illegal immigration, exploitation of labour or forced labour, if not liable to
criminal prosecution;
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c) Forcing,
persuading, inciting or tricking Vietnamese workers into illegal stay in
foreign countries, if not liable to criminal prosecution.
7. Remedial measures
The Vietnamese
enterprise sending Vietnamese workers abroad for attending training or
retraining courses aimed to improve their vocational competence and skills that
commits the violation in Clause 2 of this Article is compelled to update
information on workers on the database on Vietnamese guest workers.
Article
46. Violations committed by Vietnamese guest workers and some other related
entities
1. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed upon a worker for illegally
staying in the foreign country after his/her employment contract or vocational
training contract has expired without any threat or force, if not liable to
criminal prosecution.
2. A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed for commission of one
of the following violations:
a) Organizing
recruitment and collecting service charges from Vietnamese guest workers, or
sending Vietnamese workers abroad without obtaining the license to provide
Vietnamese guest worker services or fulfilling eligibility requirements to send
Vietnamese workers abroad in one of the following forms: enterprises winning
bids or awarded bids for overseas constructions or projects send Vietnamese
workers abroad for working, entities making outward investments send Vietnamese
workers abroad for working, or enterprises send Vietnamese workers abroad for
attending training or retraining courses aimed to improve their vocational
competence and skills;
b) Forcing,
persuading, inciting or tricking Vietnamese workers into illegal stay in
foreign countries, if not liable to criminal prosecution;
c) Forging the
license to provide Vietnamese guest worker services if not liable to criminal
prosecution.
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4. Additional
penalties
The exhibits and
instrumentalities for committing the violation in Point c Clause 2 of this
Article, which are forged licenses to provide Vietnamese guest worker services,
shall be confiscated.
5. Remedial measures
The entity that
commits the violation specified in Point a Clause 2 or Clause 3 of this Article
is compelled to return the amounts of money illegally collected from workers
plus the interest on such amounts, which is calculated at the highest rate of
the demand deposit interest rates publicly quoted by state-owned commercial
banks on the date of penalty imposition, to workers.
Chapter
V
POWER
TO IMPOSE ADMINISTRATIVE PENALTIES AND POWER TO MAKE RECORDS OF ADMINISTRATIVE
VIOLATIONS; PROCEDURES FOR IMPOSING PENALTIES; ENFORCEMENT OF PENALTIES AND
REMEDIAL MEASURES AGAINST VIOLATIONS IN THE FIELDS OF LABOUR, SOCIAL INSURANCE,
AND VIETNAMESE GUEST WORKERS
Section
1. POWER TO IMPOSE ADMINISTRATIVE PENALTIES AND MAKE RECORDS OF VIOLATIONS
Article
47. Power to make records of administrative violations
The following
officers shall have the power to make records of the administrative violations
prescribed herein:
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2. Public officials
and employees, and officers of people’s army or people's public security forces
that are performing inspection tasks relating to labour, social insurance, and
Vietnamese guest workers according to legislative documents or administrative
documents issued by competent authorities or persons.
Article
48. Power to impose penalties of Chairpersons of People’s Committees
1. Chairpersons of
Communal-level People’s Committees shall have the power to impose warnings or
fines up to VND 5.000.000 for the administrative violations in the fields of
labour, social insurance and Vietnamese guest workers specified in Chapter II,
Chapter III and Chapter IV of this Decree.
2. Chairpersons of
District-level People’s Committees shall have the power to:
a) Issue warning;
b) Impose fines up
to VND 37.500.000 for the administrative violations in the fields of labour and
social insurance specified in Chapter II, Chapter III of this Decree, except
the violations in Clause 3 Article 32 of this Decree.
c) Impose fines up
to VND 50.000.000 for the administrative violations in the field of Vietnamese
guest workers specified in Chapter IV of this Decree;
d) Impose additional
penalties specified in Chapter II, Chapter III and Chapter IV of this Decree, except
those specified in Clause 5 Article 32 of this Decree;
dd) Impose the
remedial measures specified in Chapter II, Chapter III and Chapter IV of this
Decree.
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a) Issue warning;
b) Impose fines up
to VND 75.000.000 for the administrative violations in the fields of labour and
social insurance specified in Chapter II, Chapter III of this Decree, except
the violations in Clause 3 Article 32 of this Decree;
c) Impose fines up
to VND 100.000.000 for the administrative violations in the field of Vietnamese
guest workers specified in Chapter IV of this Decree;
d) Impose additional
penalties specified in Chapter II, Chapter III and Chapter IV of this Decree,
except those specified in Clause 5 Article 32 of this Decree;
dd) Impose the
remedial measures specified in Chapter II, Chapter III and Chapter IV of this
Decree.
Article
49. Power to impose penalties of labour inspectors
1. On-duty labour
inspectors and persons assigned to carry out specialized inspections shall have the power to impose warnings or fines up
to VND 500.000 for the administrative violations in the fields of labour,
social insurance and Vietnamese guest workers specified in Chapter II, Chapter
III and Chapter IV of this Decree.
2. Chief
Inspectors of Departments of Labour, War
Invalids and Social Affairs shall have the power to:
a) Issue warning;
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c) Impose fines up
to VND 50.000.000 for the administrative violations in the field of Vietnamese
guest workers specified in Chapter IV of this Decree;
d) Impose additional
penalties specified in Chapter II, Chapter III and Chapter IV of this Decree,
except those specified in Clause 5 Article 32 of this Decree;
dd) Impose the
remedial measures specified in Chapter II, Chapter III and Chapter IV of this
Decree.
3. Chief Inspector
of the Ministry of Labour, War Invalids and Social Affairs shall have the power
to:
a) Issue warning;
b) Impose fines up
to VND 75.000.000 for the administrative violations in the fields of labour and
social insurance specified in Chapter II, Chapter III of this Decree, except
the violations in Clause 3 Article 32 of this Decree;
c) Impose fines up
to VND 100.000.000 for the administrative violations in the field of Vietnamese
guest workers specified in Chapter IV of this Decree;
d) Impose additional
penalties specified in Chapter II, Chapter III and Chapter IV of this Decree,
except those specified in Clause 5 Article 32 of this Decree;
dd) Impose the
remedial measures specified in Chapter II, Chapter III and Chapter IV of this
Decree.
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a) Issue warning;
b) Impose fines up
to VND 52.500.000 for the administrative violations in the fields of labour and
social insurance specified in Chapter II, Chapter III of this Decree, except
the violations in Clause 3 Article 32 of this Decree;
c) Impose fines up
to VND 70.000.000 for the administrative violations in the field of Vietnamese
guest workers specified in Chapter IV of this Decree;
d) Impose additional
penalties specified in Chapter II, Chapter III and Chapter IV of this Decree,
except those specified in Clause 5 Article 32 of this Decree;
dd) Impose the
remedial measures specified in Chapter II, Chapter III and Chapter IV of this
Decree.
5. Heads of labour
inspection teams of provincial-department level and those established by
regulatory authorities in charge of performing specialized inspections of
issues concerning labour, social insurance and Vietnamese guest workers shall
have the power to:
a) Issue warning;
b) Impose fines up
to VND 37.500.000 for the administrative violations in the fields of labour and
social insurance specified in Chapter II, Chapter III of this Decree, except the
violations in Clause 3 Article 32 of this Decree.
c) Impose fines up
to VND 50.000.000 for the administrative violations in the field of Vietnamese
guest workers specified in Chapter IV of this Decree;
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dd) Impose the
remedial measures specified in Chapter II, Chapter III and Chapter IV of this
Decree.
Article
50. Power to impose penalties of Director General of Department of Overseas
Labour
The Director General
of Department of Overseas Labour shall have the power to:
1. Impose fines up
to VND 100.000.000 for the administrative violations in the field of Vietnamese
guest workers specified in Chapter IV of this Decree.
2. Impose additional
penalties specified in Chapter IV of this Decree.
3. Impose the
remedial measures specified in Chapter IV of this Decree.
Article
51. Power to impose penalties of Director General of Department of Work safety
The Director General
of the Department of Work Safety shall have the power to:
1. Impose fines up
to VND 75.000.000 for the administrative violations prescribed in Article 18,
Articles 20 through 27, Point b Clause 7 Article 39, and Clause 8 Article 39 of
this Decree.
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3. Impose the
remedial measures specified in Articles 22, 23, 25, 26, 27, and Clause 10
Article 39 of this Decree.
Article
52. Power to impose penalties of social insurance authorities
1. Directors of
provincial-level social insurance authorities shall have the power to:
a) Impose fines up
to VND 37.500.000 for the violations against regulations on payment of social
insurance and unemployment insurance premiums specified in Clauses 1, 3, 4, 5,
6, 7 Article 39, Point a Clause 1 Article 40 of this Decree;
b) Impose the
remedial measures specified in Clause 10 Article 39, Clause 3 Article 40 of
this Decree.
2. The General
Director of Vietnam Social Security shall have the power to:
a) Impose fines up
to VND 75.000.000 for the violations against regulations on payment of social
insurance and unemployment insurance premiums specified in Clauses 1, 3, 4, 5,
6, 7 Article 39, Point a Clause 1 Article 40 of this Decree;
b) Impose the
remedial measures specified in Clause 10 Article 39, Clause 3 Article 40 of
this Decree.
3. Heads of
specialized inspection teams established by the General Director of Vietnam
Social Security shall have the power to:
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b) Impose the
remedial measures specified in Clause 10 Article 39, Clause 3 Article 40 of
this Decree.
Article
53. Power to impose penalties of people’s public security forces
1. Communal-level
Police Chiefs, Heads of Police Posts, Heads of Police Stations at border gates,
export processing zones, Heads of International Airport Police Offices, Majors
of Mobile Police Battalions, and Captains of Squadrons shall have the power to
impose fines up to VND 2.500.000 for the violations specified in Point d Clause
1 Article 8 and Clause 2 Article 34 of this Decree.
2. Heads of
district-level police agencies, heads of operations divisions affiliated to the
Police Department for Administrative Management of Social Order, heads of
operations divisions affiliated to the Immigration Department, and heads of
provincial-level police agencies, including: Police Divisions for
Administrative Management of Social Order, Investigation Police Divisions on
Social Order-related Crimes, Investigation Police Divisions on Corruption,
Economic and Smuggling Crimes, and Immigration Divisions, shall have the power
to impose fines up to VND 15.000.000 for the violations specified in Point d
Clause 1 Article 8 and Clause 2 Article 34 of this Decree.
3. Directors of
Provincial-level Police Departments shall have the power to:
a) Impose fines up
to VND 37.500.000 for the violations specified in Point d Clause 1 Article 8,
Clause 3 Article 11, Point a Clause 3 Article 19, Point dd Clause 3 Article 21,
Article 31, Clause 3 Article 32, Clause 2 Article 34, Clause 3 Article 35 of
this Decree;
b) Impose additional
penalties specified in Clause 5 Article 32 of this Decree;
c) Impose the
remedial measures specified in Point c Clause 4 Article 19 of this Decree.
4. Directors of the Police
Department for Administrative Management of Social Order, the Investigation
Police Department for Social Order-related Crimes and the Immigration
Department shall have the power to:
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b) Impose fines up
to VND 100.000.000 for the violations specified in Points a, b, c, e, g, h
Clause 9 Article 42, Points a, b, c Clause 8 Article 43, Points a, b, c Clause
7 Article 44, Points a, c Clause 6 Article 45, Clause 1, Clause 2 Article 46,
and the act of harming honor or dignity of Vietnamese workers who are sent
abroad for working specified in Point d Clause 9 Article 42 of this Decree;
c) Impose additional
penalties specified in Clause 7 Article 7, Clause 9 Article 43, Clause 8
Article 44, and Clause 4 Article 46 of this Decree;
d) Impose the remedial
measures specified in Point b Clause 8 Article 7;], Point c Clause 3 Article
14, Point c Clause 4 Article 19, Point g Clause 14 Article 42, and Clause 5
Article 46 of this Decree.
5. Director of the
Immigration Department shall have the power to impose penalties for the
violations specified in Clause 3 Article 32 and impose the additional penalties
specified in Clause 5 Article 32 of this Decree.
Article
54. Power to impose penalties of coast guard forces
1. On-duty coast
guard officers shall have the power to:
a) Issue warning;
b) Impose fines up
to VND 1.500.000 for the administrative violations specified in Chapter II of
this Decree.
2. Coastguard team
leaders shall have the power to:
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b) Impose fines up
to VND 3.750.000 for the administrative violations specified in Chapter II of
this Decree.
3. Coastguard squad
leaders and captains of coastguard stations shall have the power to:
a) Issue warning;
b) Impose fines up
to VND 7.500.000 for the administrative violations specified in Chapter II of
this Decree;
c) Impose the
remedial measures specified in Point a Clause 1 Article 28 of the Law on
penalties for administrative violations.
4. Commanders of
coastguard platoons shall have the power to:
a) Issue warning;
b) Impose fines up
to VND 15.000.000 for the administrative violations specified in Chapter II,
except the violations in Clause 3 Article 32 of this Decree;
c) Impose the
remedial measures specified in Chapter II of this Decree.
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a) Issue warning;
b) Impose fines up
to VND 22.500.000 for the administrative violations specified in Chapter II,
except the violations in Clause 3 Article 32 of this Decree;
c) Impose the
remedial measures specified in Chapter II of this Decree.
6. Regional Commands
of Coast Guard and Director of the Department of Operations and Legislation
under the control of the High Command of Vietnam Coast Guard shall have
the power to:
a) Issue warning;
b) Impose fines up
to VND 37.500.000 for the administrative violations specified in Chapter II of this
Decree, except the violations in Clause 3 Article 32 of this Decree;
c) Impose additional
penalties specified in Chapter II of this Decree, except those specified in
Clause 5 Article 32 of this Decree;
d) Impose the
remedial measures specified in Chapter II of this Decree.
7. Commander of
Vietnam Coast Guard shall have the power to:
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b) Impose fines up
to VND 75.000.000 for the administrative violations specified in Chapter II,
except the violations in Clause 3 Article 32 of this Decree;
c) Impose additional
penalties specified in Chapter II of this Decree, except those specified in
Clause 5 Article 32 of this Decree;
d) Impose the
remedial measures specified in Chapter II of this Decree.
Article
55. Power to impose penalties of Commanders of Provincial-level Border Guard
Forces, Captains of Naval Border Guard Squadrons, and Director of Department of
Drug and Crime Prevention and Control affiliated to Border Guard High Command
Commanders of
Provincial-level Border Guard Forces, Captains of Naval Border Guard Squadrons,
and Director of Department of Drug and Crime Prevention and Control affiliated
to the Border Guard High Command shall have the power to:
1. Impose fines up
to VND 100.000.000 for the violations specified in Point a Clause 9 Article 42;
Point a Clause 8 Article 43; Point a Clause 7 Article 44; Point a Clause 6
Article 45 of this Decree;
2. Impose additional
penalties specified in Clause 9 Article 43 and Clause 8 Article 44 of this
Decree.
Article
56. Power to impose penalties of heads of diplomatic missions, consular
missions and other authorities
Heads of diplomatic
missions, consular missions and other authorities authorized to perform
consular functions of the Socialist Republic of Vietnam in foreign countries
shall have the power to:
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Article
57. Delegation of authority to impose penalties
1. The officers
competent to impose penalties prescribed in Article 48, Clauses 2, 3 Clause 49,
Articles 50 through 56 of this Decree may assign their deputies to exercise the
power to impose penalties for administrative violations.
2. The delegation of
authority to impose penalties specified in Clause 1 of this Article must comply
with in accordance with regulations of laws in force.
Section
2. PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES
Article
58. Procedures for imposing administrative penalties
1. Procedures for
imposing penalties for administrative violations against regulations on labour,
social insurance, and Vietnamese guest workers shall comply with the Law on
penalties for administrative violations, its guiding documents, Clause 2 of
this Article and Article 59 of this Decree.
2. When detecting
any acts of forging licenses, certificates or certifications, forging documents
or papers issued by regulatory authorities or organizations as prescribed in
Points d, dd Clause 5, Clause 6 Article 7, Points e, g Clause 6, Clause 7
Article 13, Point d Clause 2, Point d Clause 3, Clause 4 Article 25, Point dd
Clause 1, Clause 5, Clause 6 Article 26, Point h Clause 9 Article 42, Point c
Clause 2 Article 46 of this Decree, the officers competent to handle the case
shall immediately transfer the case file to the relevant criminal proceedings
agency to initiate criminal prosecution as prescribed in Article 62 of the Law
on penalties for administrative violations. If the criminal proceedings agency
decides not to initiate criminal prosecution, the case file shall be
transferred to the officer competent to impose penalties for that administrative
violation as prescribed in Clause 3 Article 62 of the Law on penalties for
administrative violations for imposing suitable administrative penalties as
prescribed in this Decree.
Article
59. Procedures for imposing penalties upon workers committing violation in
Clause 1 Article 46 of this Decree
1. Chairpersons of
People’s Committees, Chief Inspectors of Ministries, Director General of
Department of Overseas Labour, and heads of diplomatic missions, consular
missions and other authorities authorized to perform consular functions of
Vietnam in foreign countries (hereinafter referred to as “officer competent to
impose penalties”), officials and public employees that are performing
inspection of issues concerning Vietnam guest workers according to legislative
documents or administrative documents issued by competent authorities or
persons shall make records of administrative violation regarding the worker’s
act of illegally staying in the foreign country after his/her employment
contract or vocational training contract has expired without any threat or
force, if not liable to criminal prosecution, on one of the following grounds:
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b) The officer
competent to impose penalties receives a written notice from a competent
authority or organization of the host country of the violation committed by the
worker;
c) The officer
competent to impose penalties receives a written notice from the foreign
employer of the violation committed by the worker. The accuracy of the received
notice must be considered and verified before making record of violation.
2. The records of
administrative violations shall be made in accordance with the Law on penalties
for administrative violations and the Government’s Decree providing guidelines
for implementation of the Law on penalties for administrative violations.
3. After the record
of violation is made, it must be transferred to the violating worker and immediately
transferred to the officer competent to impose penalties in charge of the place
of residence of the violating worker to issue a penalty imposition decision as
prescribed.
4. Penalty
imposition decisions shall be issued according to Articles 66, 67 and 68 of the
Law on penalties for administrative violations.
Section
3. ENFORCEMENT OF PENALTIES AND REMEDIAL MEASURES
Article
60. Enforcement of administrative penalties
1. Enforcement of
penalties for administrative violations against regulations on labour, social
insurance, and Vietnamese guest workers shall comply with the Law on penalties
for administrative violations, its guiding documents, and Clauses 2, 3, 4 of
this Article.
2. The person
issuing the penalty imposition decision shall send a copy of the penalty
imposition decision to:
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b) The person
competent to issue labour outsourcing license in respect of any of the
violations in Points a, b, d, dd, e, g, h Clause 6 Article 13 of this Decree;
c) The authority
competent to issue certificate of eligibility to provide OSH training in
respect of the violation in Point c or d Clause 2, or Point c or d Clause 3
Article 25 of this Decree;
d) The authority
competent to issue certificate of eligibility to provide technical safety
inspection services in respect of the violation in Point d or dd Clause 1, or
Clause 6 Article 26 of this Decree;
dd) The Minister of
Labor, War Invalids and Social Affairs in respect of the violation in Point a
or b Clause 5, Clause 6, Point a, b, dd, e, g or h Clause 9, Point a, b, or c
Clause 10 Article 42 of this Decree.
3. If the worker
incurring fines is staying in a foreign country, he/she may pay fines at the
Vietnamese diplomatic mission or consular mission in that foreign country.
4. Fines must be
paid in VND. If a fine is paid in a foreign currency, it shall be converted
into VND at the exchange rate announced by a commercial bank at the date of
penalty imposition.
Article
61. Enforcement of remedial measures
The enforcement of
the remedial measures specified in this Decree shall comply with the Law on
penalties for administrative violations and its guiding documents.
Chapter
VI
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Article
62. Effect
1. This Decree comes
into force from January 17, 2022.
2. The Government’s
Decree No. 28/2020/ND-CP dated March 01, 2020 prescribing penalties for
administrative violations against regulations on labour, social insurance, and
Vietnamese guest workers shall be null and void from the effective date of this
Decree.
Article
63. Transition
Regulations herein
shall apply to consideration of the administrative violations in the fields of
labour, social insurance, and Vietnamese guest workers which have been detected
before the effective date of this Decree but are put under consideration if
this Decree does not provide for legal liability or impose less serious legal
liability.
Article
64. Responsibility for guidance and implementation
1. The Minister of
Labor, War Invalids and Social Affairs shall provide guidelines and inspect the
implementation of this Decree.
2. Ministers, heads
of ministerial agencies, heads of Governmental agencies and Chairpersons of
provincial-level People’s Committees shall implement this Decree.
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ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Vu Duc Dam