Decree No. 113/2004/ND-CP on administrative penalties for violations of labor laws 113/2004/NĐ-CP

✦ 智能摘要

Decree No. 113/2004/ND-CP stipulates administrative penalties for violations of labor laws applicable to organizations and individuals, both domestic and foreign, within the territory of Vietnam. This Decree specifies forms of administrative penalties such as warnings, fines, revocation of license usage rights, and remedying consequences, with fines ranging from VND 100,000 to VND 20,000,000 depending on the nature of the violation.

适用范围

Organizations and individuals, both domestic and foreign, within the territory of Vietnam who commit violations of labor laws.

要点

An employer who fails to publish a list of employees being terminated or does not notify the labor authority before terminating an employee shall be subject to a fine of VND 1,000,000 to VND 2,000,000.
Violating regulations on vocational training, paying wages to trainees, or collecting training fees in accordance with regulations shall result in a fine of VND 500,000 to VND 20,000,000.
An employer who violates regulations concerning labor contracts, probation periods, severance pay, or abuses workers shall be subject to a fine of VND 100,000 to VND 20,000,000.
Violating social insurance regulations, such as failing to fully contribute to social insurance for employees or evading social insurance contributions, shall result in a fine of VND 500,000 to VND 10,000,000.
An employer who violates occupational safety and health regulations, such as failing to provide personal protective equipment or organize training and health examinations for employees, shall be subject to a fine of VND 1,000,000 to VND 20,000,000.

🌐 本文件的社会影响

Positive impact: Helps protect the rights of workers, prevent violations of labor laws, and create a safe and healthy working environment.
Negative impact: May impose financial burdens on businesses when complying with administrative penalty regulations.
Businesses will need to strengthen management to avoid violating labor laws, while also facing difficulties in implementing remedial measures.

❓ 常见问题

How are violations of social insurance regulations penalized?

An employer who fails to fully contribute to social insurance for employees shall be subject to a fine of VND 500,000 to VND 10,000,000, depending on the number of employees involved.

What forms of administrative penalties apply to violations of occupational safety and health regulations?

An employer who fails to provide personal protective equipment or organize training and health examinations for employees shall be subject to a fine of VND 1,000,000 to VND 20,000,000.

How are employers penalized for violating labor contract regulations?

An employer who fails to provide an employee with a copy of the signed labor contract or applies an excessively long probation period shall be subject to a fine of VND 100,000 to VND 500,000.

Are there any additional forms of administrative penalties for violations of social insurance regulations?

An employer who fails to make up unpaid social insurance contributions shall be referred to the competent authority to freeze their account until the employer pays the full amount of social insurance.

What remedial measures are taken for violations of occupational safety and health regulations?

An employer must provide technical, medical, and personal protective equipment according to regulations for employees when violating occupational safety and health regulations.

全文

DECREE

Regulations on Administrative Sanctions for Violations of Labor Law

__________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Labor Code dated June 23, 1994; the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;
At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

1. This Decree stipulates administrative sanctions against organizations and individuals of Vietnam who commit violations of labor laws that are not criminal offenses and must be subject to administrative penalties according to the law, occurring within the territory, exclusive economic zone, and continental shelf of Vietnam.

2. Foreign individuals and organizations committing administrative violations of labor laws within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam shall also be subject to administrative sanctions under this Decree, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

3. The labor law specified in this Decree includes provisions in the amended and supplemented Labor Code and detailed guiding documents implementing the amended and supplemented Labor Code.

Article 2. Principles of Administrative Sanctions for Violations of Labor Law

1. Administrative sanctions for violations of labor law shall be carried out by persons with authority as prescribed in Articles 26, 27, and 28 of this Decree.

Individuals and organizations shall be subject to administrative sanctions for violations of labor law when they commit acts prohibited under Chapter II of this Decree.

2. Administrative sanctions for violations of labor law must be conducted promptly, fairly, and thoroughly. When a violation is discovered, immediate action must be taken to stop it; all consequences caused by the administrative violation must be remedied according to the law.

3. A single administrative violation shall only be sanctioned once. If a person commits multiple violations, each violation shall be sanctioned separately. If multiple people jointly commit a single violation, each violator shall be sanctioned.

4. Administrative violations shall be handled based on the nature and degree of the violation, the background of the violator, and mitigating and aggravating circumstances as prescribed in Articles 3 and 4 of this Decree to determine appropriate forms and measures of sanction.

5. Administrative sanctions shall not be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or if the violator is suffering from mental illness or other diseases that impair their ability to understand or control their actions.

Article 3. Mitigating Circumstances

1. The violator has prevented or reduced the harm of the violation or voluntarily remedied the consequences and compensated for losses.

2. The violator has voluntarily reported the violation and sincerely expressed remorse.

3. The violator is a pregnant woman, a minor, an elderly person, or someone who is ill or disabled, thereby limiting their ability to understand or control their actions.

4. The violation occurred due to particularly difficult circumstances not created by the violator themselves.

5. The violation was due to outdated knowledge or skills.

Article 4. Aggravating Circumstances

1. Organized violation.

2. Repeated violations or recidivism in the same field.

3. Inciting or coercing minors to violate, or forcing dependent individuals to violate.

4. Violation while intoxicated from alcohol, beer, or other stimulants.

5. Exploiting official position or power to violate.

6. Exploiting war conditions, natural disasters, or other special difficulties in society to violate.

7. Violation during the execution of a criminal sentence or an administrative penalty decision.

8. Continuing the administrative violation despite being ordered to cease by an authorized person.

9. After the violation, the violator attempts to evade or conceal the violation.

Article 5. Forms of Administrative Sanction

1. For each administrative violation of labor law, the violating organization or individual must bear one of the following primary forms of sanction:

a) Warning;

b) Fine.

When imposing a fine, the specific amount of the fine for a violation is the midpoint of the fine range corresponding to that violation as prescribed in this Decree; if the violation has mitigating circumstances, the fine may be lower but not below the minimum level of the fine range; if the violation has aggravating circumstances, the fine may be higher but not exceed the maximum level of the fine range.

2. Depending on the nature and degree of the violation, organizations and individuals violating labor law may also be subject to supplementary sanctions such as revoking the right to use various licenses and certificates.

3. In addition to the primary and supplementary sanctions prescribed in Clauses 1 and 2 of this Article, organizations and individuals violating labor law may also be subject to one or more of the following remedial measures:

a) Compel the violator to compensate for damages caused by the administrative violation, including damage to machinery, equipment, and enterprise assets as provided by law;

b) Compel compliance with legal provisions regarding: establishing a reserve fund for job loss prevention; implementing labor usage plans; entering into employment contracts; registering collective agreements; principles for wage scales, labor norms, reward systems; internal labor regulations; special labor conditions; foreign labor; ensuring trade union activity conditions; labor management measures; safety and hygiene at work;

c) Return the deposit and interest on savings to workers;

d) Arrange for the repatriation of overseas workers;

đ) Compel payment of social insurance contributions;

e) Recommend to the competent authority to freeze bank accounts, deduct social insurance contributions, or revoke operating permits;

g) Compel repair or modification of machines and equipment that do not meet safety and hygiene standards at work.

h) Compel inspection and registration of machinery, equipment, materials, and substances with strict requirements for occupational safety and health;

i) Other measures as prescribed by law.

Article 6. Statute of limitations for handling administrative offenses

1. The statute of limitations for administrative offenses under this Decree regarding labor law violations is one year from the date of the violation; if beyond such periods, no penalty shall be imposed but remedial measures provided for in Clause 3, Article 5 of this Decree shall still apply.

2. Within the time limit specified in Clause 1 of this Article, if an individual or organization commits a new administrative offense in the same field of labor as previously violated or intentionally evades or delays punishment, the statute of limitations mentioned above shall not apply; the statute of limitations for administrative offenses shall be recalculated from the date of committing the new administrative offense or the date of ceasing to evade or delay punishment.

3. For individuals who have been indicted, prosecuted, or had a case decided to be brought to trial according to criminal procedure and subsequently have a decision to terminate investigation or discontinue the case, they shall be subject to administrative penalties if their actions also constitute administrative violations, with a statute of limitations of three months from the date of the decision to terminate investigation or discontinue the case.

Article 7. Time period considered as not having been administratively penalized

The time period considered as not having been administratively penalized under labor law is one year from the date of completion of the administrative penalty decision or from the date when the statute of limitations for enforcing the administrative penalty decision expires without reoffending.

Chapter II

ADMINISTRATIVE VIOLATIONS OF LABOR LAW, FORMS AND AMOUNTS OF PENALTIES

PART 1

VIOLATIONS OF PROVISIONS ON LABOR RELATIONS

Article 8. Violations concerning employment

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on employers who commit any of the following acts:

a) Failure to publish the list of employees being terminated in accordance with labor laws;

b) Failure to consult with the Trade Union Committee or temporarily before terminating employees;

c) Failure to notify the provincial labor authority before terminating employees;

d) Violation of any of the provisions on procedures for hiring Vietnamese employees at enterprises, agencies, or organizations.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on organizations or individuals who commit any of the following violations: provisions on severance pay levels for employees; collecting job placement fees from employees higher than the prescribed level; collecting job placement fees without receipts, as follows:

a) From VND 1,000,000 to VND 2,000,000, when violating with one to ten employees;

b) From VND 2,000,000 to VND 5,000,000, when violating with eleven to fifty employees;

c) From VND 5,000,000 to VND 10,000,000, when violating with fifty-one to one hundred employees;

d) From VND 10,000,000 to VND 15,000,000, when violating with one hundred and one to five hundred employees;

đ) From VND 15,000,000 to VND 20,000,000, when violating with five hundred employees or more.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following acts:

a) An enterprise failing to establish a reserve fund for severance pay as stipulated in Clause 3, Article 17 of the Labor Code that has been amended and supplemented;

b) Job placement centers or enterprises engaged in job placement activities without a valid operating permit issued by the competent authority; operating contrary to the provisions of the permit.

4. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on organizations or individuals who commit any of the following acts:

a) Luring, promising, and making false advertisements to deceive employees as stipulated in Article 19 of the Labor Code that has been amended and supplemented;

b) Exploiting job placement services to engage in illegal activities as stipulated in Article 19 of the Labor Code that has been amended and supplemented.

5. Additional forms of administrative penalties for organizations or individuals violating the provisions of Clause 4 of this Article are as follows:

a) Revocation of the right to use the Operating Permit for a limited period, if it is the first violation, revocation of the right to use the Operating Permit indefinitely, if it is the second violation, for enterprises specializing in job placement activities;

b) Suspension of operations for a limited period by the agency issuing the establishment decision, if it is the first violation, suspension of operations indefinitely, if it is the second violation, for job placement centers.

6. Measures to remedy consequences:

a) Compelled to compensate losses to employees when violating the provisions of Clause 2 and Clause 4 of this Article.

b) Establishing a reserve fund for severance pay for violations stipulated in point a, Clause 3 of this Article.

Article 9. Violations concerning vocational training

1. A warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed on organizations or individuals who violate any of the provisions concerning the establishment; registration of activities; division; separation; merger; suspension of activities; and dissolution of vocational training institutions.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on organizations or individuals who violate any of the provisions concerning payment of wages to trainees and apprentices not in accordance with Clause 2, Article 23 of the Labor Code that has been amended and supplemented; collecting vocational training fees from persons exempted from such fees; collecting vocational training fees higher than the prescribed level, as follows:

a) From VND 1,000,000 to VND 2,000,000, when violating with one to ten trainees or apprentices;

b) From VND 2,000,000 to VND 5,000,000, when violating with eleven to fifty employees;

c) From VND 5,000,000 to VND 10,000,000, when violating with fifty-one to one hundred trainees or apprentices;

d) From VND 10,000,000 to VND 15,000,000, when violating with one hundred and one to five hundred employees;

đ) From VND 15,000,000 to VND 20,000,000, when violating with five hundred employees or more.

3. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on organizations or individuals who exploit the name of vocational training or skill transmission for profit; exploit labor or lure, compel trainees and apprentices into illegal activities as stipulated in Article 25 of the Labor Code that has been amended and supplemented.

4. Additional forms of administrative penalties: organizations violating the provisions of Clause 3 of this Article may have their right to use the Vocational Training Permit revoked for a limited period, if it is the first violation, revoked indefinitely, if it is the second violation.

5. Remedial measures: compensation for losses to employees when violating the provisions of Clause 2 and Clause 3 of this Article.

Article 10. Violations concerning labor contracts.

1. A warning or a fine from VND 100,000 to VND 500,000 shall be imposed on employers who commit any of the following acts:

a) Failing to provide an employment contract to the employee after signing it;

b) Violating the provisions on hiring domestic workers as stipulated in Article 139 of the Labor Code amended and supplemented.

2. A fine shall be imposed on employers who commit any of the following violations: entering into an employment contract not in accordance with the type prescribed in Article 27 of the Labor Code amended and supplemented; an employment contract without the signature of either party, at the following levels:

a) From VND 500,000 to VND 1,000,000, when violating with one to ten employees;

b) From VND 1,000,000 to VND 3,000,000, when violating with eleven to fifty employees;

c) From VND 3,000,000 to VND 5,000,000, when violating with fifty-one to one hundred employees;

d) From VND 5,000,000 to VND 7,000,000, when violating with one hundred and one to five hundred employees;

đ) From VND 7,000,000 to VND 10,000,000, when violating with more than five hundred employees.

3. A fine shall be imposed on employers who commit any of the following violations: applying a probationary period for employees longer than that prescribed in Article 32 of the Labor Code amended and supplemented and the guiding regulations for implementation; violating the provisions on temporary transfer of employees to other work; regarding payment of wages to employees during the temporary transfer of employees to other work as stipulated in Article 34 of the Labor Code amended and supplemented; violating the provisions on severance benefits as stipulated in Clause 1, Article 42 of the Labor Code amended and supplemented, at the following levels:

a) From VND 1,000,000 to VND 2,000,000, when violating with one to ten trainees or apprentices;

b) From VND 2,000,000 to VND 5,000,000, when violating with eleven to fifty employees;

c) From VND 5,000,000 to VND 10,000,000, when violating with fifty-one to one hundred trainees or apprentices;

d) From VND 10,000,000 to VND 15,000,000, when violating with one hundred and one to five hundred employees;

đ) From VND 15,000,000 to VND 20,000,000, when violating with five hundred employees or more.

4. A fine from VND 15,000,000 to VND 20,000,000 shall be imposed on employers who commit any of the following acts:

a) Abusing or forcing labor as provided by labor laws;

b) Forcing employees to deposit money in violation of legal provisions;

c) The subsequent employer does not use the employee according to the labor utilization plan prescribed in Article 31 of the Labor Code amended and supplemented;

5. In addition to the penalties prescribed in this Article, violators shall be subject to one of the following remedial measures:

a) Providing an employment contract to the employee in accordance with the legal provisions for the violation stipulated in Clause 1 of this Article;

b) Entering into an employment contract in accordance with the legal provisions; if there is no signature of either party, then the signature must be supplemented accordingly for the violation stipulated in Clause 2 of this Article;

c) Returning the deposit money to the employee and the interest rate on savings published by the State Bank at the time of repayment for the violation stipulated in point b, Clause 4 of this Article;

d) Implementing the use of labor according to the approved labor utilization plan for the violation stipulated in point c, Clause 4 of this Article;

đ) Compensating for losses suffered by employees when violating the provisions stipulated in Clause 3 and Clause 4 of this Article.

Article 11. Violations concerning collective labor agreements

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on employers who fail to register collective labor agreements with provincial-level state management agencies on labor as stipulated in Point d, Clause 1, Article 47 of the Labor Code amended and supplemented;

2. A fine from VND 5,000,000 to VND 8,000,000 shall be imposed on employers who commit any of the following acts:

a) Refusing to negotiate to sign or amend and supplement collective labor agreements upon receiving a request for negotiation as stipulated in Clause 1, Article 46 of the Labor Code amended and supplemented;

b) Implementing the contents of collective labor agreements declared void.

3. Measures to remedy consequences:

a) Registering collective labor agreements with provincial-level state management agencies on labor in accordance with the law for the violation stipulated in Clause 1 of this Article;

b) Must negotiate to sign or amend and supplement collective labor agreements in accordance with the negotiation request for the violation stipulated in point a, Clause 2 of this Article.

Article 12. Violations concerning wage and bonus

1. A warning or a fine from VND 100,000 to VND 500,000 shall be imposed on employers who commit any of the following acts:

a) Failing to implement the principles of establishing wage scales, salary tables, and labor norms as prescribed by law;

b) Deducting wages from employees without discussing with the Trade Union Committee or the Temporary Trade Union Committee (if any).

2. A fine from VND 1,000,000 to VND 5,000,000 shall be imposed on employers who commit any of the following acts:

a) Not paying wages directly, fully, and on time at the workplace; delaying payment but not compensating as prescribed in Article 59 of the Labor Code amended and supplemented;

b) Not registering wage scales and salary tables with provincial-level state management agencies on labor; not publicly announcing wage scales, salary tables, labor norms, and bonus regulations within the enterprise.

3. A fine shall be imposed on employers who commit any of the following violations: deducting wages from employees without informing them of the reasons; deducting monthly wages from employees higher than the level prescribed in Clause 1, Article 60 of the Labor Code amended and supplemented; not paying full wages to employees in cases where work stops due to the employer's fault; paying employees less than the minimum wage in cases where work stops not due to the employee's fault and due to power outages, water shortages, or force majeure as prescribed in Article 62 of the Labor Code amended and supplemented; not paying wages and allowances to employees during the temporary cessation of their duties as prescribed in Article 92 of the Labor Code amended and supplemented, at the following levels:

a) From VND 500,000 to VND 1,000,000, when violating with one to ten employees;

b) From VND 1,000,000 to VND 3,000,000, when violating with eleven to fifty employees;

c) From VND 3,000,000 to VND 5,000,000, when violating with fifty-one to one hundred employees;

d) From VND 5,000,000 to VND 7,000,000, when violating with one hundred and one to five hundred employees;

đ) From VND 7,000,000 to VND 10,000,000, when violating with more than five hundred employees.

4. A fine shall be imposed on employers who commit any of the following violations: paying wages to employees lower than the minimum wage; paying at the minimum wage level for skilled technical workers as prescribed in Articles 55 and 56 of the Labor Code which has been amended and supplemented; failing to pay overtime wages or paying them incorrectly or incompletely as stipulated by labor laws; imposing salary cuts on employees as follows:

a) From VND 1,000,000 to VND 2,000,000, when violating with one to ten trainees or apprentices;

b) From VND 2,000,000 to VND 5,000,000, when violating with eleven to fifty employees;

c) From VND 5,000,000 to VND 10,000,000, when violating with fifty-one to one hundred trainees or apprentices;

d) From VND 10,000,000 to VND 15,000,000, when violating with one hundred and one to five hundred employees;

đ) From VND 15,000,000 to VND 20,000,000, when violating with five hundred employees or more.

5. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on employers who fail to establish a wage scale, labor quota, remuneration regulations, and bonus regulations within their enterprises.

6. Measures to remedy consequences:

a) Compel compensation for damages suffered by employees when violating the provisions of Clause 3 and Clause 4 of this Article;

b) Register the wage scale with the competent state management agency on labor affairs; publicly announce the wage scale, labor quota, remuneration regulations, and bonus regulations within the enterprise for violation point b of Clause 2 of this Article;

c) Establish the wage scale, labor quota, remuneration regulations, and bonus regulations within the enterprise in accordance with the provisions of the law for violation of Clause 5 of this Article.

Article 13. Violations concerning working hours and rest periods

1. A fine shall be imposed on employers who commit any of the following violations: violating the working time standards prescribed in Articles 68, 115, 122, 123, and 125 of the Labor Code which has been amended and supplemented; violating the break time between shifts and between two consecutive shifts or violating the weekly rest period regulations prescribed in Articles 71 and 72 of the Labor Code which has been amended and supplemented; violating the holiday regulations prescribed in Article 73 of the Labor Code which has been amended and supplemented; violating the annual leave regulations prescribed in Articles 74, 75, and 76 of the Labor Code which has been amended and supplemented; violating the personal leave regulations prescribed in Article 78 of the Labor Code which has been amended and supplemented, as follows:

a) From VND 1,000,000 to VND 2,000,000, when violating with one to ten trainees or apprentices;

b) From VND 2,000,000 to VND 5,000,000, when violating with eleven to fifty employees;

c) From VND 5,000,000 to VND 10,000,000, when violating with fifty-one to one hundred trainees or apprentices;

d) From VND 10,000,000 to VND 15,000,000, when violating with one hundred and one to five hundred employees;

đ) From VND 15,000,000 to VND 20,000,000, when violating with five hundred employees or more.

2. A fine shall be imposed on employers who use employees for overtime work exceeding the time limit prescribed in Article 69 of the Labor Code which has been amended and supplemented, as follows:

a) From VND 5,000,000 to VND 7,000,000, when violating with one to fifty employees;

b) From VND 7,000,000 to VND 10,000,000, when violating with fifty to one hundred employees;

c) From VND 10,000,000 to VND 15,000,000, when violating with one hundred to five hundred employees;

d) From VND 15,000,000 to VND 20,000,000, when violating with five hundred employees or more.

3. Measures to remedy consequences:

a) Must arrange compensatory rest time for employees for the violation under Clause 1 of this Article;

b) Must pay overtime wages according to the legal provisions for the time exceeding or working during the rest time (without compensatory rest) for the violation under Clause 1 of this Article;

c) Compensate for damages suffered by employees when violating the provisions of this Article.

Article 14. Violations concerning labor discipline and material responsibility

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on employers who fail to consult with the Trade Union Committee of the enterprise or the Temporary Trade Union Committee (if any) when establishing the internal regulations as prescribed in Clause 2 of Article 82 of the Labor Code which has been amended and supplemented.

2. A fine from VND 1,000,000 to VND 5,000,000 shall be imposed on employers who commit any of the following acts:

a) Not registering the internal regulations with the provincial-level labor management agency as prescribed in Clause 3 of Article 82 of the Labor Code which has been amended and supplemented;

b) The content of the internal regulations violates the provisions of Clause 1 of Article 83 of the Labor Code which has been amended and supplemented; not publicly announcing and posting the internal regulations in necessary places within the enterprise as prescribed in Clause 2 of Article 83 of the Labor Code which has been amended and supplemented;

c) Violating the suspension period for employees as prescribed in Clause 2 of Article 92 of the Labor Code which has been amended and supplemented.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on employers who commit any of the following acts:

a) Not establishing internal regulations as prescribed in Clause 1 of Article 82 of the Labor Code which has been amended and supplemented;

b) Violating the procedures for disciplinary actions prescribed in Article 87 of the Labor Code which has been amended and supplemented; handling compensation for damages as prescribed in Article 91 of the Labor Code which has been amended and supplemented;

c) Forcing employees to compensate for material losses contrary to the provisions of Articles 89 and 90 of the Labor Code which has been amended and supplemented;

d) Failing to resolve the rights of employees as prescribed by law when the competent authority concludes that the disciplinary action was incorrect.

4. Measures to remedy consequences:

a) Compel compensation for damages suffered by employees when violating the provisions of point c Clause 2, point d Clause 3 and refund the excess compensation amount as prescribed in point c Clause 3 of this Article;

b) Register the internal regulations with the provincial labor agency as prescribed by law for the violation of point a Clause 2 of this Article;

c) Publicly announce and post the internal regulations within the enterprise for the violation of point b Clause 2 of this Article;

d) Establish the internal regulations in accordance with the provisions of the law for the violation of point a Clause 3 of this Article.

Article 15. Violations concerning special types of labor

1. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed on organizations and individuals who commit any of the following acts:

a) Not providing changing rooms, bathrooms, and female toilets as prescribed in Clause 1 of Article 116 of the Labor Code which has been amended and supplemented;

b) Not consulting with representatives of female employees when deciding issues related to the rights and interests of women and children as prescribed in Clause 1 of Article 118 of the Labor Code which has been amended and supplemented;

c) Using female workers who are pregnant from the seventh month onwards or those nursing children under twelve months of age for overtime work; night shifts; travel outside the scope defined in Clause 1, Article 115 of the Labor Code as amended and supplemented, without transferring them to lighter work or reducing one hour for female workers engaged in heavy work as defined in Clause 2, Article 115 of the Labor Code as amended and supplemented;

d) Not allowing female workers to rest for thirty minutes each day during menstruation or sixty minutes each day while nursing children under twelve months old as stipulated in Clause 3, Article 115 of the Labor Code as amended and supplemented;

đ) Engaging in discriminatory behavior against women, insulting the dignity and personal integrity of female workers as defined in Clause 1, Article 111 of the Labor Code as amended and supplemented;

e) Employing female workers, elderly workers, and disabled workers in heavy, dangerous work, or exposure to toxic substances as defined in Article 113, Clause 3, Article 124, and Clause 3, Article 127 of the Labor Code as amended and supplemented, and guiding documents;

g) Not maintaining records; conducting regular health checks; overworking underage workers as defined in Article 119 of the Labor Code as amended and supplemented;

h) Employing underage workers and disabled workers for more than seven hours a day or forty-two hours a week as defined in Clause 1, Article 122 and Clause 4, Article 125 of the Labor Code as amended and supplemented;

i) Employing disabled workers with reduced working capacity of fifty-one percent or more for overtime work; night shifts as defined in Clause 2, Article 127 of the Labor Code as amended and supplemented.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on employers engaging in any of the following acts:

a) Dismissing or unilaterally terminating the labor contract with female workers due to marriage; pregnancy; maternity leave; nursing children under twelve months old as stipulated in Clause 3, Article 111 of the Labor Code as amended and supplemented;

b) Employing underage workers in heavy, dangerous work, or exposure to toxic substances or workplaces that adversely affect the personality of underage workers according to the list issued by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Health as defined in Article 121 of the Labor Code as amended and supplemented;

c) Refusing to employ disabled workers or failing to contribute to the employment fund to provide jobs for disabled workers in certain occupations and positions as required by Clause 3, Article 125 of the Labor Code as amended and supplemented and guiding documents;

Article 16. Violations concerning foreign workers working in Vietnam

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following violations:

a) Foreign individuals physically assaulting, insulting the dignity, and personal integrity of workers without reaching the level of criminal responsibility as prescribed by law;

b) Employers employing foreign workers without a work permit;

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on employers recruiting foreign workers exceeding the prescribed ratio; failing to develop a plan to train Vietnamese workers to replace foreign workers as stipulated in Clause 1, Article 132 of the Labor Code as amended and supplemented;

3. Deportation shall be imposed on foreign workers violating any of the following acts:

a) Foreign individuals working in Vietnam for three months or more without a work permit or using an expired work permit as stipulated in Clause 1, Article 133 of the Labor Code as amended and supplemented;

b) Repeatedly violating the act prescribed in point a, Clause 1 of this provision;

Deportation must be carried out within the authority and procedures prescribed by law;

4. Measures to remedy consequences:

Employers must employ foreign workers in accordance with the prescribed ratio; develop plans to train Vietnamese workers to replace foreign workers as stipulated in Clause 2 of this provision;

Article 17. Violations concerning sending workers to work abroad

1. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed on enterprises engaging in any of the following acts:

a) Failing to report or reporting inadequately on the content of subordinate units entrusted with the task of exporting labor;

b) Failing to register labor export contracts; registering inadequately the number of workers according to the contract or registering labor export contracts after sending workers to work abroad;

c) Failing to comply with regulations regarding dispatching staff to manage workers abroad;

d) Failing to fully and timely submit periodic or ad hoc reports as prescribed;

đ) Failing to terminate contracts with workers;

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on enterprises engaging in any of the violations stipulated in points c, e, and h, Clause 2, Article 135 of the Labor Code as amended and supplemented;

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on enterprises engaging in any of the following acts:

a) Violating any of the provisions stipulated in points a, d, đ, g, and i, Clause 2, Article 135 of the Labor Code as amended and supplemented;

b) Managing deposits collected from workers improperly;

4. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on organizations and individuals engaging in any of the following acts:

a) Conducting selection and organizing workers to go abroad without permission from competent authorities;

b) Exploiting the pretext of labor export to organize recruitment, training, and orientation programs for improper profit;

c) Sending workers to work abroad in professions, positions, and areas listed as prohibited;

5. Additional penalties: applied according to the provisions in points a and b, Clause 1, Article 11, and Clause 2, Article 35 of Decree No. 81/2003/NĐ-CP dated July 17, 2003 of the Government detailing and guiding the implementation of the Labor Code concerning Vietnamese workers working abroad.

6. Measures to remedy consequences:

a) Organizations and individuals violating Point a and Point c Clause 4 of this Article must organize the return of workers to their home country at the request of the host country or competent authorities of Vietnam;

b) Enterprises, organizations, and individuals shall compensate for losses and bear all costs arising from violations of Clauses 2, 3, and 4 of this Article;

Article 18. Violations of social insurance regulations

1. A fine shall be imposed on employers who fail to fully contribute to social insurance for workers, as follows:

a) From VND 500,000 to VND 1,000,000, when violating with one to ten employees;

b) From VND 1,000,000 to VND 3,000,000, when violating with eleven to fifty employees;

c) From VND 3,000,000 to VND 5,000,000, when violating with fifty-one to one hundred employees;

d) From VND 5,000,000 to VND 10,000,000 when the violation involves between 101 and 500 workers;

đ) From VND 10,000,000 to VND 15,000,000 when the violation involves 500 workers or more;

2. A fine shall be imposed on employers who fail to contribute to social insurance or pay social insurance into wages for workers not covered under mandatory social insurance, as follows:

a) From VND 3,000,000 to VND 5,000,000 when the violation involves between 01 and 10 workers;

b) From VND 5,000,000 to VND 7,000,000 when the violation involves between 11 and 50 workers;

c) From VND 7,000,000 to VND 10,000,000 when the violation involves between 51 and 100 workers;

d) From VND 10,000,000 to VND 15,000,000, when violating with one hundred and one to five hundred employees;

đ) From VND 15,000,000 to VND 20,000,000 when the violation involves 500 workers or more;

3. A fine of VND 500,000 to VND 1,000,000 shall be imposed on individuals who issue false certificates for sick workers, work-related injury treatment, or occupational disease treatment;

4. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Workers who fraudulently or falsely submit documents to claim social insurance benefits;

b) Employers, social insurance agencies, or individuals intentionally causing difficulties or obstructing workers' entitlement to social insurance benefits;

5. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for any of the following acts:

a) Issuing false disability assessment or rating certificates for those injured in workplace accidents or suffering from occupational diseases;

b) Employers failing to contribute to social insurance late by thirty days or more from the due date as prescribed by law;

6. Additional sanctions: recommending that the competent authority revoke the business license for the third violation of the provisions set out in Clause 1 and Clause 2 of this Article;

7. Measures to remedy consequences:

a) Recover the amount of social insurance contributions as prescribed and compensate for losses caused to workers for violations of Clause 1 and Clause 2 of this Article;

b) Reimburse the benefits already received to the social insurance agency for violations of Point a Clause 4 of this Article;

c) Recommending that the person with authority as stipulated in Clause 2 Article 26 of this Decree freeze the account until the employer pays the full social insurance within a maximum period of thirty days for violations of Clause 1 and Clause 2 of this Article. Upon expiration of this period, if the employer fails to pay the full social insurance, the aforementioned authority shall require the bank where the employer has an account to deduct the social insurance debt into the account of the social insurance agency;

Article 19. Violations of labor dispute resolution and strike regulations

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on each worker committing the following acts:

a) Participating in a strike after the Prime Minister's Decision suspending or postponing the strike as provided for in Article 175 or participating in a strike as provided for in Point a and Point b Clause 1 Article 176 of the Labor Code amended and supplemented;

b) Engaging in acts damaging machinery, equipment, or enterprise property, or acts disrupting public order and safety during a strike;

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on individuals obstructing the exercise of the right to strike, compelling, or inciting others to strike as provided for in Clause 2 Article 178 of the Labor Code amended and supplemented;

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on individuals retaliating against or persecuting strikers or strike leaders as provided for in Clause 1 Article 178 of the Labor Code amended and supplemented;

4. Measures to remedy consequences: ordering compensation for material damages when causing damage to machinery, equipment, or property for violations of Point b Clause 1 of this Article;

Article 20. Violations of trade union organization and operation regulations

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on employers committing any of the following acts:

a) Failing to provide necessary working conditions for the trade union; failing to allocate time for trade union staff to operate as prescribed in Clause 2 Article 154 and Clauses 1, 2, and 3 Article 133 of the Labor Code amended and supplemented;

b) Discriminating against workers for establishing, joining, or operating a trade union; using economic measures or other means to interfere with the organization and operation of the trade union as prescribed in Clause 3 Article 154 of the Labor Code amended and supplemented;

c) Dismissing or unilaterally terminating employment contracts with members of the Trade Union Committee without agreement from the Trade Union Committee or with the Chairman of the Trade Union Committee without agreement from the higher-level trade union organization as prescribed in Clause 4 Article 155 of the Labor Code amended and supplemented;

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on employers obstructing the establishment of a trade union at the enterprise or obstructing the operation of the trade union;

3. Measures to remedy consequences:

a) Ensuring necessary working conditions for the trade union and allocating time for trade union staff for violations of Point a Clause 1 of this Article;

b) Reinstating workers for violations of Point c Clause 1 of this Article;

Article 21. Other violations

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on employers committing any of the following acts:

a) Failing to report the use of labor; failing to report changes in personnel; failing to report the termination of labor use when the enterprise ceases operations as prescribed in Article 182 of the Labor Code amended and supplemented;

b) Not establishing a labor book; not establishing a salary book; not establishing a social insurance book as prescribed in Article 182 of the Labor Code which has been amended and supplemented;

c) Not returning the labor book and social insurance book to the worker.

2. A fine of from five million dong to ten million dong shall be imposed on individuals who commit acts that infringe upon the dignity and personality of workers.

3. Measures to remedy consequences:

a) To report on the use of labor; to report changes in personnel; to report the termination of labor use in cases where the enterprise ceases operations for violations under point a, Clause 1 of this Article;

b) To establish a labor book, salary book, and social insurance book for violations under point b, Clause 1 of this Article;

c) To return the labor book and social insurance book to the worker for violations under point c, Clause 1 of this Article.

PART 2

VIOLATIONS OF LABOR SAFETY AND HEALTH REGULATIONS

Article 22. Violations of regulations on equipment for labor safety and health for workers

1. A warning or a fine of from one hundred thousand dong to five hundred thousand dong shall be imposed on workers who commit any of the following acts:

a) Not complying with the regulations on labor safety and health as stipulated in Clause 1 of Article 95 of the Labor Code which has been amended and supplemented;

b) Not using personal protective equipment provided by the employer.

2. A fine of from one million dong to five million dong shall be imposed on employers who fail to provide adequate personal protective equipment for workers as stipulated in Clause 1 of Article 95 of the Labor Code which has been amended and supplemented.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on employers who commit any of the following acts:

a) Not having protective devices for dangerous parts of machines and equipment; not having safety instructions posted at workplaces, machine locations, and places with hazardous and toxic factors as prescribed in Article 98 of the Labor Code which has been amended and supplemented;

b) Not providing adequate technical, medical equipment, and appropriate personal protective equipment to ensure timely rescue when accidents occur at workplaces with hazardous and toxic factors likely to cause work-related injuries as prescribed in Article 100 of the Labor Code which has been amended and supplemented;

c) Not providing adequate personal protective equipment for workers engaged in jobs with hazardous and toxic factors as prescribed in Article 101 of the Labor Code which has been amended and supplemented.

4. Remedial measures: Compel employers to provide technical, medical, and personal protective equipment as prescribed for workers when violating the provisions of Clauses 2 and 3 of this Article.

Article 23. Violations of regulations ensuring the health and safety of workers

1. A fine shall be imposed on employers who commit any of the following acts: failing to implement the material benefits system for workers engaged in jobs with hazardous and toxic factors as prescribed in Article 104 of the Labor Code which has been amended and supplemented; failing to treat or conduct regular health check-ups and maintain separate health records for workers suffering from occupational diseases, as follows:

a) From VND 500,000 to VND 1,000,000, when violating with one to ten employees;

b) From VND 1,000,000 to VND 3,000,000, when violating with eleven to fifty employees;

c) From VND 3,000,000 to VND 5,000,000, when violating with fifty-one to one hundred employees;

d) From VND 5,000,000 to VND 7,000,000, when violating with one hundred and one to five hundred employees;

đ) From VND 7,000,000 to VND 10,000,000, when violating with more than five hundred employees.

2. A fine of from five million dong to ten million dong shall be imposed on employers who commit any of the following acts:

a) Not organizing training, guidance, and notification to workers about safe working regulations, accident prevention measures as prescribed in Article 102 of the Labor Code which has been amended and supplemented;

b) Not organizing regular health check-ups and caring for the health of workers as prescribed in Articles 102 and 103 of the Labor Code which has been amended and supplemented;

c) Not implementing regulations on working hours, rest periods, decontamination, disinfection, and personal hygiene for workers engaged in jobs with hazardous and toxic factors as prescribed in Article 104 of the Labor Code which has been amended and supplemented.

3. Measures to remedy consequences:

a) Must organize training, guidance on safety measures, accident prevention, and health check-ups, treatment, and maintenance of health records for workers when violating the provisions of Clause 1 and points a and b of Clause 2 of this Article;

b) Must compensate for the benefits owed to workers when violating Clause 1 of this Article.

Article 24. Violations of labor safety and health standards

1. A fine of from five million dong to ten million dong shall be imposed on employers who commit any of the following acts:

a) Not regularly inspecting and repairing machines, equipment, factories, warehouses as prescribed in Clause 1 of Article 98 of the Labor Code which has been amended and supplemented;

b) Violating safety and health standards in the production, use, storage, retention, transportation of machinery, equipment, materials, and substances requiring strict labor safety and health standards according to the list issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health as prescribed in Clause 2 of Article 96 of the Labor Code which has been amended and supplemented;

c) Not registering machinery, equipment, materials, and substances requiring strict labor safety and health standards as prescribed in Clause 2 of Article 96 of the Labor Code which has been amended and supplemented and related guiding documents;

d) Not ensuring workplace standards as prescribed in Article 97 of the Labor Code which has been amended and supplemented.

2. A fine of from fifteen million dong to twenty million dong shall be imposed on employers who commit any of the following acts:

a) Not having proof of safety measures when constructing, renovating facilities for the production, use, storage, retention, and transportation of machinery, equipment, materials, and substances requiring strict labor safety standards according to the list issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health as prescribed in Clause 1 of Article 96 of the Labor Code which has been amended and supplemented;

b) Not conducting inspections on machinery, equipment, materials, and substances requiring strict labor safety and health standards as prescribed in Clause 2 of Article 96 of the Labor Code which has been amended and supplemented;

c) Not taking remedial measures or suspending operations at workplaces, machines, and equipment with a risk of work-related accidents and occupational diseases as prescribed in Clause 1 of Article 99 of the Labor Code which has been amended and supplemented.

3. Measures to remedy consequences:

a) Compel the implementation of measures to ensure workplace safety and hygiene; comply with safety regulations and standards when violating points b, d Clause 1 and point a Clause 2 of this Article;

b) Compel repair and rectification for machines and equipment that do not meet occupational safety standards as listed by the Ministry of Labor, Invalids, and Social Affairs;

c) Compel registration with the competent authority of types of machines, equipment, and substances with strict requirements for occupational safety and hygiene when violating point c Clause 1 of this Article.

Article 25. Violations concerning work-related accidents and occupational diseases

1. Fine from 1,000,000 VND to 5,000,000 VND for employers who commit any of the following acts:

a) Failure to implement regulations on handling and arranging suitable work for employees suffering from occupational diseases or work-related accidents as concluded by the Medical Appraisal Board under Clause 1 Article 107 of the amended and supplemented Labor Code;

b) Failure to pay medical expenses from first aid through final treatment for employees suffering from work-related accidents or occupational diseases as stipulated in Clause 2 Article 107 of the amended and supplemented Labor Code;

c) Failure to provide compensation or restitution to employees who suffer from work-related accidents or occupational diseases in cases specified in Clauses 2 and 3 Article 107 of the amended and supplemented Labor Code;

2. Fine from 5,000,000 VND to 10,000,000 VND for employers who fail to report or falsely report work-related accidents or occupational diseases; failure to regularly compile and report statistics on work-related accidents and occupational diseases as provided in Article 108 of the amended and supplemented Labor Code.

3. Remedial measures: compel restitution for damages suffered by employees when violating points b and c Clause 1 of this Article.

Chapter III

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES AND PROCEDURES FOR ENFORCING DECISIONS ON ADMINISTRATIVE PENALTIES CONCERNING VIOLATIONS OF LABOR LAW

Article 26. Authority of People's Committees at all levels

1. The Chairman of the People's Committee of districts, counties, towns, and provincial cities has the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To apply supplementary administrative penalty measures as prescribed in Clause 2 Article 5 of this Decree.

d) To apply remedial measures as prescribed in points a, b, c, d, đ, g, and h Clause 3 Article 5 of this Decree.

2. The Chairman of the People's Committee of provinces and centrally-administered cities has the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To apply supplementary administrative penalty measures as prescribed in Clause 2 Article 5 of this Decree;

d) To apply remedial measures as prescribed in Clause 3 Article 5 of this Decree.

Article 27. Authority to impose administrative penalties of State Labor Inspectors

1. Labor inspectors performing their duties have the right:

a) To issue warnings;

b) To impose a fine up to two hundred thousand dong;

c) To confiscate items and means used in administrative violations up to a value of 2,000,000 VND.

d) To apply remedial measures as prescribed in points a, b, c, d, đ, g, and h Clause 3 Article 5 of this Decree.

2. The Chief Inspector of the Department of Labor Inspection has the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To apply supplementary administrative penalty measures as prescribed in Clause 2 Article 5 of this Decree;

d) To apply remedial measures as prescribed in points a, b, c, d, đ, g, and h Clause 3 Article 5 of this Decree.

3. The Chief Inspector of the Ministry of Labor has the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To apply supplementary administrative penalty measures as prescribed in Clause 2 Article 5 of this Decree;

d) To apply remedial measures as prescribed in points a, b, c, d, đ, g, and h Clause 3 Article 5 of this Decree.

Article 28. Authority to impose administrative penalties in the field of labor safety and hygiene managed by the Public Security, Defense, Science and Technology, Industry, Transportation sectors

Those authorized to inspect labor safety and hygiene in fields as prescribed in Clause 3 Article 191 of the amended and supplemented Labor Code, when conducting inspections, have the right to impose administrative penalties for violations of labor laws equivalent to the authority of labor inspectors as prescribed in this Decree.

Labor safety inspections and labor hygiene inspections in fields such as radiation, oil exploration and exploitation, railway, waterway, road, air transport, and military units shall be carried out by the relevant management agencies in coordination with the State Labor Inspectorate.

Article 29. Principles for determining the authority to impose administrative penalties for violations of labor laws

1. For administrative violations of labor laws within the jurisdiction of multiple state management agencies, the agency that first handles the case shall impose penalties according to this Decree.

2. The authority to impose penalties for those specified in Articles 26, 27, and 28 is the authority to apply to a single administrative violation.

In cases of fines, the authority to impose penalties is determined based on the maximum amount of the fine prescribed for each specific violation.

3. In cases where an individual commits multiple administrative violations, the authority to impose penalties is determined according to the following principles:

a) If the form and level of punishment prescribed for each act all fall within the authority of the person imposing the penalty, then the authority to impose penalties still belongs to that person;

b) If the form and level of penalty prescribed for any of the violations exceed the authority of the person imposing the penalty, then that person must transfer the case to the authority with jurisdiction to impose penalties;

c) If the violations fall within the authority of different persons from various agencies, then the authority to impose penalties belongs to the Chairman of the People's Committee at the level with jurisdiction over the place where the violation occurred.

Article 30. Delegation of authority to impose administrative sanctions

In cases where those authorized to handle administrative violations as specified in Articles 26, 27, and 28 of this Decree are absent, the deputy authorized to handle administrative violations must assume responsibility for their decisions.

Article 31. Procedures for imposing administrative penalties and enforcing penalty decisions

The procedures for imposing administrative penalties for violations of labor laws and the enforcement of penalty decisions are implemented according to Articles 54 to 68 of Chapter VI of the Administrative Violation Handling Regulation dated July 2, 2002.

Article 32. Publicizing the situation of labor law violations and the results of handling

The Chief Inspector of Labor has the responsibility to publicly announce via mass media the situation of labor law violations by enterprises and the handling of violations according to the law.

Chapter IV

REWARDS, COMPLAINTS, REPORTS, AND RESOLUTION OF COMPLAINTS AND REPORTS

Article 33. Complaints and accusations against administrative violation penalty decisions and the resolution of complaints and accusations

1. Individuals and organizations subject to administrative violation penalties, or their legitimate representatives, have the right to complain about administrative violation penalty decisions and decisions on applying preventive measures and ensuring the handling of administrative violations.

2. Citizens have the right to accuse state agencies with jurisdiction over acts contrary to the law when dealing with administrative violations concerning labor law violations.

3. The authority, procedures, sequence, and deadlines for complaints and accusations and the resolution of complaints and accusations shall be carried out in accordance with the provisions of the law on complaints and accusations.

Article 34. Awards

1. Individuals and organizations that achieve outstanding results in combating administrative violations of labor law shall be rewarded according to the general provisions of the law on commendation and reward.

It is strictly prohibited to use funds collected from administrative violation penalties or from selling confiscated items or means to allocate rewards.

2. Enterprises and individuals using labor that strictly comply with labor laws and ensure the healthy development of labor relations shall be rewarded according to the general provisions of the law on commendation and reward.

Article 35. Handling Violations

1. An individual with the authority to impose administrative penalties for labor law violations who engages in harassment, tolerance, shielding, failure to penalize, untimely, incorrect, or excessive penalties beyond the prescribed authority shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

2. An individual subject to administrative penalties for labor law violations who obstructs, resists law enforcement officers, delays, evades compliance with penalty decisions, or commits other violations shall be subject to administrative penalties or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 36. Effectiveness

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

2. This Decree replaces Government Decree No. 38/CP dated June 25, 1996, which stipulates administrative penalties for labor law violations.

3. All other provisions regarding administrative penalties for labor law violations that conflict with this Decree are abolished.

Article 37. Responsibility for guiding implementation

The Minister of Labor, Invalids, and Social Affairs is responsible for guiding and supervising the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.

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