Decree No. 28/2020/ND-CP on administrative penalties for violations in the labor, social insurance, and sending Vietnamese workers to work abroad under contracts.

DECREE

Regulations on Administrative Sanctions for Violations in the Field of Labor, Social Insurance, and Sending Vietnamese Workers to Work Abroad under Contracts

___________________

WHEREAS, the Law on Organization of People's Committees, People's Councils dated June 18, 2012;36/2016/NĐ-CP dated May 15, 2016 of the Government on medical equipment management.

Pursuant to the Law on Handling Administrative Violations crime of intentional misconductThe Government promulgates this Decree stipulating the National Database on Administrative Offense Handling.

Based on the Labor Code dated June 18, 2012;

Pursuant to the Labor Law dated November 16, 2013;

Pursuant to the Labor Safety Law dated June 25, 2015;

Pursuant to the Trade Union Law dated June 20, 2012;

Pursuant to the Law on Social Insurance dated March 20Pursuant to Article 5 of Decree No. 123/2015/NĐ-CP dated November 15, 2015 issued by the Government on the implementation of the National Program for Household Registration and Statistics for the period 2017-2024;

Pursuant to the Law on Vietnamese Workers Going Abroad Under Contract dated November 29, 2006;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree stipulating administrative sanctions for violations in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts.This Decree stipulates acts of violation, forms of sanction, levels of sanction, measures to remedy consequences, sanctioning authority, authority to issue administrative violation notices, and procedures for handling administrative violations in the fields of labor, social insurance, and sending Vietnamese workers to work abroad under contracts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. Persons using labor, workers, and other individuals and organizations that commit administrative violations in the fields of labor, social insurance, and sending Vietnamese workers to work abroad under contracts as prescribed in this Decree.

Article 2. Applicability

1. Employers, workers, and other individuals and organizations that commit administrative violations in the fields of labor, social insurance, and sending Vietnamese workers to work abroad under contracts as prescribed in this Decree.

2. Individuals with the authority to impose sanctions and the authority to issue administrative violation notices are specified in Chapter V of this Decree.

3. Other agencies, organizations, and individuals related to the imposition of administrative sanctions as prescribed in this Decree.

Article 3. Forms of Sanction

1. Organizations and individuals committing administrative violations in the fields of labor, social insurance, and sending Vietnamese workers to work abroad under contracts shall be sanctioned according to the main form of sanction which is warning or fine.

2. Depending on the nature and degree of the violation, organizations and individuals committing administrative violations may also be subject to one or more supplementary forms of sanction as follows:

a) Suspension of the right to use the Permit for Labor Dispatch Services for a period from one month to three months or from six months to twelve months;

b) Suspension of the right to use the Certificate of Technical Inspector for a period from one month to three months for technical inspectors;

c) Confiscation of the Permit for Labor Dispatch Services;

d) Confiscation of the Certificate of Compliance for Occupational Safety and Health Training Services;

đ) Confiscation of the Certificate of Compliance for Technical Inspection Services for Occupational Safety and Health;

e) Confiscation of the Certificate of Technical Inspector;

g) Suspension of occupational safety and health training activities for a period from one month to three months;

h) Suspension of technical inspection activities for a period from one month to three months;

i) Suspension of environmental monitoring activities in the workplace for a period from three months to six months;

k) Suspension of activities sending workers to work abroad for a period from one month to three months or from four months to six months or from six months to twelve months;

l) Suspension of the performance of labor supply contracts for a period from one month to three months or from three months to six months or from six months to twelve months;

m) Deportation of foreign workers working in Vietnam.

Article 4. Measures to Remedy Consequences

In addition to the forms of sanction prescribed in Article 3 of this Decree, individuals and organizations committing administrative violations may also be subject to one or several remedial measures as follows:

1. Compel the return of the amount of money collected from workers.

2. Compel the return of original personal identification documents, diplomas, and certificates held from workers.

3. Compel the return of personal identification documents to domestic helpers.

4. Compel the return of the amount of money or property held or collected from workers plus interest on the amount of money held from workers.

5. Compel the return of illegal profits obtained from performing labor dispatch services.

6. Compel the return of illegal profits obtained from exploiting the name of vocational training or apprenticeship for profit, exploitation of labor, or enticing or forcing trainees or apprentices into unlawful activities.

7. Compel the payment of training costs plus interest on the amount paid to the enterprise providing occupational safety and health training services.

8. Compel educational institutions to return the amount of money gained through fraudulent means to the state budget.

9. Compel the return of compulsory social insurance benefits occupied from workers plus interest on the amount occupied.

10. Compel the conclusion of employment contracts with workers or the conclusion of the correct type of employment contract with workers.

11. Compel the conclusion of written employment contracts with domestic helpers.

12. Compel the extension of employment contracts for non-professional trade union officials.

13. Compel the full payment of wages.

14. Compel the full payment of wages plus interest on late or insufficiently paid wages.

15. Compel the payment of wages to workers during days when they are not allowed to return to work after the temporary suspension of their employment contracts has expired.

16. Compel labor dispatch enterprises to pay the difference in wages to workers.

17. Compel the payment of wages to trainees and apprentices when there is no payment of wages during training or apprenticeship while directly participating in production activities meeting quality standards.

18. Compel the full payment of wages during periods of temporary cessation of work for workers.

19. Compel the payment of wages to workers during temporary closure periods of workplaces.

20. Compel the payment of wages to non-professional trade union officials during their trade union activities.

21. Compel the payment of overtime wages to workers.

22. Compel the completion of confirmation procedures and the return of other documents held from workers.

23. Compel the rehire of workers.

24. Compel the rehire of workers and the full payment of wages corresponding to the days off work.

25. Compel the rehire of workers and the full payment of wages, social insurance, and medical insurance during days when workers are not allowed to work.

26. Compel public apology to workers and the full payment of medical treatment costs and wages during the treatment period if the infringement causes physical injury requiring treatment at healthcare facilities.

27. Compel the full payment of severance pay and unemployment benefits to workers plus interest on unpaid amounts.

28. Compel the full payment of the equivalent amount of social insurance, medical insurance, unemployment insurance contributions, and annual leave pay to workers.

29. Compel the employer to pay the employee the monetary equivalent of the in-kind allowance according to the prescribed rate.

30. Compel the employer to fully reimburse travel expenses for family helpers.

31. Compel the employer to fully pay social insurance and health insurance premiums for family helpers.

32. Compel the employer to fully provide work injury and occupational disease insurance benefits for employees.

33. Compel the employer to pay the employee the amount of subsistence allowance and compensation, plus interest on that amount.

34. Compel the employer to pay the portion of co-payment costs and other costs not covered by health insurance for employees who have suffered work injuries or occupational diseases and are enrolled in health insurance.

35. Compel the employer to cover all medical expenses from initial first aid through stable treatment for employees who have suffered work injuries or occupational diseases and are not enrolled in health insurance.

36. Compel the employer to pay the fee for assessing the degree of reduced working capacity for cases where the degree of reduced working capacity is less than five percent, as determined by the Medical Assessment Board upon referral by the employer.

37. Compel the invalidation of training results provided.

38. Compel the invalidation of inspection results and refund the inspection fees along with interest on those fees.

39. Compel the provision of necessary working conditions for trade union organizations and scheduling time for trade union staff.

40. Compel the correction of false information.

41. Compel the provision of collective rights and benefits for full-time trade union staff on par with other employees within the same organization.

42. The employer must submit to the trade union the amount of trade union dues that were overdue, underpaid, or unpaid, along with interest on the unpaid trade union dues.

43. Compel the return to the social insurance organization of the social insurance and unemployment benefit amounts received.

44. Compel the payment of the full amount into the Overseas Employment Support Fund as stipulated.

45. Compel the submission of the deposit amount as prescribed.

46. Compel vocational education institutions to provide sufficient vocational training time as registered by unemployed workers participating in unemployment insurance.

47. Compel the provision of skill enhancement, language, and necessary knowledge training for employees, or refund the training fees collected from employees (if applicable).

48. Compel the repatriation of employees back to their home country at the request of the receiving country or competent authority of Vietnam.

49. Compel repatriation.

50. Compel the payment of overdue, unpaid, or concealed mandatory social insurance and unemployment insurance contributions.

51. Compel the payment of interest equal to twice the average investment return rate of the social insurance fund of the preceding year based on the amount and duration of overdue, unpaid, or concealed contributions.

Article 5. Amount of fines and authority to impose penalties

1. The amount of fines prescribed for violations stipulated in Chapters II, III, and IV of this Decree applies to individuals, except for the cases specified in Clauses 1 and 2 of Article 6; Clauses 3, 4, and 6 of Article 12; Clause 2 of Article 24; Clause 1 of Article 25; Clauses 1, 5, 6, and 7 of Article 26; Clause 5 of Article 40; Clauses 1, 2, 3, 4, and 5 of Article 41; Clauses 2 and 4 of Article 42; Clauses 1 and 2 of Article 43; Clauses 1, 2, and 3 of Article 44; and Clauses 1, 2, 3, and 4 of Article 45 of this Decree. The fine amount for organizations is twice the fine amount for individuals.

2. The administrative penalty authority stipulated in Chapter V of this Decree applies to individuals. In cases involving fines, the penalty authority for organizations is twice the penalty authority for individuals.

3. Organizations subject to fines twice the amount of fines for individuals as prescribed in this Decree include:

a) State agencies committing violations, except when such actions fall within assigned state management tasks;

b) Enterprises established and operating under Vietnamese law; foreign enterprises' branches and representative offices operating in Vietnam;

c) Cooperatives, cooperative federations;

d) Public service units;

đ) Political-social organizations, political-social-professional organizations; social organizations; social-professional organizations;

e) Diplomatic missions, consular offices of foreign countries, representative offices of international organizations under the United Nations system, regional, and sub-regional organizations;

g) Permanent offices of foreign press, media, broadcasting, and television agencies;

h) International organizations, intergovernmental organizations, government organizations of foreign countries;

i) Non-governmental organizations;

k) Representative offices of non-profit economic, commercial, financial, banking, insurance, scientific, technical, cultural, educational, health, and legal advisory organizations of foreign countries operating in Vietnam;

l) Educational institutions, vocational education institutions, healthcare facilities, cultural and social institutions.

Chapter II

VIOLATIONS IN THE LABOR FIELD, FORMS OF PENALTIES, AND MEASURES TO REMEDY THE CONSEQUENCES OF VIOLATIONS

Article 6. Violation of provisions on employment services

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on enterprises providing employment services for announcing employment service activities not in accordance with the law.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations providing employment services for disseminating false information or causing confusion about job positions.

3. A fine of VND 45,000,000 to VND 60,000,000 shall be imposed on individuals or organizations for engaging in employment service activities without being a legally established employment service center or without having a valid Employment Service Operation License issued by the competent authority or using an expired Employment Service Operation License.

4. Measures to remedy consequences

The violator shall be ordered to return the amount collected from workers for the violation stipulated in Clause 3 of this Article.

Article 7. Violations related to recruitment and management of labor

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

a) Not publicly announcing the results of labor recruitment or announcing later than five working days from the date of recruitment results;

b) Not declaring the use of labor as prescribed to the Department of Labor, Invalids and Social Affairs or the Provincial Department of Labor, Invalids and Social Affairs (for employers located in industrial zones);

c) Not reporting changes in labor status to the Department of Labor, Invalids and Social Affairs or the Provincial Department of Labor, Invalids and Social Affairs (for employers located in industrial zones);

d) Collecting money from workers participating in labor recruitment;

đ) Not establishing a labor management ledger; establishing a labor management ledger not within the prescribed time limit, not ensuring basic contents as prescribed by law; not recording and entering complete information about workers into the labor management ledger when the labor contract becomes effective; not updating information when there is a change in the labor management ledger.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts of discriminating against gender, age, ethnicity, skin color, social class, marital status, belief, religion, HIV infection, disability.

3. Measures to remedy consequences

The violator shall be ordered to return the amount collected from workers for the violation stipulated at point d Clause 1 of this Article.

Article 8. Violations of provisions on the conclusion of labor contracts

1. A fine shall be imposed on employers who commit any of the following acts: Not concluding a written labor contract for work lasting three months or more; not concluding the correct type of labor contract with workers; concluding a labor contract lacking essential contents of the labor contract; concluding a labor contract in the case of hiring a worker as a director in a state-owned enterprise not in accordance with the law, as follows:

a) VND 2,000,000 to VND 5,000,000 for violations involving one to ten workers;

b) VND 5,000,000 to VND 10,000,000 for violations involving eleven to fifty workers;

c) VND 10,000,000 to VND 15,000,000 for violations involving fifty-one to one hundred workers;

d) VND 15,000,000 to VND 20,000,000 for violations involving one hundred and one to three hundred workers;

đ) VND 20,000,000 to VND 25,000,000 for violations involving three hundred and one workers or more.

2. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed on employers who commit any of the following acts:

a) Retaining the original identity cards, certificates, and diplomas of workers when concluding or performing labor contracts;

b) Compelling workers to provide financial or other property guarantees for the performance of labor contracts;

c) Concluding labor contracts with workers aged fifteen to under eighteen years old without the written consent of their legal representatives.

3. Measures to remedy consequences

a) The violator shall be ordered to return the original identity cards, certificates, and diplomas retained from workers for the violation stipulated at point a Clause 2 of this Article;

b) The violator shall be ordered to return the amount of money or property retained from workers plus interest on the amount of money retained from workers calculated at the highest interest rate for non-term deposits published by state commercial banks at the time of punishment for the violation stipulated at point b Clause 2 of this Article;

c) The violator shall be ordered to conclude the correct type of labor contract with workers for the violation of not concluding the correct type of labor contract with workers stipulated in Clause 1 of this Article.

Article 9. Violation of probation period regulations

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

a) Requiring probation for workers under seasonal labor contracts;

b) Not informing the results of work performed during the probation period as prescribed by law.

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

a) Requiring workers to undergo more than one probation period for the same job;

b) Exceeding the prescribed probation period;

c) Paying workers less than 85% of the salary for the job during the probation period;

d) Continuing to employ workers after the probation period without entering into a labor contract with them.

3. Measures to remedy consequences

a) Compelling employers to pay the full salary for the job to workers for violations stipulated in point a, clause 1, points a, b, c, d, clause 2 of this Article;

b) Compelling employers to enter into a labor contract with workers for violations stipulated in point d, clause 2 of this Article.

Article 10. Violation of labor contract implementation regulations

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on employers who temporarily assign workers to perform different jobs from those specified in their labor contracts but fail to notify the workers at least three working days in advance or fail to clearly inform the temporary duration or arrange work unsuitable to the health or gender of the workers.

2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed on employers who commit any of the following acts:

a) Assigning workers to work at locations other than those agreed upon in the labor contract, except as provided for in Article 31 of the Labor Code;

b) Failing to accept workers back to work after the suspension period of the labor contract has expired, except where the employer and worker have agreed otherwise;

c) Transferring workers to perform different jobs from those specified in the labor contract without valid reasons, within the prescribed time limit, or without the worker's written consent as prescribed by law.

3. A fine of VND 50,000,000 to VND 75,000,000 shall be imposed on employers who force workers to work or mistreat workers without reaching the level of criminal prosecution.

4. Measures to remedy consequences

Compelling employers to pay wages to workers for the days they were not accepted back to work after the suspension period of the labor contract has expired for violations stipulated in point b, clause 2 of this Article.

Article 11. Violation of labor contract amendment, supplementation, and termination regulations

1. A fine shall be imposed on employers who commit any of the following acts: Amending the term of the labor contract more than once through an annex to the labor contract or amending the term of the labor contract through an annex to the labor contract which changes the type of labor contract already concluded, except in cases of extending the term of the labor contract for older workers and non-professional trade union staff as stipulated in clause 6 of Article 192 of the Labor Code; failing to comply with the prescribed deadlines for paying benefits to workers when terminating the labor contract; failing to pay or paying insufficient severance pay or unemployment assistance to workers as prescribed by law; failing to pay or paying insufficient compensation to workers when unilaterally terminating the labor contract contrary to the law; failing to complete the confirmation procedures and return other documents held from workers after terminating the labor contract as prescribed by law, at the following levels:

a) VND 1,000,000 to VND 2,000,000 for violations involving one to ten workers;

b) VND 2,000,000 to VND 5,000,000 for violations involving eleven to fifty workers;

c) VND 5,000,000 to VND 10,000,000 for violations involving fifty-one to one hundred workers;

d) VND 10,000,000 to VND 15,000,000 for violations involving one hundred and one to three hundred workers;

đ) VND 15,000,000 to VND 20,000,000 for violations involving three hundred and one or more workers.

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

a) Terminating employment for two or more workers without consulting the representative organization of the workforce at the workplace or failing to notify in writing thirty days in advance the provincial labor management agency in cases of structural change, technological change, or economic reasons;

b) Failing to prepare a labor utilization plan as prescribed by law.

3. Measures to remedy consequences

a) Compelling employers to pay full severance pay and unemployment assistance to workers plus interest on the unpaid amount calculated at the highest interest rate for non-fixed-term deposits published by state commercial banks at the time of punishment for failing to pay or paying insufficient severance pay and unemployment assistance to workers as stipulated in clause 1 of this Article;

b) Compelling employers to complete the confirmation procedures and return other documents held from workers for failing to complete the confirmation procedures and return other documents held from workers after terminating the labor contract as stipulated in clause 1 of this Article.

Article 12. Violation of provisions on labor leasing

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the labor leasing entity that commits one of the following acts:

a) Failing to notify and guide the leased workers about the labor regulations and other rules of the enterprise;

b) Discriminating against the working conditions of leased workers compared to those of the enterprise's workers.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on the labor leasing entity that commits one of the following acts:

a) Leasing workers for jobs not included in the list of jobs allowed for labor leasing;

b) Signing a labor leasing contract with a labor leasing entity that does not have a Business License for Labor Leasing Services;

c) Leasing workers when there is a labor dispute, strike, or leasing workers to replace workers who are exercising their right to strike or resolving labor disputes at the labor leasing entity;

d) Leasing workers to replace workers who have been terminated due to changes in organizational structure, technology, or mergers, consolidations, divisions, or spin-offs of enterprises or for economic reasons.

3. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the labor leasing enterprise that commits one of the following acts:

a) Failing to establish a file clearly stating the number of workers leased out, the leasing entity, and the leasing fee;

b) Failing to report the situation of labor leasing as prescribed by law;

c) Failing to publicly display the original business license at its main office and certified copies at its branches and representative offices (if any);

d) Failing to promptly report incidents related to labor leasing activities to the competent state authorities at the local level or upon request of the state management agency on labor.

4. A fine shall be imposed on the labor leasing enterprise that commits one of the following acts: paying wages to leased workers lower than the wages of workers with the same qualifications performing the same job or work of equal value at the leasing entity; failing to notify or providing false information to workers about the contents of the labor leasing contract; conducting labor leasing without the consent of the worker according to the following levels:

a) From VND 10,000,000 to VND 20,000,000 for violations involving from one to ten workers;

b) From VND 20,000,000 to VND 40,000,000 for violations involving from eleven to fifty workers;

c) From VND 40,000,000 to VND 60,000,000 for violations involving from fifty-one to one hundred workers;

d) From VND 60,000,000 to VND 80,000,000 for violations involving from one hundred and one to three hundred workers;

đ) From VND 80,000,000 to VND 100,000,000 for violations involving three hundred and one workers or more.

5. A fine of VND 50,000,000 to VND 75,000,000 shall be imposed on one of the following acts:

a) Conducting labor leasing without a business license for labor leasing;

b) Transferring leased workers to another employer;

c) Using a business license for labor leasing that has expired to conduct labor leasing activities.

6. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on the labor leasing enterprise that commits one of the following acts:

a) Allowing another enterprise, organization, or individual to use the Business License for Labor Leasing Services to conduct labor leasing activities;

b) Leasing workers to perform jobs not included in the list of jobs allowed for labor leasing;

c) Leasing workers for more than twelve months;

d) Leasing workers when there is a labor dispute, strike, or leasing workers to replace workers who are exercising their right to strike or resolving labor disputes at the labor leasing enterprise;

đ) Modifying the content of the Business License for Labor Leasing Services issued without reaching the level of criminal liability.

7. Additional forms of punishment

a) Suspension of the right to use the Business License for Labor Leasing Services for a period of one to three months for violations stipulated in points c, d, đ of Clause 4 of this Article;

b) Suspension of the right to use the Business License for Labor Leasing Services for a period of six to twelve months for violations stipulated in points a, b, c, d of Clause 6 of this Article;

c) Confiscation of the Business License for Labor Leasing Services issued for violations stipulated in point đ of Clause 6 of this Article.

8. Measures to remedy consequences

a) Compelling the labor leasing enterprise to pay the difference in wages to the workers for violations stipulated in Clause 4 of this Article;

b) Compelling the return of illegal profits obtained from conducting labor leasing activities to the state budget for violations stipulated in Clause 5 of this Article.

Article 13. Violations concerning vocational training, skill enhancement, and improving occupational skills

1. A fine shall be imposed on employers who commit any of the following acts: failing to provide vocational training to workers before transferring them to another occupation or job; not entering into a vocational training contract with trainees or apprentices; not paying wages to trainees during their training period while they directly participate in labor activities that produce compliant products; not entering into a labor contract with trainees or apprentices upon completion of their training period, according to one of the following levels:

a) From VND 500,000 to VND 2,000,000 for violations involving from one to ten workers;

b) VND 2,000,000 to VND 5,000,000 for violations involving eleven to fifty workers;

c) VND 5,000,000 to VND 10,000,000 for violations involving fifty-one to one hundred workers;

d) VND 10,000,000 to VND 15,000,000 for violations involving one hundred and one to three hundred workers;

đ) VND 15,000,000 to VND 20,000,000 for violations involving three hundred and one or more workers.

2. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed on employers who commit any of the following acts:

a) Exploiting the name of vocational training or apprenticeship for personal gain, exploiting labor, or enticing or compelling trainees or apprentices to engage in illegal activities;

b) Enrolling individuals under the age of fourteen in vocational training or apprenticeship, except for occupations or jobs permitted by law;

3. Measures to remedy consequences

a) Compelling payment of wages to trainees or apprentices when there is an act of failing to pay wages to trainees during their training period while they directly participate in labor activities that produce compliant products as stipulated in Clause 1 of this Article;

b) Compelling the return of unlawful profits obtained from acts of exploiting the name of vocational training or apprenticeship for personal gain, exploiting labor, or enticing or compelling trainees or apprentices to engage in illegal activities as provided for in point a of Clause 2 of this Article;

Article 14. Violations concerning dialogue at the workplace

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

a) Failing to implement democratic regulations at the grassroots level as prescribed by law;

b) Failing to allocate a location and ensure other material conditions for dialogue at the workplace;

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on employers who fail to conduct dialogue when requested by representatives of the workforce;

Article 15. Violations concerning collective bargaining and collective labor agreements

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

a) Failing to submit collective labor agreements to state management agencies as prescribed;

b) Failing to cover costs for collective bargaining, signing, amending, supplementing, submitting, and publicizing collective labor agreements;

c) Failing to publicize the contents of signed collective labor agreements for workers to know;

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

a) Failing to provide information about production and business operations when requested by the workforce to conduct collective bargaining;

b) Failing to conduct collective bargaining to sign or amend collective labor agreements when receiving requests for such from the requesting party;

3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on employers who implement the contents of collective labor agreements that have been declared void;

Article 16. Violations concerning wages

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

a) Failing to publicly display wage scales, salary tables, labor norms, and reward regulations at the workplace;

b) Failing to maintain payroll records and present them when required by competent authorities;

c) When changing wage forms, employers do not notify workers at least ten days prior to implementation;

d) Failing to establish wage scales, salary tables, and labor norms;

đ) Using wage scales, salary tables, and labor norms incorrectly after receiving amendments or supplements from provincial-level state labor management agencies;

e) Failing to consult with representative organizations of the workforce at the grassroots level when establishing wage scales, salary tables, labor norms, and reward regulations;

2. A fine shall be imposed on employers who commit any of the following acts: paying wages late; failing to pay or paying insufficient wages to workers as agreed in the labor contract; failing to pay or paying insufficient wages to workers engaged in arduous, hazardous, or dangerous work, particularly arduous, hazardous, or dangerous work, or work requiring vocational training as prescribed by law; paying wages below the prescribed rates in the wage scales and salary tables submitted to provincial-level state labor management agencies; failing to pay or paying insufficient overtime wages, night shift wages, or wages for stoppages as prescribed by law; deducting wages from workers contrary to legal provisions; paying wages incorrectly to workers temporarily transferred to different jobs than those specified in the labor contract, during temporary suspension of work, during strikes, or for unused annual leave according to one of the following levels:

a) From VND 5,000,000 to VND 10,000,000 for violations involving from one to ten workers;

b) From VND 10,000,000 to VND 20,000,000 for violations involving from eleven to fifty workers;

c) From VND 20,000,000 to VND 30,000,000 for violations involving from fifty-one to one hundred workers;

d) From VND 30,000,000 to VND 40,000,000 for violations involving from one hundred and one to three hundred workers;

đ) From VND 40,000,000 to VND 50,000,000 for violations involving more than three hundred workers;

3. A fine shall be imposed on employers who pay workers wages lower than the minimum regional wage set by the Government according to the following levels:

a) From VND 20,000,000 to VND 30,000,000 for violations involving from one to ten workers;

b) From VND 30,000,000 to VND 50,000,000 for violations involving from eleven to fifty workers;

c) From VND 50,000,000 to VND 75,000,000 for violations involving more than fifty-one workers;

4. A fine shall be imposed on employers who fail to pay an additional amount corresponding to the mandatory social insurance contributions, health insurance contributions, unemployment insurance contributions, and annual leave pay for workers not covered by mandatory social insurance, health insurance, or unemployment insurance according to the following levels:

a) From VND 3,000,000 to VND 5,000,000 for violations involving from one to ten workers;

b) From VND 5,000,000 to VND 8,000,000 for violations involving from 11 to 50 workers;

c) From VND 8,000,000 to VND 12,000,000 for violations involving from 51 to 100 workers;

d) From VND 12,000,000 to VND 15,000,000 for violations involving from 101 to 300 workers;

đ) VND 15,000,000 to VND 20,000,000 for violations involving three hundred and one or more workers.

5. Measures to remedy consequences

a) Order to pay the full amount of wages due, plus interest on the overdue wages at the highest interest rate for non-term deposits published by state commercial banks at the time of punishment, as stipulated in Clause 2 and Clause 3 of this Article;

b) Order to pay the corresponding amount for social insurance contributions, mandatory health insurance contributions, unemployment insurance contributions, and annual leave pay for workers as stipulated in Clause 4 of this Article;

Article 17. Violations concerning working hours and rest periods

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

a) Failure to ensure workers' rest during working hours, shift change breaks, personal affairs breaks, and unpaid leave as prescribed;

b) Failure to reduce working hours for workers in their last year before retirement as prescribed;

c) Failure to notify in writing the specialized agency assisting the provincial People's Committee in labor administration about organizing overtime work exceeding 200 hours but not more than 300 hours in a year;

2. Fine from VND 10,000,000 to VND 20,000,000 for employers who violate the provisions of the law regarding weekly rest days or annual leave or public holidays;

3. Fine from VND 20,000,000 to VND 25,000,000 for employers who commit any of the following acts:

a) Implementing regular working hours exceeding the number of working hours prescribed by law;

b) Mobilizing workers to work overtime without their consent, except in cases provided for in Article 107 of the Labor Code;

4. Fine employers when they mobilize workers to work overtime beyond the number of hours prescribed in Point b Clause 2 of Article 106 of the Labor Code or more than 12 hours in one day when working overtime on public holidays and weekly rest days, according to one of the following levels:

a) From VND 5,000,000 to VND 10,000,000 for violations involving from one to ten workers;

b) From VND 10,000,000 to VND 20,000,000 for violations involving from eleven to fifty workers;

c) From VND 20,000,000 to VND 40,000,000 for violations involving from 51 to 100 workers;

d) From VND 40,000,000 to VND 60,000,000 for violations involving from 101 to 300 workers;

đ) From VND 60,000,000 to VND 75,000,000 for violations involving 301 workers or more;

Article 18. Violations concerning labor discipline and material responsibility

1. Fine from VND 500,000 to VND 1,000,000 for employers who fail to publicly announce or post the main contents of the labor regulations in necessary places at the workplace;

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

a) Not having labor regulations in writing when employing ten or more workers;

b) Failing to register labor regulations with the provincial labor administration agency;

c) Using labor regulations that have not taken effect or have expired;

d) Handling labor discipline, compensating damages not in accordance with the procedures, formalities, and time limits prescribed by law;

đ) Temporarily suspending work for workers not in accordance with the provisions of the law;

3. Fine from VND 10,000,000 to VND 15,000,000 for employers who commit any of the following acts:

a) Violating the physical body or dignity of workers when handling labor discipline without reaching the level of criminal prosecution;

b) Using fines or wage cuts instead of handling labor discipline;

c) Handling labor discipline for workers whose violations are not specified in the labor regulations;

d) Applying multiple forms of labor discipline for one act of violating labor discipline;

4. Measures to remedy consequences

a) Order to return the amount collected or pay the full amount of wages due to workers for violations as stipulated in Point b Clause 3 of this Article;

b) Order to rehire workers and pay the full amount of wages due to workers corresponding to the days off work for violations as stipulated in Point d Clause 2, Point c Clause 3 of this Article;

c) Order to pay the full amount of wages for the days of temporarily suspended work for workers not in accordance with the provisions of the law for violations as stipulated in Point đ Clause 2 of this Article;

d) Order to publicly apologize to workers and pay all medical treatment costs and wages for workers during the treatment period if the violation causes bodily injury requiring treatment at healthcare facilities as stipulated in Point a Clause 3 of this Article.

Article 19. Violations concerning reporting on occupational safety and health work

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on workers who fail to promptly report to responsible persons when they discover potential technical accidents that may cause occupational safety and health hazards, workplace accidents, or occupational diseases.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on employers who fail to report or report inaccurately, incompletely, or not within the prescribed time limit regarding occupational safety and health work as stipulated by law.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on employers who fail to regularly compile and report on workplace accidents, serious technical incidents causing occupational safety and health hazards, or occupational diseases as prescribed by law.

Article 20. Violations concerning measures to ensure occupational safety and health

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on employers who fail to establish health environment files for harmful factors and occupational disease prevention as prescribed by law.

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

a) Failure to develop, issue, and implement plans, internal regulations, and rules ensuring occupational safety and health at workplaces or failure to seek opinions from the grassroots trade union committee when developing such plans.

b) Failure to allocate departments or personnel for occupational safety and health, medical services, or allocation of personnel for occupational safety and health, medical services but those individuals do not meet the required conditions as stipulated by law.

c) Failure to allocate sufficient first aid and emergency response forces at workplaces as prescribed.

d) Failure to organize training for first aid and emergency response forces at workplaces as prescribed.

đ) Failure to classify labor based on heavy, hazardous, dangerous, and particularly heavy, hazardous, dangerous jobs to implement prescribed benefits.

3. Fine from VND 20,000,000 to VND 25,000,000 for employers who commit any of the following acts:

a) Failure to periodically inspect and maintain machines, equipment, factories, warehouses as prescribed.

b) Failure to provide safety and health equipment at workplaces as prescribed.

c) Failure to develop and issue emergency response plans at workplaces.

d) Failure to prepare plans for measures to ensure occupational safety and health for workplaces of workers when constructing, expanding, or renovating facilities and premises for the production, use, storage, and retention of machinery, equipment, materials, and substances with strict requirements for occupational safety and health.

đ) Failure to investigate workplace accidents under their responsibility as prescribed by law; failure to report or false reporting about workplace accidents, serious technical incidents causing occupational safety and health hazards.

e) Failure to ensure sufficient shower rooms and sanitary facilities at workplaces as prescribed by law.

g) Failure to provide technical and medical means to ensure timely rescue and first aid when serious technical incidents causing occupational safety and health hazards, or workplace accidents occur.

Article 21. Violations concerning prevention of workplace accidents and occupational diseases

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on workers who commit any of the following acts:

a) Failure to use personal protective equipment provided.

b) Failure to participate in emergency response and accident resolution when instructed by employers or competent state authorities.

2. A fine of VND 1,000,000 to VND 3,000,000 per worker, but not exceeding VND 75,000,000 in total, shall be imposed on employers who fail to organize regular health check-ups and occupational disease examinations for workers, except where the employer has organized such check-ups but the workers do not wish to undergo them.

3. A fine of VND 5,000,000 to VND 10,000,000 per worker, but not exceeding VND 75,000,000 in total, shall be imposed on employers who fail to organize health check-ups for workers before transferring them to heavier, more hazardous, or more dangerous jobs or after they have recovered from workplace accidents or occupational diseases and return to work, except where a Medical Assessment Board has conducted an assessment of the degree of reduced working capacity.

4. A fine of VND 10,000,000 to VND 15,000,000 per worker, but not exceeding VND 75,000,000 in total, shall be imposed on employers who commit any of the following acts:

a) Failure to treat, rehabilitate, or restore functions for workers suffering from occupational diseases or workplace accidents.

b) Failure to assign suitable work for workers suffering from occupational diseases or workplace accidents according to the conclusion of the Medical Assessment Board.

5. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on employers who commit any of the following acts:

a) Failure to inform workers about the situation of workplace accidents, occupational diseases, hazardous factors, and measures to ensure occupational safety and health at workplaces.

b) Failure to identify and assess hazardous factors at workplaces.

6. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on employers who fail to develop, implement, and evaluate risk assessments for occupational safety and health for production and business establishments with high risks of workplace accidents and occupational diseases.

7. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed on employers who commit any of the following acts:

a) Failure to immediately take corrective measures or cease operations of machines, equipment, or workplaces posing risks of workplace accidents or occupational diseases.

b) Failure to implement detoxification and disinfection measures for workers operating in areas with toxic or infectious factors.

c) Failure to organize handling of incidents and emergency responses when discovering risks or when workplace accidents or serious technical incidents causing occupational safety and health hazards occur beyond the control of the employer.

8. A fine shall be imposed on employers who commit any of the following acts: failing to provide or providing insufficient personal protective equipment, or providing such equipment that does not meet quality standards, specifications, or certification requirements for work involving hazardous or toxic factors; failing to implement a system of material compensation or providing material compensation at levels lower than those prescribed; paying money instead of providing material compensation to workers engaged in work with hazardous or harmful factors, according to the following levels:

a) From VND 3,000,000 to VND 6,000,000 for violations affecting from one to ten workers;

b) From VND 6,000,000 to VND 10,000,000 for violations affecting from eleven to fifty workers;

c) VND 10,000,000 to VND 15,000,000 for violations involving fifty-one to one hundred workers;

d) VND 15,000,000 to VND 20,000,000 for violations involving one hundred and one to three hundred workers;

d) From VND 20,000,000 to VND 30,000,000 for violations affecting three hundred and one or more workers.

9. A fine of from VND 25,000,000 to VND 40,000,000 shall be imposed on employers who violate national technical regulations on occupational safety and health (excluding violations stipulated in Clause 7 of this Article and Clause 1 of Article 23 of this Decree).

10. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on employers who compel workers to work or prevent them from leaving their workplace when there is a serious risk of a work-related accident threatening their health or lives, or who compel workers to continue working while such risks have not been eliminated.

11. MEASURES TO REMEDY CONSEQUENCES

The employer shall be ordered to pay the worker the monetary equivalent of the material compensation due according to the prescribed level for failure to implement a system of material compensation or for providing material compensation at levels lower than those prescribed for workers engaged in work with hazardous or toxic factors as stipulated in Clause 8 of this Article.

Article 22. Violations concerning the responsibilities of employers regarding work-related accidents and occupational diseases

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for each worker affected, but not exceeding VND 75,000,000 in total, on employers who commit any of the following acts:

a) Failing to promptly provide first aid or emergency medical care to workers suffering from work-related accidents or occupational diseases;

b) Failing to cover co-payment costs and other expenses not covered by health insurance for workers suffering from work-related accidents or occupational diseases who participate in health insurance;

c) Failing to advance payment for first aid and emergency medical care and to cover all medical expenses from first aid and emergency medical care until stable treatment for workers suffering from work-related accidents or occupational diseases who do not participate in health insurance;

d) Failing to pay for medical examination fees for disability assessment for cases where the degree of disability is less than five percent, as determined by the Medical Examination Board, when the employer refers the worker for such an assessment;

đ) Failing to implement or improperly implementing the system of allowances and compensation for workers suffering from work-related accidents or occupational diseases as prescribed.

2. A fine shall be imposed on employers who commit any of the following acts: discriminating against workers because they refuse to perform work or leave their workplace when there is a clear risk of a work-related accident seriously threatening their health or lives; discriminating against workers because they performed tasks or duties to ensure occupational safety and health at the workplace, as stipulated in the following levels:

a) From VND 5,000,000 to VND 10,000,000 for violations involving from one to ten workers;

b) From VND 10,000,000 to VND 20,000,000 for violations involving from eleven to fifty workers;

c) From VND 20,000,000 to VND 30,000,000 for violations involving from fifty-one to one hundred workers;

d) From VND 30,000,000 to VND 40,000,000 for violations involving from one hundred and one to three hundred workers;

đ) From VND 40,000,000 to VND 50,000,000 for violations involving more than three hundred workers;

3. Measures to remedy consequences

a) The employer shall be ordered to cover co-payment costs and other expenses not covered by health insurance for workers suffering from work-related accidents or occupational diseases who participate in health insurance, for violations as stipulated in point b of Clause 1 of this Article;

b) The employer shall be ordered to cover all medical expenses from first aid and emergency medical care until stable treatment for workers suffering from work-related accidents or occupational diseases who do not participate in health insurance, for violations as stipulated in point c of Clause 1 of this Article;

c) The employer shall be ordered to pay for medical examination fees for disability assessment for cases where the degree of disability is less than five percent, as determined by the Medical Examination Board, for violations as stipulated in point d of Clause 1 of this Article;

d) The employer shall be ordered to pay the worker the amount of allowance and compensation, plus interest on that amount calculated at the highest interest rate for non-term deposits published by state commercial banks at the time of punishment, for violations as stipulated in point đ of Clause 1 of this Article.

Article 23. Violation of regulations on the use of machinery and equipment with strict requirements for labor safety and hygiene

The fine shall be imposed on organizations and individuals violating the regulations on the use of machinery, equipment, materials with strict requirements for labor safety as follows:

1. From VND 1,000,000 to VND 2,000,000 for the act of not declaring to the Department of Labor, Invalids and Social Affairs at the local level within thirty days before or after putting into use machinery, equipment, materials, substances with strict requirements for labor safety.

2. From VND 5,000,000 to VND 10,000,000 for the act of not retaining complete technical files of machinery, equipment, materials with strict requirements for labor safety.

3. From VND 15,000,000 to VND 20,000,000 for the act of violating national technical standards on labor safety and hygiene in using machinery, equipment, materials with strict requirements for labor safety; using machinery, equipment, materials with strict requirements for labor safety that have not been certified as compliant with corresponding national technical standards; using machinery, equipment, materials with strict requirements for labor safety and hygiene without clear origin or expiration date.

4. From two to three times the total cost of inspecting machinery, equipment, materials in violation (calculated according to the minimum price set by the competent authority) but not less than VND 20,000,000 and not more than VND 75,000,000 for the act of not inspecting before putting into use or not inspecting periodically during the use of machinery, equipment, materials with strict requirements for labor safety.

5. From VND 50,000,000 to VND 75,000,000 for continuing to use machinery, equipment, materials with strict requirements for labor safety which have been inspected but the inspection results do not meet the requirements.

Article 24. Violation of regulations on occupational safety and health training activities

1. The fine shall be imposed on employers who fail to organize occupational safety and health training for workers in accordance with the law or agree with training organizations that provide training results without conducting training, as follows:

a) From VND 5,000,000 to VND 10,000,000 for violations involving from one to ten persons;

b) From VND 10,000,000 to VND 20,000,000 for violations involving from eleven to fifty persons;

c) From VND 20,000,000 to VND 30,000,000 for violations involving from fifty-one to one hundred persons;

d) From VND 30,000,000 to VND 40,000,000 for violations involving from one hundred and one to three hundred persons;

đ) From VND 40,000,000 to VND 50,000,000 for violations involving three hundred and one or more persons.

2. The fine shall be imposed on training organizations that violate the regulations on occupational safety and health training activities as follows:

a) From VND 1,000,000 to VND 3,000,000 for the act of not reporting training activities in accordance with the law; not notifying the competent authority when organizing training for personnel engaged in occupational safety and health work (group 2), personnel with strict requirements (group 3), personnel engaged in occupational safety and health training as stipulated by the law;

b) From VND 10,000,000 to VND 20,000,000 for one of the following acts: Compulsory training according to the framework program prescribed by law but not sufficient content; using trainers who do not meet the standards for trainers; failing to ensure material conditions for training as required; not having training materials for the target groups;

c) From VND 30,000,000 to VND 50,000,000 for one of the following acts: Providing training results without conducting training; providing training results that do not match the training content;

d) From VND 50,000,000 to VND 70,000,000 when organizing training without a Certificate of Eligibility for Training Activities or being suspended from training activities, having the Certificate of Eligibility for Training Activities revoked, or the Certificate of Eligibility for Training Activities has expired or conducting training outside the scope specified in the Certificate of Eligibility for Training Activities; modifying the content of the Certificate of Eligibility for Training Activities but not reaching the level of criminal responsibility.

3. The fine shall be imposed on employers who organize their own occupational safety and health training activities in violation of the regulations on occupational safety and health training activities as follows:

a) From VND 1,000,000 to VND 3,000,000 for the act of not reporting training activities in accordance with the law; not notifying the competent authority when organizing training for personnel engaged in occupational safety and health work (group 2), personnel with strict requirements (group 3), personnel engaged in occupational safety and health training as stipulated by the law;

b) From VND 10,000,000 to VND 20,000,000 for one of the following acts: Compulsory training according to the framework program prescribed by law but not sufficient content; using trainers who do not meet the standards for trainers; failing to ensure material conditions for training as required; not having training materials for the target groups;

c) From VND 15,000,000 to VND 25,000,000 for one of the following acts: Providing training results without conducting training; providing training results that do not match the training content;

d) From VND 25,000,000 to VND 35,000,000 for the act of conducting training that requires a Certificate of Eligibility for Training Activities but not having such a certificate, being suspended from training activities, having the Certificate of Eligibility for Training Activities revoked, or the Certificate of Eligibility for Training Activities having expired; conducting training outside the scope specified in the Certificate of Eligibility for Training Activities or outside the scope already announced as eligible for training; modifying the content of the Certificate of Eligibility for Training Activities but not reaching the level of criminal responsibility.

4. Additional forms of punishment

a) Suspend training activities for one to three months for training organizations that violate the provisions at point c, d clause 2 of this Article and for employers who organize their own occupational safety and health training activities and violate the provisions at point c, d clause 3 of this Article.

b) Confiscate the Certificate of Eligibility for Safety and Labor Hygiene Training Activities in the case of modifying the content of the Certificate of Eligibility for Safety and Labor Hygiene Training Activities as stipulated in point d, clause 2, and point d, clause 3 of this Article.

5. Measures to remedy consequences

a) Compel the production and business establishment that hires safety and labor hygiene training services to refund the training costs plus interest on the amount of money at the highest interest rate for non-term deposits published by state commercial banks at the time of punishment for violations as stipulated in points b, c, d, clause 2 of this Article;

b) Compel the cancellation of the training results provided for violations as stipulated in points b, c, d, clause 2, and points b, c, d, clause 3 of this Article.

Article 25. Violations of regulations on technical safety and health inspection activities

1. Imposing fines on organizations conducting technical safety and health inspections with violations of regulations on technical safety and health inspection activities as follows:

a) From VND 1,000,000 to VND 3,000,000 for failing to report technical safety and health inspection activities as required;

b) From VND 3,000,000 to VND 5,000,000 for one of the following acts: not notifying the competent authority issuing the Certificate of Eligibility for Technical Safety and Health Inspection Activities of changes in the headquarters or branch address;

c) From VND 40,000,000 to VND 50,000,000 for one of the following acts: providing technical safety and health inspection services outside the scope specified in the Certificate of Eligibility for Technical Safety and Health Inspection Activities; not complying with the inspection procedures; using inspectors whose qualifications have been revoked, recovered, or expired; using individuals without inspector qualifications; using inspectors without a signed employment or work contract; failing to maintain the conditions for inspection activities as specified in the Certificate of Eligibility for Technical Safety and Health Inspection Activities; failing to ensure independence and objectivity in providing inspection services;

d) From VND 80,000,000 to VND 100,000,000 for one of the following acts: providing false inspection results; providing inspection results without conducting inspections;

đ) From VND 130,000,000 to VND 150,000,000 for one of the following acts: conducting inspections when the Certificate of Eligibility for Technical Safety and Health Inspection Activities has expired or is suspended or revoked; modifying the content of the Certificate of Eligibility for Technical Safety and Health Inspection Activities already issued but not yet reaching the level of criminal responsibility;

2. Imposing fines from VND 10,000,000 to VND 20,000,000 on inspectors who commit one of the following acts:

a) Not complying with the inspection procedures established by the competent authority;

b) Conducting inspections for organizations that have not obtained a Certificate of Eligibility for Technical Safety and Health Inspection Activities.

3. Imposing fines from VND 20,000,000 to VND 30,000,000 on inspectors who conduct inspections when their qualification certificates have expired, exceed the scope specified in the certificate, or have been revoked.

4. Imposing fines from VND 20,000,000 to VND 30,000,000 on individuals conducting inspections without a qualification certificate.

5. Imposing fines from VND 50,000,000 to VND 75,000,000 for conducting inspections without a Certificate of Eligibility for Technical Safety and Health Inspection Activities.

6. Imposing fines from VND 50,000,000 to VND 75,000,000 on inspectors who modify the content of their qualification certificates already issued but not yet reaching the level of criminal responsibility.

7. Additional forms of punishment

a) Suspend technical safety and health inspection activities for one to three months for organizations conducting technical safety and health inspections violating point d, clause 1 of this Article;

b) Confiscate the Certificate of Eligibility for Technical Safety and Health Inspection Activities in the case of modifying the content of the Certificate of Eligibility for Technical Safety and Health Inspection Activities already issued as stipulated in point đ, clause 1 of this Article;

c) Confiscate the Qualification Certificate for Inspectors for violations as stipulated in clause 6 of this Article;

d) Revoke the right to use the Qualification Certificate for Inspectors for one to three months for inspectors who conduct inspections outside the scope specified in their qualification certificates as stipulated in clause 3 of this Article.

8. Measures to remedy consequences

Compel the cancellation of inspection results and refund the inspection costs plus interest on the amount of money at the highest interest rate for non-term deposits published by state commercial banks at the time of punishment for violations as stipulated in points c, d, đ, clause 1 of this Article, except for the act of modifying the content of the Certificate of Eligibility for Technical Safety and Health Inspection Activities already issued but not yet reaching the level of criminal responsibility.

Article 26. Violation of regulations on labor environment monitoring

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on organizations conducting labor environment monitoring for any of the following acts: failing to submit annual activity reports to competent state management agencies as prescribed; failing to notify competent state management agencies of changes in office addresses or branch locations; failing to participate in training courses to update knowledge on policies, laws, science, and technology related to labor environment monitoring as prescribed.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on employers who fail to publicly announce the results of labor environment monitoring and inspection, evaluation, and management of hazardous factors at workplaces immediately upon receipt of such results.

3. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on employers who fail to conduct labor environment monitoring to control health impacts on workers as prescribed by law.

4. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on employers who collude with labor environment monitoring organizations to fraudulently manipulate labor environment monitoring activities without reaching the level of criminal prosecution.

5. A fine of VND 50,000,000 to VND 75,000,000 shall be imposed on enterprises or organizations providing labor environment monitoring services that have not been officially announced as meeting the conditions for labor environment monitoring activities as prescribed by law.

6. A fine of VND 80,000,000 to VND 120,000,000 shall be imposed on labor environment monitoring organizations for any of the following acts: colluding with employers to fraudulently manipulate labor environment monitoring activities without reaching the level of criminal prosecution; conducting labor environment monitoring not in accordance with prescribed procedures.

7. A fine of VND 120,000,000 to VND 140,000,000 shall be imposed on labor environment monitoring organizations for providing monitoring results without conducting monitoring as prescribed.

8. Additional forms of punishment

Suspension of labor environment monitoring activities of labor environment monitoring organizations for three to six months when violating provisions stipulated in Clauses 5, 6, and 7 of this Article.

Article 27. Violation of regulations on female workers

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

a) Not consulting female workers or their representatives when making decisions concerning issues related to the rights and interests of female workers;

b) Not allowing female workers to rest for 30 minutes each day during menstruation.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on employers for any of the following acts:

a) Using female workers for overtime work, night shifts, or distant travel assignments under any of the following circumstances: being pregnant from the seventh month or from the sixth month if working in highlands, remote areas, border regions, or islands; nursing children under 12 months old;

b) Failing to transfer jobs or reduce working hours for female workers carrying heavy loads from the seventh month of pregnancy as prescribed in Clause 2 of Article 155 of the Labor Code;

c) Not allowing female workers nursing children under 12 months old to rest for 60 minutes each day;

d) Failing to ensure the previous job position for female workers returning to work after maternity leave as prescribed in Clause 1 and Clause 3 of Article 157 of the Labor Code, except where the previous job position no longer exists;

đ) Disciplining female workers during pregnancy, maternity leave, or nursing children under 12 months old as prescribed by law on social insurance;

e) Dismissing or unilaterally terminating employment contracts with female workers due to marriage, pregnancy, maternity leave, or nursing children under 12 months old, except where the employer is an individual who has died, been declared incapacitated by a court, missing, or deceased, or where the employer is not an individual and has ceased operations without reaching the level of criminal prosecution;

g) Assigning female workers to jobs prohibited for female workers as prescribed in Article 160 of the Labor Code.

3. Measures to remedy consequences

a) Compelling payment of overtime wages to workers for violations stipulated in Point b Clause 1 and Point c Clause 2 of this Article;

b) Compelling rehire of workers for violations stipulated in Point e Clause 2 of this Article.

Article 28. Violation of regulations on employment of minors

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on employers who fail to maintain a separate record or maintain such a record but do not fully record the contents as prescribed in Clause 2, Article 162 of the Labor Code when employing minors, or who fail to produce the record upon request by a competent state agency.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on employers who commit any of the following acts:

a) Employing persons aged 13 or older but under 15 without entering into a written labor contract with their legal representative or without obtaining the consent of the person aged 13 or older but under 15;

b) Employing minors for work beyond the working hours prescribed in Clause 2, Article 163 of the Labor Code;

c) Employing persons aged 15 or older but under 18 for overtime work or night work, except for certain occupations and jobs permitted by law.

3. A fine of VND 50,000,000 to VND 75,000,000 shall be imposed on employers who commit any of the following acts:

a) Employing minors for heavy, hazardous, or dangerous work or in places of work that adversely affect their personality as listed by the Ministry of Labor, Invalids and Social Affairs in coordination with the Ministry of Health, or employing minors in prohibited work or places of work as stipulated in Article 165 of the Labor Code, without reaching the level of criminal liability;

b) Employing persons aged 13 or older but under 15 in work outside the list of permitted work as prescribed in Clause 1, Article 164 of the Labor Code;

c) Employing persons under 13 years old in work outside the list of permitted work as prescribed in Clause 3, Article 164 of the Labor Code.

Article 29. Violation of regulations on domestic workers

1. A warning shall be issued to employers who commit any of the following acts:

a) Not entering into a written labor contract with domestic workers;

b) Not paying travel expenses for domestic workers to return to their place of residence when they terminate their employment, except in cases where the domestic worker terminates the labor contract before the agreed term.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on employers who commit any of the following acts:

a) Retaining the original identity documents of domestic workers;

b) Not providing domestic workers with the amount of social insurance and health insurance as prescribed by law for them to arrange their own insurance.

3. Measures to remedy consequences

a) Compel employers to enter into a written labor contract with domestic workers when violating point a, Clause 1 of this Article;

b) Compel employers to pay full travel expenses for domestic workers when violating point b, Clause 1 of this Article;

c) Compel employers to return the original identity documents to domestic workers when violating point a, Clause 2 of this Article;

d) Compel employers to provide full social insurance and health insurance to domestic workers when violating point b, Clause 2 of this Article.

Article 30. Violation of regulations concerning senior workers

A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on employers who use senior workers for heavy, hazardous, or dangerous work that adversely affects the health of such workers as prescribed.

Article 31. Violation of regulations concerning foreign workers working in Vietnam

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

a) Not reporting or reporting inaccurately the content and time regarding the situation of using foreign workers as required by state management agencies on labor;

b) Not sending copies of signed labor contracts to the agency issuing work permits for cases where foreign workers work under labor contracts.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for each foreign worker, but not exceeding VND 75,000,000 in total, on employers who use foreign workers not in accordance with the contents recorded on work permits or confirmation documents exempting them from obtaining work permits.

3. A fine of from VND 15,000,000 to VND 25,000,000 shall be imposed on foreign workers working in Vietnam who commit any of the following acts:

a) Working without a work permit or confirmation document exempting them from obtaining a work permit as prescribed by law;

b) Using a work permit or confirmation document exempting them from obtaining a work permit that has expired.

4. A fine shall be imposed on employers who use foreign workers to work in Vietnam without a work permit or confirmation document exempting them from obtaining a work permit, or use foreign workers with expired work permits or confirmation documents exempting them from obtaining work permits according to one of the following levels:

a) From VND 30,000,000 to VND 45,000,000 for violations involving from one to ten persons;

b) From VND 45,000,000 to VND 60,000,000 for violations involving from eleven to twenty persons;

c) From VND 60,000,000 to VND 75,000,000 for violations involving twenty-one or more persons.

5. Additional forms of punishment

Foreign workers working in Vietnam shall be deported when they work in Vietnam without a work permit or confirmation document exempting them from obtaining a work permit upon violation of the provisions of Clause 3 of this Article.

Article 32. Violation of regulations concerning recruitment and use of Vietnamese workers to work for organizations and individuals from abroad in Vietnam

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on organizations and individuals from abroad in Vietnam who use Vietnamese workers but do not report to authorized organizations for recruiting and managing Vietnamese workers about the situation of recruiting and using Vietnamese workers as prescribed by law.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals from abroad in Vietnam who use Vietnamese workers without submitting a written notification along with copies of signed labor contracts with Vietnamese workers to authorized organizations for recruiting and managing Vietnamese workers working for organizations and individuals from abroad in Vietnam as prescribed by law.

Article 33. Violation of provisions on resolving labor disputes

1. Warning shall be imposed on workers who participate in strikes after the chairman of the provincial or centrally-administered city People's Committee has decided to postpone or stop the strike.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on workers committing any of the following acts:

a) Obstructing the exercise of the right to strike or inciting, enticing, compelling workers to go on strike;

b) Obstructing workers who do not participate in the strike from working.

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

a) Terminating labor contracts or disciplining workers, leaders of strikes, or transferring them to other jobs or places of work due to preparation for or participation in a strike;

b) Retaliating against workers participating in strikes or leaders of strikes;

c) Temporarily closing workplaces in cases provided for in Article 217 of the Labor Code.

4. Measures to remedy consequences

The employer shall be ordered to pay wages to workers during the temporary closure of workplaces for violations stipulated in point c, Clause 3 of this Article.

Article 34. Violation of provisions on ensuring the implementation of trade union rights

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

a) Not providing workplaces or necessary working tools for trade union officials;

b) Not allocating time within working hours for non-professional trade union officials to carry out trade union activities;

c) Not allowing grassroots-level trade union officials to enter organizations or enterprises to carry out trade union activities;

d) Not providing information, cooperating, or creating favorable conditions for trade unions to perform their representative duties in protecting the legitimate rights and interests of workers.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on employers unilaterally terminating labor contracts, transferring workers to other jobs under labor contracts, or dismissing non-professional trade union officials without prior written agreement with the grassroots-level trade union executive committee or the directly superior trade union executive committee, where such actions do not constitute criminal liability.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on those who abuse trade union rights to violate laws, infringe upon the interests of the State, or the legitimate rights and interests of agencies, organizations, enterprises, or individuals.

4. Measures to remedy consequences

The employer shall be ordered to ensure necessary working conditions for trade unions and allocate time for trade union officials for violations stipulated in points a and b, Clause 1 of this Article.

Article 35. Violation of provisions on discrimination based on reasons for establishing, joining, and engaging in trade union activities

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on employers committing any of the following acts:

a) Discriminating in terms of wages, working hours, and other rights and obligations in labor relations to obstruct workers from establishing, joining, and engaging in trade union activities;

b) Not renewing labor contracts for non-professional trade union officials during their term of office when their labor contracts expire;

c) Disciplining or terminating labor contracts illegally against workers for reasons related to establishing, joining, and engaging in trade union activities;

d) Harassing, mistreating, obstructing, or refusing to promote the career advancement of trade union officials;

đ) Providing false information to undermine the reputation of trade union officials among workers.

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) Limiting the rights of workers to become trade union officials;

b) Interfering with or obstructing the election or selection of trade union officials;

c) Compelling workers to establish, join, or engage in trade union activities.

3. Measures to remedy consequences

a) Order the renewal of labor contracts for non-professional trade union officials for violations stipulated in point b, Clause 1 of this Article;

b) Order the rehire of workers and payment of full wages, social insurance, and health insurance for days when workers were unable to work due to violations stipulated in point c, Clause 1 of this Article;

c) Order the correction of false information for violations stipulated in point đ, Clause 1 of this Article.

Article 36. Violation of provisions on the use of economic measures or other measures causing disadvantage to trade union organizations and activities

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) Failing to pay wages to non-full-time trade union staff during their trade union activities;

b) Not allowing full-time trade union staff to enjoy collective rights and benefits equal to those of other workers in the same organization;

c) Implementing economic measures or other disadvantageous measures affecting workers in order to prevent them from joining or participating in trade union activities.

2. Measures to remedy consequences

a) Order payment of wages to non-full-time trade union staff during their trade union activities for violations stipulated in point a, Clause 1 of this Article;

b) Order resolution of collective rights and benefits for full-time trade union staff equal to those of other workers in the same organization for violations stipulated in point b, Clause 1 of this Article.

Article 37. Violation of provisions on payment of trade union fees

1. A fine of from twelve percent to less than fifteen percent of the total amount of trade union fees due at the time of issuance of the administrative violation notice, but not exceeding seventy-five million dong, shall be imposed on employers who commit any of the following acts:

a) Delaying payment of trade union fees;

b) Paying trade union fees not in accordance with the prescribed rate;

c) Paying trade union fees for fewer people than required.

2. A fine of from eighteen percent to twenty percent of the total amount of trade union fees due at the time of issuance of the administrative violation notice, but not exceeding seventy-five million dong, shall be imposed on employers who fail to pay trade union fees for all workers required to do so.

3. Measures to remedy consequences

Within thirty days from the date of the decision on punishment, employers must pay to the trade union organization the amount of delayed trade union fees, insufficiently paid or unpaid fees, and interest on the unpaid or delayed fees at the highest interest rate for non-fixed term deposits announced by state commercial banks at the time of punishment for violations stipulated in Clause 1 and Clause 2 of this Article.

Chapter III

VIOLATIONS, FORMS OF PUNISHMENT, AMOUNTS OF PUNISHMENT AND REMEDIAL MEASURES FOR THE CONSEQUENCES OF VIOLATIONS IN THE SOCIAL INSURANCE FIELD

Article 38. Violation of provisions on mandatory social insurance and unemployment insurance contributions

1. A fine of from five hundred thousand dong to one million dong shall be imposed on workers who agree with employers not to participate in mandatory social insurance and unemployment insurance, to participate incorrectly in terms of category or level as prescribed.

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

a) Failing each year to publicly display information on social insurance contributions of workers provided by the social insurance agency as stipulated in Clause 7, Article 23 of the Social Insurance Law;

b) Failing to complete procedures to confirm unemployment insurance contributions for workers to enable them to complete their unemployment insurance claim forms as prescribed;

c) Failing to provide or providing incomplete information on mandatory social insurance and unemployment insurance contributions of workers when requested by the workers or the trade union organization.

3. A fine of from five million dong to ten million dong shall be imposed on employers who fail to provide accurate, complete, and timely information and documents related to mandatory social insurance and unemployment insurance contributions as required by competent state agencies or the social insurance agency.

4. A fine of from twelve percent to fifteen percent of the total amount of mandatory social insurance and unemployment insurance contributions due at the time of issuance of the administrative violation notice, but not exceeding seventy-five million dong, shall be imposed on employers who commit any of the following acts:

a) Delaying payment of mandatory social insurance and unemployment insurance contributions;

b) Paying mandatory social insurance and unemployment insurance contributions not in accordance with the prescribed rate without being considered as evasion;

c) Paying mandatory social insurance and unemployment insurance contributions for fewer people than required without being considered as evasion.

5. A fine of from eighteen percent to twenty percent of the total amount of mandatory social insurance and unemployment insurance contributions due at the time of issuance of the administrative violation notice, but not exceeding seventy-five million dong, shall be imposed on employers who fail to pay mandatory social insurance and unemployment insurance contributions for all workers required to do so without reaching the threshold for criminal prosecution.

6. A fine of from fifty million dong to seventy-five million dong shall be imposed on employers who evade payment of mandatory social insurance and unemployment insurance contributions without reaching the threshold for criminal prosecution.

7. Measures to remedy consequences

a) Order recovery of the amount of mandatory social insurance and unemployment insurance contributions due for violations stipulated in Clauses 4, 5, and 6 of this Article;

b) Order payment of double the average investment return rate of the social insurance fund for the preceding year on the amount and period of delay, non-payment, or evasion; if not implemented, upon request of the competent authority, state banks or other credit institutions shall deduct from the employer's deposit account the amount of unpaid, delayed, or evaded contributions and interest thereon at the highest interest rate for non-fixed term deposits announced by state commercial banks at the time of punishment and transfer it to the social insurance agency's account for violations stipulated in Clauses 4, 5, and 6 of this Article for thirty days or more.

Article 39. Violations concerning the establishment of files to enjoy social insurance and unemployment insurance benefits

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on workers committing any of the following violations:

a) Falsely declaring or altering, erasing to falsify information related to the enjoyment of social insurance and unemployment insurance benefits without reaching the level of criminal prosecution;

b) Failing to notify the Employment Service Center as required when the worker has employment within fifteen working days from the date of submitting the application for unemployment benefit assistance;

c) Workers receiving unemployment benefits failing to notify the Employment Service Center as required under any of the following circumstances: having employment; performing military service or police duty; receiving monthly pension; attending a training program for at least twelve months.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on employers committing acts of forging or distorting the contents of social insurance and unemployment insurance files to gain undue benefits from social insurance and unemployment insurance without reaching the level of criminal prosecution for each forged or distorted file.

3. Measures to remedy consequences

Order the return to the social insurance organization the amount of social insurance and unemployment benefits received due to the violation stipulated in Clauses 1 and 2 of this Article.

Article 40. Other violations concerning social insurance and unemployment insurance

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for each worker but not exceeding VND 75,000,000 in total for employers who fail to pay work injury insurance and occupational disease benefits within ten days from the date of receipt of funds transferred by the social insurance agency.

2. A fine of from eighteen percent to twenty percent of the total amount of mandatory social insurance benefits that the employer has misappropriated at the time of the administrative violation record but not exceeding VND 75,000,000 shall be imposed on employers who misappropriate the mandatory social insurance benefits of workers.

3. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed on employers who fail to notify the Employment Service Center where their office is located when there is labor movement in the unit as prescribed by law.

4. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for each worker but not exceeding VND 75,000,000 in total for employers committing any of the following acts:

a) Failing to establish files for mandatory social insurance and unemployment insurance for workers within thirty days from the date of signing the labor contract, employment contract, or recruitment;

b) Failing to submit the file or request form within the time limit prescribed in Clause 2, Article 102, Clause 1, Article 103, Clause 1, Article 110, and Clause 2, Article 112 of the Social Insurance Law;

c) Failing to refer workers subject to Article 47 of the Labor Safety and Health Law and Article 55 of the Social Insurance Law for medical examination to assess reduced work capacity at the Medical Examination Board;

d) Failing to return the social insurance book to workers as prescribed in Clause 5, Article 21 of the Social Insurance Law.

5. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed on vocational education institutions committing any of the following acts:

a) Organizing vocational training for less than the duration of the course registered by unemployed workers for each worker violating the regulation but not exceeding VND 150,000,000 in total;

b) Agreeing with individuals or organizations related parties to fraudulently obtain vocational training support funds for each case of violation without reaching the level of criminal prosecution.

6. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on employers who organize and implement vocational training, upgrading, and improving skills for workers to maintain employment as approved by competent authorities but do not comply with the approved plan.

7. Measures to remedy consequences

a) Order the payment of full work injury insurance and occupational disease benefits to workers for the violation stipulated in Clause 1 of this Article;

b) Order vocational education institutions to provide sufficient vocational training for the duration of the course registered by unemployed workers for the violation stipulated in point a, Clause 5 of this Article if requested by the worker;

c) Order vocational education institutions to return the fraudulently obtained funds to the state budget for the violation stipulated in point b, Clause 5 of this Article;

d) Order the repayment to workers of the misappropriated mandatory social insurance benefits and interest on these funds calculated at the highest interest rate for non-term deposits of state commercial banks published at the time of punishment for the violation stipulated in Clause 2 of this Article.

Chapter IV

VIOLATIONS, FORMS OF SANCTIONS, AMOUNTS OF FINES AND MEASURES TO REMEDY CONSEQUENCES FOR VIOLATIONS IN THE FIELD OF EXPORTING VIETNAMESE WORKERS ABROAD UNDER CONTRACT

Article 41. Violation of operating conditions for enterprises providing services to send workers abroad (hereinafter referred to as service enterprises)

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on service enterprises that commit any of the following acts:

a) Not publicly displaying the Service License for sending workers abroad as prescribed;

b) Not publicly posting the enterprise's decision assigning tasks to branches and copies of the Service License for sending workers abroad at the branch office;

c) Not reporting changes in leadership responsible for sending Vietnamese workers abroad as prescribed.

2. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on service enterprises that commit any of the following acts:

a) Not notifying the assignment of tasks to branches to carry out services for sending Vietnamese workers abroad as prescribed by law;

b) Using leaders responsible for sending Vietnamese workers abroad who do not have a bachelor’s degree or higher;

c) Using leaders responsible for sending workers abroad who do not have at least three years of experience in the field of sending Vietnamese workers abroad or working in international cooperation and relations.

3. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed on service enterprises that commit any of the following acts:

a) Not implementing the organizational plan for operations to send Vietnamese workers abroad as prescribed, from the date of issuance of the Service License for sending workers abroad;

b) Not implementing the specialized organizational plan to provide necessary training for Vietnamese workers before they go abroad to work, from the date of issuance of the Service License for sending workers abroad.

4. A fine of VND 150,000,000 to VND 180,000,000 shall be imposed on service enterprises that commit any of the following acts:

a) Assigning tasks to more than three branches in provinces and centrally-administered cities;

b) Assigning tasks to branches not in accordance with the provisions of law;

c) Branches of service enterprises exceeding the scope of assigned tasks regarding activities to send Vietnamese workers abroad or performing tasks not in accordance with the provisions of law;

d) Sending workers abroad during the period of suspension of labor supply contracts, suspension of operations for a limited time, or after receiving notification about the denial of renewal of the Service License for sending workers abroad.

5. A fine of VND 180,000,000 to VND 200,000,000 shall be imposed on service enterprises that commit any of the following acts:

a) Using the Service License for sending workers abroad of another enterprise to organize the sending of Vietnamese workers abroad;

b) Allowing other organizations or individuals to use their Service License for sending workers abroad to send Vietnamese workers abroad;

c) Assigning management tasks for sending Vietnamese workers abroad to a person who has managed another service enterprise whose Service License for sending workers abroad was revoked or to a person currently under disciplinary action of warning or higher due to violations of laws on sending Vietnamese workers abroad.

6. Additional forms of punishment

a) Suspension of activities to send workers abroad for one to three months for violations specified in points a, b, and c of Clause 4 of this Article;

b) Suspension of activities to send workers abroad for four to six months for violations specified in points b and c of Clause 2, point d of Clause 4, and points b and c of Clause 5 of this Article.

7. Measures to remedy consequences

Order to return to workers the amount collected from them and interest on that amount calculated at the highest rate of interest for non-term deposits published by state commercial banks at the time of punishment for violations specified in point d of Clause 4 of this Article.

Article 42. Violation of provisions on contract registration and reporting on sending Vietnamese workers to work abroad

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for failing to report periodically or unexpectedly, or for reporting inaccurately about activities of sending Vietnamese workers to work abroad as prescribed by law.

2. A fine shall be imposed for sending Vietnamese workers to work abroad in excess of the number registered under the Labor Supply Contract or the Internship Labor Reception Contract approved by the competent state agency, at one of the following levels:

a) VND 20,000,000 to VND 40,000,000 when exceeding the registered number from 01 to 10 people;

b) VND 60,000,000 to VND 100,000,000 when exceeding the registered number from 11 to 50 people;

c) VND 150,000,000 to VND 180,000,000 when exceeding the registered number over 50 people.

3. A fine of VND 75,000,000 to VND 90,000,000 shall be imposed on enterprises that win bids, organizations, or individuals investing abroad who send Vietnamese workers to work abroad without reporting or have reported but not yet been approved by the competent state agency.

4. A fine of VND 150,000,000 to VND 180,000,000 shall be imposed for sending workers abroad to work without registering the Labor Supply Contract or the Internship Labor Reception Contract, or having registered but not yet been approved by the competent state agency.

5. Additional forms of punishment

Suspension of activities of sending Vietnamese workers to work abroad for six to twelve months shall be imposed on service enterprises that violate the provisions of Clause 3 and Clause 4 of this Article.

Article 43. Violation of provisions on selection, signing, and termination of contracts

1. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on service enterprises that commit one of the following acts:

a) Not coordinating with local authorities to publicly announce and provide full information about the number, selection criteria, and contract conditions to workers when selecting labor at the local level as prescribed;

b) Not committing to the time period for waiting to depart after workers are selected to work abroad;

c) Not directly selecting workers.

2. A fine of VND 50,000,000 to VND 80,000,000 shall be imposed on enterprises or organizations sending workers to work abroad that commit one of the following acts:

a) Not signing a contract with workers as prescribed;

b) Not clearly stating the costs that workers must pay in the contract signed with workers as prescribed;

c) Not terminating or improperly terminating the contract for sending workers to work abroad as prescribed;

d) The content of the contract for sending workers to work abroad, the Employment Contract, and the Internship Contract does not comply with the Labor Supply Contract or the Internship Labor Reception Contract that has been registered;

đ) The content of the contract for sending workers to work abroad between the winning bidder, contractor, or organization investing abroad and the worker, and the Employment Contract does not comply with the report on sending Vietnamese workers to work abroad as prescribed.

3. Additional forms of punishment

Suspension of the implementation of the Labor Supply Contract for one to three months shall be imposed on violations of the provisions of Clause 2 of this Article.

Article 44. Violation of provisions on skill enhancement, language training, and necessary knowledge for workers

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on enterprises and organizations that commit one of the following acts:

a) Not registering the model certificate for enhancing necessary knowledge provided to Vietnamese workers going abroad to work as prescribed;

b) Not providing materials for enhancing necessary knowledge for workers as prescribed;

c) Not compiling complete materials for enhancing necessary knowledge for workers as prescribed.

2. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on enterprises and organizations that commit one of the following acts:

a) Not fully implementing the provision of necessary knowledge enhancement for workers before they go abroad to work as prescribed;

b) Not conducting or not fully conducting the examination and issuance of certificates for workers after they have participated in the necessary knowledge enhancement course.

3. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on service enterprises that commit one of the following acts:

a) Not organizing or not collaborating with vocational education institutions or training centers to enhance occupational skills and languages for workers going abroad to work as required by the labor supply contract;

b) Not implementing the provision of necessary knowledge enhancement for workers before they go abroad to work as prescribed.

4. Additional forms of punishment

a) Suspension of the implementation of the labor supply contract from three to six months for violations stipulated in Clause 3 of this Article;

b) Suspension of the implementation of the labor supply contract from six to twelve months in cases of repeated violation of the provisions stipulated in Clause 3 of this Article.

5. Measures to remedy consequences

Compel the enhancement of occupational skills, language, and necessary knowledge for workers or refund the training fees collected from workers (if applicable) for violations stipulated in Clause 3 of this Article.

Article 45. Violation of provisions on collection, payment, management, and use of brokerage fees, deposit money, service fees, and other amounts collected from workers; contribution to the Overseas Employment Support Fund

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on service enterprises when committing one of the following acts:

a) Not guiding and processing procedures for workers to receive support from the Overseas Employment Support Fund or not transferring support funds to workers as prescribed;

b) Not issuing certificates of participation in the Overseas Employment Support Fund for workers as prescribed.

2. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on service enterprises when committing one of the following acts:

a) Not fully paying the contributions of workers to the Overseas Employment Support Fund as prescribed;

b) Not fully contributing to the Overseas Employment Support Fund as prescribed.

3. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on service enterprises when violating one of the following acts:

a) Collecting selection fees from workers;

b) Collecting, managing, using, and refunding brokerage fees not in accordance with regulations;

c) Collecting service fees from workers not in accordance with regulations;

d) Not refunding or not fully refunding to workers the portion of service fees corresponding to the remaining time of the contract for sending workers abroad to work when workers have paid service fees for the entire contract period but must return home before the deadline due to reasons not attributable to the workers;

đ) Not paying the contributions of workers to the Overseas Employment Support Fund as prescribed;

e) Not contributing to the Overseas Employment Support Fund as prescribed.

4. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed on service enterprises that commit one of the following acts:

a) Not refunding the costs that workers have paid to the service enterprise due to failure to send workers abroad to work;

b) Collecting, managing, and using deposit money of workers not in accordance with regulations;

c) Not supplementing the deposit money of the service enterprise in full and on time as prescribed;

d) Not ensuring the deposit money of the enterprise at the bank as prescribed.

5. Additional forms of punishment

Suspend the activity of sending Vietnamese workers abroad to work as follows:

a) From one to three months for violations stipulated in Clause 3, Points c and d of Clause 4 of this Article;

b) From four to six months for violations stipulated in Point b of Clause 4 of this Article;

c) From six to twelve months for violations stipulated in Point a of Clause 4 of this Article.

Remedial measures

a) Compel the full payment into the Overseas Employment Support Fund as prescribed for violations stipulated in Points a and b of Clause 2, Points đ and e of Clause 3 of this Article;

b) Compel the full refund of money to workers for violations stipulated in Points c and d of Clause 3, Point a of Clause 4 of this Article;

c) Compel the submission of deposit money in accordance with regulations for violations stipulated in Points c and d of Clause 4 of this Article.

Article 46. Violations of provisions on organizing the sending of workers to work abroad and managing workers outside the country

1. A fine of from twenty million dong to forty million dong shall be imposed for any of the following acts:

a) Failing to report the list of outbound workers to the diplomatic mission or consular office of Vietnam abroad as prescribed;

b) Failing to cooperate with the diplomatic mission or consular office of Vietnam abroad in managing and protecting the legitimate rights and interests of workers during their time working abroad.

2. A fine of from fifty million dong to eighty million dong shall be imposed for any of the following acts:

a) Failing to organize management and protection of the rights and legitimate interests of workers sent abroad by enterprises as prescribed;

b) Failing to promptly address issues arising when workers die, suffer workplace accidents, risks, occupational diseases, harm to life, health, reputation, dignity, property, or disputes related to workers.

3. A fine of from eighty million dong to one hundred million dong shall be imposed for any of the following acts:

a) Exploiting the activity of sending Vietnamese workers to work abroad to organize consulting, selection, training, and collecting money from workers;

b) Exploiting the activity of sending Vietnamese workers to work abroad to organize sending Vietnamese citizens abroad contrary to regulations;

c) Sending Vietnamese workers to work abroad without a permit for the service of sending Vietnamese workers to work abroad under contracts and not falling within the cases where enterprises win bids, accept bids to send workers to work abroad, or organizations and individuals invest abroad send workers to work abroad or enterprises send workers to work abroad under advanced skill internship programs;

d) Sending workers to work in areas, industries, occupations, and jobs prohibited or not permitted by the receiving country.

4. Additional forms of punishment

Suspension of the activity of sending workers to work abroad of service enterprises for six months to twelve months for violations stipulated in Clause 2, Points a, b, d, Clause 3 of this Article.

5. Measures to remedy consequences

a) Compel workers to return to the country at the request of the receiving country or the competent state agency of Vietnam for violations stipulated in Clause 2, Point d, Clause 3 of this Article;

b) Compel the refund of the amount collected from workers plus interest on the amount collected calculated at the highest interest rate for non-fixed-term deposits published by state commercial banks at the time of punishment for violations stipulated in Point a, Clause 3 of this Article.

Article 47. Violations of workers working abroad and some other related entities

1. A fine of from two million dong to five million dong shall be imposed on workers who fail to register individual contracts with the competent state agency as prescribed.

2. A fine of from eighty million dong to one hundred million dong shall be imposed for any of the following acts:

a) Remaining illegally in a foreign country after the expiration of the labor contract;

b) Fleeing from the place of work according to the contract without being forced to labor;

c) Not arriving at the place of work according to the contract after entering the receiving country.

3. Measures to remedy consequences

Compel return to the country for violations stipulated in Points a, b, c, Clause 2 of this Article.

Chapter V

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES AND TO RECORD ADMINISTRATIVE VIOLATIONS; PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES

Section 1

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES AND TO RECORD ADMINISTRATIVE VIOLATIONS

Article 48. Competence to Draft Administrative Violation Records

The competence to draft administrative violation records for acts of administrative violations specified in this Decree includes:

1. Persons authorized to impose administrative sanctions as stipulated in Articles 49, 50, 51, 52, 53, and 54 of this Decree according to their functions, tasks, and granted authorities.

2. Civil servants and officials performing inspection and supervision duties related to labor, social insurance, and sending Vietnamese workers to work abroad under contracts.

Article 49. Competence of the Chairman of the People's Committee to Impose Penalties

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) Imposing fines up to VND 37,500,000 for administrative violations in the field of labor and social insurance, and up to VND 50,000,000 for administrative violations in the field of sending Vietnamese workers to work abroad under contracts;

c) Applying supplementary penalties as prescribed in Chapter II, except for the supplementary penalty prescribed in Clause 5, Article 31 of this Decree;

d) Applying measures to remedy consequences as prescribed in Chapters II and III of this Decree.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) Imposing fines up to VND 75,000,000 for administrative violations in the field of labor and social insurance, and up to VND 100,000,000 for administrative violations in the field of sending Vietnamese workers to work abroad under contracts;

c) Applying supplementary penalties as prescribed in Chapters II and IV, except for the supplementary penalty prescribed in Clause 5, Article 31 of this Decree;

d) Applying measures to remedy consequences as prescribed in Chapters II, III, and IV of this Decree.

Article 50. Competence of Labor Inspectors to Impose Penalties

1. Labor inspectors and persons assigned to perform specialized inspection tasks while on duty have the authority to issue warnings for administrative violations in the fields of labor and social insurance as prescribed in Chapters II and III of this Decree.

2. The Head of the Department of Labor, Invalids, and Social Affairs' Labor Inspection has the authority:

a) To issue warnings;

b) Imposing fines up to VND 37,500,000 for administrative violations in the field of labor and social insurance, and up to VND 50,000,000 for administrative violations in the field of sending Vietnamese workers to work abroad under contracts;

c) Applying supplementary penalties as prescribed in Chapters II and IV, except for the supplementary penalty prescribed in Clause 5, Article 31 of this Decree;

d) Applying measures to remedy consequences as prescribed in Chapters II, III, and IV of this Decree.

3. The Head of the Ministry of Labor, Invalids, and Social Affairs' Labor Inspection has the authority:

a) To issue warnings;

b) Imposing fines up to VND 75,000,000 for administrative violations in the field of labor and social insurance, and up to VND 100,000,000 for administrative violations in the field of sending Vietnamese workers to work abroad under contracts;

c) Applying supplementary penalties as prescribed in Chapters II and IV, except for the supplementary penalty prescribed in Clause 5, Article 31 of this Decree;

d) Applying measures to remedy consequences as prescribed in Chapters II, III, and IV of this Decree.

4. The Head of the Ministry-level Labor Inspection Team has the authority:

a) To issue warnings;

b) Imposing fines up to VND 52,500,000 for administrative violations in the fields of labor and social insurance, and up to VND 70,000,000 for administrative violations in the field of sending Vietnamese workers to work abroad under contracts;

c) Applying supplementary penalties as prescribed in Chapters II and IV, except for the supplementary penalty prescribed in Clause 5, Article 31 of this Decree;

d) Applying measures to remedy consequences as prescribed in Chapters II, III, and IV of this Decree.

5. The Head of the provincial-level Labor Inspection Team and the Head of the specialized inspection team of state management agencies assigned to perform specialized inspection functions related to labor, social insurance, and sending Vietnamese workers to work abroad under contracts have the authority:

a) To issue warnings;

b) Imposing fines up to VND 37,500,000 for administrative violations in the field of labor and social insurance, and up to VND 50,000,000 for administrative violations in the field of sending Vietnamese workers to work abroad under contracts;

c) Applying supplementary penalties as prescribed in Chapters II and IV, except for the supplementary penalty prescribed in Clause 5, Article 31 of this Decree;

d) Applying measures to remedy consequences as prescribed in Chapters II, III, and IV of this Decree.

Article 51. Competence of the Director of the Overseas Labor Management Bureau to Impose Penalties

The Director of the Overseas Labor Management Bureau has the authority to impose penalties for administrative violations as prescribed in Chapter IV of this Decree:

1. To issue warnings.

2. A fine of up to VND 100,000,000.

3. Applying supplementary penalties as prescribed in Chapter IV of this Decree.

4. Applying measures to remedy consequences as prescribed in Chapter IV of this Decree.

Article 52. Competence of the Director of the Occupational Safety and Health Administration to Impose Penalties

The Director of the Occupational Safety and Health Administration has the authority to impose penalties for administrative violations as prescribed in Articles 19, 20, 21, 22, 23, 24, 25, and 26 of this Decree:

1. To issue warnings.

2. Imposing fines up to VND 75,000,000.

3. Applying supplementary penalties as prescribed in Articles 24, 25, and 26 of this Decree.

4. Applying measures to remedy consequences as prescribed in Articles 21, 22, 24, and 25 of this Decree.

Article 53. Competence to impose penalties of the Social Insurance Agency

1. The Director of the provincial Social Insurance has the authority:

a) To issue warnings;

b) To impose a fine up to VND 37,500,000 for violations related to social insurance and unemployment insurance contributions as stipulated in Article 38 of this Decree;

c) To apply remedial measures as prescribed in Clause 7, Article 38 of this Decree.

2. The General Director of the Vietnam Social Security has the authority:

a) To issue warnings;

b) To impose a fine up to VND 75,000,000 for violations related to social insurance and unemployment insurance contributions as stipulated in Article 38 of this Decree;

c) To apply remedial measures as prescribed in Clause 7, Article 38 of this Decree.

3. The Head of the specialized inspection team established by decision of the General Director of the Vietnam Social Security has the authority:

a) To issue warnings;

b) To impose a fine up to VND 52,500,000 for violations related to social insurance and unemployment insurance contributions as stipulated in Article 38 of this Decree;

c) To apply remedial measures as prescribed in Clause 7, Article 38 of this Decree.

Article 54. Competence to impose penalties of other agencies

1. The head of diplomatic missions, consular offices, or other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad has the authority to impose penalties on administrative violations as stipulated in Chapter IV of this Decree:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) To apply remedial measures requiring workers to be repatriated at the request of the receiving country or competent authorities of Vietnam as stipulated in Chapter IV of this Decree.

2. The Director of the Exit and Entry Administration, and the Provincial Public Security Director have the authority to impose penalties and supplementary penalty measures on administrative violations as stipulated in Clause 3, Article 31 of this Decree.

Section 2

PROCEDURES FOR IMPOSING PENALTIES

Article 55. Procedure and formalities for imposing administrative penalties in the activity of sending workers to work abroad outside the territory of Vietnam

1. Workers fined abroad may pay the fine at Vietnamese diplomatic missions or consular offices abroad.

2. The fine shall be collected in Vietnamese Dong. In cases where it is collected in foreign currency, it shall be converted into Vietnamese Dong based on the exchange rate of commercial banks at the time of imposition of the penalty.

3. The Ministry of Labor - Invalids and Social Affairs shall take the lead in coordinating with the Ministry of Foreign Affairs, the Ministry of Finance, and the Ministry of Justice to guide the procedure and formalities for imposing administrative penalties in the activity of sending workers to work abroad outside the territory of Vietnam.

Chapter VI

IMPLEMENTING PROVISIONS

Article 56. Effective Date

1. This Decree takes effect from April 15, 2020.

2. Decree No. 95/2013/NĐ-CP dated August 22, 2013 of the Government on administrative penalties in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts, and Decree No. 88/2015/NĐ-CP dated October 7, 2015 of the Government amending and supplementing certain provisions of Decree No. 95/2013/NĐ-CP dated August 22, 2013 of the Government on administrative penalties in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts shall cease to be effective from the date this Decree takes effect.

3. The act of remaining abroad illegally after the expiration of the contract as stipulated in point a, Clause 2, Article 47 of this Decree is an ongoing administrative violation, and the statute of limitations for imposing penalties will be calculated from the date of discovery of the violation.

Article 57. Transitional Provisions

For administrative violations in the labor, social insurance, and sending Vietnamese workers to work abroad under contracts that occurred before this Decree takes effect but were discovered later or are currently being examined or resolved, this Decree's penalty provisions shall apply if this Decree does not provide for legal liability or provides for lighter legal liability for the violators.

Article 58. Responsibilities for Guidance and Implementation

Clause 1. The Minister of Labor - Invalids and Social Affairs shall be responsible for guiding and inspecting the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.