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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 28/2020/ND-CP
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Hanoi, March 1,
2020
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DECREE
ADMINISTRATIVE
PENALTIES FOR VIOLATIONS ARISING FROM LABOR, SOCIAL INSURANCE AND SENDING VIETNAMESE
WORKERS ABROAD UNDER CONTRACTS
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Administrative Penalties
dated June 20, 2012;
Pursuant to the Labor Code dated June 18, 2012;
Pursuant to the Law on Employment dated November
16, 2013;
Pursuant to the Law on Occupational Safety and
Hygiene dated June 25, 2015;
Pursuant to the Law on Trade Unions dated June
20, 2012;
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Pursuant to the Law on Vietnamese Workers
Working under Employment Contracts in Foreign Countries dated November 29,
2006;
Upon the request of the Minister of Labor, War
Invalids and Social Affairs;
The Government hereby promulgates the Decree on
administrative penalties for violations arising from labor, social insurance
and sending Vietnamese workers abroad under contracts.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes identification of
violations, sanctioning forms, levels, relief measures, sanctioning competence,
competence to issue penalty notices and procedures for sanctioning
administrative violations arising from labor, social insurance and sending
Vietnamese workers to work abroad under contracts.
Article 2. Subjects of
application
1. Employers, workers and other individuals and
organizations committing administrative violations in the field of labor,
social insurance, sending Vietnamese workers to work abroad under contracts as
provided in this Decree.
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3. Other agencies, organizations and individuals
involved in the sanctioning of administrative violations as prescribed in this
Decree.
Article 3. Sanctioning forms
1. Organizations and individuals that commit acts
of administrative violations in the field of labor, social insurance, sending
Vietnamese workers to work abroad under contracts, shall be sanctioned in the
form of principal sanctions, including warning or monetary sanction or charge.
2. Depending on the nature and degree of violation,
the violating individual or organization may be subject to one or multiple
supplementary penalties as follows:
a) Depriving violating licensees of the right to
hold labor subleasing licenses for a period of between 1 and 3 months or
between 06 and 12 months;
b) Depriving violating inspectors of the right to
use the Certificate of Inspector from 01 month to 03 months
c) Confiscating labor sublease licenses;
d) Confiscating certificates of eligibility for
training in occupational safety and hygiene;
dd) Confiscating the certificate of eligibility to
provide occupational safety inspection services;
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g) Suspending training activities for the period
from 01 month to 03 months;
h) Suspending inspection activities for the period
from 01 month to 03 months;
i) Suspending environmental observation activities
for the period from 03 months to 06 months;
k) Suspending activities related to sending workers
abroad for the period of between 1 month and 03 months, or between 04 months
and 06 months, or between 06 months and 12 months;
l) Suspending labor supply contracts for the period
of between 01 month and 03 months, or between 03 months and 06 months, or
between 06 months and 12 months;
m) Expelling foreign workers working in Vietnam.
Article 4. Mitigation and
relief measures
In addition to the sanctioning forms specified in
Article 3 herein, individuals and organizations committing administrative
violations may also be subject to one or several of the following remedies:
1. Compelling offenders to return the money
collected to employees.
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3. Compelling offenders to return travel documents
to domestic workers.
4. Compelling offenders to return the amount of
money or property that has been seized or impounded from employees, plus the
amount of interest on the money seized or impounded from these employees.
5. Compelling offenders to submit illicit gains
arising from carrying out labor subleasing activities.
6. Compelling offenders to submit illicit gains
from conducting acts of abusing vocational training and apprenticeship to make
profits, exploit labor force, entice or force vocational trainees or
apprentices to perform illegal activities.
7. Compelling offenders to reimburse production and
business establishments hiring occupational safety and sanitation training
services for training expenses plus interest on such expenses.
8. Compelling vocational training institutions to
return the ill-gotten money into the state budget.
9. Compelling offenders to reimburse employees for
the employee's compulsory social insurance premiums and their interest.
10. Compelling offenders to conclude labor
contracts with employees or conclude authorized labor contracts with employees.
11. Compelling offenders to conclude written
employment contracts with domestic workers.
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13. Compelling offenders to pay wages and salaries
in full.
14. Compelling offenders to pay wages and salaries
in full plus interest on late payment or insufficient payment of wages or
salaries.
15. Compelling payment of wages to employees during
those days when they have not reinstated employees after the expiry of the
period of temporary suspension of labor contract performance.
16. Compelling labor subleasing enterprises to pay
wage or salary differentials to employees.
17. Compelling offenders to pay apprentices or
other occupational trainees when committing acts of failure to pay apprentices
or vocational trainees during the period of apprenticeship or vocational
training who directly produce or take part in manufacturing of conforming
products.
18. Compelling offenders to make full payment of
wages or salaries to employees during the period of temporary suspension of
their work.
19. Compelling offenders to pay employees wages and
salaries during the temporary closure of their workplace.
20. Compelling offenders to pay wages and salaries
to part-time trade union workers during their duty period.
21. Compelling offenders to offer overtime pay to
employees.
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23. Compelling offenders to get employees back to
work.
24. Compelling offenders to get employees back to work
and fully pay them wages and salaries accruing during the day-off period.
25. Compelling offenders to get workers back to
work and fully pay wages, salaries, social insurance and health insurance
contributions during those days when workers are not allowed to work.
26. Compelling offenders to issue public apology to
employees and fully pay treatment costs and salaries to employees during the
treatment period if such infringement causes injury to the employee's body to
the extent that he or she must be treated at health facilities.
27. Compelling offenders to make full payment of
severance or unemployment allowances to employees, plus interest on the amount
not yet paid.
28. Compelling offenders to make full payment in
proportion to the rates of social insurance, health insurance, unemployment
insurance and annual leave allowances to employees.
29. Compelling offenders to repay employees
perquisites converted into cash at the prescribed rates.
30. Compelling offenders to pay travel costs to
domestic workers.
31. Compelling full payment of social insurance and
health insurance contributions to social insurance policies of domestic
workers.
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33. Compelling offenders to pay employees pension
and compensation amounts, plus the amounts of interests on these payments.
34. Compelling violating employers to pay
co-payments and other expenses not on the list of expenses covered by health
insurance to health insurance-protected employees suffering from occupational
accidents and diseases.
35. Compelling violating employers to pay all
charges for services ranging from first aid, emergency care to stabilization to
workers suffering from occupational accidents and diseases without being
protected by health insurance.
36. Compelling violating employers to pay costs of
medical examination for assessment of the level of incapacity to work for cases
in which it is concluded that the affected employee’s capacity to work is
decreased by less than 5% after the employer recommends him/her to take medical
examination for assessment of his/her capacity to work at Medical Examination
Council.
37. Compelling cancellation of training results
that have already been provided.
38. Compelling cancellation of results of
inspection and repayment of inspection costs, plus the amount of interest
thereon.
39. Compelling offenders to ensure provision of all
working conditions necessary for operations of trade unions, and spare time
needed for trade union officers.
40. Enforcing compulsory rectification of incorrect
information.
41. Compelling offenders to assure collective
interests and benefits for full-time trade union officers which are the same as
other workers in the same organization.
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43. Compelling offenders to pay back social
insurance benefits and unemployment allowance amounts already received to
social security authorities.
44. Compelling offenders to make full payments to
the Overseas Employment Support Fund in accordance with regulations in force.
45. Enforcing provision of escrow deposits in
accordance with laws.
46. Enforcing vocational training institutions to
provide vocational training courses for the full duration of the course that
employees participating in unemployment insurance have enrolled.
47. Enforcing the fostering of occupational skills,
foreign languages and knowledge necessary for employees or reimbursement of
employee’s training fees paid by employees (if any).
48. Compelling offenders to repatriate workers at
the request of the host country or Vietnamese competent authorities.
49. Enforcing repatriation of offenders.
50. Enforcing retrospective payment of compulsory
social insurance and unemployment insurance premiums which are overdue, unpaid
or are not paid due to evasion of payment obligations.
51. Enforcing payment of the amount of interest charged
for the amount overdue, unpaid or not yet paid due to evasion of payment
obligations, which is calculated by using the interest rate that is 2 times
higher than the average interest rate of investment in the social insurance
fund in the preceding year.
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1. The fines imposed on violations specified in
Chapter II, Chapter III and Chapter IV of this Decree are those imposed on
individuals, except for the cases specified in Clauses 1 and 2, Article 6;
Clauses 3, 4 and 6, Article 12; Clause 2, Article 24; Clause 1, Article 25;
Clauses 1, 5, 6 and 7, Article 26; Clause 5, Article 40; Clauses 1, 2, 3, 4 and
5 of Article 41; Clauses 2 and 4 of Article 42; Clauses 1 and 2, Article 43;
Clauses 1, 2 and 3 of Article 44; Clauses 1, 2, 3 and 4, Article 45 of this
Decree The amount of monetary penalty imposed on violating entities shall be 02
times higher than that imposed on violating persons.
2. Authority to impose administrative penalties
specified in Chapter V herein is the authority to impose penalties on violating
individuals. In case of imposition of a monetary penalty, authority to impose
such penalty on a violating entity shall be 02 times higher than on a violating
individual.
3. Violating entities subject to a fine two times
higher than that imposed on violating individuals as prescribed in this Decree
shall include the followings:
a) State regulatory authorities committing acts of
violation, except for cases under their delegated state management;
b) Enterprises established and operating under
Vietnamese laws; branches and representative offices of foreign enterprises
operating in Vietnam;
c) Cooperatives or cooperative associations;
d) Public service provider units;
dd) Socio-political organizations, political and
socio-professional organizations, social organizations and socio-professional
organizations;
e) Diplomatic missions, consular offices,
representative offices of international organizations belonging to the United
Nations system, regional and sub-regional organizations;
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h) International organizations, intergovernmental
organizations, organizations belonging to foreign governments;
i) Non-governmental organizations;
k) Not-for-profit representative offices in Vietnam
of foreign economic, commercial, financial, banking, insurance, scientific -
technical, cultural, educational, medical and legal counseling organizations;
l) Educational institutions, vocational education
establishments, healthcare facilities and socio-cultural establishments.
Chapter II
VIOLATING ACTS, PENALTY
FORMS, RELIEF OR MITIGATION MEASURES AGAINST VIOLATIONS ARISING IN THE LABOR
SECTOR
Article 6. Violation against
regulations on employment services
1. A fine from VND 500,000 to VND 1,000,000 shall
be imposed on employment service providers that inform employment service
activities in breach of laws.
2. A fine from VND 10,000,000 to VND 20,000,000
shall be imposed upon any employment service provider that provides false or
misleading information about employee’s job positions.
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4. Relief and mitigative measures
Compelling offenders committing the violations
prescribed in Clause 3 of this Article to pay back collected amounts to
employees.
Article 7. Violations arising
from employee recruitment and management
1. Imposing the fine ranging from VND 1,000,000 to
VND 3,000,000 on employers that commit one of the following violations:
a) Failing to publicly announce the recruitment
result, or making notification of the recruitment result after 05 working days
from the day on which the result is available;
b) Failing to report hiring and placement of
employees as required in regulations in force to Departments or Sub-departments
of Labor – War Invalids and Social Affairs (with regard to employers working in
industrial parks) at places where head offices, branches and representative
offices of these violating employers are located;
c) Failing to report any change in the number of
employees to Departments or Sub-departments of Labor – War Invalids and Social
Affairs (with regard to employers working in industrial parks) at places where
head offices, branches and representative offices of these violating employers
are located;
d) Collecting money from job candidates;
dd) Failing to make employment record books; making
employment record books late, failing to include basic contents prescribed by law
in these record books; failing to record and enter all information about
employees into these books from the effective date of labor contract; failing
to give updates in case of any change in these books.
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3. Relief and mitigative measures
Compelling offenders committing the violations
prescribed in point d of Clause 1 of this Article to pay back collected amounts
to employees.
Article 8. Violations against
regulations on conclusion of employment contracts
1. Imposing fines on employers that commit one of
the following violations: Failing to enter into a written labor contract with
respect to jobs with a term of full 3 months or more; failing to enter into the
right type of labor contract with workers; entering into a labor contract
without fully covering the major contents of the labor contract; concluding
labor contracts in case of hiring an employee to hold office as a director in
an enterprise with State capital not prescribed by law at one of the following
rates of fine:
a) A fine ranging from VND 2,000,000 to VND
5,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 5,000,000 to VND
10.000.000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 10,000,000 to VND
15,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 15,000,000 to VND
20,000,000 to be imposed if the violation involves 101 – 300 employees;
d) A fine ranging from VND 20,000,000 to VND
25,000,000 to be imposed if the violation involves 301 or more employees.
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a) Keeping originals of identification papers,
diplomas and certificates of employees when concluding or performing labor
contracts;
b) Requiring employees to put up money or other
property as security for discharge of their contractual obligations;
c) Concluding employment contracts with persons
aged from 15 to under 18 without written consent from their legal
representatives.
3. Relief and mitigative measures
a) Compelling return of employee’s original
identification papers, diplomas or certificates that employers committing the
violations specified at Point a, Clause 2 of this Article have already kept in
custody.
b) Compelling repayment of the amount of money or
return of assets of employees that are held in custody of employers committing
the violations specified at Point b of Clause 2 of this Article, plus the
amount of interest on such money on which the highest interest rates on demand
deposits publicly quoted by state-owned commercial banks are charged;
c) Compelling conclusion of the right type of
employment contract with employees as a penalty for acts of failing to conclude
the right type of labor contracts with employees as defined in Clause 1 of this
Article.
Article 9. Violation against
regulations on probation
1. Imposing fines ranging from VND 500,000 to VND
1,000,000 on employers that commit one of the following violations:
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b) Failing to notify probationary work results as
prescribed by law.
2. Imposing fines ranging from VND 2,000,000 to VND
5,000,000 on employers that commit one of the following violations:
a) Requiring workers to take probation on the same
job vacancy more than once;
b) Having workers take probation for a period
longer than permitted;
c) Paying wages to probationary employees at the
rate of less than 85% of the minimum pay rates applied to work that they are
offered;
d) Failing to conclude employment contracts with
employees who keep working after their probation period.
3. Relief and mitigative measures
a) Compelling employers committing the violations
specified at Point a of Clause 1 and Points a, b, c and d of Clause 2 of this Article
to make full payment of wages to affected employees;
b) Compelling employers committing the violations
specified at Point d of Clause 2 of this Article to conclude labor contracts
with affected employees.
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1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed upon any employer that commits an act of temporary
transfer of an employee to another job position not specified in the employment
contract without 3 days’ prior notice or clear notification of the duration of
such temporary transfer, or placement of jobs not suitable to the employee’s
health and gender.
2. Imposing fines ranging from VND 3,000,000 to VND
7,000,000 on employers that commit one of the following violations:
a) Placing employees in jobs at places other than
the ones agreed in labor contracts, except for the cases specified in Article
31 in the Labor Code;
b) Refusing to give back work to employees after
expiry of the period of temporary suspension of labor contracts, unless
otherwise agreed upon between employers and employees;
c) Transferring employees to take up jobs other
than those specified in labor contracts for improper reasons, for or in the
incorrect duration, or without written consent from employees according to the
provisions of law.
3. If employers coerce or maltreat employees to the
extent of not being subject to criminal prosecutions, they will be fined from
VND 50,000,000 to VND 75,000,000.
4. Relief and mitigative measures
Compelling employers committing the violations
specified in point b of clause 2 of this Article to make payment of wages to
employees during those days when they have not reinstated employees after the
expiry of the period of temporary suspension of labor contracts.
Article 11. Violations against
regulations on modification, revision or termination of employment contracts
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a) A fine ranging from VND 1,000,000 to VND
2,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 2,000,000 to VND
5,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 5,000,000 to VND
10,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 10,000,000 to VND
15,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 15,000,000 to VND
20,000,000 to be imposed if the violation involves 301 or more employees.
2. Imposing fines ranging from VND 5,000,000 to VND
10,000,000 on employers that commit one of the following violations:
a) Laying off 02 or more employees without
consulting with internal employee representation associations or without
informing provincial labor authorities at least 30 days in advance in case of
any change in organization structure, technology or for financial reasons;
b) Failing to make employee placement plans as
prescribed by law.
3. Relief and mitigative measures
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b) Compelling completion of procedures for giving
endorsement and returning other papers that have been kept in custody to
employees with respect to acts of failing to complete procedures for giving
endorsement and returning other papers of employees held in custody after
contract termination according to Clause 1 of this Article.
Article 12. Violations against
labor sublease regulations
1. Imposing fines ranging from VND 1,000,000 to VND
3,000,000 on sub-lessee employers that commit one of the following violations:
a) Failure to inform or instruct re-employed
employees about labor and other regulations of the employer's enterprise;
b) Discrimination regarding working conditions in
which re-hired employees are less preferred than other employees of the
employer unit.
2. Imposing fines ranging from VND 40,000,000 to
VND 50,000,000 on sub-lessee employers that commit one of the following
violations:
a) Re-hiring employees to perform activities that are
not on the list of job duties permitted for labor sublease;
b) Signing labor sublease contracts with labor
sub-lessors that are not licensed to provide manpower outsourcing services;
c) Re-hiring employees when the labor sub-lessee
employer is involved in any labor-related dispute or strike, or re-hiring
employees to replace those who are exercising their rights to go on strike or
are having their labor disputes settled;
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3. Imposing fines ranging from VND 1,000,000 to VND
3,000,000 on sub-lessor enterprises that commit one of the following
violations:
a) Failing to make a clear record of the number of
re- hired employees, sub-lessor employers and labor sublease fees;
b) Failing to make a labor sublease report under
laws;
c) Failing to publicly post the original of the
labor sublease license at the head office and the certified true copy of the
original of such license at any branch or representative office of the
sub-lessor enterprise;
d) Failing to send a report in time in case of an
incident related to labor outsourcing activities to local competent state
authorities or at the request of state labor regulatory authorities.
4. Imposing fines on sub-lessor enterprises that
commit one of the following violations: Paying wages to re-hired employees at a
lower rate than other employees holding the same qualification, doing the same
job or the work of equal value at the sub-lessee party; failing to notify or
untruthfully notify the employee of terms and conditions of the labor sublease
contract; subleasing employees of their own accord without receiving any mutual
consent from the employee, at the following rates of fine:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 20,000,000 to VND
40,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 40,000,000 to VND
60,000,000 to be imposed if the violation involves 51 – 100 employees;
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dd) A fine ranging from VND 80,000,000 to VND
100.000.000 to be imposed if the violation involves 301 or more employees.
5. Imposing the fine ranging from VND 50,000,000 to
VND 75,000,000 for one of the following violations:
a) Providing labor sublease services without any
license;
b) Transferring re-hired employees to other
employers;
c) Using an expired labor sublease license to
provide labor sublease services.
6. Imposing fines ranging from VND 80,000,000 to
VND 100,000,000 on sub-lessor enterprises that commit one of the following
violations:
a) Letting enterprises, organizations or
individuals use their labor sublease licenses to provide labor outsourcing
services;
b) Re-hiring employees to perform activities that
are not on the list of job duties permitted for labor sublease;
c) Subleasing employees for the duration exceeding
12 months;
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dd) Tampering with information shown on the labor
sublease license that has already been granted to the extent of not being
subject to criminal prosecution.
7. Supplemental penalties
a) Imposing the penalty in the form of deprivation
of the rights to use labor sublease licenses for a period between 1 month and
03 months for acts of violations specified in Points c, d and dd of Clause 4 of
this Article;
b) Imposing the penalty in the form of deprivation
of the rights to use labor sublease licenses for a period between 6 months and
12 months for acts of violations specified in points a, b, c and d of Clause 6
of this Article;
c) Imposing the penalty in the form of confiscation
of labor sublease licenses already granted for acts of violations specified in
point dd of clause 6 of this Article.
8. Relief and mitigative measures
a) Compelling sub-lessor enterprises committing
violations specified in clause 4 of this Article to pay wage or salary
differentials to their employees;
b) Compelling offenders committing violations
specified in Clause 5 of this Article to repay ill-gotten gains from labor
subleasing activities to the state budget.
Article 13. Violations against
regulations on training, occupational qualification and skill development
courses
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a) A fine ranging from VND 500,000 to VND 2,000,000
to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 2,000,000 to VND
5,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 5.000.000 to VND
10,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 10,000,000 to VND
15,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 15,000,000 to VND
20,000,000 to be imposed if the violation involves 301 or more employees.
2. Imposing fines ranging from VND 20,000,000 to
VND 25,000,000 on employers that commit one of the following violations:
a) Taking advantage of vocational training and
apprenticeship to make an illicit profit, exploit labor or entice or force
apprentices or job trainees to illegal activities;
b) Recruiting people under 14 years old to
apprenticeship or job training, except for occupations and jobs permitted by
law.
3. Relief and mitigative measures
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b) Compelling offenders committing violations
prescribed in point a of clause 2 of this Article to repay illicit gains from
conducting acts of abusing vocational training and apprenticeship to make
profits, exploit labor force, entice or force vocational trainees or
apprentices to perform illegal activities.
Article 14. Violations against
workplace conversation regulations
1. Imposing fines ranging from VND 500,000 to VND
1,000,000 on employers that commit one of the following violations:
a) Failing to carry out grassroots democracy
regulations;
b) Failing to provide location and other physical
accommodation for workplace conversations.
2. Imposing the fine ranging from VND 2,000,000 to
VND 5,000,000 on employers that fail to carry out conversations at workplace
that representatives from labor collectives require.
Article 15. Violations against
regulations on collective bargaining or collective bargaining agreements
1. Imposing fines ranging from VND 500,000 to VND
1,000,000 on employers that commit one of the following violations:
a) Failing to send collective bargaining agreements
to state regulatory authorities in accordance with regulations;
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c) Failing to publish the contents of collective
labor agreements already signed with employees.
2. Imposing fines ranging from VND 3,000,000 to VND
5,000,000 on employers that commit one of the following violations:
a) Failing to provide information on production and
business performance when being required by labor collectives in order to
proceed to carry out collective bargaining;
b) Failing to carry out collective bargaining to conclude
or amend or supplement collective labor agreements upon receipt of the request
from the demanding party.
3. Imposing the fine ranging from VND 10,000,000 to
VND 15,000,000 on employers that fail to carry out collective bargaining
agreements declared null and void.
Article 16. Violations against
regulations on wages and salaries
1. Imposing fines ranging from VND 2,000,000 to VND
5,000,000 on employers that commit one of the following violations:
a) Failing to publish the pay scales, pay charts,
labor norms and reward rules at the workplace;
b) Failing to make pay record books and present
them to competent authorities upon their request;
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d) Failing to make pay scales, pay charts or labor
norms;
dd) Using pay scales, pay charts or labor norms in
breach of regulations after receipt of opinions about revision and
supplementation thereof from district-level labor authorities;
e) Failing to consult with organizations
representing labor collectives at the grassroots level when formulating pay
scales, pay charts, labor norms and reward rules.
2. Imposing fines on employers that commit one of
the following violations: Making late wage payments; failing to make payment or
making underpayment of wages and salaries to employees in breach of labor
contracts between employers and employees; failing to make payment or make
underpayment of wages to employees working in arduous, hazardous or dangerous
jobs, or extremely arduous, hazardous or dangerous jobs, or jobs requiring
occupational training or education according to regulations of laws; paying
wages at the level lower than the one prescribed in the pay scale and pay chart
submitted to district-level labor authorities; failing to make payment or
making underpayment of wages for overtime work, night-shift work or temporary
work suspension to employees as prescribed by law; deducting wages or salaries
of employees in breach of law provisions; making payment of wages to employees
in breach of regulations in case of temporary transfer of employees to other
jobs not agreed upon in labor contracts, during temporary work suspension or
during strikes, or during the employee’s residual days-off; at the following
rates:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 30,000,000 to VND
40,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 40,000,000 to VND
50,000,000 to be imposed if the violation involves 301 or more employees.
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a) A fine ranging from VND 20,000,000 to VND
30,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 30,000,000 to VND
50,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 50,000,000 to VND
75,000,000 if the violation involves 51 or more workers.
4. Fines shall be imposed upon employers if they
commit acts of failing to pay an extra amount which equals to the amount of
compulsory social insurance, compulsory health insurance, unemployment
insurance, and annual leave allowance to employees who are not required to
participate in compulsory social insurance, compulsory health insurance,
unemployment insurance as prescribed by law at the following rates:
a) A fine ranging from VND 3,000,000 to VND
5,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 5,000,000 to VND
8,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 8,000,000 to VND 12,000,000
to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 12,000,000 to VND
15,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 15,000,000 to VND
20,000,000 to be imposed if the violation involves 301 or more employees.
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a) Compelling the full repayment of wage and salary
plus the amount of late payment interest calculated at the highest demand
deposit interest rates publicly quoted by state-owned commercial banks on the
date of imposition of such penalty for the violations specified in clause 2 and
3 of this Article;
b) Compelling offenders that commit the violations
prescribed in clause 4 of this Article to make full payment in proportion to the
rates of compulsory social insurance, health insurance, unemployment insurance
and annual leave allowance to employees.
Article 17. Violations against
regulations on work and rest time
1. Imposing fines ranging from VND 2,000,000 to VND
5,000,000 on employers that commit one of the following violations:
a) Failing to provide necessary conditions to allow
workers to rest at intervals between working sessions, between working shifts,
or take personal leave, or take unpaid leave as prescribed in existing
regulations;
b) Failing to shorten working hours for employees
in their last working years before their retirement as prescribed by law;
c) Failing to send written notifications of
overtime work totaling between more than 200 and 300 hours a year to competent
authorities assisting People’s Committees of provinces and centrally-affiliated
cities in state management of labor issues.
2. Imposing the fines ranging from VND 10,000,000
to VND 20,000,000 on employers that commit violations against laws on legal
weekly days-off, annual days-off or statutory public holidays or New Year’s
holidays.
3. Imposing fines ranging from VND 20,000,000 to
VND 25,000,000 on employers that commit one of the following violations:
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b) Mobilizing staff and employees to work overtime
without their consent, except for the case in Article 107 of the Labor Code.
4. Fines shall be imposed upon employers who
mobilize their staff to work overtime in excess of the hours prescribed in
point b of clause 2 of Article 106 in the Labor Code, or in excess of 12 hours
each day when working overtime during public holidays, New Year’s holidays, and
weekly days-off, at the following rates:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 20,000,000 to VND
40,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 40,000,000 to VND
60,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 60,000,000 to VND
75,000,000 to be imposed if the violation involves 301 or more employees.
Article 18. Violations against
regulations on labor disciplines and material responsibilities
1. Fines ranging from VND 500,000 to VND 1,000,000
shall be imposed upon employers that fail to publicly notify or display main
contents of labor rules at necessary sites at workplace.
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a) Failing to put written labor rules in use if
they use at least 10 employees;
b) Failing to register labor rules with regulatory
labor authorities at the provincial level;
c) Using labor rules that have not yet been in
effect or has become null and void;
d) Imposing disciplinary actions and paying
compensations for any losses that may arise in accordance with laws;
dd) Temporarily suspending staff or employees in
breach of laws.
3. Imposing the fine ranging from VND 10,000,000 to
VND 15,000,000 on employers that commit one of the following violations:
a) Infringing on the body and dignity of employees
when disciplining staff or employees to the extent of not being liable to
criminal prosecution;
b) Imposing penalties in the form of fines or
salary cuts instead of labor-related disciplinary actions;
c) Disciplining employees who commit violations
that are not prescribed in labor rules;
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4. Relief and mitigative measures
a) Compelling offenders committing the violations prescribed
in point d of Clause 3 of this Article to repay amounts received from or fully
pay wages or salaries to employees;
b) Compelling offenders committing the violations
prescribed in point d of clause 2 and point c of clause 3 of this Article to
reinstate their employees to work and fully pay them wages and salaries
accruing during the period that they are away from work;
c) Compelling employers committing the violations
specified at Point dd of Clause 2 of this Article to make full payment of wages
to employees affected during the period of temporary suspension of work;
d) Compelling offenders committing the violations
prescribed in point a of clause 3 of this Article to issue public apologies to
employees and fully pay medical treatment costs and salaries to employees
during their medical treatment period if any abuse causes bodily injury to
employees to the extent that he or she needs medical care at healthcare
facilities.
Article 19. Violations against
regulations on reporting of labor safety and hygiene at work
1. Fines ranging from VND 500,000 to VND 1,000,000
shall be imposed upon employees failing to submit timely reports to responsible
persons when detecting risks of leading to technical defects that are likely to
threat labor safety, hygiene or result in occupational accidents or diseases.
2. Fines ranging from VND 1,000,000 to VND
3,000,000 shall be imposed upon any employer that fails to report or make
inadequate, inaccurate and late reports on labor safety and hygiene according
to the provisions of law.
3. Fines ranging from VND 5,000,000 to VND
10,000,000 shall be imposed upon employees failing to submit periodic
statistical reports on occupational accidents or technical defects threatening
labor safety, hygiene or resulting in occupational accidents or diseases
according to the provisions of law.
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1. Fines ranging from VND 500,000 to VND 1,000,000
shall be imposed upon any employer failing to make occupational and
environmental hygiene dossiers with respect to harmful factors and occupational
disease prevention and control according to the provisions of law.
2. Imposing fines ranging from VND 5,000,000 to VND
10,000,000 on employers that commit one of the following violations:
a) Failing to formulate, issue and implement plans,
rules and regulations on occupational safety and sanitation at workplace, or
formulating them without consulting with the grassroots trade union executive
committees;
b) Failing to assign departments or persons to take
charge of occupational safety and hygiene or healthcare tasks, or managing to
assign persons to take charge of occupational safety and hygiene or healthcare
tasks who do not meet all of the requirements prescribed by law;
c) Failing to run adequate first aid and emergency
forces at workplace as legally prescribed;
d) Failing to train first aid and emergency forces
at workplace as legally prescribed;
dd) Failing to make labor classification by
compiling the list of arduous, hazardous or dangerous jobs or extremely
arduous, hazardous or dangerous ones, based on which particular policies and
regulations may be applied.
3. Fines ranging from VND 20,000,000 to VND
25,000,000 shall be imposed on employers that commit one of the following
violations:
a) Failing to carry out periodic inspection and
maintenance of machinery, equipment, factories or other facilities in
accordance with regulations currently in force;
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c) Failing to develop and adopt emergency response
and rescue plans at workplace;
d) Failing to develop plans to take measures to
ensure occupational safety and hygiene at workplace for staff and employees
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 occupational safety and hygiene
requirements;
dd) Failing to investigate occupational accidents
falling under their jurisdiction as prescribed by law; failing to declare or
untruthfully declaring occupational accidents and technical incidents leading
to any serious failure in occupational safety and hygiene;
e) Failing to ensure adequate shower rooms and
toilets at workplace as prescribed by law;
g) Failing to equip technical and medical equipment
to ensure rescue and first aid tasks to be performed on time in case of technical
incidents resulting in any serious failure in occupational safety and hygiene,
or occupational accidents.
Article 21. Violations against
regulations on prevention and control of occupational accidents and diseases
1. Fines ranging from VND 500,000 to VND 1,000,000
shall be imposed on employees that commit one of the following violations:
a) Failing to use personal protective equipment
that they have already been provided;
b) Failing to get involved in responding to emergencies,
breakdowns or accidents at work upon receipt of orders from employers or
competent regulatory authorities.
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3. Any employers that do not provide their
employees with health check-ups before they are transferred to more arduous,
hazardous and dangerous jobs, or when they are fully recovered and resume
working after suffering from occupational accidents or diseases, except in
cases where they have already obtained work incapacity assessment reports from
Medical Examination Council, shall be fined from VND 5,000,000 to VND
10,000,000 per each employee, but not exceeding VND 75,000,000.
4. Any employers that commit the following acts of
violation shall be fined from VND 10,000,000 to VND 15,000,000 per each
employee, but not exceeding VND 75,000,000:
a) Failing to provide medical treatment, care and
functional rehabilitation for employees suffering occupational diseases or
accidents;
b) Failing to assign work suitable to health
condition of employees suffering from occupational diseases or occupational
accidents according to the conclusions of the Medical Examination Council.
5. Fines ranging from VND 10,000,000 to VND
15,000,000 shall be imposed on employers that commit one of the following
violations:
a) Failing to provide information on occupational
accidents, occupational diseases, dangerous and harmful factors and
occupational safety and hygiene measures at workplace for employees;
b) Failing to identify and assess hazardous and
harmful factors at workplace.
6. Fines ranging from VND 15,000,000 to VND
20,000,000 shall be imposed upon any employers that do not plan, carry out and
consolidate assessments of risks of occupational safety and hygiene that exist
at production and business establishments posing high risks of occupational
accidents or diseases.
7. Fines ranging from VND 20,000,000 to VND
25,000,000 shall be imposed on any employer that commits one of the following
violations:
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b) Failing to carry out decontamination and
disinfection measures for their staff and employees working in areas affected
by contaminant or infectant agents;
c) Failing to undertake emergency response and
rescue when risks are detected or any labor accident or technical emergency
situation occurs, leading to any failure occupational safety and hygiene at
workplace beyond their control.
8. Any employer that commits one of the following
violations shall be fined as follows: Failing to provide or insufficiently
providing personal protective equipment, or providing such equipment that does
not meet quality standards, conform to predetermined specifications or has not
yet obtained certificates of compliance with applicable technical regulations
or standards, for staff or employees assigned work containing dangerous and
hazardous factors; failing to grant allowances or benefits in kind or granting
them at the rates incompliant with statutory ones; paying money in lieu of
allowances or benefits in kind to employees working in contact with hazardous
or harmful factors, at one of the following rates:
a) A fine ranging from VND 3,000,000 to VND
6,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 6,000,000 to VND
10,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 10,000,000 to VND
15,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 15,000,000 to VND
20,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 20,000,000 to VND
30,000,000 to be imposed if the violation involves 301 or more employees.
9. Fines ranging from VND 25,000,000 to VND
40,000,000 shall be imposed upon any employer that violates national technical
regulations on occupational safety and hygiene (except for the violations
specified in Clause 7 of this Article and clause 1 of Article 23 herein).
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11. Relief and mitigative measures
Compelling offenders to make payment of allowances
or benefits in kind to employees that are converted into money at the statutory
rates applied to acts of failing to pay allowances or benefits in kind, or
paying them at the rates not conforming to the statutory ones to employees
working under hazardous and dangerous conditions under clause 8 of this
Article.
Article 22. Violations against
regulations on employer’s liabilities in case of occupational accidents or
diseases
1. Any employers that commit the following acts of
violation shall be fined from VND 1,000,000 to VND 3,000,000 per each employee,
but not exceeding VND 75,000,000:
a) Failing to provide first aid or emergency care
services to employees suffering accidents or diseases at work;
b) Failing to pay Compelling violating employers to
pay co-payments and other expenses not on the list of expenses covered by
health insurance to health insurance-protected employees suffering from
occupational accidents and diseases.
Failing to make advance payment of all charges for
first aid and medical emergency care services, and make full payment of all
medical costs incurred from first aid, medical emergency care and medical
treatment to stabilization of patient’s health condition, to health
insurance-unprotected employees that suffer from occupational accidents and
diseases;
d) Failing to pay costs of medical examination for
assessment of the level of incapacity to work for cases in which it is
concluded that the affected employee’s capacity to work is decreased by less
than 5% after the employer recommends him/her to take medical examination for
assessment of his/her capacity to work at the Medical Examination Council.
dd) Failing to pay or unduly paying benefits or
compensations to employees who are suffering from occupational accidents or
diseases under regulations in force.
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a) A fine ranging from VND 5,000,000 to VND
10,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 30,000,000 to VND 40,000,000
to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 40,000,000 to VND
50,000,000 to be imposed if the violation involves 301 or more employees.
3. Relief and mitigative measures
a) Compelling employers committing the violations
specified in point b of clause 1 of this Article to pay co-payments and other
expenses not on the list of expenses covered by the health insurance plan to
health insurance-protected employees suffering from occupational accidents and
diseases;
b) Compelling employers committing the violations
prescribed in point c of clause 1 of this Article to pay all charges for
services ranging from medical first aid, emergency care to stabilization of
health condition to employees suffering from occupational accidents and
diseases without being protected by the health insurance plan;
c) Compelling employers committing the violations
prescribed in point d of clause 1 of this Article to pay costs of medical
examination for assessment of the level of incapacity to work for cases in
which it is concluded that the affected employee’s capacity to work is
decreased by less than 5% after the employer recommends him/her to take medical
examination for assessment of his/her capacity to work at Medical Examination Council.
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Article 23. Violations against
regulations on use of machines and equipment subject to strict occupational
safety and hygiene requirements at workplace
Entities or persons violating regulations on use of
machines, equipment or accessories subject to strict occupational safety
requirements at workplace shall be fined as follows:
1. A fine ranging from VND 1,000,000 to VND
2,000,000 for any act of failing to obtain registration for use of machines,
equipment or accessories subject to strict occupational safety requirements at
workplace with local Departments of Labor, War Invalids and Social Affairs
within the duration of 30 days before or after putting them to use.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 for any act of failing to deposit and keep custody of technical
dossiers of machines, equipment or accessories subject to strict occupational
safety requirements at workplace.
3. A fine ranging from VND 15,000,000 to VND
20,000,000 for any act of violating provisions laid down in national technical
regulations on labor hygiene and safety for use of machines, equipment or
accessories subject to strict occupational safety requirements at workplace; using
machines, equipment or accessories subject to strict occupational safety
requirements at workplace that have not yet been certified as compliant with
respective national technical regulations; using machines, equipment or
accessories subject to strict occupational safety requirements at workplace
which are of unclear origin or expire.
4. A fine which is from two to three times higher
than total costs of inspection of machines, equipment or accessories subject to
strict occupational safety requirements at workplace in violation of existing
regulations (calculated the minimum costs prescribed by competent authorities),
but not less than VND 20,000,000 and exceeding VND 75,000,000 at maximum, for
any act of failing to carry out inspections before use or failing to carry out
periodic inspections during use.
5. A fine ranging from VND 50,000,000 to VND
75,000,000 for any act of ongoing use of machines, equipment or accessories
subject to strict occupational safety requirements at workplace that have been
tested, though test results show their failure to meet prescribed requirements.
Article 24. Violations against
regulations on labor safety and hygiene training activities
1. Fines shall be imposed on employers who fail to
provide occupational safety and hygiene training courses to their staff and
employees as prescribed by law, or make arrangements with training institutions
under which they can attaining training results without participating in any
training courses at the following rates:
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b) A fine ranging from VND 10,000,000 to VND
20,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 30,000,000 to VND
40,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 40,000,000 to VND
50,000,000 to be imposed if the violation involves 301 or more employees.
2. Labor safety and hygiene training institutions
committing violations against regulations on labor safety and hygiene training
activities shall be fined at one of the following rates:
a) A fine between VND 1,000,000 and VND 3,000,000
for acts of failing to report on occupational safety and hygiene training
activities as prescribed by law; failing to notify competent authorities when
organizing occupational safety and hygiene training activities according to
training framework programs designed for employees performing occupational
safety and hygiene tasks (group 2), employees who perform work subject to
strict requirements (group 3), occupational safety and trainers as prescribed
by law;
b) A fine ranging from VND 10,000,000 to VND
20.000.000 for one of the following violations: Providing inadequate contents
of compulsory training courses designed according to legally prescribed
framework programs; hiring any trainers who do not meet trainer’s qualification
standards; failing to provide necessary training facilities according to
regulations in force; providing none of training materials for trainees;
c) A fine ranging from VND 30,000,000 to VND
50,000,000 for one of the following violations: Providing training results
without any training courses that have been provided; providing training
results inconsistent with training contents;
d) A fine ranging from VND 50,000,000 to VND
70,000,000 to be imposed if the training institution holds none of Certificate of
fulfillment of training requirements, or is subject to a decision on suspension
of occupational safety and hygiene training activities, or has the Certificate
of fulfillment of occupational safety and hygiene training requirements
withdrawn, or continues to provide their training services even though their
Certificate has expired, or provides training with contents falling outside of
the activities specified in the Certificate; tampers with the contents of the
Certificate of fulfillment of occupational safety and hygiene training
requirements not to the extent that they are liable to criminal prosecution.
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a) A fine between VND 1,000,000 and VND 3,000,000
for acts of failing to report on occupational safety and hygiene training
activities as prescribed by law; failing to notify competent authorities when
organizing occupational safety and hygiene training activities according to
training framework programs designed for employees performing occupational
safety and hygiene tasks (group 2), employees who perform work subject to
strict requirements (group 3), occupational safety and trainers as prescribed
by law;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 to be imposed for one of the following violations: Providing
inadequate contents of compulsory training courses designed according to
legally prescribed framework programs; hiring any trainers who do not meet
trainer’s qualification standards; failing to provide necessary training
facilities according to regulations in force; providing none of training
materials for trainees;
c) A fine ranging from VND 15,000,000 to VND
25,000,000 to be imposed for one of the following violations: Providing
training results without any training courses that have been provided;
providing training results inconsistent with training contents;
d) A fine ranging from VND 25,000,000 to VND
35,000,000 to be imposed if any employers organize training courses falling
into the cases where the Certificate of fulfillment of occupational safety and
hygiene training requirements is required without holding it, or are subject to
a decision on suspension of occupational safety and hygiene training
activities, or have the Certificate of fulfillment of occupational safety and
hygiene training requirements withdrawn, or continue to provide their training services
even though their Certificate has expired; provide training with contents
falling outside of the activities specified in the Certificate or outside the
scope of training activities declared conforming to occupational safety and
hygiene training requirements; tamper with the contents of the Certificate of
fulfillment of occupational safety and hygiene training requirements not to the
extent that they are liable to criminal prosecution.
4. Supplemental penalties
a) Suspension of training activities for the
duration from 01 month to 03 months, which is imposed on occupational safety
and hygiene training providers that commit the violations specified at points c
and d of clause 2 of this Article, and on employers providing occupational
safety and hygiene training on their own that commit the violations specified
in points c and d of clause 3 of this Article;
b) Confiscation of the Certificate of fulfillment
of occupational safety and hygiene training requirements, which is imposed as a
form of penalty for any act of tampering with information contained in the
Certificate of fulfillment of occupational safety and hygiene training
requirements as provided in point d of clause 2 and point d of clause 3 of this
Article.
5. Relief and mitigative measures
d) Compelling offenders committing the violations
specified in point b, c and d of clause 2 of this Article to make the full
refund of training costs, plus the amount of interest on such refund calculated
at the highest demand deposit interest rates publicly quoted by state-owned
commercial banks on the date of imposition of such penalty;
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Article 25. Violations against
regulations on occupational safety and hygiene engineering inspection
activities
1. If organizations providing occupational safety
engineering inspection services commit any violation against regulations on
occupational safety engineering inspection activities, they shall be fined as
follows:
a) A fine ranging from VND 1,000,000 to VND
3,000,000 for any act of failure to report on occupational safety and hygiene
engineering inspection activities as required by regulations in force;
b) A fine ranging from VND 3,000,000 to VND
5,000,000 to be imposed for one of the following violations: Failing to inform
competent authorities issuing Certificates of fulfillment of inspection service
provision requirements whenever there is any change in certificate holders'
main office addresses or branches;
c) A fine ranging from VND 40,000,000 to VND
50,000,000 to be imposed for one of the following violations: Providing
occupational safety inspection services outside the scope of business
activities stated in the Certificate of fulfillment of inspection service
provision requirements; failing to comply with regulations on inspection
procedures; hiring inspection practitioners who are deprived of the rights to use,
or subject to the revocation of, inspector credentials or practicing
certificates, or use expired inspector credentials or practicing certificates
to conduct inspection activities; hiring persons who have not yet obtained
inspector credentials or practicing certificates to conduct inspections; hiring
any inspection practitioner before he/she has not yet signed labor contracts or
piecework contracts; failing to maintain compliance with the regulations on
inspection service requirements set out in Certificates of fulfillment of
inspection service provision requirements; failing to ensure conformance to
objectivity, independence or arm's length principles in providing inspection
services;
c) A fine ranging from VND 80,000,000 to VND
100,000,000 to be imposed for one of the following violations: Providing false
inspection results; providing inspection results without any inspection to be
carried out;
dd) A fine ranging from VND 130,000,000 to VND
150,000,000 to be imposed for one of the following violations: Carrying out
inspection activities when the Certificate of fulfillment of inspection service
provision requirements has expired, or during the period of suspension of
inspection services, or during the period of being subject to decisions on
withdrawal or deprivation of the rights to use the Certificate of fulfillment
of occupational safety engineering inspection requirements; tampering with
information contained in the Certificate of fulfillment of inspection service
provision requirements not to the extent that they are liable to criminal
prosecution.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 to be imposed for one of the following violations:
c) Failing to comply with inspection procedures
issued by competent regulatory authorities;
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3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed upon any inspection practitioner that carries out
the inspection in the event that his/her inspector credential or practicing
certificate has expired; his/her inspection activities fall outside of the
scope of service activities specified in his/her inspector credential or
practicing certificate; his/her inspector credential or practicing certificate
is revoked or withdrawn.
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed upon any individual person providing inspection
services if he/she does not hold any inspector credential or practicing
certificate.
5. A fine ranging from VND 50,000,000 to VND
75,000,000 shall be imposed for any act of rendering inspection services
without any Certificate of fulfillment of inspection service provision
requirements.
6. A fine ranging from VND 50,000,000 to VND
75,000,000 shall be imposed upon inspection practitioners who commit any act of
tampering with information contained in inspector credentials or practicing
certificates that they have already been granted not to the extent that they
are liable to criminal prosecution.
7. Supplemental penalties
a) Suspension of provision of inspection services
for the duration from 01 month to 03 months for occupational safety inspection
service providers committing any violation referred to in point d of clause 1
of this Article;
b) Confiscation of the Certificate of fulfillment
of occupational safety engineering inspection provision requirements, which is
imposed as a penalty for any act of tampering with information contained in
Certificates of fulfillment of inspection service provision requirements as
provided in point dd of clause 1 of this Article;
c) Confiscation of inspector credentials or practicing
certificates, which is imposed as a penalty for any violation specified in
clause 6 of this Article;
d) Deprivation of the rights to use inspector
credentials or practicing certificates for the duration from 01 month to 03
months, which is imposed as a form of penalty for inspection practitioners
carrying out inspection activities falling outside of service activities
specified in inspector credentials or practicing certificates as provided in
clause 3 of this Article.
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Compelling cancellation of inspection results and
repayment of inspection costs plus the amount of interest thereon which is
calculated at the highest demand deposit interest rates publicly quoted by
state-owned commercial banks on the date of imposition of penalty for the
violations referred to in point c, d and dd of clause 1 of this Article, except
an act of tampering with information contained in Certificates of fulfillment
of inspection service provision requirements already available for use not the
extent of being liable to criminal prosecution.
Article 26. Violations against
regulations on occupational environment monitoring
1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for one of the following violations: Failing to send
annual performance assessment reports to competent regulatory authorities in
accordance with regulations in force; failing to inform competent regulatory
authorities of any change in addresses of main offices or branches; failing to
join training courses on updated knowledge about legislative policies,
scientific achievements and technological advances regarding occupational
environment monitoring activities in accordance with existing regulations.
2. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for any employer that fails to publicly inform
employees working at sites where occupational environment monitoring activities
take place, and places where inspection, assessment and management of dangerous
factors at workplace are carried out, immediately after receipt of results
thereof.
3. Fines ranging from VND 20,000,000 to VND
40,000,000 shall be imposed upon any employer failing to carry out occupational
environment monitoring activities in order to control harmful effects on employee’s
health in accordance with law.
4. If any employers collude with occupational
environment monitoring organizations to perform fraudulent acts related to
occupational environment monitoring activities not to the extent of being
liable to criminal prosecution, they will be fined from VND 40,000,000 to VND
60,000,000.
5. If enterprises and organizations render
occupational environment monitoring services without being recognized as
conforming to requirements concerning provision of occupational environment
monitoring services in accordance with law, they shall be fined from VND
50,000,000 to VND 75,000,000.
6. A fine ranging from VND 80,000,000 to VND
120,000,000 shall be imposed upon organizations providing occupational
environment monitoring services for one of the following violations: Colluding
with employers to perform fraudulent acts relating to occupational environment
monitoring activities not to the extent of being liable to criminal
prosecution; carrying out occupational environment monitoring activities in
contravention of statutory procedures.
7. A fine ranging from VND 120,000,000 to VND
140,000,000 shall be imposed upon occupational environment monitoring
organizations that produce environmental monitoring results without carrying
out environmental monitoring activities in accordance with regulations in
force.
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Suspension of provision of environmental monitoring
services for the duration from 03 months to 06 months for the violations
prescribed in clause 5, 6 and 7 of this Article.
Article 27. Violations against
female employee regulations
1. Fines ranging from VND 500,000 to VND 1,000,000
shall be imposed on any employer that commits one of the following violations:
a) Failing to consult female employees or their
representatives when deciding issues related to the rights and interests of
these female employees.
b) Failing to allow female employees to rest 30
minutes a day during their menstruation.
2. Fines ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on any employer that commits one of the following
violations:
a) Allowing female workers to work overtime, work
at night and go on business trips in one of the following cases: They are
pregnant from the 7th month, or from the 6th month of
pregnancy if they work in highland, remote, isolated, border and island
regions; they are raising their children under 12 months old;
b) Failing to make work transfer or reduction in
working hours for pregnant female employees in the 7th month of
pregnancy onwards who are doing heavy work as prescribed in clause 2 of Article
155 in the Labor Code;
c) Failing to allow female employees that are
raising their children aged under 12 months to rest 60 minutes a day;
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dd) Imposing labor-related disciplinary actions on
female employees who are pregnant or take paid leave for childbirth in
accordance with law on social insurance, or are raising children under 12
months of age;
e) Sacking or unilaterally terminating employment
contracts with female employees for such reasons as marriage, pregnancy, maternity
leave or care for their infants aged under 12 months, except when violating
employers are individuals who are dead, is judged incapable of civil acts,
missing or dead by the Court, or when employers who are not individuals closing
their business not to the extent to being liable to criminal prosecution.
g) Employing female employees to do any work that
female employees are prohibited from doing as prescribed in Article 160 in the
Labor Code.
3. Relief and mitigative measures
a) Compelling employers committing the violations
specified at point b of clause 1 and point c of clause 2 of this Article to
make full payment of overtime wages;
b) Compelling offenders committing the violations
prescribed in point e of clause 2 of this Article to reinstate employees in
their previous posts.
Article 28. Violations against
underage employee regulations
1. Fines ranging from VND 1,000,000 to VND
2,000,000 shall be imposed on any employer that commits any act of failing to
make separate record books, or making separate record books lacking contents
prescribed in clause 2 of Article 162 in the Labor Code when hiring underage
employees, or failing to present record books upon the request of competent
authorities.
2. Fines ranging from VND 10,000,000 to VND
15,000,000 shall be imposed on any employer that commits one of the following
violations:
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b) Hiring underage employees to work in excess of
working hours prescribed in clause 2 of Article 163 in the Labor Code;
c) Hiring persons under 15 years of age to work
overtime or at night;
d) Hiring persons aged between 15 years to under 18
years to work overtime or at night, except several activities or work permitted
by law.
3. Fines ranging from VND 50,000,000 to VND
75,000,000 shall be imposed on any employer that commits one of the following
violations:
a) Employing underage workers to do heavy,
hazardous or dangerous jobs, work at workplaces or with jobs adversely
affecting their personality according to the list issued by the Ministry of
Labor, War Invalids and Social Affairs in collaboration with the Ministry of
Health, or employing underage workers to do jobs or work at workplaces where
hiring of them is banned as prescribed in Article 165 in the Labor Code not to
the extent of being liable to criminal prosecution;
b) Employing underage workers aged from 13 years to
under 15 years to do work not in the legally permitted list according to the
provisions of clause 1 of Article 164 in the Labor Code;
c) Employing underage workers aged under 13 years
to do work not in the legally permitted list according to the provisions of
clause 3 of Article 164 in the Labor Code.
Article 29. Violations against
regulations on domestic workers or servants
1. Warnings shall be given as a form of penalty
imposed on any employer that commits one of the following violations:
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b) Failing to pay them travel costs when they quit
their work and turning back to their residences, except in cases where they
decide to terminate employment contracts before the agreed-upon expiry date.
2. Fines ranging from VND 10,000,000 to VND
15,000,000 shall be imposed on any employer that commits one of the following
violations:
a) Keeping original copies of travel documents of
domestic workers;
b) Refusing to pay domestic workers sums of money
so that they can decide to make contributions to the social insurance or health
insurance plans on their own in accordance with laws.
3. Relief and mitigative measures
a) Compelling employers committing the violations
specified at point a of clause 1 of this Article to conclude written labor
contracts with affected domestic workers;
b) Compelling employers committing the violations
specified in point b of clause 1 of this Article to make full repayment of
travel and mileage costs to domestic workers;
c) Compelling employers committing the violations
specified in point a of clause 2 of this Article to return their travel
documents;
d) Compelling employers committing the violations
specified in point b of clause 2 of this Article to make full payment of sums
of money that they can pay as contributions to the social insurance and health
insurance plan.
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Fines ranging from VND 10,000,000 to VND 15,000,000
shall be imposed upon any employer that commit any act of hiring older workers
to do arduous, hazardous or dangerous work likely to adversely affect their
health in accordance with regulations in force.
Article 31. Violations against
regulations regarding foreign workers in Vietnam
1. Fines ranging from VND 1,000,000 to VND
3,000,000 shall be imposed on any employer that commits one of the following
violations:
a) Failing to send or including incorrect contents
and time limits in review reports on foreign workers at the request of state
regulatory authorities in charge of labor affairs;
b) Failing to send copies of the signed labor
contracts to work permit-issuing bodies in case foreign workers work under
labor contracts.
2. Fines ranging from VND 5,000,000 to VND 10,000,000
per a worker, but not exceeding VND 75,000,000, shall be imposed upon any
employer that commits any act of hiring foreign workers in a way in breach of
information shown in their work permits or written confirmations of their
exemption from work permit requirements.
3. Fines ranging from VND 15,000,000 to VND
25,000,000 shall be imposed on any foreign worker in Vietnam that commits one
of the following violations:
a) Accepting job offers without holding work
permits or without written confirmations of their exemption from work permit
requirements as required by law;
b) Using work permits or written confirmations of
their exemption from work permit requirements that have already become null and
void.
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a) Fines ranging from VND 30,000,000 to VND
45,000,000 to be imposed if the violation involves 01 – 10 workers;
b) Fines ranging from VND 45,000,000 to VND
60,000,000 to be imposed if the violation involves 11 – 20 workers;
c) Fines ranging from VND 60,000,000 to VND
75,000,000 to be imposed if the violation involves 21 or more workers.
5. Supplemental penalties
Deporting any foreign worker without work permits
or written confirmations of exemption from work permit requirements that
commits the violations specified in clause 3 of this Article while working in
Vietnam.
Article 32. Violations against
regulations on recruiting Vietnamese employees and assigning them to work for
foreign entities and persons in Vietnam
1. Fines ranging from VND 1,000,000 to VND
3,000,000 shall be imposed upon any foreign entity and person in Vietnam that
commits any act of hiring Vietnamese workers without reporting to authorities
having competence in recruiting and administering Vietnamese workers on
situations of recruitment and placement of Vietnamese workers in accordance
with law.
2. Fines ranging from VND 5,000,000 to VND
10,000,000 shall be imposed upon any foreign entity and person in Vietnam that
commits any act of hiring Vietnamese workers without sending written
notifications, enclosing copies of labor contracts already signed with
Vietnamese workers, to authorities having competence in recruiting and
administering Vietnamese workers working for foreign entities and persons in
Vietnam in accordance with law.
Article 33. Violations against
regulations regarding settlement of labor disputes
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2. Fines ranging from VND 1,000,000 to VND
2,000,000 shall be imposed on any worker that commits one of the following
violations:
a) Obstructing the exercise of the rights to go on
strike, or inciting, inducing or forcing workers to go on strike;
b) Preventing workers who do not take part in
strikes from going to work.
3. Fines ranging from VND 5,000,000 to VND 10,000,000
shall be imposed on any employer that commits one of the following violations:
a) Terminating labor contracts with or imposing
labor-related disciplinary actions on workers going on strike, strike leaders,
or transferring them to other jobs or other workplace only because they are
preparing to go on strike or join a strike;
b) Repressing and retaliating against workers
participating in strikes or strike leaders;
c) Temporarily closing workplace in the case
prescribed in Article 217 in the Labor Code.
4. Relief and mitigative measures
Compelling employers committing the violations
specified in point c of clause 3 of this Article to make payment of wages to
workers during the temporary closure period.
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1. Fines ranging from VND 500,000 to VND 1,000,000
shall be imposed on any employer that commits one of the following violations:
a) Failing to make necessary workplace arrangements
and provide necessary accommodations for trade union officers;
b) Failing to spare part-time trade union officers
working hours to perform their trade union tasks;
c) Failing to admit trade union officers at the
level superior to the grassroots level in any entity or enterprise to carry out
their trade union activities;
d) Failing to provide information or coordinate or
create favorable conditions for trade unions to implement their rights and
responsibilities as representatives for workers' legitimate rights and
interests.
2. Fines ranging from VND 10,000,000 to VND
20,000,000 shall be imposed upon any employer that fails to reach written
agreements with grassroots-level trade union executive committees or immediate
higher-level trade union executive committees when unilaterally terminating
labor contracts with their employees holding posts as part-time trade union
officers, transferring them to other jobs prescribed in labor contracts or
sacking them in a form of labor-related disciplinary action to the extent of
not being liable to criminal prosecution.
3. Fines ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any act of abusing trade union rights to
violate law, infringing upon the State interests, legitimate rights and
interests of other entities, enterprises and persons.
4. Relief and mitigative measures
Compelling those committing the violations
prescribed in points a and b of clause 1 of this Article to provide necessary
working conditions for trade unions and spare trade union workers some time to
perform their trade union activities.
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1. Fines ranging from VND 3,000,000 to VND
5,000,000 shall be imposed on any employer that commits one of the following
violations:
a) Practicing discrimination in terms of wages,
working hours, other rights and obligations in labor relationships in order to
hinder their staff and employees from establishing, acceding to and performing
activities of trade unions;
b) Failing to extend labor contracts with part-time
trade union officers who are in term of office, but are holding expired labor
contracts;
c) Illegally imposing labor-related disciplinary
actions on or terminating labor contracts with their staff and employees
because they have established, acceded to and participating in activities of
trade unions;
d) Harassing, mistreating, obstructing or refusing
to provide career advancement for trade union officers;
dd) Providing untruthful information to lower the
reputation of trade union officers in the eyes of their staff or employees.
2. Fines ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on any employer that commits one of the following
violations:
a) Setting out regulations that constrain their
staff or employees from exercising their rights to hold the posts of trade
union officers;
b) Dominating and hindering the election and
selection of trade union officers;
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3. Relief and mitigative measures
a) Compelling those committing the violations
specified in point b of clause 1 of this Article to renew labor contracts with
part-time trade union officers;
b) Compelling those committing the violations
specified in point c of clause 1 of this Article to get their workers back to
work and fully pay them wages, salaries, social insurance and health insurance
contributions during the days when they are not allowed to work;
c) Compelling those committing the violations
specified in point dd of clause 1 of this Article to rectify untruthful
information.
Article 36. Violations against
regulations on use of economic or other measures causing disadvantages to
organization and operation of trade unions
1. Fines ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on any employer that commits one of the following
violations:
a) Failing to pay wages and salaries to part-time
trade union workers during their service period;
b) Failing to allow their staff or employees
working as full-time trade union workers to enjoy collective rights and
benefits the same as other colleagues of theirs;
c) Carrying out economic or other measures to cause
disadvantages for their staff and employees so that they are unable to become
members of trade unions or participate in trade union's activities.
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a) Compelling those committing the violations
specified in point a of clause 1 of this Article to pay wages and salaries to
part-time trade union workers during their service period;
b) Compelling those committing the violations
specified in point b of clause 1 of this Article to assure collective interests
and benefits the same as other colleagues of theirs.
Article 37. Violations against
regulations on payment of trade union dues
1. Any employer committing one of the violations
hereunder shall be fined at the rates of between 12% and under 15% of total sum
of trade union dues at the date of issuance of administrative penalty notice,
but not exceeding VND 75,000,000, as follows:
a) Making late payment of trade union dues;
b) Making underpayment of trade union dues
according to the prescribed rates;
c) Paying trade union dues that are less than total
required amount calculated based on total number of employees mandatorily
liable for trade union fees.
2. Any employer failing to pay trade union dues
calculated based on their total number of employees mandatorily liable for
trade union dues shall be fined at the rates of between 18% and 20% of total
sum of trade union dues at the date of issuance of administrative penalty
notice, but not exceeding VND 75,000,000.
3. Relief and mitigative measures
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Chapter III
VIOLATING ACTS, PENALTY
FORMS, RATES AND RELIEF OR MITIGATION MEASURES AGAINST VIOLATIONS ARISING FROM
SOCIAL INSURANCE-RELATED ACTIVITIES
Article 38. Violations against
regulations on payment of compulsory social insurance and unemployment
insurance contributions
1. Fines ranging from VND 500,000 to VND 1,000,000
shall be imposed upon any employee that agrees with an employer on not
participating in compulsory social insurance and unemployment insurance plans,
participates in an incorrect insurance plan, or make underpayment of insurance
contributions according to the prescribed rates.
2. Fines ranging from VND 500,000 to VND 1,000,000
shall be imposed on any employer that commits one of the following violations:
a) Annually, failing to publicly post up
information on their employees' payment of social insurance contributions
provided by social insurance authorities under clause 7 of Article 23 in the
Law on Social Insurance;
b) Failing to carry out regulatory procedures to
confirm payment of unemployment insurance contributions to their employees so
that they can complete their application for entitlement to unemployment
insurance benefits in accordance with existing regulations;
c) Failing to provide or insufficiently providing
information on employees' payment of compulsory social insurance and
unemployment insurance contributions upon the request of their employees or
trade unions.
3. Fines ranging from VND 5,000,000 to VND
10,000,000 shall be imposed upon any employer that fails to provide accurate,
complete, and timely information and documents related to the payment of
compulsory social insurance and unemployment insurance contributions, or the
entitlement to compulsory social insurance and unemployment insurance benefits
at the request of competent state agencies and social insurance authorities.
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a) Making overdue payment of compulsory social
insurance and unemployment insurance contributions;
b) Making underpayment of social insurance and
unemployment insurance contributions according to the prescribed rates not to
the extent that they are accused of evasion of payment of insurance
contributions;
c) Making underpayment of social insurance and
unemployment insurance contributions according to their total number of
employees eligible for participation in compulsory social insurance and
unemployment insurance plans not to the extent that they are accused of evasion
of payment of insurance contributions.
5. Any employer falling to pay compulsory social
insurance and unemployment insurance contributions for all of their employees
eligible for participation in compulsory social insurance and unemployment insurance
plans not to the extent of being liable to criminal prosecution shall be fined
at the rates of between 18% and 20% of total sum of compulsory social insurance
and unemployment insurance contributions at the time of issuance of
administrative penalty notice, but not exceeding VND 75,000,000.
6. Any employer accused of evasion of payment of
compulsory social insurance and unemployment insurance contributions not to the
extent of being liable to criminal prosecution shall be fined from VND
50,000,000 to VND 75,000,000.
7. Relief and mitigative measures
a) Compelling those committing the violations
specified in clause 4, 5 and 6 of this Article to make full payment of accrued
amounts of compulsory social insurance and unemployment insurance
contributions;
b) Compelling those committing the violations
prescribed in clause 4, 5 and 6 of this Article to pay the amount of interest
on insurance contributions accrued due to late payment, non-payment or evasion
of payment, which is two times greater than the average amount of interest that
the social insurance fund would have earned in the preceding year from
investment thereof. If not doing so, at the request of competent persons,
banks, other credit institutions or state treasuries shall, on their own
initiative, withdraw money from violating the violating employer’s deposit
accounts to pay such amount of interest at the highest demand deposit interest
rate quoted by state-owned commercial banks at the time of imposition of
penalty into banking accounts of social insurance authorities.
Article 39. Violations against
regulations on preparation of application and documentation requirements for
entitlement to compulsory social insurance and unemployment insurance benefits
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a) Making untruthful declarations, or changing,
erasing or falsifying information related to entitlement to social insurance
and unemployment insurance benefits not to the extent of being liable to
criminal prosecution;
b) Failing to notify the Employment Service Center
as prescribed when their employees have accepted jobs within 15 working days from
the date of submission of application for unemployment insurance benefits;
c) As beneficiaries of unemployment insurance
benefits, they fail to send required notifications to the Employment Service
Center in one of the following cases: they have got a job; they are performing
military or public security service; they receive monthly retirement pensions;
they are studying for a term of at least 12 months.
2. Any employer counterfeiting or falsifying
information included in social insurance or unemployment insurance for the
purposes of profiteering on social insurance or unemployment insurance benefits
not to the extent of being liable to criminal prosecution shall be fined from
VND 5,000,000 to VND 10,000,000 per each application for entitlement to social
insurance and/or unemployment insurance benefits.
3. Relief and mitigative measures
Compelling those committing the violations
specified in clause 1 and 2 of this Article to refund social security
authorities the received amounts of social insurance and/or unemployment
insurance benefits.
Article 40. Violations against
other social insurance and unemployment insurance regulations
1. Any employer that fails to pay occupational
accident or disease insurance coverage within the duration of 10 days of
receipt thereof from social security authorities shall be fined from VND
10,000,000 to VND 20,000,000 per each employee, but not exceeding VND
75,000,000.
2. Any employer appropriating compulsory social
insurance benefits from their employee shall be fined at the rates of between
18% and 20% of total sum thereof at the time of issuance of administrative
penalty notice, but not exceeding VND 75,000,000.
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4. Any employer that commits one of the following
acts of violation shall be fined from VND 2,000,000 to VND 4,000,000 per each employee,
but not exceeding VND 75,000,000, including:
a) Failing to prepare and submit application for
participation in compulsory social insurance and unemployment insurance plans
for their employees within 30 days from the date of conclusion of labor or employment
contracts or recruitment;
b) Failing to prepare and submit application
documents or written requests by the deadlines prescribed in clause 2 of
Article 102, clause 1 of Article 103, clause 1 of Article 110 and clause 2 of
Article 112 in the Law on Social Insurance;
c) Failing to recommend their employees covered by
Article 47 in the Law on Occupational Safety and Hygiene and Article 55 in the
Law on Social Insurance to take medical examinations for assessment of level of
incapacity to work at the Medical Examination Council;
d) Failing to return social insurance books to
their employees according to the provisions of clause 5 of Article 21 in the
Law on Social Insurance.
5. Fines ranging from VND 2,000,000 to VND
4,000,000 shall be imposed on any vocational training establishments committing
one of the following violations:
a) If they provide vocational training courses
lasting for the period less than registered by unemployment insurance-protected
employees, they shall be fined at the aforesaid rate per each affected
employee, but not exceeding VND 150,000,000;
b) If they collude with other related entities or
persons to earn illegal gains from the vocational support sum that each
affected employee is granted not to the extent of being liable to criminal
prosecution, they shall be subject to the aforesaid fine.
6. If any employer receiving financial support to
offset costs of vocational training, education or vocational skill improvement
training courses, aimed at ensuring their employees are continuously fit for
their work, fails to adhere to training plans approved by competent authorities
when performing such training activities.
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a) Compelling those committing the violations
specified in clause 1 of this Article to fully pay occupational accident or
disease insurance coverage to affected employees;
b) Enforcing vocational training institutions
committing the violations specified in point a of clause 5 of this Article to
provide vocational training courses for the full duration of the course that
employees participating in the unemployment insurance plan have enrolled if
required by affected employees;
c) Compelling vocational education institutions
committing the violations specified in point b of clause 5 of this Article to
repay ill-gotten gains to the state budget;
d) Compelling those committing the violations
specified in clause 2 of this Article to repay affected employees the amount of
compulsory social insurance benefits that they have appropriated from these
employees, plus the amount of interest on such money calculated at the highest
demand deposit interest rate publicly quoted by state-owned commercial banks.
Chapter IV
VIOLATING ACTS, PENALTY
FORMS, RATES, RELIEF OR MITIGATION MEASURES AGAINST VIOLATIONS ARISING FROM
SENDING VIETNAMESE WORKERS TO WORK ABROAD UNDER CONTRACTS
Article 41. Violations against
licensing requirements for enterprises providing services of sending workers
abroad (hereinafter referred to as service providers)
1. Fines ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on service providers committing one of the
following violations:
a) Failing to publicly declare their licenses for
sending workers abroad in accordance with regulations in force;
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c) Failing to report on any change in person
holding the post of management of activities related to sending Vietnamese
workers abroad as legally prescribed.
2. Fines ranging from VND 20,000,000 to VND
40,000,000 shall be imposed on service providers committing one of the
following violations:
a) Failing to inform authorization given to
branches for provision of services related to sending Vietnamese workers abroad
as legally prescribed;
b) Appointing the person without holding at least
the undergraduate degree to the post of the manager of activities related to
sending Vietnamese workers abroad;
c) Appointing any employee that has not yet
acquired at least 3 years' experience in sending Vietnamese workers abroad or
other international cooperation and relationship activities to the post of the
manager of the service of sending workers to work abroad.
3. Fines ranging from VND 50,000,000 to VND
70,000,000 shall be imposed on any service provider committing one of the
following violations:
a) Failing to carry out plans for organization of
the machinery for provision of the service of sending Vietnamese workers abroad
in accordance with regulations in force from the licensing date;
b) Failing to carry out plans for organization of
the machinery of officers specialized in provision of the service of sending
Vietnamese workers abroad in order to provide these workers with training
before they go abroad to work from the licensing date.
4. Fines ranging from VND 150,000,000 to VND
180,000,000 shall be imposed on any service provider committing one of the
following violations:
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b) Giving authorization to their branches in
contravention of law;
c) If any of their branches provides the service of
sending Vietnamese workers abroad in excess of the scope of assigned duties, or
performs their assigned duties in breach of law, they shall be subject to the
aforesaid fines;
d) Sending workers abroad during the period of
temporary suspension or revocation of labor provision contracts, fixed-term
suspension of their service business, or after receipt of notifications
regarding refusal of renewal of the License to provide the service of sending
workers abroad.
5. Fines ranging from VND 180,000,000 to VND
200,000,000 shall be imposed on any service provider committing one of the
following violations:
a) Using the other service provider’s service
license to send Vietnamese workers to work abroad;
b) Allowing other entities or persons to use their
service license to send Vietnamese workers to work abroad;
c) Assigning the task of administering the service
of sending Vietnamese workers abroad to the person who, in the past, managed
another service provider whose license to provide the service of sending
workers abroad was revoked, or the person who are being subject to a
disciplinary action in the form of warning or more severe one owing to any
violation against laws on sending Vietnamese workers to work abroad.
6. Supplemental penalties
a) Termination of sending workers abroad from 1 to
3 months with respect to the violations specified in point a, b and c of clause
4 of this Article;
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7. Relief and mitigative measures
Compelling those committing the violations
specified in point d of clause 4 of this Article to make repayment of the
amount of money received from workers plus the amount of interest on such money
calculated at the highest demand deposit interest rate publicly quoted by
state-owned commercial banks.
Article 42. Violations against
regulations regarding registration of contracts and reporting of sending worker
abroad
1. Fines ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for those that fail to send periodic or ad-hoc
reports or inaccurate reports on the service of sending Vietnamese workers to
work abroad in accordance with laws.
2. Any act of sending Vietnamese workers abroad in
excess of the registered number of workers prescribed under labor provision
contracts or contracts for recruitment of interns which have already been
approved shall be fined at one of the following rates:
a) Fines ranging from VND 20,000,000 to VND
40,000,000 to be imposed if the number of workers sent abroad exceeds the
registered number of workers by 01 – 10 workers;
b) Fines ranging from VND 60,000,000 to VND
100,000,000 to be imposed if the number of workers sent abroad exceeds the
registered number of workers by 11 – 50 workers;
c) Fines ranging from VND 150,000,000 to VND
180,000,000 to be imposed if the number of workers sent abroad exceeds the
registered number of workers by more than 50 workers.
3. Fines ranging from VND 75,000,000 to VND 90,000,000
shall be imposed if any enterprise awarded a bid, successfully winning a bid,
or any entity or person making foreign investments commits an act of sending
workers abroad without submitting any report or after submitting their reports
which, however, have not been approved by competent regulatory authorities.
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5. Supplemental penalties
Any service provider committing the violations
specified in clause 3 and 4 of this Article shall be subject to the
supplemental penalty imposed in the form of termination of their service of
sending Vietnamese workers abroad from 6 to 12 months.
Article 43. Violations against
regulations on worker recruitment, contract conclusion and discharge
1. Fines ranging from VND 20,000,000 to VND
40,000,000 shall be imposed on any service provider committing one of the
following violations:
a) Failing to coordinate with local authorities to
give public notices, provide vacancy candidates with sufficient information on
the intake, recruitment criteria and contractual terms and conditions as
legally prescribed when finding workers at localities;
b) Failing to enter into commitments regarding the
pre-exit period to workers after they are recruited to work abroad;
c) Failing to directly recruit workers.
2. Fines ranging from VND 50,000,000 to VND
80,000,000 shall be imposed on any enterprise or other entity providing the
service of sending workers abroad that commits one of the following violations:
a) Failing to enter into any contract with
recruited workers in accordance with regulations;
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c) Failing to discharge or discharging contracts to
send workers to work abroad in violation of regulations in force;
d) Setting out terms and conditions of contracts
for sending workers abroad, labor contracts or contracts to send interns abroad
which are not corresponding to labor provision contracts or internship
contracts which have already been registered;
dd) Setting out terms and conditions of contracts
for sending workers abroad between enterprises successfully winning bids,
awarded bids or foreign investment organizations on one side and workers on the
other side, or of labor contracts, which do not match contents of reports on
sending Vietnamese workers abroad in accordance with regulations.
3. Supplemental penalties
Those committing the violations specified in clause
2 of this Article shall be compelled to suspend labor provision contracts for
the period from 1 month to 3 months.
Article 44. Violations against
regulations on provision of training courses on necessary professional skills,
foreign language and knowledge
1. Fines ranging from VND 2,000,000 to VND
5,000,000 shall be imposed on any enterprise or other entity committing one of
the following violations:
a) Failing to register sample certificates of
completion of training courses granted to Vietnamese workers who are sent to
work abroad in accordance with regulations in force;
b) Failing to provide workers with necessary
training documents in accordance with regulations in force;
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2. Fines ranging from VND 20,000,000 to VND 40,000,000
shall be imposed on any enterprise or other entity committing one of the
following violations:
a) Insufficiently providing training courses
necessary for workers before they are sent to work abroad in accordance with
regulations in force;
b) Failing to carry out or insufficiently carrying
out inspection of certification or conferral of certificates upon employees
after they have completed required training courses.
3. Fines ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on any service provider committing one of the
following violations:
a) Failing to provide, or cooperate with vocational
or other education institutions in providing, professional skill and foreign
language training courses for workers sent to work abroad as required in labor
provision contracts;
b) Failing to provide workers with necessary
training courses before they are sent to work abroad in accordance with
regulations in force.
4. Supplemental penalties
a) Those committing the violations specified in clause
3 of this Article shall be compelled to suspend labor provision contracts for
the period from 1 month to 6 months;
b) Those repeating the violations specified in
clause 3 of this Article shall be compelled to suspend labor provision
contracts for the period from 6 months to 12 months.
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Compelling those committing the violation specified
in clause 3 of this Article to provide training courses on professional skills,
foreign language and knowledge necessary for workers, or reimburse workers
for training fees received from employees (if any).
Article 45. Violations against
regulations on collection, payment, management and use of brokerage fees,
margins, service charges and other payments from workers; payments to the Overseas
Employment Support Fund
1. Fines ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on any service provider committing one of the
following violations:
a) Failing to provide instructions and complete
required procedures so that workers receive support from the Overseas
Employment Support Fund, or failing to remit support sums to workers as legally
prescribed;
b) Failing to confer certificates of participation
in the Overseas Employment Support Fund upon workers in accordance with regulations
in force.
2. Fines ranging from VND 20,000,000 to VND
40,000,000 shall be imposed on any service provider committing one of the
following violations:
a) Making underpayment of their worker’s
contribution sums to the Overseas Employment Support Fund in accordance with
regulations in force;
b) Making underpayment of contributions to the
Overseas Employment Support Fund in accordance with regulations in force.
3. Fines ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on any service provider committing one of the
following violations:
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b) Collecting, managing, using and returning
brokerage fees in breach of regulations in force;
c) Collecting service charges from workers in
violation of law;
d) Failing to reimburse or insufficiently reimburse
their worker for service charges in proportion to the remaining time of the
Contract for sending workers to work abroad in case the worker has paid service
charges for the entire term of contract, but has to return Vietnam ahead of
schedule through no fault of his or her own;
dd) Failing to make payment of their worker’s
contribution sums to the Overseas Employment Support Fund in accordance with
regulations in force;
e) Failing to make contributions to the Overseas
Employment Support Fund in accordance with regulations in force.
4. Fines ranging from VND 150,000,000 to VND
200,000,000 shall be imposed on any service provider committing one of the
following violations:
a) Failing to repay costs that workers have paid
due to their failure to send them to work abroad;
b) Collecting, managing and using margins from
workers in violation of law;
c) Failing to make supplementary and timely payment
of margins that a service provider has to pay in accordance with law;
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5. Supplemental penalties
They shall be subject to a supplemental penalty
imposed in the form of suspension of their service of sending Vietnamese
workers abroad as follows:
a) For the period from 01 month to 03 months with
respect to any violation referred to in clause 3 and point c and d of clause 4
of this Article;
b) For the period from 04 months to 06 months with
respect to any violation referred to in point b of clause 4 of this Article;
c) For the period from 06 months to 12 months with
respect to any violation referred to in point a of clause 4 of this Article.
6. Relief and mitigative measures
a) Compelling those committing the violations specified
in point a and b of clause 2, and point dd and e of clause 3 of this Article to
make full payments to the Overseas Employment Support Fund in accordance with
regulations in force;
b) Compelling those committing the violations
specified in point c and d of clause 3, and point a of clause 4 of this Article
to reimburse workers for their received sums in full;
c) Compelling those committing the violations
specified in point c and d of clause 4 of this Article to make full payment of
margins in accordance with regulations in force.
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1. Imposing the fine ranging from VND 20,000,000 to
VND 40,000,000 for one of the following violations:
a) Failing to register the list of workers on exit
with Vietnamese diplomatic missions or consulates overseas as legally
prescribed;
b) Failing to cooperate with Vietnamese diplomatic
missions or consulates abroad in managing and protecting the legal rights and
interests of workers while working abroad.
2. Fines ranging from VND 50,000,000 to VND
80,000,000 shall be imposed for one of the following violations:
a) Failing to administer and protect the legal
rights and interests of workers sent by service enterprises to work overseas
according to regulations in force;
b) Failing to promptly resolve issues that may
arise when a worker dies, suffers any occupational accident, incident or an
occupational disease, or has his/her life, health, honor, dignity and/or
property harmed, or is involved in a dispute.
3. Fines ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for one of the following violations:
a) Taking advantage of the service of sending
Vietnamese workers to work abroad in order to counsel, recruit, train and
collect money from workers;
b) Taking advantage of the service of sending
Vietnamese workers to work abroad in order to conduct the sending of Vietnamese
citizens to overseas countries in contravention of regulations in force;
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d) Sending workers to work in areas, industries or
jobs which are prohibited or not permitted by host countries for reception of
foreign workers.
4. Supplemental penalties
Those committing the violations specified in clause
2 and point a, b and d of clause 3 of this Article shall be subject to a
penalty imposed in the form of temporary closure of their service of sending
Vietnamese workers abroad from 06 to 12 months.
5. Relief and mitigative measures
a) Compelling those committing the violations
specified in clause 2 and point d of clause 3 of this Article to repatriate
workers upon the request of the receiving country or Vietnamese competent
regulatory authorities;
b) Compelling those committing the violation
specified in point a of clause 3 of this Article to repay affected workers the
amount of money plus the amount of interest on such money calculated at the
highest demand deposit interest rate publicly quoted by state-owned commercial
banks at the time of imposition of this penalty.
Article 47. Violations
committed by workers sent to work abroad and several other related persons
1. Fines ranging from VND 2,000,000 to VND
5,000,000 shall be imposed on any worker falling to register their personal
contract with competent regulatory authorities in accordance with regulations
in force.
2. Fines ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for one of the following violations:
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b) Taking flight from their contractual workplace not
on the grounds of suffering from labor coercion;
c) Failing to be present at their contractual
workplace after entry into host countries.
3. Relief and mitigative measures
Compelling the repatriation of those committing the
violations specified in point a, b and c of clause 2 of this Article.
Chapter V
AUTHORITY TO IMPOSE
ADMINISTRATIVE PENALTIES AND ISSUE ADMINISTRATIVE VIOLATION NOTICES; PROCEDURES
FOR IMPOSITION OF ADMINISTRATIVE PENALTIES
Section 1. AUTHORITY TO IMPOSE
ADMINISTRATIVE PENALTIES AND ISSUE ADMINISTRATIVE VIOLATION NOTICES
Article 48. Authority to issue
administrative violation notices
Authority to issue notices of administrative
penalties for all violations specified herein shall be accorded to the
following persons, including:
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2. Public officials and civil servants that are on
active duty with respect to inspection and examination of labor, social
insurance or the service of sending Vietnamese workers to work abroad under
contracts.
Article 49. Authority to
impose penalties of Chairpersons of People’s Committees
1. The Chairman/Chairwoman of the commune-level
People’s Committee shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 5,000,000.
2. The Chairman/Chairwoman of the district-level
People’s Committee shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 37,500,000 for
administrative violations arising from labor or social insurance activities,
and up to VND 50,000,000 for administrative violations arising from the service
of sending Vietnamese workers abroad under contracts;
c) Imposing supplemental penalties in the form
prescribed in Chapter II, except those supplemental penalties prescribed in
clause 5 of Article 31 herein;
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3. The Chairman/Chairwoman of the provincial-level
People’s Committee shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 75,000,000 for
administrative violations arising from labor or social insurance activities,
and up to VND 100,000,000 for administrative violations arising from the
service of sending Vietnamese workers abroad under contracts;
c) Imposing supplemental penalties in the form
prescribed in Chapter II and IV, except those supplemental penalties prescribed
in clause 5 of Article 31 herein;
d) Applying relief and mitigative measures
stipulated in Chapter II, III and IV herein.
Article 50. Authority to
impose penalties of Labor Inspectors
1. Labor inspectors or persons assigned to perform
specialized inspections while on duty shall be vested with authority to impose
penalties in the form of warnings for administrative violations arising from
labor and social insurance activities as provided in Chapter II and III herein.
2. Chief Inspectors of Departments of Labor, War
Invalids and Social Affairs shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
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c) Imposing supplemental penalties in the form
prescribed in Chapter II and IV, except those supplemental penalties prescribed
in clause 5 of Article 31 herein;
d) Applying relief and mitigative measures
stipulated in Chapter II, III and IV herein.
3. Chief Inspector of the Ministry of Labor, War
Invalids and Social Affairs shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 75,000,000 for
administrative violations arising from labor or social insurance activities, and
up to VND 100,000,000 for administrative violations arising from the service of
sending Vietnamese workers abroad under contracts;
c) Imposing supplemental penalties in the form
prescribed in Chapter II and IV, except those supplemental penalties prescribed
in clause 5 of Article 31 herein;
d) Applying relief and mitigative measures
stipulated in Chapter II, III and IV herein.
4. Leaders of Ministry-level labor inspection teams
shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
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c) Imposing supplemental penalties in the form
prescribed in Chapter II and IV, except those supplemental penalties prescribed
in clause 5 of Article 31 herein;
d) Applying relief and mitigative measures
stipulated in Chapter II, III and IV herein.
5. Leaders of labor inspection teams at the
Department level and Leaders of specialized inspection teams of competent
regulatory authorities that are assigned to perform the task of specialized
labor inspection, social insurance or the service of sending Vietnamese workers
abroad under contracts shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 37,500,000 for
administrative violations arising from labor or social insurance activities,
and up to VND 50,000,000 for administrative violations arising from the service
of sending Vietnamese workers abroad under contracts;
c) Imposing supplemental penalties in the form
prescribed in Chapter II and IV, except those supplemental penalties prescribed
in clause 5 of Article 31 herein;
d) Applying relief and mitigative measures
stipulated in Chapter II, III and IV herein.
Article 51. Authority to
impose penalties of the Director of the Agency of Overseas Labor
The Director of the Agency of Overseas Labor shall
be authorized to impose administrative penalties prescribed in Chapter IV
herein, including:
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2. Imposing fines of up to VND 100,000,000.
3. Imposing supplemental penalties in the form
prescribed in Chapter IV herein.
4. Applying relief and mitigative measures
stipulated in Chapter IV herein.
Article 52. Authority to
impose penalties of the Director of the Department of Labor Safety
The Director of the Department of Labor Safety
shall be authorized to impose administrative penalties prescribed in Article
19, 20, 21, 22, 23, 24, 25 and 26 herein, including:
1. Imposing penalties in the form of warnings.
2. Imposing fines of up to VND 75,000,000.
3. Imposing supplemental penalties in the form prescribed
in Article 24, 25 and 26 herein.
4. Applying relief and mitigative measures
stipulated in Article 21, 22, 24 and 25 herein.
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1. Directors of provincial-level social security authorities
shall be vested with the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 37,500,000 for
violations arising from social insurance and unemployment insurance contributions
as prescribed in Article 38 herein;
c) Applying relief and mitigative measures
stipulated in clause 7 of Article 38 herein.
2. Director General of Social Security of Vietnam
shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 75,000,000 for
violations arising from social insurance and unemployment insurance
contributions as prescribed in Article 38 herein;
c) Applying relief and mitigative measures
stipulated in clause 7 of Article 38 herein.
3. Leaders of specialized inspection teams
established under the Director General of Social Security of Vietnam shall be
accorded the following authority:
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b) Imposing fines of up to VND 52,500,000 for
violations arising from social insurance and unemployment insurance
contributions as prescribed in Article 38 herein;
c) Applying relief and mitigative measures
stipulated in clause 7 of Article 38 herein.
Article 54. Authority to
impose penalties of other competent authorities
1. Heads of diplomatic missions, consular offices
and other authorities vested with authority assigned as consular officials of
the Socialist Republic of Vietnam in foreign countries shall have the right to
impose penalties for the administrative violations specified in Chapter IV
herein, including:
a) Imposing penalties in the form of warnings;
b) Impose a fine of up to 100,000,000 dong;
a) Applying relief and mitigative measures to
repatriate workers upon the request of the receiving countries or Vietnamese
competent regulatory authorities in accordance with provisions laid down in
Chapter IV herein.
2. Director of the Immigration Administration and
Directors of provincial-level Police Departments shall be accorded authority to
sanction and apply supplemental penalties for the administrative violations
prescribed in clause 3 of Article 31 herein.
Section 2. PROCEDURES FOR
IMPOSITION OF PENALTIES
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1. Workers fined in foreign countries may pay their
fines at Vietnamese diplomatic missions or consular offices operating in their
host countries.
2. Fines must be paid in Vietnamese dong. If fines
are paid in foreign currencies, they must be converted into Vietnamese dong at
the exchange rates quoted by commercial banks at the time of issuing penalty
notices.
3. The Ministry of Labor, War Invalids and Social
Affairs shall preside over and cooperate with the Ministry of Foreign Affairs,
the Ministry of Finance and the Ministry of Justice in providing instructions
for procedures and processes for imposition of administrative penalties for the
service of sending workers abroad that are carried out outside of the territory
of Vietnam.
Chapter VI
IMPLEMENTATION
PROVISIONS
Article 56. Entry into force
1. This Decree shall take effect from April 15,
2020.
2. The Government’s Decree No. 95/2013/ND-CP dated August
22, 2013, regulating administrative penalties for violations arising from
labor, social security activities and the service of sending Vietnamese workers
abroad under contracts, and the Government’s Decree No. 88/2015/ND-CP dated
October 7, 2015, amending and supplementing several articles of the
Government’s Decree No. 95/2013/ND-CP mentioned earlier, shall become defunct
from the date of this Decree's entry into force.
3. Illegal stay in foreign countries after
expiration of contracts as provided in point a of clause 2 of Article 47 herein
shall be seen as administrative violations that are being committed and time
limits for imposition of penalties which begin from the date of detection of
these violations.
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As for any administrative violation arising from
labor, social insurance activities and the service of sending Vietnamese
workers abroad under contracts before the effective date of this Decree which
is then detected, or in the process of consideration and issuance of decisions,
regulations on imposition of penalties laid down herein shall be applied unless
this Decree sets out regulations on legal liability or regulations on more
relieved legal liability that violating entities or persons may assume.
Article 58. Responsibilities
for provision of guidance and implementation
1. The Minister of Labor, War Invalids and Social
Affairs shall be responsible for providing instructions and carrying out
inspection on implementation of this Decree.
2. Ministers, Heads of Ministry-level agencies,
Heads of Governmental bodies, and Chairpersons of People’s Committees of
centrally-affiliated cities and provinces, shall be responsible for
implementing this Decree./.
PP. GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc