THE GOVERNMENT
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|
SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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No. 88/2015/ND-CP
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Hanoi, October
07, 2015
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DECREE
AMENDMENTS
TO THE GOVERNMENT'S DECREE NO. 95/2013/ND-CP DATED AUGUST 22, 2013 ON PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON EMPLOYMENT, SOCIAL
INSURANCE, SOCIAL INSURANCE, AND VIETNAMESE GUEST WORKERS
Pursuant to the Law on Government organization
dated December 25, 2001;
Pursuant to the Law on Actions against
administrative violations dated June 20, 2012;
Pursuant to the Labor Code dated June 18, 2012;
Pursuant to the Law on Trade Union dated June
20, 2012;
Pursuant to the Law on Employments dated November
16, 2013;
Pursuant to the Law on Social insurance dated
June 29, 2006;
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Pursuant to the Law on Vietnamese guest workers
dated November 29, 2006;
At the request of the Minister of Labor, War
Invalids and Social Affairs,
The Government promulgates a Decree on
amendments to the Government's Decree No. 95/2013/ND-CP dated August 22, 2013
on penalties for administrative violations against regulations on employment,
social insurance, social insurance, and Vietnamese guest workers.
Article 1. Amendments to some
Articles of the Government's Decree No. 95/2013/ND-CP dated August 22, 2013 on
penalties for administrative violations against regulations on employment,
social insurance, social insurance, and Vietnamese guest workers
1. Article 3 is amended as follows:
“Article 3. Fines for administrative violations
against regulations on employment, social insurance, social insurance, and
Vietnamese guest workers
1. The fines for violations mentioned in Chapter
II, Chapter III, and Chapter IV of this Decree are applied to individuals,
except for the cases mentioned in Clauses 1, 2, 3 of Article 4, Clauses 2, 4, 6
of Article 9, Clause 7 and Clause 8 of Article 17, Clause 4 of Article 28,
Articles 29 through 34 of this Decree. The fine incurred by an organization is
twice the fine incurred by an individual for the same violation.
2. The maximum fines the persons mentioned in
Chapter V may impose are incurred by individuals. The maximum fines they may impose
upon organizations are twice the fines imposed upon individuals.”
2. Article 4 is amended as follows:
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1. Warnings or fines of from VND 500,000 to VND
1,000,000 shall be imposed upon any employment agency that notifies its
employment service operation against the law.
2. A fine of from VND 1,000,000 to VND 3,000,000
shall be imposed for each worker who is required by the employment agency to
pay employment service charges beyond permissible limits.
3. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed upon any employment agency that provides false or confusing
information about job positions.
4. A fine of from VND 45,000,000 to VND 60,000,000
shall be imposed upon any employment agency that provides employment services
without an employment service license issued by a competent authority or uses
an expired employment service license.
5. Remedial measures: The employment agency shall
be compelled to:
a) Return the amount of employment service charges
collected beyond permissible limits to the payers if the violation mentioned in
Clause 2 of this Article is committed;
b) Return the employment service charges to the
payers if the violation mentioned in Clause 4 of this Article is committed.”
Article 4a is added after Article 4 as follows:
“Article 4a. Violations against regulations on
recruitment and management of workers
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a) Failure to publicly announce the labor demand,
failure to announce the labor demand at least 5 working days before receiving
workers’ applications, or failure to make an announcement that contain
sufficient information as prescribed by law;
b) Failure to publicly announce the recruitment
result or failure to announce the recruitment result within 05 working days
from the day on which the result is available.
2. A fine of from VND 1,000,000 to VND 3,000,000
shall be imposed upon any employer that commits any of the following
violations:
a) Collecting money from applicants;
b) Failure to make a labor management book; failure
to make a labor management book on schedule or that contains sufficient
information as prescribed by law; failure to record and update information
about works on the labor management book when employment contracts take effect;
failure to update information about changes on the labor management book.
3. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for the act of discrimination by gender, skin color, social
class, marital status, belief, religion, HIV infection, impairment in
recruitment, employment, and worker management.
4. Remedial measures: The employer who commits the
violation in Point a Clause 2 of this Article shall be compelled to return the
money collected to the payers.”
4. Article 5 is amended as follows:
“Article 5. Violations against regulations on
conclusion of employment contracts
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a) From VND 1,000,000 to VND 2,000,000 if the
violation involves 01 – 10 workers;
b) From VND 2,000,000 to VND 5,000,000 if the
violation involves 11 – 50 workers;
c) From VND 5,000,000 to VND 10,000,000 if the
violation involves 51 – 100 workers;
d) From VND 10,000,000 to VND 15,000,000 if the
violation involves 101 – 300 workers;
dd) From VND 15,000,000 to VND 20,000,000 if the
violation involves more than 300 workers.
2. A fine of from VND 20,000,000 to VND 25,000,000
shall be imposed upon any employer that commits any of the following
violations:
a) Keeping original copies of workers’ ID papers
and/or qualifications;
b) Requiring workers to put up money or other
property as guarantee for performance of employment contracts;
c) Concluding employment contract with workers aged
from 15 to under 18 without written consents of their legal representatives.
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a) Return the original copies of workers’ ID papers
and qualifications to workers if the violation mentioned in Point a Clause 2 of
this Article is committed;
b) Return the money or property to workers plus an
interest on the money at the highest rate of demand deposit of announced by
state-owned commercial banks at the time of penalty imposition if the violation
mentioned in Point b Clause 2 of this Article is committed.”
5. Article 6 is amended as follows:
“Article 6. Violations against regulations on
probation
1. Warnings or fines of from VND 500,000 to VND
1,000,000 shall be imposed upon any employer who commits any of the following
violations:
a) Requiring workers who work under casual labor
contracts to undergo probation;
b) Failure to notify work results of workers who
underwent probation as prescribed by law.
2. A fine of from VND 2,000,000 to VND 5,000,000
shall be imposed upon any employer that commits any of the following
violations:
a) Requiring workers to undergo more than one
probation period for one job;
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c) Paying employees undergoing probation less than
85% of the wage of the job.
d) Failure to conclude employment contracts with
workers who keep working after the probation period.
3. Remedial measures: The employer shall be
compelled to:
Pay 100% wages to workers if any of the violations
mentioned in Point a Clause 1, Point a, Point b, and Point c Clause 2 of this
Article is committed.”
6. Point c is added to Clause 2 Article 7 as
follows:
“c) Giving workers other jobs against employment
contracts without legitimate reasons or written consents of workers as
prescribed by law.”
7. Article 8 is amended as follows:
“Article 8. Violations against regulations on
revision and termination of employment contracts
1. Fines shall be imposed upon any employer who
commits any of the following violations: Revising the employment contract
duration more than once with appendices or revising the employment contract
duration with appendices that change the type of the concluded employment
contract; failure to pay benefits to the worker on schedule when terminating
the employment contract; failure to pay or pay sufficient severance pay,
redundancy pay to the worker as prescribed by law; failure to pay or pay
sufficient compensation when unilaterally terminating the employment contract
against the law; failure to complete procedures for confirming and returning
other documents to the worker after employment contract is terminated:
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b) From VND 2,000,000 to VND 5,000,000 if the
violation involves 11 – 50 workers;
c) From VND 5,000,000 to VND 10,000,000 if the
violation involves 51 – 100 workers;
d) From VND 10,000,000 to VND 15,000,000 if the
violation involves 101 – 300 workers;
dd) From VND 15,000,000 to VND 20,000,000 if the
violation involves more than 300 workers.
2. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed upon any employer that commits any of the following
violations:
a) Laying off 02 workers or more without discussing
with the internal representative organization of workers or without notifying the
provincial labor authority at least 30 days in advance in case of
restructuring, technological change, or financial reasons;
b) failure to make an employment plan as prescribed
by law.
3. Remedial measures:
a) The employer who fails to pay or pay sufficient
severance pay, redundancy pay, or compensation to the worker mentioned in
Clause 1 of this Article shall be compelled to pay sufficient severance pay,
redundancy pay, compensation to the worker when unilaterally terminating the
employment contract against the law plus an interest on such amount at the
highest rate of demand deposit of announced by state-owned commercial banks at
the time of penalty imposition;
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8. Clauses 2, 3, 4, 8 of Article 9 are amended as
follows:
“2. A fine of from VND 1,000,000 to VND 3,000,000
shall be imposed upon any outsourcing service provider that commits any of the
following violations:
a) Failure to sufficiently record the quantity of
outsourced workers, outsourcing service users (outsourcers), and outsourcing
service charges;
b) Failure to provide information or providing
false information about the outsourcing contract for workers;
c) Failure to send a written notification to the
Department of Labor, War Invalids and Social Affairs of the province of the
location, area, time of commencement, manager, persons holding key positions of
the enterprise; change of the manager or persons holding key positions, charter
capital of the enterprise as prescribed by law; failure to report the
outsourcing status as prescribed by law.
3. Fines shall be imposed upon any outsourcing
service user that commits any of the following violations: Allowing another
employer to hire the hired workers; collecting charges from outsourced workers;
employing outsourced workers longer than the outsourcing duration:
a) From VND 5,000,000 to VND 10,000,000 if the
violation involves 01 – 10 workers;
b) From VND 10,000,000 to VND 20,000,000 if the
violation involves 11 – 50 workers;
c) From VND 20,000,000 to VND 30,000,000 if the
violation involves 51 – 100 workers;
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dd) From VND 40,000,000 to VND 50,000,000 if the
violation involves more than 300 workers.
4. Fines shall be imposed upon any outsourcing
service provider that commits any of the following violations: Paying
outsourced workers less than workers at the same level doing the same jobs or
jobs with the same value of the outsourcing service user; paying wages and
other benefits to outsourced workers less than the amount agreed with the
outsourcing service user; outsourcing workers without the workers’ consent:
a) From VND 10,000,000 to VND 20,000,000 if the
violation involves 01 – 10 workers;
b) From VND 20,000,000 to VND 40,000,000 if the
violation involves 11 – 50 workers;
c) From VND 40,000,000 to VND 60,000,000 if the
violation involves 51 – 100 workers;
d) From VND 60,000,000 to VND 80,000,000 if the
violation involves 101 – 300 workers;
dd) From VND 80,000,000 to VND 100,000,000 if the
violation involves more than 300 workers.”
“8. Remedial measures:
a) The entity that commits the violation mentioned
in Clause 3 of this Article must return the collected charges to the payers;
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c) The entity that commits the violation mentioned
in Clause 5 of this Article must transfer the illegal profits earned from
provision of outsourcing services to state budget.”
9. Point b Clause 3 of Article 10 is amended as
follows:
“b) Recruiting persons under 14 as interns or
apprentices, except for the vocations permitted by law."
10. Article 13 is amended as follows:
“Article 13. Violations against regulations on
wages
1. Warnings or fines of from VND 500,000 to VND
1,000,000 shall be imposed upon any employer that fails to send the pay scale,
payroll, and labor norms to the labor authority of the district as prescribed.
2. A fine of from VND 2,000,000 to VND 5,000,000 shall
be imposed upon any employer that commits any of the following violations:
a) Failure to make the pay scale, payroll, labor
norms, or failure to make the pay scale, payroll, labor norms properly as
prescribed by law;
b) Using the improper pay scale, payroll, or labor
norms after the labor authority of the district has requested that they be
revised;
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d) Failure to inform workers of method of wage
payment at least 10 days before the payment date.
3. Fines shall be imposed upon any employer who
commits any of the following violations: Paying workers lower than the levels
in the pay scale or payroll sent to the labor authority of the district;
failure to pay or failure to sufficiently pay for overtime work, night work,
and wages for suspension period to workers as prescribed by law; deducting
workers’ wages against the law; paying wages against the law when temporarily
reassigning workers against their labor contracts, during the suspension
period, strike period, or unused annual leave:
a) From VND 5,000,000 to VND 10,000,000 if the
violation involves 01 – 10 workers;
b) From VND 10,000,000 to VND 20,000,000 if the
violation involves 11 – 50 workers;
c) From VND 20,000,000 to VND 30,000,000 if the
violation involves 51 – 100 workers;
d) From VND 30,000,000 to VND 40,000,000 if the
violation involves 101 – 300 workers;
dd) From VND 40,000,000 to VND 50,000,000 if the
violation involves more than 300 workers.
4. Fines shall be imposed upon any employer who
pays workers less than the region-based minimum wages prescribed by the
Government:
a) From VND 20,000,000 to VND 30,000,000 if the
violation involves 01 – 10 workers;
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c) From VND 50,000,000 to VND 75,000,000 if the
violation involves more than 50 workers.
5. Fines shall be imposed upon any employer who
fails to pay an extra amount which equals to the amount of compulsory social
insurance, compulsory health insurance, unemployment insurance, and annual
leave allowances to workers who are not required to participate in compulsory
social insurance, compulsory health insurance, unemployment insurance as
prescribed by law:
a) From VND 3,000,000 to VND 5,000,000 if the
violation involves 01 – 10 workers;
b) From VND 5,000,000 to VND 8,000,000 if the
violation involves 11 – 50 workers;
c) From VND 8,000,000 to VND 12,000,000 if the
violation involves 51 – 100 workers;
d) From VND 12,000,000 to VND 15,000,000 if the
violation involves 101 – 300 workers;
dd) From VND 15,000,000 to VND 20,000,000 if the
violation involves more than 300 workers.
6. Additional penalty: The employer who commits the
violation mentioned in Clause 4 of this Article shall have its operation
suspended for 01 – 03 months.
7. Remedial measures: The employer shall be
compelled to:
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b) The employer that commits any of the violations
mentioned in Clause 5 of this Article shall be compelled to pay compulsory
social insurance, compulsory health insurance, unemployment insurance, and
annual leave allowances to workers.”
11. Clause 1 of Article 14 is amended as follows:
“1. A fine of from VND 2,000,000 to VND 5,000,000
shall be imposed upon any employer that commits any of the following
violations:
a) Failure to allow workers to rest during working
hours, between the shifts, leave work to handle personal affairs, or take
unpaid leaves as prescribed;
b) Failure to shorten working hours of works in the
last year before their retirement as prescribed by law;
c) Failure to send a written notification of
overtime work from 200 to 300 hours in a year to the labor authority of the
province.”
12. Clause 2 and Clause 4 of Article 15 are amended
as follows:
“2. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed upon any employer that commits any of the following
violations:
a) Failure to have written labor regulations when
employing 10 employees or more;
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c) Using unregistered labor regulations, labor
regulations that have been registered but have not taken effect, or expired
labor regulations;
d) Taking disciplinary actions, providing damages
against procedures and time limits prescribed by law.”
“4. Remedial measures:
a) The employer that commits the violation
mentioned in Point b Clause 3 of this Article shall be compelled to return the
collect money or pay sufficient wages to workers;
b) The employer that commits any of the violations
mentioned in Point b Clause 2 and Point c Clause 3 of this Article shall be
compelled to reemploy the workers and pay them for the suspension period.”
13. Article 17 is amended as follows:
“Article 17. Violations against regulations on
prevention of occupational accidents and occupational diseases
1. Warnings or fines of from VND 500,000 to VND
1,000,000 shall be imposed upon any worker who commits any of the following
violations:
a) Failure to inform the responsible person when
finding risks of occupational accident, occupational disease, poisoning, or
danger;
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c) Failure to use personal protective equipment or
using them for improper purposes.
2. Fines shall be imposed upon any employer who
fails to provide training in occupational safety and occupational hygiene for
workers, interns, and apprentices as prescribed by law:
a) From VND 1,000,000 to VND 3,000,000 if the
violation involves 01 – 10 workers;
b) From VND 3,000,000 to VND 5,000,000 if the
violation involves 11 – 50 workers;
c) From VND 5,000,000 to VND 10,000,000 if the
violation involves 51 – 100 workers;
d) From VND 10,000,000 to VND 15,000,000 if the
violation involves 101 – 300 workers;
dd) From VND 15,000,000 to VND 20,000,000 if the
violation involves more than 300 workers.
3. A fine of from VND 10,000,000 to VND 15,000,000
shall be imposed upon any employer that commits any of the following
violations:
a) Failure to immediately take remedial measures or
stop the operation of the machinery, equipment, or workplace posing risks of
occupational accidents or occupational diseases;
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c) Failure to obtain the certificate of completion
of training occupational safety and occupational hygiene as prescribed;
d) Employing persons without certificates of
completion of training in occupational safety and occupational hygiene to take
charge of occupational safety and occupational hygiene works;
dd) Failure to provide information about occupational
accidents, occupational diseases, dangerous and harmful factors, measures for
ensuring occupational safety and occupational hygiene at the workplace for
workers;
e) Failure to provide periodic check-ups for
workers as prescribed;
g) Failure to provide occupational disease
examinations for workers as prescribed;
h) Failure to assign appropriate works for
employees having occupational diseases or occupational accidents according to
the conclusion of the Medical Examination Council;
i) Failure to take measures for decontamination
and/or sterilization at the workplace having contaminating or infective
elements after working hours.
4. Fines shall be imposed upon any employer that
commits any of the following violations: Failure to provide adequate personal
protective equipment; failure to provide personal protective equipment that
meet standards for workers whose jobs are dangerous or harmful; failure to
provide perquisites for workers who work under harmful conditions; failure to
provide sufficient perquisites for workers who do harmful, dangerous jobs;
paying money instead of perquisites:
a) From VND 3,000,000 to VND 6,000,000 if the
violation involves 01 – 10 workers;
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c) From VND 10,000,000 to VND 15,000,000 if the
violation involves 51 – 100 workers;
d) From VND 15,000,000 to VND 20,000,000 if the
violation involves 101 – 300 workers;
dd) From VND 20,000,000 to VND 30,000,000 if the
violation involves more than 300 workers.
5. A fine of from VND 10,000,000 to VND 15,000,000
shall be imposed for each worker having occupational accidents that does not
receive first aid and proper treatment from the employer.
6. Fines imposed upon employers who violate
regulations on using machinery, equipment, materials subject to strict safety
requirements:
a) A fine of from VND 1,000,000 to VND 3,000,000
shall be imposed for failure to report the inspection of machinery, equipment,
materials subject to strict safety requirements to competent authorities;
b) A fine of from VND 3,000,000 to VND 5,000,000
shall be imposed for failure to report before using machinery, equipment,
materials subject to strict safety requirements;
c) A fine of from VND 50,000,000 to VND 75,000,000
shall be imposed for keeping on using machinery, equipment, materials subject
to strict safety requirements that fail the inspection;
d) A fine of 2 – 3 times the total fee for
inspection of the machinery, equipment, materials shall be imposed for failure
to have them inspected before use or failure to have them periodically
inspected as prescribed by law.
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a) A fine of from VND 2,000,000 to VND 5,000,000
shall be imposed for: failure to report the provision of occupational safety
and occupational hygiene training as prescribed; using forged or false
documents to apply for the certificate of eligibility to provide occupational
safety and occupational hygiene if not liable to criminal prosecution;
b) A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for: provide training against the program; failure to satisfy
requirements in terms of lecturers and facilities when providing training;
failure to maintain fulfillment of conditions for providing training services
according to the certificate of eligibility to provide training;
c) A fine of from VND 20,000,000 to VND 25,000,000
shall be imposed for: issuing of certificates of training without actual
training; issuing certificates to improper persons; provide training beyond the
scope written on the certificate of eligibility to provide training;
d) A fine of from VND 25,000,000 to VND 50,000,000
shall be imposed for: forging documents when providing training if not liable
to criminal prosecution; committing fraud while providing training;
dd) A fine of from VND 50,000,000 to VND 75,000,000
shall be imposed for: providing training without the certificate of eligibility
to provide training or while the certificate has expired.
8. Fines imposed upon providers of occupational
safety inspection services that violate regulations on occupational safety
inspection:
a) A fine of from VND 3,000,000 to VND 5,000,000
shall be imposed for: failure to report the provision occupational safety
inspection services; using forged or false documents to apply for the
certificate of eligibility to provide inspection services if not liable to
criminal prosecution;
b) A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for: failure to maintain the fulfillment of conditions for
inspection according to the certificate of eligibility to provide inspection
services; failure to submit reports on inspection results the competent
authority for 18 consecutive months;
c) A fine of from VND 40,000,000 to VND 50,000,000
shall be imposed for: Carrying out inspections beyond the scope written on the
certificate of eligibility to provide inspection services; failure to adhere to
the inspection procedures;
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dd) A fine of from VND 70,000,000 to VND
100,000,000 shall be imposed for: providing false inspection results; providing
inspection results without actually carrying out the inspection;
e) A fine of from VND 100,000,000 to VND
150,000,000 shall be imposed for: providing inspection services without the
certificate of eligibility to provide inspection services or while the
certificate has expired.
9. A fine of from VND 2,000,000 to VND 4,000,000
shall be imposed upon any inspector that commits any of the following
violations:
a) Failure to adhere to the inspection procedures
announced or imposed by a competent authority;
b) Carrying out inspections without an inspector’s
certificate or while the inspector’s certificate has expired or beyond the
scope written on the certificate.
10. Additional penalties:
a) The provider of occupational safety and
occupational hygiene training services that commits the violation mentioned in
Point b Clause 7 of this Article shall be suspended from providing training
services for 1 – 3 months;
b) The provider of occupational safety and
occupational hygiene training services that commits any of the violations
mentioned in Point c and Point d Clause 7 of this Article shall have its
certificate of eligibility to provide occupational safety and occupational
hygiene training suspended for 1 – 6 months;
c) The provider of occupational safety inspection
services that commits the violation mentioned in Point b Clause 8 of this
Article shall be suspended from providing inspection services for 1 – 3 months;
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dd) The inspector that commits the violation
mentioned in Point a Clause 9 of this Article shall have his/her inspector’s
certificate suspended for 1 – 3 months.
11. Remedial measures:
a) The entity that commits the violation mentioned
in Point a Clause 3 of this Article shall be compelled to stop using the
machinery, equipment, or workplace at risks of occupational accidents or
occupational diseases;
b) The entity that commits any of the violations
mentioned in Clause 4 of this Article shall be compelled to provide adequate
personal protective equipment that meet technical regulations and standards for
workers whose jobs are dangerous or harmful;
c) The entity that commits the violation mentioned
in Point c and Point d Clause 6 of this Article shall be compelled to stop
using the machinery, equipment, or workplace subject to strict safety
requirements;
d) The entity that commits any of the violations
mentioned in Point b, Point c, Point d, and Point dd Clause 7 of this Article
shall be compelled to return the training cost plus an interest thereon at the
highest rate of demand deposit of announced by state-owned commercial banks at
the time of penalty imposition;
dd) The entity that commits any of the violations
mentioned in Point c, Point d, Point dd, and Point e Clause 8 of this Article
shall be compelled to return the inspection cost plus an interest thereon at
the highest rate of demand deposit of announced by state-owned commercial banks
at the time of penalty imposition.”
14. Clause 2 of Article 20 is amended as follows:
“2. A fine of from VND 10,000,000 to VND 15,000,000
shall be imposed upon any employers that keep original copies ID papers of
domestic servants.”
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“Article 22. Violations against regulations on
foreigners working in Vietnam
1. Any foreign worker in Vietnam that commits any
of the following violations shall be expelled:
a) Working without a work permit as prescribed by
law, except for those exempt from work permits;
b) Using an expired work permit.
2. A fine of from VND 1,000,000 to VND 2,000,000
shall be imposed upon any employer that fails submit a report on employment of
foreigners to the labor authority, or submits an insufficient report, or
submits report behind schedule.
3. Fines imposed upon employers who employ foreign
workers in Vietnam without work permits or certificates of exemption from work
permits, or employ foreign workers using expired work permits:
a) From VND 30,000,000 to VND 45,000,000 if the
violation involves 01 – 10 workers;
b) From VND 45,000,000 to VND 60,000,000 if the
violation involves 11 – 20 workers;
c) From VND 60,000,000 to VND 75,000,000 if the
violation involves more than 20 workers.
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16. Article 22a is added after Article 22 as
follows:
“Article 22a. Violations against regulations on
hiring Vietnamese workers to work for foreign organizations and individuals in
Vietnam
1. A fine of from VND 1,000,000 to VND 3,000,000
shall be imposed for employing Vietnamese workers without reporting the employment
of Vietnamese workers to an organization competent to hire and manage
Vietnamese workers as prescribed by law.
2. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for employing Vietnamese workers without sending a written
notification enclosed with concluded employment contracts to an organization
competent to hire and manage Vietnamese workers working for foreign
organizations and individuals in Vietnam as prescribed by law.
17. Article 24 is amended as follows:
“Article 24. Violations against regulations on
protection of trade union rights
1. Warnings or fines of from VND 500,000 to VND
1,000,000 for shall be imposed upon any employer who commits any of the
following violations:
a) Failure to provide a working area and necessary
equipment for union representatives;
b) Failure to allow part-time union representatives
to do trade union works during working hours;
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d) Failure to provide information, cooperate,
enable the trade union to perform its rights and obligations to represent and
protect lawful rights and interests of workers.
2. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed upon any employer that commits any of the following
violations:
a) Rejecting trade union’s requests, discussion,
negotiation;
b) Refusing to reach a written agreement with the
executive board of internal trade union or superior trade union when
unilaterally terminating employment contracts, reassigning workers against
employment contracts, or laying off workers being part-time union
representatives.
3. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for taking advantage of trade union rights to commit
violations of law, infringe state interests, the lawful rights and interests of
organizations, enterprises, individuals.
4. Remedial measures:
a) The entity that commits any of the violations
mentioned in Point a and Point b Clause 1 of this Article shall be compelled to
facilitate the operation of trade union and provide time for trade union works;
b) The entity that commits the violation mentioned
in Point b Clause 2 of this Article shall be compelled to reemploy the worker.”
18. Article 24a, Article 24b, and Article 24c are
added after Article 24 as follows:
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1. Warnings or fines of from VND 3,000,000 to VND
5,000,000 for shall be imposed upon any employer who commits any of the
following violations:
a) Discriminatory treatment in terms of wages,
working time, other rights and obligations in the labor relation in order to
prevent workers from establishing, joining the trade union, or from doing trade
union activities;
b) Failure to renew employment contracts with
part-time union representatives whose employment contracts expire during their
trade union tenure;
c) Illegally disciplining or terminating employment
contracts with workers because they establish, join the trade union, or do
trade union activities;
d) Harassing, abusing, obstructing union
representatives, or rejecting professional promotion of union representatives;
dd) Providing false information to defame union
representatives.
2. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed upon any employer that commits any of the following
violations:
a) Imposing regulations that restrict the workers’
right to become union representatives;
b) Influencing, obstructing the election/selection
of union representatives;
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3. Remedial measures:
a) The employer that commits the violation
mentioned in Point b Clause 1 of this Article shall be compelled to renew employment
contracts with the part-time union representatives;
b) The employer that commits the violation
mentioned in Point c Clause 1 of this Article shall be compelled to reemploy
the workers, and pay sufficient wages, social insurance, and health insurance
for the suspension period;
c) The employer that commits the violation
mentioned in Point dd Clause 1 of this Article shall be compelled to rectify
information.
Article 24b. Violations against regulations on
implementation of financial measures or other measures that are disadvantages
to the organization and operation of the trade union
1. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed upon any employer that commits any of the following
violations:
a) Failure to pay wages to workers who do part-time
trade union activities;
b) Failure to provide the same interests and
benefits for workers who do full-time trade union activities as other workers
in the same organization;
c) Take financial measures to prevent workers from
joining the trade union or doing trade union activities.
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a) The employer that commits the violation
mentioned in Point a Clause 1 of this Article shall be compelled to pay wages
to the workers who do part-time trade union activities;
b) The employer that commits the violation
mentioned in Point b Clause 1 of this Article shall be compelled to provide the
same interests and benefits for workers who do full-time trade union activities
as other workers in the same organization.
Article 24c. Violations against regulations on
payment of trade union fees
1. A fine of from 12% to 15% of total trade union
fee but not exceeding VND 75,000,000 shall be imposed upon any employer that
commits any of the following violations:
a) Paying trade union fees behind schedule;
b) Failure to pay sufficient trade union fees;
c) Failure to collect sufficient trade union fees.
2. A fine of from 18% to 20% of total trade union
fee but not exceeding VND 75,000,000 shall be imposed upon any employer that
fails to pay trade union fees for workers who have to pay trade union fees.
3. Remedial measures:
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19. Clause 1 of Article 26 is amended as follows:
“1. Warnings or fines of from VND 500,000 to VND
1,000,000 for shall be imposed upon any worker who colludes with the employer
to avoid paying compulsory social insurance, unemployment insurance, or to
avoid paying sufficiently.”
20. Article 27 is amended as follows:
“Article 27. Violations against regulations on
applying for social insurance payout, unemployment insurance payout
1. A fine of from VND 500,000 to VND 1,000,000 for
shall be imposed upon any worker who provides false information, falsifies
documents related to provision of social insurance or unemployment insurance
payout.
2. A fine of from VND 1,000,000 to VND 2,000,000
for shall be imposed upon any worker who commits any of the following
violations:
a) Colluding with the vocational training
institution in forging documents to obtain vocational training allowances if
not liable to criminal prosecution;
b) Failure to notify the employment agency when the
worker finds a job within 15 days from the day on which the application for
unemployment benefit is submitted;
c) The worker who is receiving unemployment benefit
that fails to notify the employment agency that he/she: has found a job; has to
do military/police service; is receiving monthly pension; is going to reside overseas;
is going to work overseas under a contract; is taking a training course with
duration of 12 months or longer; is compelled to go to a reform school, or
rehabilitation center.
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4. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for each application for social insurance/unemployment
insurance payout forged by the employer for self-seeking purposes if not liable
to criminal prosecutions;
5. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed upon any employer that provides training courses/refresher
courses for workers against the plan approved by a competent authority.
6. Remedial measures:
a) The entity that commits the violations mentioned
in Clause 1 and Clause 2 of this Article shall be compelled to return the
social insurance money or unemployment benefit to the social insurance agency;
b) The employer that commits the violation
mentioned in Clause 5 of this Article shall be compelled to provide training
courses/refresher courses for workers in accordance with the plan approved by a
competent authority.”
21. Article 28 is amended as follows:
“Article 28. Violations against other
regulations on social insurance and unemployment insurance
1. A fine of from VND 500,000 to VND 1,000,000
shall be imposed upon any employer that commits any of the following
violations:
a) Failure to provide or failure to provide
sufficient documents and information about compulsory social insurance and
unemployment insurance at the request of competent authorities;
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c) Failure to send a written request to the social
insurance agency for confirmation of payment of unemployment insurance for
workers for them to complete applications for unemployment insurance as
prescribed;
d) Losing, damaging, or falsifying social insurance
books.
2. A fine of from VND 1,000,000 to VND 2,000,000
shall be imposed upon any employer that commits any of the following violations
and multiplied by the number of workers involved:
a) Failure to pay sickness benefit, maternity
benefit, health recovery benefit within 03 working days from the day on which
satisfactory documents are received from the workers;
b) Failure to pay occupational accident benefit or
occupational disease benefit within 15 days from the day on which the payment
decision is received from the social insurance agency.
3. A fine of from VND 2,000,000 to VND 3,000,000
shall be imposed upon any employer that commits any of the following violations
and multiplied by the number of workers involved:
a) Failure to make an application to buy compulsory
social insurance, unemployment insurance for the worker within 30 days from the
conclusion date of the employment contract or from the recruitment date;
b) Failure to request the social insurance agency
to provide pension benefit, occupational accident benefit, or occupational
disease benefit as prescribed;
c) Failure to introduce the worker to undergo
assessment of work ability decline by a Medical Examination Council for
receiving social insurance payout
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a) Providing vocational training courses with
insufficient duration for workers who have unemployment insurance;
b) Colluding with another organization or
individual to appropriate the subsidy for vocational training.
5. A fine of from VND 20,000,000 to VND 30,000,000
shall be imposed upon any employer that uses the social insurance fund for
improper purposes.
6. Remedial measures:
a) The entity that commits any of the violations
mentioned in Point a and Point b Clause 2 of this Article shall be compelled to
provide sufficient social insurance payout for the worker;
b) The vocational training institution that commits
the violation mentioned in Point a Clause 4 of this Article shall be compelled
to provide training courses with sufficient duration for workers having
unemployment insurance;
c) The vocational training institution that commits
the violation mentioned in Point b Clause 4 of this Article shall be compelled
to transfer the illegal profit to state budget;
d) The employer that commits the violation
mentioned in Clause 5 of this Article shall be compelled to return the profit
from improper use of the social insurance fund.”
22. Clause 1 and Clause 2 of Article 32 are amended
as follows:
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a) Failure to provide necessary knowledge for
workers before starting to work overseas as prescribed;
b) Failure to test and issue certificates to
workers who have completed the training course;
c) Failure to register the template of the
certificate of training course completion issued to Vietnamese people working
overseas as prescribed;
d) failure to provide documents that contain necessary
documents for workers as prescribed.
2. A fine of from VND 80,000,000 to VND 100,000,000
shall be imposed for failure to organize or cooperate with a vocational
training institution to provide training in vocational skills and foreign
languages for people working overseas as requested by the manpower supply
contract.”
23. Point c Clause 1 of Article 39 is amended as
follows:
“c) Remedial measures: Repatriate the workers at
the request of the foreign country or a competent authority of Vietnam; request
workers to return to Vietnam as prescribed in Chapter IV of this Decree.”
Article 2. Implementation
1. This Decree comes into force from November 25,
2015.
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3. Regulations of the Law on Social insurance 2014
shall apply to interest rates on unpaid social insurance and unemployment
insurance mentioned in Point b Clause 4 Article 26 of Decree No. 95/2013/ND-CP
from January 01, 2016.
4. Illegally staying in a foreign country after
expiration of employment contracts as mentioned in Point a Clause 2 Article 35
of Decree No. 95/2013/ND-CP is considered an administrative violation and the
time limit for penalty imposition shall begin when the violation is discovered.
5. Point a Clause 2 Article 28 of Decree No.
95/2013/ND-CP, which is amended in this Decree, is annulled from January 01,
2016.
6. Point b Clause 2 Article 28 of Decree No.
95/2013/ND-CP, which is amended in this Decree, is annulled after December 31,
2015; From January 01, 2015, it shall be replaced with this paragraph: “Failure
to provide occupational accident benefits or occupational diseases benefits
within 10 days from the day on which money is paid by the social insurance
agency.”
Article 3. Implementation
Ministers, Heads of ministerial agencies, Heads of
Governmental agencies, Presidents of the People’s Committees of provinces are
responsible for implementation of this Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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