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