THE GOVERNMENT
--------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
|
No. 95/2013/ND-CP
|
Hanoi, August 22, 2013
|
DECREE
ON PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON LABOR, SOCIAL INSURANCE, AND
OVERSEAS MANPOWER SUPPLY
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Handling administrative
violations dated June 20, 2012;
Pursuant to the Labor Code dated June 18, 2012;
Pursuant to the Law on Social insurance dated June
29, 2006;
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter 1.
GENEREAL PROVISIONS
Article 1. Scope of regulation
This Decree deals with the violations, penalties, fines, remedial
measures, the powers to impose penalties, the procedure for imposing penalties against regulations on labor, social insurance, and overseas
manpower supply.
Article 2. Subjects of application
1. Employers.
2. Workers.
3. The organizations and individuals that commit violations specified in
this Decree.
Article 3. Fines for administrative violations against
regulations on labor, social insurance, and overseas manpower supply
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The powers to impose penalties for administrative violations specified
in Chapter VI of this Decree are applicable to individuals. The powers to
impose fines incurred by organizations are twice at much those
applicable to individuals.
Chapter 2.
VIOLATIONS, PENALTIES, FINE LEVELS AND REMEDIAL
MEASURES APPLICABLE TO VIOLATIONS AGAINST REGULATIONS ON LABOR
Article 4. Violations against regulations on
employment services
1. The employment agency shall carry a fine of from 1,000,000 VND to
3,000,000 VND for each worker that is charged beyond the following limits:
a) A fine of from 5,000,000 VND to 10,000,000 VND for misinformation or
causing confusion as to the work position;
b) A fine of from 45,000,000 VND to 60,000,000 VND for running the
employment agency without being licensed by a competent authority, or using an
expired license.
2. Remedial measures:
a) Compelling the return of employment service charge that exceeds the
limits, applicable to the violations in Clause 1 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 5. Violations against the regulations on labor
contract conclusion
1. When committing one of the following acts: failing to conclude written
labor contracts for permanent jobs that last for more than 3 months; failing to
conclude the right types of contracts with workers according to Article 22 of
the Labor Code, the employer shall be liable to:
a) A fine of from 500,000 VND to 2,000,000 VND, if the violation concerns
01 - 10 workers.
b) A fine of from 2,000,000 VND to 5,000,000 VND, if the violation
concerns 11 - 50 workers.
c) A fine of from 5,000,000 VND to 10,000,000 VND, if the violation
concerns 51 - 100 workers.
d) A fine of from 10,000,000 VND to 15,000,000 VND, if the violation
concerns 101 - 300 workers.
dd) A fine of from 15,000,000 VND to 20,000,000
VND, if the violation concerns 301 workers or more.
2. The employer shall be liable to a fine of from 20,000,000
VND to 25,000,000 VND when committing one of the
following acts:
a) Keeping the original copies of ID papers, qualifications and
certificates of workers;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Remedial measures:
a) Compelling the return of the ID papers, qualifications and certificates
to the workers, applicable to the violations in Point a Clause 2 of this
Article;
b) Compelling the return of the money or assets to the workers, together with
an interest on the money at the maximum rate of interest on demand deposits
announced by the State bank of Vietnam when the violation is imposed,
applicable to the violations in Point b Clause 2 of this Article.
Article 6. Violations against regulations
on probation
1. The employer shall be liable to a
fine of from 500,000 VND to 1,000,000 VND if seasonal workers are
requested to undergo probation.
2. The employer shall be liable to a
fine of from 2,000,000 VND to 5,000,000 VND when committing one of the following violations:
a) Requesting workers to undergo more than 01 probation;
b) The probation extends beyond the permissible length;
c) Paying the workers under probation lower than 85% of the official
wages.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 7. Violations against the regulations on labor
contract execution
1. The employer shall be liable to a
fine of from 500,000 VND to 1,000,000 VND if they fail to notify the
worker in writing at least 15 days prior to the expiration date of the
fixed-term labor contract.
2. The employer shall be liable to a
fine of from 3,000,000 VND to 7,000,000 VND when committing one of the
following acts:
a) Assigning the worker to work at another location than that agreed in
the labor contract, except for the cases in Article 31 of the Labor Code;
b) Refusing to re-employ the worker after the end of the labor contract
suspension, unless otherwise agreed by the employer and the worker.
3. Remedial measure: compelling the employer to pay the worker for the days the worker is not re-employed after the
labor contract suspension, applicable to the violations in Point
b Clause 2 of this Article.
Article 8. Violations against the
regulations amending and terminating labor contracts
1. When committing one of the following acts: failing to provide
or sufficiently provide the severance pay, redundancy pay to the worker within
the deadline prescribed in Clause 2 Article 47 of the Labor Code; failing to
complete the procedure for certifying and returning other papers to the worker
after the labor contract is terminated, according to Clause 3 Article 47 of the
Labor Code, the employer shall be liable to:
a) A fine of from 500,000 VND to 2,000,000 VND, if the violation concerns
01 - 10 workers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of from 5,000,000 VND to 10,000,000 VND, if the violation
concerns 51 - 100 workers.
d) A fine of from 10,000,000 VND to 15,000,000 VND, if the violation
concerns 101 - 300 workers.
dd) A fine of from 15,000,000 VND to 20,000,000 VND, if the
violation concerns 301 workers or more.
2. Remedial measures:
a) Compelling the employer to provide the severance pay, redundancy pay to
the worker, together with an interest on the such amount at the maximum rate of
interest on demand deposits announced by the State bank of Vietnam when the
violation is imposed, if the worker is not provided or sufficiently provided
with severance pay, redundancy pay according to Clause 1 of this Article;
b) Compelling the employer to complete the procedure for certifying and
returning other papers to the worker, if the procedure for certifying and
returning other papers to the worker is not completed after the labor contract
is terminated according to Clause 1 of this Article.
Article 9. Violations against the
regulations on outsourcing
1. One of the following acts committed by the outsourcing service user
shall carry a fine of from 500,000 VND to 1,000,000
VND:
a) Failing to inform the outsourced workers of the labor regulations of
the company;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. One of the following acts committed by the outsourcing
service provider shall carry a fine of from 1,000,000 VND to
3,000,000 VND:
a) Failing to prepare documents specifying the outsourced workers, the outsourcing
service user, or failing to send reports to the labor relations authority of
the province;
b) Failing to inform or incorrectly informing the worker of the
outsourcing contract.
3. When committing one of the following acts: assigning an outsourced
worker to another employer, charging outsourced workers; requiring outsourced
workers to do the jobs not in the list of outsourced jobs; employing outsourced
workers beyond the outsourcing duration, the outsourcing service user shall be
liable to:
a) A fine of from 5,000,000 VND to 10,000,000 VND, if the violation
concerns 01 - 10 workers.
b) A fine of from 10,000,000 VND to 20,000,000 VND, if the violation
concerns 11 - 50 workers.
c) A fine of from 20,000,000 VND to 30,000,000 VND, if the violation concerns
51 - 100 workers.
d) A fine of from 30,000,000 VND to 40,000,000 VND, if the violation
concerns 101 - 300 workers.
dd) A fine of from 40,000,000 VND to 50,000,000 VND, if the
violation concerns 301 workers or more.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine of from 10,000,000 VND to 20,000,000 VND, if the violation
concerns 01 - 10 workers.
b) A fine of from 20,000,000 VND to 40,000,000 VND, if the violation
concerns 11 - 50 workers.
c) A fine of from 40,000,000 VND to 60,000,000 VND, if the violation
concerns 51 - 100 workers.
d) A fine of from 60,000,000 VND to 80,000,000 VND, if the violation
concerns 101 - 300 workers.
dd) A fine of from 80,000,000 VND to 100,000,000 VND, if the
violation concerns 301 workers or more.
5. The provision of outsourcing services without the license to provide
outsourcing services shall carry a fine of from 50,000,000 VND to
75,000,000 VND.
6. The outsourcing service provider shall be liable
to a fine of from 80,000,000 VND to 100,000,000 VND when
committing one of the following acts:
a) Lending the license for outsourcing to another company to provide
outsourcing services;
b) Providing outsourcing services for the fields or jobs prohibited by
law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Providing outsourcing services to an enterprise in the same parent
company-subsidiary company relationship, or the same corporation of which the
service provider is an affiliate.
7. Additional penalties:
a) Confiscating the license for outsourcing for 01 - 03 months, applicable
to the violations in Clause 4 of this Article;
b) Confiscating the license for outsourcing for 06 - 12 months, applicable
to the violations in Clause 6 of this Article.
8. Remedial measures:
a) Compelling the outsourcing service provider to pay the difference in
wage for the worker, applicable to the violations in Clause 4 of this Article;
b) Compelling the return of the illegal profit earn from the provision of
outsourcing services, applicable to the violations in Clause 5 of this Article.
Article 10. Violations against regulations on
provision of vocational training and refresher courses
1. The employer shall be liable to a fine of from 500,000
VND to 1,000,000 VND when committing one of the following acts:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to report the result of vocational training and refresher courses
to the provincial labor relations authority in the annual labor report.
2. When committing one of the following acts: failing to provide
vocational training workers before reassigning them; failing to sign training
contracts with apprentices; failing to pay apprentices for their training
period during which they directly produce or participate in the production of
qualified products; failing to sign labor contracts with apprentices after the
end of the apprenticeship, the employer shall be liable to:
a) A fine of from 500,000 VND to 2,000,000 VND if the violation concerns
01 - 10 workers.
b) A fine of from 2,000,000 VND to 5,000,000 VND if the violation concerns
11 - 50 workers.
c) A fine of from 5,000,000 VND to 10,000,000 VND if the violation concerns
51 - 100 workers.
d) A fine of from 10,000,000 VND to 15,000,000 VND if the violation
concerns 101 - 300 workers.
dd) A fine of from 15,000,000 VND to 20,000,000 VND if the
violation concerns 301 workers or more.
3. The employer shall be liable to a fine of from 20,000,000
VND to 25,000,000 VND when committing one of the following acts:
a) Taking advantage of vocational training to seek profit, exploit
workers, or forcing apprentices to commit illegal acts;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Remedial measures:
a) Compelling the employer to pay apprentices for their training period
during which they directly produce or participate in the production of
qualified products, applicable to the violations in Clause 2 of this Article;
b) Compelling the employer to return the profit earned from illegally
taking advantage of vocational training to seek profit, exploit workers, or
forcing apprentices to commit illegal acts, applicable to the violations in
Point a Clause 3 of this Article.
Article 11. Violations against
regulations on workplace communication
1. The employer shall be liable to a fine of from 500,000
VND to 1,000,000 VND when committing one of the following acts:
a) Failing to comply with the principles of democracy at the workplace
defined by law;
b) Failing to provide places and other conditions necessary for workplace
communication.
2. The employer shall be liable to a fine of from 2,000,000
VND to 5,000,000 VND when committing one of the following acts:
a) Failing to carry out workplace communication every 03 months;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 12. Violations against the
regulations on collective bargaining agreement
1. The employer shall be liable to a fine of from 500,000
VND to 1,000,000 VND when committing one of the following acts:
a) Failing to send the collective bargaining agreement to the provincial
labor relations authority;
b) Failing to pay the cost of negotiation, conclusion, amendment, and
sending, and announcement of the collective bargaining agreement;
c) Failing to inform workers of the contents of the collective bargaining
agreement.
2. The employer shall be liable to a fine of from 3,000,000
VND to 5,000,000 VND when committing one of the following acts:
a) Failing to provide information about the production and business at the
request of the worker collective to open collective bargaining;
b) Failing to open collective bargaining to conclude or amend the
collective bargaining agreement on request.
3. The employer shall be liable to a fine of from 10,000,000
VND to 15,000,000 VND when applying a collective bargaining agreement
that is declared null and void.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The employer shall be liable to a fine of from 500,000 VND to 1,000,000
VND when failing to report the pay scale, payroll, and work limits to the labor
relations authority of the district.
2. The employer shall be liable to a fine of from 2,000,000
VND to 5,000,000 VND when committing one of the following acts:
a) Failing to establish the pay scale, payroll, work limits, and reward
scheme in accordance with law;
b) Failing to consult the representative of workers when establishing the
pay scale, payroll, work limits, and reward scheme;
a) Failing to announce the pay scale, payroll, work limit, and reward
scheme at the workplace;
d) Failing to notify the method of wage payment to workers at least 10
days before the payment is made.
3. When committing one of the following acts: failing to pay wages on time
according to Article 96 of the Labor Code; paying wages at a lower rate than
that in the pay scale or payroll sent to the labor relations authority of the
district; paying for overtime work or night shift at a lower rate that than
prescribed in Article 97 of the Labor Code; deducting wages of workers in
contravention of Article 101 of the Labor Code; failing to provide severance
pay for workers according to Article 98 of the Labor Code, the employer shall
be liable to:
a) A fine of from 5,000,000 VND to 10,000,000 VND, if the violation
concerns 01 - 10 workers.
b) A fine of from 10,000,000 VND to 20,000,000 VND, if the violation
concerns 11 - 50 workers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine of from 30,000,000 VND to 40,000,000 VND, if the violation
concerns 101 - 300 workers.
dd) A fine of from 40,000,000 VND to 50,000,000 VND, if the
violation concerns 301 workers or more.
4. When paying their workers at a lower rate than the minimum wages
decided by the Government, the employer shall be liable to:
a) A fine of from 20,000,000 VND to 30,000,000 VND, if the violation
concerns 01 - 10 workers.
b) A fine of from 30,000,000 VND to 50,000,000 VND, if the violation
concerns 11 - 50 workers.
c) A fine of from 50,000,000 VND to 75,000,000 VND, if the violation
concerns 51 workers or more.
5. Additional penalty: suspending the operation for 01 - 03 months if the
employer commits the violations in Clause 4 of this Article.
6. Remedial measures:
a) Compelling the worker to pay sufficient wages to workers, applicable to
the violations in Clause 3 and Clause 4 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 14. Violations against
regulations on hours of works and rest
1. The employer shall be liable to a fine of from 2,000,000
VND to 5,000,000 VND when failing to grant workers sufficient rest
breaks during working hours and between shifts, personal leaves, and unpaid
leaves as prescribed.
2. When committing violations against regulations on weekly rest, annual
leave and holidays, the employer shall be liable to:
a) A fine of from 500,000 VND to 1,000,000 VND, if the violation concerns
01 - 10 workers.
b) A fine of from 1,000,000 VND to 3,000,000 VND, if the violation
concerns 11 - 50 workers.
c) A fine of from 3,000,000 VND to 7,000,000 VND, if the violation
concerns 51 - 100 workers.
d) A fine of from 7,000,000 VND to 10,000,000 VND, if the violation
concerns 101 - 300 workers.
dd) A fine of from 10,000,000 VND to 15,000,000 VND, if the
violation concerns 301 workers or more.
3. The employer shall be liable to a fine of from 20,000,000
VND to 25,000,000 VND when committing one of the following acts:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Mobilizing workers to work overtime without their consent, except for
the cases in Article 107 of the Labor Code.
4. The employer shall be liable to a fine of from 25,000,000
VND to 50,000,000 VND when mobilizing workers to
work overtime more than the maximum working hours prescribed in Point b Clause
2 Article 106 of the Labor Code, or more than 12 hours in a day during holidays
and weekends.
5. Additional penalty: suspending the
operation for 01 - 03 months if the employer commits the violations in Clause 4
of this Article.
Article 15. Violations against the
regulations on labor discipline and responsibility
1. The employer that fails to announce or post the
labor regulation at proper places at the work place shall be
liable to a fine of from 500,000 VND to 1,000,000 VND.
2. The employer shall be liable to a fine of from 5,000,000
VND to 10,000,000 VND when committing one of the following acts:
a) Failing to make a written labor regulation when 10 workers or more are
employed;
b) Using a labor regulation that is not registered with the provincial
labor relations authority;
c) Using an expired labor regulation.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Committing physical or mental assaults against workers when taking
disciplinary actions;
b) Imposing fines or salary cut as disciplinary actions;
c) Impose penalties against the violations that are not mentioned in the
labor regulation.
4. Remedial measures:
a) Compelling the employer to return the fines collected or pay sufficient
wages to workers, applicable to the violations in Point b Clause 3 of this
Article;
b) Compelling the employer to re-employ the worker and pay for the days
the worker is wrongly dismissed, applicable to the violations in Point c Clause
3 of this Article.
Article 16. Violations against the
regulations on occupational safety and occupational hygiene
1. The employer shall be liable to a fine of from 2,000,000
VND to 5,000,000 VND when committing one of the following acts:
a) Failing to consult the representative of workers when establishing the
plans for ensuring occupational safety and occupational hygiene;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to appoint persons in charge of occupational safety and
occupational hygiene;
d) Failing to make periodic statistics and reports, or making false
reports on occupational accidents, occupational illness, and severe accidents
as prescribed by law.
2. The employer shall be liable to a fine of from 5,000,000
VND to 10,000,000 VND when committing one of the following acts:
a) Failing to periodically assess the harms at the workplace;
b) Failing to make plans for ensuring occupational safety and occupational
hygiene in the workplace when building, extending, or upgrading the
constructions and facilities for producing, using, preserving machinery,
equipment, supplies, and substances subject to strict hygiene and safety
requirements;
c) Failing to provide safe and hygienic conditions in facilities;
d) Violating the National Technical Regulations on occupational safety,
occupational hygiene, or standards of occupational safety and occupational
hygiene applicable to the production, use, preservation, and transport of
machinery, equipment, supplies, energy, electricity, chemicals, pesticides,
change in technology, and import of new technologies;
dd) Failing to periodically inspect, maintain machinery, equipment,
facilities, and warehouses as prescribed;
e) Failing to provide instructions on occupational safety and occupational
hygiene, or the instructions are not put up at noticeable at the workplace;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) Failing to appoint competent persons to take charge of occupational
safety and occupational hygiene in fields facing high risks of occupational accidents
and occupational illness;
i) Failing to classifying works as arduous, harmful, dangerous, and
extremely arduous, harmful, dangerous to provide benefits;
k) Failing to report and investigate severe occupational accidents;
l) Failing to defray the costs incurred by both the employer and worker,
and the costs that are not covered by health insurance; failing to defray the
whole medical cost from first-aid to recovery that is incurred by the worker
that does not have health insurance.
m) Failing to provide benefits and compensation for the workers that
suffer from occupational accidents and occupational illness as prescribed.
3. Remedial measures:
b) Compelling the employer to make plans for ensuring occupational safety
and occupational hygiene in the workplace when building, extending, or
upgrading the constructions and facilities for producing, using, preserving
machinery, equipment, supplies, and substances subject to strict hygiene and
safety requirements when then the employer commits the violation mentioned in
Point b Clause 2 of this Article;
b) Compelling the employer to comply with the applicable National
Technical Regulations and standards on occupational safety and occupational
hygiene, applicable to the violations in Point c and Point d Clause 2 of this
Article;
c) Compelling the employer to provide technical and medical instruments,
applicable to the violations in Point g Clause 2 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Compelling the employer to provide benefits and
compensation for the worker, together with an interest on the amount at the maximum rate of interest on demand deposits announced by the
State bank of Vietnam when the violation is imposed, applicable to the
violations in Point m Clause 2 of this Article.
Article 17. Violations against the
regulations on prevention of occupational accidents and occupational
illness
1. The worker shall be liable to a fine
of from 500,000 VND to 1,000,000 VND when committing one of the following acts:
a) Failing to responsively report the risk or occupational accidents,
occupational illness, harm, or danger to responsible persons;
b) Failing to participate in giving first aid and repair damage caused by
occupational accidents at the order of the employer;
c) Failing to use the personal safety equipment provided or using the
personal safety equipment improperly.
2. When failing to provide training in occupational safety and
occupational hygiene for workers, apprentices, and interns during recruitment
and assignment, the employer shall be liable to:
a) A fine of from 1,000,000 VND to 3,000,000 VND, if the violation
concerns 01 - 10 workers.
b) A fine of from 3,000,000 VND to 5,000,000 VND, if the violation
concerns 11 - 50 workers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine of from 10,000,000 VND to 15,000,000 VND, if the violation
concerns 101 - 300 workers.
dd) A fine of from 15,000,000 VND to 20,000,000 VND, if the
violation concerns 301 workers or more.
3. The employer shall be liable to a fine of from 10,000,000
VND to 15,000,000 VND when committing one of the following acts:
a) Failing to promptly take appropriate measures or suspend the machines
or facility posing risk of occupational accidents, occupational illness;
b) Failing to provide treatment or periodic check-ups or make separate
health profile for workers that suffer from occupational illness;
c) Failing to obtain the certificate of training in occupational safety
and occupational hygiene;
d) Appointing the persons that do not have the certificate in training in
occupational safety and occupational hygiene to take charge of occupational
safety and occupational hygiene;
dd) Failing to report the occupational accidents, occupational illness,
dangers, harms, and measures for ensuring occupational safety and occupational
hygiene at the workplace;
e) Failing to provide periodic check-ups for workers as prescribed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) Failing to assign the works suitable for the condition of the workers
suffering from occupational illness or occupational accidents according to the
conclusion of the Medical Examination Council
i) Failing to decontaminate the workers working in places at risk of
contamination and infection after work.
4. When committing one of the following acts: failing to provide adequate
or providing substandard personal safety equipment for workers working under
dangerous and harmful conditions; paying money in stead of providing benefits
in kind, the employer shall be liable to:
a) A fine of from 3,000,000 VND to 6,000,000 VND, if the violation
concerns 01 - 10 workers.
b) A fine of from 6,000,000 VND to 10,000,000 VND, if the violation
concerns 11 - 50 workers.
c) A fine of from 10,000,000 VND to 15,000,000 VND, if the violation
concerns 51 - 100 workers.
d) A fine of from 15,000,000 VND to 20,000,000 VND, if the violation
concerns 101 - 300 workers.
dd) A fine of from 20,000,000 VND to 30,000,000 VND, if the
violation concerns 301 workers or more.
5. When violating the regulations on using machinery, equipment, and
supplies subject to strict safety requirements, the employer shall be liable
to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A fine of from 3,000,000 VND to 5,000,000 VND, if the employer fails
report before putting the inspection of machinery, equipment, and supplies
subject to strict safety requirements into use;
c) A fine of from 50,000,000 VND to 75,000,000 VND, if the employer keeps
using the machinery, equipment, and supplies subject to strict safety requirements
that fails the test;
d) A fine of 02 or 03 times the total cost of inspection shall be imposed
for each unsatisfactory machine or instrument.
6. When the provider of training in occupational safety and occupational
hygiene violates the regulations on training in occupational safety, it shall
be liable to a fine as follows:
a) A fine of from 2,000,000 VND to 5,000,000 VND for failing to report the
provision of training in occupational safety and occupational hygiene;
b) A fine of from 5,000,000 VND to 10,000,000 VND for one of the following
acts: providing training in contravention of programs; failing to provide
sufficient trainers and infrastructure when providing training; failing to meet
the conditions for providing training services according to the certificate of
eligibility to provide training;
c) A fine of from 20,000,000 VND to 25,000,000 VND for one of the
following acts: issuing certificates of training without providing training;
issuing certificates to untrained persons; providing training beyond the
certificate of eligibility to provide training;
d) A fine of from 25,000,000 VND to 50,000,000 VND for forging documents
for training, cheating during training;
dd) A fine from 50,000,000 VND to 75,000,000
VND for one of the following acts: providing training without the
certificate of eligibility to provide training or the using an expired
certificate of eligibility to provide training; using forged documents to apply
for the certificate of eligibility to provide training.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine of from 2,000,000 VND to 5,000,000 VND for failing to report the
inspection of occupational safety techniques as prescribed;
b) A fine from 5,000,000 VND to 10,000,000 VND for one of the following
acts: Failing to maintain the conditions for carrying out inspection according
to the Certificate of eligibility for inspection; failing to report the inspection
to competent authorities for 18 consecutive months;
c) A fine from 40,000,000 VND to 50,000,000 VND for one of the following
acts: carrying out inspection beyond the Certificate of eligibility for
inspection; failing to comply with the prescribed inspection procedure;
d) A fine from 50,000,000 VND to 70,000,000 VND for one of the following
acts: falsifying the Certificate of eligibility for inspection; falsifying
documents during inspection; cheating during inspection;
dd) A fine of from 70,000,000 VND to 100,000,000 VND for one of the
following acts: giving incorrect inspection results; giving results without
actually carrying out the inspection;
e) A fine from 100,000,000 VND to 150,000,000 VND for one of the following
acts: carrying out inspections without the Certificate of eligibility for
inspection or using an expired Certificate of eligibility for inspection; using
forged documents to apply for the Certificate of eligibility for inspection.
8. The inspector shall be liable to a
fine of from 2,000,000 VND to 4,000,000 VND when committing one of the
following acts:
a) Failing to follow the inspection procedure announced or promulgated by
competent authorities;
b) Carrying out inspections without the Inspector’s certificate or using
an expired Inspector’s certificate; carrying out inspections beyond the
certificate.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Suspending the provision of training for 01 - 03 months, applicable to
the providers of training in occupational safety and occupational hygiene that
commit the violations in Point b Clause 6 of this Article;
b) Revoking the Certificate of eligibility to provide training in
occupational safety and occupational hygiene for 01 - 06 months, applicable to
the providers of training in occupational safety and occupational hygiene that
commit the violations in Point c and Point d Clause 6 of this Article;
c) Suspending the operation for 01 - 03 months, applicable to the
providers of occupational safety inspection services that commit the violations
in Point b Clause 7 of this Article;
d) Revoking the Certificate of eligibility for occupational safety
inspection for 01 - 06 months, applicable to the providers of providers of
occupational safety inspection services that commit the violations in Point c
and Point d Clause 7 of this Article;
dd) Revoking the Inspector’s certificate for 01 - 03 months, applicable to
the violations in Point a Clause 8 of this Article.
10. Remedial measures:
a) Compelling the provision of benefits in kind that were converted to
cash, applicable to the violations against regulations on provision of benefits
in kind mentioned in Clause 4 of this Article;
b) Compelling the provision of qualified personal safety equipment for the
persons doing dangerous and harmful works, applicable to the violations against
regulations on provision of personal safety equipment mentioned in Clause 4 of
this Article;
c) Compelling the suspension of the machines, instruments, and workplace
posing risks of occupational accidents and occupational illness, applicable to
the violations in Point a Clause 3 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Revoking the certificate of training in
occupational safety and occupational hygiene, applicable to the violations in Point c Clause 6 of this Article;
e) Revoking the inspection results, applicable to the violations in Point
c and Point dd Clause 7 of this Article;
Article 18. Violations against regulations on female
workers
1. The employer shall be liable to a fine of from 500,000 VND
to 1,000,000 when committing one of the following acts:
a) Failing to consult female workers when deciding the issues related to
their rights and interests;
b) Not allowing female workers to rest 30 minutes everyday during their
periods.
2. The employer shall be liable to a fine of from 10,000,000
VND to 20,000,000 when committing one of the following acts:
a) Requiring female workers that are 07 months pregnant (or 06 months
pregnant if working in remote areas, highlands, bordering areas, islands) or
female workers having children under 12 months of age to work overtime, work on
the night shift, or go on business trips;
b) Failing to reassign or reduce the hours of works of the female workers
that are 07 months pregnant or more and doing arduous works, according to
Clause 2 Article 155 of the Labor Code;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to re-employ female workers to do the same jobs after the
maternity leave according to Clause 1 and Clause 3 Article 157 of the Labor
Code;
dd) Taking disciplinary actions against female workers that are pregnant
or on maternity leave according to legislation on social insurance and raising
children under 12 months of age;
r) Laying off or unilaterally terminate labor contracts with female
workers for reason marriage, pregnancy, maternity leave, raising children under
12 months of age, unless the employer that is a natural person dies, announced
incapable of civil acts, missing, or dead by court, or the employer other than
a natural person shuts down;
g) Employing females to do the jobs that must not be done by females
according to Article 160 of the Labor Code.
Article 19. Violations against
regulations on underage workers
1. The employer that fails to make a logbook when employing underage
workers, or fails to present the logbook at the request of competent
authorities shall be given a warning.
2. The employer shall be liable to a fine of from 10,000,000
VND to 15,000,000 when committing one of the following acts:
a) Employing people under 15 years of age without signing written
contracts with legal representatives;
b) Requiring underage workers to longer than the working hours prescribed
in Clause 2 Article of the Labor Code;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The employer shall be liable to a fine of from 20,000,000
VND to 25,000,000 when committing one of the following acts:
a) Employing underage people to do the prohibited works or to work at
prohibited places according to Article 165 of the Labor Code;
b) Employing people under 15 years of age to do other works than those
permitted by law according to Clause 1 and Clause 3 Article 164 of the Labor
Code.
Article 20. Violations against
regulations on domestic servants
1. The employer shall be given a warning when committing one of the following acts:
a) Failing to sign written labor contracts with domestic servants;
b) Failing to pay for the travel fees of domestic servants that are laid
off, unless they terminate the labor contract ahead of time.
2. The employer shall be liable to a fine of from 5,000,000
VND to 7,000,000 when impounding ID papers of domestic servants;
3. Remedial measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Compelling the employer to return the ID papers to the domestic
servants, applicable to the violations in Clause 2 of this Article.
Article 21. Violations against
regulations on elderly workers
1. The employers shall be liable to a fine of from 500,000 VND
to 1,000,000 VND when employing elderly workers that are
on monthly pension without paying social insurance and health insurance.
2. The employers shall be liable to a fine of from
10,000,000 VND to 15,000,000 VND when requiring elderly
workers to do arduous, harmful, and dangerous works that negatively
affect their health.
3. Remedial measures: compelling the payment of social insurance and
health insurance, applicable to the violations in Clause 1 of this Article.
Article 22
1. Foreign workers in Vietnam shall be
expelled when committing one of the following acts:
a) Working without work permits, except for the cases in which the work
permit is exempt;
b) Using an expired work permit.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine of from 30,000,000 VND to 45,000,000 VND, if 01 - 10 workers are
employed;
b) A fine of from 45,000,000 VND to 60,000,000 VND, if 11 - 20 workers are
employed;
c) A fine of from 60,000,000 VND to 75,000,000 VND, if 21 workers or more
are employed;
3. Additional penalty: suspending the company’s operation for 01 - 03 months, applicable to the violations
in Clause 2 of this Article.
Article 23. Violations against
regulations on settling labor dispute
1. The worker shall be given a warning when taking part in the strike
after the President of the People’s Committee of the province or
central-affiliated city has made a decision on suspending or stopping it.
2. The worker shall be liable to a fine
of from 1,000,000 VND to 2,000,000 when committing one of the following acts:
a) Infringing the right to strike, inciting, or forcing other workers to
go on strike;
b) Obstructing the workers that do not take part in the strike from going
to work;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The employer shall be liable to a fine of from 3,000,000
VND to 5,000,000 when committing one of the following acts:
a) Terminating labor contracts or taking disciplinary actions against the
striking workers or the strike leader, reassigning the striking workers or the
strike leader to other places as they are preparing for or take part in the strike;
b) Oppressing, retaliating the workers that take part in the strike or the
strike leader;
c) Temporarily closing the workplace according to in Article 217 of the
Labor Code.
4. Remedial measure: compelling the employer to pay the
workers for the period the workplace is temporarily
closed, applicable to the violations in Point c Clause 3 of this Article.
Article 24. Violations against
regulations on the Union
1. The employer shall be liable to a fine of from 1,000,000
VND to 3,000,000 VND when failing provide union representatives with
favorable working conditions.
2. The employer shall be liable to a fine of from 5,000,000
VND to 10,000,000 when committing one of the following acts:
a) Failing to enable part-time union representatives to the union’s works
during working hours;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Imposing discriminatory wages, working hours, other rights and obligations
in order to obstruct workers from establishing, joining the union and doing the
union’s works;
d) Failing to pay part-time union representatives for the hours they do
the union’s works;
dd) Failing to enable superior union
representatives to enter the premises to do the union’s works.
3. The employer shall be liable to a fine of from 10,000,000
VND to 15,000,000 when committing one of the following acts:
a) Obstructing the establishment of the union, preventing workers from
joining to the union or doing the union’s works;
b) Forcing workers to establish, join the unions, or do the union’s
works;
c) Requesting the workers to not join to or to leave the union;
d) Failing to renew labor contracts with part-time union representatives
whose labor contracts expire during their term of office.
Article 25. Violations against other
regulations
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to make labor books, wage books, or failing to present them to
competent authorities on request;
b) Failing to report the employment within 30 days from the day on which
the operation is commenced, and failing to submit periodic reports on the
change in employment during the operation to the local labor relations
authority;
c) Violations against the regulations on documentation and procedure for
employment.
2. Discrimination by gender, race, social class, marriage, religion, discrimination
against HIV sufferers and the disabled shall carry a fine of from 5,000,000 VND
to 10,000,000 VND.
Chapter 3.
VIOLATIONS, PENALTIES, FINE LEVELS, AND REMEDIAL
MEASURES APPLICABLE TO VIOLATIONS AGAINST REGULATIONS ON SOCIAL INSURANCE
Article 26. Violations against regulations on
compulsory social insurance and unemployment insurance
1. The worker shall be given a
warning or liable to a fine of from 500,000 VND to 1,000,000 VND for
reaching an agreement with the employer to not participate in compulsory social
insurance and unemployment insurance.
2. The employer shall be liable to a fine of 12% -
15% of the compulsory social insurance and unemployment insurance premium at
the time the administrative violation is recorded (not exceeding 75,000,000
VND) when committing one of the following acts:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to pay sufficient social insurance premium and unemployment
insurance premium;
c) Failing to buy compulsory social insurance and unemployment insurance
for all the people that must have social insurance and unemployment insurance.
3. The employer shall be liable to a fine of 18% - 20% of
the compulsory social insurance and unemployment insurance
premium at the time the administrative violation is recorded (not exceeding
75,000,000 VND) when failing to buy compulsory social insurance and
unemployment insurance for all the workers that must have social insurance and
unemployment insurance.
4. Remedial measures:
a) Compelling the payment of the omitted or deferred compulsory social
insurance premium and unemployment insurance premium, applicable to the
violations in Clause 1, Clause 2 and Clause 3 of this Article;
b) Compelling the payment of the interest on the omitted and deferred
compulsory social insurance and unemployment insurance premium omitted or
deferred, applicable to the violations in Clause 1, Clause 2 and Clause 3 of
this Article;
Article 27. Violations against
regulations on application for social insurance benefits
1. The worker shall be liable to a fine of from 500,000 VND
to 1,000,000 VND for making false declarations or
falsifying the information related to the entitlement to benefits of compulsory
social insurance, voluntary social insurance, and unemployment insurance.
2. The employer shall be liable to a fine of from 5,000,000
VND to 10,000,000 when forging the application for social insurance
benefits.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 28. Violations against other
regulations on social insurance
1. The employer shall be liable to a fine of from 300,000
VND to 800,000 when committing one of the following acts:
a) Failing to provide documents and information about compulsory social
insurance and unemployment insurance at the request of competent authorities;
b) Failing to provide information about payment of compulsory social
insurance premium and unemployment insurance premium at the request of workers
or the union.
2. The employer shall be liable to a
fine of from 200,000 VND to 500,000 for every worker affected by one of
the following acts committed by the employer:
a) Failing to give sick pay, maternity pay, subsidies for recovery from
sickness or childbirth within 03 working days from the day on which sufficient
and valid documents are submitted by the worker;
b) Failing to pay support for accidents, occupational illness within 15
days from the day on which the decision on payment made by the social insurance
agency is received;
c) Losing, damaging, falsifying the social insurance books.
3. The employer shall be liable to a fine of from 500,000
VND to 1,000,000 for every worker affected by one of the following acts
committed by the employer:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to request the social insurance agency in writing to: provide a
pension 30 days before the worker is qualified for retirement and
pension, provide support for occupational accident or occupational illness
within 30 days revenues sufficient and valid documents are submitted by the
worker;
c) Failing to have the worker tested for reduction in work ability by
Medical Examination Council for provision of social insurance benefits.
4. The employer shall be liable to a fine of from 20,000,000
VND to 30,000,000 when improperly using the social insurance fund.
5. Remedial measures:
a) Compelling the employer to provide sufficient social insurance benefits
for the worker, applicable to the violations in Point a and Point b Clause 2 of
this Article;
b) Compelling the employer to submit the profit earned from improper use
of the social insurance fund, applicable to the violations in Clause 4 of this
Article.
Chapter 4.
VIOLATIONS, PENALTIES, FINE LEVELS AND REMEDIAL
MEASURES APPLICABLE TO VIOLATIONS AGAINST REGULATIONS ON OVERSEAS MANPOWER
SUPPLY
Article 29. Violations against the regulations on
conditions for service provision
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to announce the License for overseas manpower supply;
b) Failing to post the assignments of branches and copies of the License
for overseas manpower supply at the branches;
c) Appointing a person without a bachelor’s degree or higher to administer
the overseas manpower supply;
d) Failing to report the replacement of the person in charge of overseas
manpower supply as prescribed.
2. The manpower supplier shall be liable to a fine of from 20,000,000 VND to 40,000,000 VND when committing
one of the following acts:
a) Failing to announce the assignments of branches of the manpower
supplier as prescribed by law;
b) Appointing a person without a 03 years' experience in overseas manpower
supply or international cooperation to administer the overseas manpower supply.
3. The manpower supplier shall be liable to a fine of from
50,000,000 VND to 70,000,000 VND when committing one of the following acts:
a) Failing to implement the plan for overseas manpower supply within 30
days from the day on which the License for overseas manpower supply is issued.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The manpower supplier shall be liable to a fine of from
150,000,000 VND to 180,000,000 VND when committing one of the following acts:
a) Giving assignments to more than 03 branches in various central-affiliated
cities and provinces;
b) Giving assignments to branches against the law;
c) The branches act beyond the assignments pertaining to overseas manpower
supply;
d) Signing contracts related to overseas manpower supply; recruiting;
providing vocational training, language teaching, training in necessary
knowledge for workers; charging workers; sending workers abroad during the
period of suspension of the manpower supply contract, suspension of the
operation, or after being notified that the License for overseas manpower
supply is not renewed.
5. The enterprise shall be liable to a
fine of from 180,000,000 VND to 200,000,000 VND when committing one of the
following acts:
a) Using the License for overseas manpower supply of another enterprise to
send Vietnamese workers abroad;
b) Lending the License for overseas manpower supply to another
organization or individual to send Vietnamese workers abroad;
c) Delegate the administration of the overseas manpower supply to a person
that administered another enterprise that had its License for overseas manpower
supply revoked, or to a person that is given a warning or incurs a heavier
penalty for violations of the law on overseas manpower supply.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) 01 - 03 months, applicable to the violations in Point a, Point b and
Point c Clause 4 of this Article;
b) 04 - 06 months, applicable to the violations in Point d Clause 4 of
this Article.
Article 30. Violations against regulations on
registering contracts and reporting overseas manpower supply
1. The failure to send periodic and unscheduled reports on overseas
manpower supply as prescribed by law shall carry a fine of from 5,000,000
VND to 10,000,000 VND.
2. One of the fines below shall be imposed when the number of Vietnamese
workers being sent abroad exceeds the number registered in the manpower supply
contract or intern recruitment contract approved by competent authorities:
a) 20,000,000 VND to 40,000,000 VND
if the excess number is below 30%;
b) 60,000,000 VND to 100,000,000 VND if the excess number is 30% to below
50%;
c) 150,000,000 VND to 180,000,000 VND if the excess number is over 50%;
3. One of the following acts shall carry a fine of from
150,000,000 VND to 180,000,000 VND:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The contractors and investors sending Vietnamese workers abroad without
reporting or obtaining approval from competent state authority.
4. Additional penalty: suspending the overseas manpower
suppy 06 - 12 months, applicable to the violations in Clause 3 of this
Article.
Article 31. Violations against regulations on recruitment,
contract conclusion and finalization
1. The enterprise shall be liable to a fine of from
20,000,000 VND to 40,000,000 VND when committing one of the following
acts:
a) Failing to inform the workers of the recruitment target, criteria,
terms and conditions of the contracts;
b) Failing to make a commitment on the duration before departure after the
worker is recruited;
c) Failing to directly selecting workers.
2. The enterprise shall be liable to a fine of from
50,000,000 VND to 80,000,000 VND when committing one of the following acts:
a) Failing to sign contracts with workers as prescribed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to finalize or improperly finalizing the contract to send
workers abroad;
d) The contracts to send workers abroad, labor contracts, and internship
contracts are not consistent with the manpower supply contract and intern
recruitment contract registered;
dd) The contract between the contractor, the
organization that makes outward investments and the worker, the labor contract
is not consistent with the report on overseas manpower supply.
3. Additional penalty: suspending the performance of
the manpower supply contract for 01 - 03 months, applicable to
the violations in Clause 2 of this Article.
Article 32. Violations against
regulations on provision of training in professional skills, foreign
languages, and necessary knowledge for workers
1. The employer shall be liable to a fine of from 20,000,000
VND to 40,000,000 when committing one of the following acts:
a) Failing to provide training in necessary knowledge for the workers
before they are sent to works abroad;
b) Failing to adequately test and issue certificates for the workers that took
the training course in necessary knowledge.
a) Failing register the form of certificate of training in necessary
knowledge issued to Vietnamese guest workers;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The failure to provide training or cooperate with
a vocational training institution to provide training in professional skills
and foreign languages for the workers being sent to work abroad shall
carry a fine of from 80,000,000 VND to 100,000,000 VND.
3. The failure to provide training in necessary knowledge for the workers
before they are sent to work abroad shall carry a fine of from 150,000,000
VND to 180,000,000 VND.
4. Additional penalties:
a) Suspending the manpower supply contract for 03 - 06 months, applicable
to the violations in Clause 3 of this Article;
b) The manpower supply contract shall be suspended for 07 - 12 months if
the damage caused by the violations are not repaired after the manpower supply
contract is suspended as prescribed in Point a of this Clause.
5. Remedial measure: compelling the provision of training in professional
skills, foreign languages, and necessary knowledge for the workers, or
compelling the refund of the training fees to the workers (if any).
Article 33. Violations against the laws on
collection, payment, management, use of brokerage charges, deposits, services
charges, and the money collected from workers; contribution of Overseas
Employment Support Fund
1. Each of the following acts shall carry a fine of from 20,000,000
VND to 40,000,000 VND:
a) Collecting recruitment charges from workers;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to issue the certificate of payment to Overseas Employment
Support Fund;
d) Failing to provide instructions and complete the procedure supporting
workers using Overseas Employment Support Fund, or failing to remit supporting
money to workers;
dd) Failing to remit all the money paid
by workers to Overseas Employment Support Fund;
e) Failing to make sufficient contribution to Overseas Employment Support
Fund.
2. Each of the following acts shall
carry a fine of from 80,000,000 VND to 100,000,000 VND:
a) Collecting, managing, using, and returning brokerage charges
improperly;
b) Collecting charges from workers improperly;
c) Failing to refund or sufficiently refund the amount corresponding to
the remaining duration of the contract to send workers abroad to the worker
when the worker, who has paid the charge for the entire contract duration, has
to go home ahead of schedule through no fault of the worker;
d) Failing to remit the money paid by workers to Overseas Employment
Support Fund;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Each of the following acts shall
carry a fine of from 150,000,000 VND to 200,000,000 VND:
a) Failing to refund the charges paid to the service provider by the
workers when they are not sent to work abroad;
b) Improperly collecting, managing, using deposits paid by workers;
c) Failing to sufficiently and punctually remit the deposits of services
providers as prescribed.
4. Additional penalty: suspending the manpower
supplier from sending Vietnamese workers to work overseas for:
a) 01 - 03 months, applicable to the violations in Clause 2 of this
Article;
b) 04 - 06 months, applicable to the violations Point b and Point c in
Clause 3 of this Article;
c) 07 - 12 months, applicable to the violations in Point a Clause 3 of
this Article.
5. Remedial measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Compelling refund of money to the workers, applicable to the violations
in Point c Clause 2 and Point a Clause 3 of this Article;
c) Revoking the remittance of the deposits, applicable to the violations
in Point b and Point c Clause 3 of this Article.
Article 34. Violations against
regulations on overseas manpower supply and management of overseas
workers
1. Each of the following acts shall
carry a fine of from 20,000,000 VND to 40,000,000 VND:
a) Failing to submit the list of departing workers to the diplomatic
mission or Vietnam’s consular office at the other country;
b) Failing to cooperate with the diplomatic mission or Vietnam’s consular
office at the other country in the management and protection of lawful
interests of workers during the period of overseas work.
2. Each of the following acts shall
carry a fine of from 50,000,000 VND to 80,000,000 VND:
a) Failing to manage and protect the lawful rights and interests of the
works being sent abroad;
b) Failing to responsively dealt with the cases in which the worker dies,
has an occupational accident, occupational illness, or when their life, health
is threatened, their honor, dignity, asset is damaged; failing to resolve the
disputes related to the workers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Taking advantage of overseas manpower supply to charge workers for
consultancy, recruitment, or training;
b) Taking advantage of overseas manpower supply to illegally send
Vietnamese citizens abroad;
c) Sending workers to do prohibited jobs or when the host country does not
allow.
4. Additional penalties:
a) Suspending the overseas manpower supply for 01 - 03 months, applicable
to the violations in Clause 2 of this Article;
b) Suspending the overseas manpower supply for 06 - 12 months, applicable
to the violations in Clause 3 of this Article;
5. Remedial measure: compelling the manpower supplier
to repatriate the workers at the request of the host country or Vietnamese
competent authority, applicable to the violations in Clause 2
and Point c Clause 3 of this Article.
Article 35. Violations committed
by Vietnamese guest workers and relevant entities
1. The failure to register individual contracts with competent authorities
shall carry a fine of from 2,000,000 VND to 5,000,000 VND.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Illegally staying in the host country after the labor contract or visa
expires;
b) Illegally leaving the contractual workplace;
c) Failing to go to the contractual workplace after being admitted by the
host country;
d) Enticing, forcing, deceiving Vietnamese workers into staying in the
host country illegally.
3. Remedial measures:
a) Compelling the repatriation, applicable to the violations in Point a,
Point b and Point c Clause 2 of this Article;
b) Suspending the worker from working abroad for 02 years, applicable to
the violations in Point a and Point b Clause 2 of this Article;
c) Suspending the worker from working abroad for 05 years, applicable to
the violations in Point c and Point d Clause 2 of this Article.
Chapter 5.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
SECTION 1. POWERS TO IMPOSE PENALTIES
Article 36. The power to impose penalties of
Presidents of the People’s Committees
1. Presidents of the People’s Committees of communes are entitled to:
a) Issue warnings;
b) Impose fines of up to 5,000,000 VND.
2. Presidents of the People’s Committees of districts are entitled to:
a) Issue warnings;
b) Impose fines of up to 37,500,000
VND for the administrative violations against regulations on labor and social
insurance;
c) Impose the additional penalties specified in Chapter II and Chapter III
of this Decree;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Presidents of the People’s Committees of provinces are entitled to:
a) Issue warnings;
b) Impose fines of up to 75,000,000 VND for the administrative violations
against regulations on labor, social insurance, and impose fines of up to 100,000,000 VND for the administrative
violations against regulations on overseas manpower supply;
c) Impose the additional penalties specified in Chapter II, Chapter III
and Chapter IV of this Decree;
d) Take the remedial measures specified in Chapter II, Chapter III and
Chapter IV of this Decree.
Article 37. The powers to impose penalties of labor
inspectors
1. Labor inspectors and the persons assigned to carry out inspections are
entitled to:
a) Issue warnings;
b) Impose fines of up to 500,000 VND.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Issue warnings;
b) Impose fines of up to 37,500,000 VND for the administrative violations
against regulations on labor, social insurance, and impose fines of up to
50,000,000 VND for the administrative violations against regulations on
overseas manpower supply;
c) Impose the additional penalties specified in Chapter II, Chapter III
and Chapter IV of this Decree;
d) Take the remedial measures specified in Chapter II, Chapter III and
Chapter IV of this Decree.
3. The Chief Inspector of the Ministry of Labor, War
Invalids and Social Affairs is entitled to:
a) Issue warnings;
b) Impose fines of up to 75,000,000 VND for the administrative violations
against regulations on labor, social insurance, and impose fines of up to
100,000,000 VND for the administrative violations against regulations on
overseas manpower supply;
c) Impose the additional penalties specified in Chapter II, Chapter III
and Chapter IV of this Decree;
d) Take the remedial measures specified in Chapter II, Chapter III and
Chapter IV of this Decree.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Issue warnings;
b) Impose fines of up to 52,500,000 VND for the administrative violations
against regulations on labor, social insurance, and impose fines of up to
70,000,000 VND for the administrative violations against regulations on
overseas manpower supply;
c) Impose the additional penalties specified in Chapter II, Chapter III
and Chapter IV of this Decree;
d) Take the remedial measures specified in Chapter II, Chapter III and
Chapter IV of this Decree.
5. The chiefs of the inspectorates of Services and state agencies assigned
to carry out inspections are entitled to:
a) Issue warnings;
b) Impose fines of up to 37,500,000 VND for the administrative violations
against regulations on labor, social insurance, and impose fines of up to
50,000,000 VND for the administrative violations against regulations on
overseas manpower supply;
c) Impose the additional penalties specified in Chapter II, Chapter III
and Chapter IV of this Decree;
d) Take the remedial measures specified in Chapter II, Chapter III and
Chapter IV of this Decree.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The Director of the Overseas Manpower Authority is
entitled to impose penalties for the administrative violations in Chapter IV of
this Decree, in particular:
1. Issue warnings;
2. Impose fines of up to 100,000,000 VND;
3. Impose the additional penalties specified in Chapter IV
of this Decree;
4. Take the remedial measures specified in Chapter IV of
this Decree.
Article 39. The power to impose
penalties of other agencies
1. The heads of the diplomatic missions, consular offices, and other
agencies authorized to perform consular functions of Socialist Republic of
Vietnam overseas are entitled to impose penalties against the administrative
violations in Chapter IV of this Decree, in particular:
a) Issue warnings;
b) Impose fines of up to 100,000,000 VND;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The Director of Vietnam Immigration, Directors of Police Departments of
provinces are entitled to order expulsion as prescribed in Clause 1 Article 22
of this Decree.
3. Apart from the persons entitled to impose penalties mentioned in
Article 36, Article 37, Article 38, Clause 1 and Clause 2 of this Article, the
persons entitled to impose administrative penalties of other agencies specified
in the Law on Handling administrative violations, within the area of their
competence, are entitled to impose penalties for the violations against this
Decree upon their discovery according to Article 52 of the Law on Handling
administrative violations.
SECTION 2. PROCEDURE FOR PENALTY IMPOSITION
Article 40. Making records on violations
When a violation is discovered, the person entitled to impose penalties,
the officials and civil servants on duty shall make records and follow the
procedure in Article 58 of the Law on Handling administrative violations.
Article 41. Procedure for imposing fines incurred by
workers outside Vietnam’s territory that violates the regulations on sending
workers abroad
1. The worker that incurs a fine overseas may pay them at a diplomatic
mission or consular office of Vietnam in the host country.
2. The fine shall be paid in USD, local currency or VND.
If the fine is paid in USD, the average exchange rate on the inter-bank
foreign exchange market announced by the State bank of Vietnam when the fine is
collected shall apply.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter 6.
IMPLEMENTATION
Article 42. Effect
1. This Decree takes effect on October 10, 2013.
2. The Government's Decree No. 47/2010/ND-CP dated May 06, 2010 of the Government on penalties for
violations against legislation on labor, the Government's Decree No. 86/2010/ND-CP dated August 13, 2010 on
penalties for administrative violations against legislation on social
insurance, and the Government's Decree No. 144/2007/ND-CP dated September 10, 2007 on penalties for administrative violations
when sending Vietnamese workers overseas under contracts are annulled from the
day on which this Decree takes effect.
Article 43. Transitional provisions
1. The violations that are committed before July 01, 2013 and discovered
or dealt with afterwards, the regulations on penalties shall apply if they are
advantageous to the violators. The Vietnamese workers overseas that leave their
contractual workplace or illegally stay in the host country after the labor
contracts expire before the Decree takes effect, and wish to go back to Vietnam
within 03 months from the day on which this Decree takes effect, Article 35 of
this Decree shall not apply to such workers.
2. The decision on penalties for administrative violations that have been
issued or implemented before July 01, 2013, but the entities that carry such
penalties still make complaints, the Ordinance on Handling administrative
violations shall apply.
Article 44. Responsibility to provide instruction and
implement
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Ministers, Heads of ministerial agencies, Heads of Governmental
agencies, Presidents of the People’s Committees of central-affiliated cities
and provinces are responsible for the implementation of this Decree./.
FOR THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung