Decree No. 47/2010/NĐ-CP on administrative sanctions for violations of labor laws

✦ 스마트 요약

Decree No. 47/2010/NĐ-CP stipulates administrative sanctions for violations of labor laws applicable to individuals and organizations that commit such violations, including warnings, fines, revocation of license usage rights, and confiscation of evidence. The specific fine amounts vary according to the severity of the violation, ranging from VND 300,000 to VND 30,000,000.

적용 범위

Individuals and organizations that violate labor laws; foreigners who violate labor laws within the territory of Vietnam.

핵심 사항

Employers who fail to publish a list of employees being terminated or do not consult with the Trade Union Executive Committee when terminating employees shall be fined from VND 300,000 to VND 3,000,000.
Violations concerning employment contracts shall result in a warning or a fine from VND 500,000 to VND 3,000,000.
Failure to establish a reserve fund for unemployment benefits shall result in a fine from VND 5,000,000 to VND 10,000,000.
Violations concerning wages shall result in a fine from VND 2,000,000 to VND 30,000,000 depending on the severity of the violation.
Failure to provide adequate personal protective equipment for workers shall result in a fine from VND 1,000,000 to VND 5,000,000.

🌐 이 문서의 사회적 영향

Positive impact: Ensures the rights of workers and prevents violations of labor laws.
Negative impact: May impose economic burdens on businesses if substantial fines are imposed.

❓ 자주 묻는 질문

What is the specific fine for violating regulations on employment contracts?

A warning or a fine from VND 500,000 to VND 3,000,000.

What is the maximum fine for violating wage regulations?

A fine from VND 2,000,000 to VND 10,000,000 depending on the severity of the violation.

How will employers be penalized for failing to provide adequate personal protective equipment for workers?

A fine from VND 1,000,000 to VND 5,000,000.

What is the specific fine for violating safety and hygiene regulations at work?

A fine from VND 5,000,000 to VND 10,000,000 depending on the severity of the violation.

Do employers engage in the expulsion of foreign workers?

Yes, a fine from VND 20,000,000 to VND 30,000,000.

전문

DECREE

Regulations on administrative penalties for violations of labor laws

THE GOVERNMENT

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

Based on the Labor Code dated June 23, 1994; the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002; the Law Amending and Supplementing Certain Provisions of the Labor Code dated November 29, 2006; the Law Amending and Supplementing Article 73 of the Labor Code dated April 2, 2007;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002; the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008 (hereinafter referred to collectively as the Ordinance on Handling Administrative Violations);

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms of administrative penalty, fines, measures to remedy consequences, authority, and procedures for imposing administrative penalties for violations of labor laws.

2. The labor law specified in this Decree includes provisions in the Labor Code and detailed implementing regulations of the Labor Code.

3. This Decree does not apply to acts of violating labor laws in the fields of vocational training, apprenticeship; sending workers to work abroad under contracts; social insurance.

Article 2. Applicability

1. Individuals and organizations committing acts of violating labor laws as prescribed in this Decree.

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

2. Civil servants, public officials, and employees in administrative agencies, public institutions, political organizations, and socio-political organizations are not subject to this Decree.

Article 3. Principles of administrative penalties for violations of labor laws

1. The principles of administrative penalties for acts of violating labor laws are applied according to the provisions of Article 3 of the Ordinance on Handling Administrative Violations.

2. The imposition of administrative penalties for acts of violating labor laws shall be carried out by persons with authority as provided for in Articles 22, 23, and 24 of this Decree.

3. Mitigating and aggravating circumstances regarding acts of violating labor laws shall be considered according to the provisions of Articles 8 and 9 of the Ordinance on Handling Administrative Violations.

4. The imposition of administrative penalties on minors who commit acts of violating labor laws shall be implemented according to the provisions of Clause 1, Article 7 of the Ordinance on Handling Administrative Violations.

5. The handling of administrative violations by those authorized to handle administrative violations concerning acts of violating labor laws must comply with the provisions of Article 121 of the Ordinance on Handling Administrative Violations.

Article 4. Forms of administrative penalties

1. For each act of administrative violation of labor laws, the violator organization or individual must bear one of the following main forms of administrative penalty:

a) Warning;

b) Fine.

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

2. Depending on the nature and degree of the violation, the violator organization or individual may also be subject to the following supplementary forms of administrative penalty:

a) Revocation of the right to use a business license.

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the main forms of administrative penalty and supplementary forms of administrative penalty prescribed in Clauses 1 and 2 of this Article, the violator organization or individual may also be subject to one or more remedial measures as follows:

a) Compelling compliance with legal provisions on: establishing a reserve fund for unemployment benefits; implementing labor utilization plans; concluding labor contracts; registering collective labor agreements; minimum wage; principles for building wage scales, labor norms, reward systems; internal labor regulations; special labor conditions, foreign labor, ensuring trade union activity conditions, labor management measures; ensuring labor protection benefits for workers; ensuring safety and hygiene at work.

b) Returning the deposit and interest to the worker.

c) Compelling repair and correction of machines and equipment that do not meet safety and hygiene standards at work.

d) Compelling inspection and registration of machinery, equipment, materials, substances with strict requirements for safety and hygiene at work.

đ) Other measures prescribed in Chapter II of this Decree.

4. Foreigners committing administrative violations of labor laws may also be subject to deportation. Deportation can be a main form of penalty or a supplementary form of penalty in specific cases.

Article 5. Time Limit for Administrative Violation Handling

1. The time limit for imposing administrative penalties on acts violating labor laws as stipulated in this Decree is one year, counted from the date the act of administrative violation was committed; if beyond the aforementioned periods, no penalty shall be imposed but measures to remedy consequences as provided for in Clause 3, Article 4 of this Decree shall still apply.

2. Within the time limit prescribed in Clause 1 of this Article, if an individual or organization commits a new act of administrative violation in the same field of labor as previously violated or intentionally evades or delays the imposition of penalties, the time limit mentioned above shall not be applied; the time limit for imposing administrative penalties shall be recalculated from the date of committing the new act of administrative violation or the date of ceasing to evade or delay the imposition of penalties.

3. For individuals who have been indicted, prosecuted, or already had a decision made to bring them to trial under criminal proceedings, if subsequently there is a decision to terminate the investigation or close the case, they shall be subject to administrative penalties if their act of violation also constitutes an administrative violation; within three days from the date of issuing the decision to terminate the investigation or close the case, the person issuing the decision must send the decision to the competent authority to impose penalties; in this case, the time limit for imposing penalties is three months, counted from the date the competent authority receives the decision to terminate the investigation or close the case and the case file of the violation.

Article 6. Period Considered as Not Having Been Subject to Administrative Violation Handling

An individual or organization that has been penalized for violating labor laws, if within one year from the date of completing the execution of the penalty decision or from the date the enforcement period of the penalty decision expires without reoffending, shall be considered as not having been subject to administrative penalties for violating labor laws.

Chapter II

ADMINISTRATIVE VIOLATIONS OF LABOR LAWS, FORMS AND LEVELS OF PENALTIES

PART I. VIOLATIONS OF PROVISIONS ON EMPLOYMENT AND LABOR RELATIONS

Article 7. Violations of Provisions on Employment

1. A fine of VND 300,000 to VND 3,000,000 shall be imposed on employers who commit any of the following acts:

a) Failing to publish the list of employees being laid off as prescribed by labor laws;

b) Failing to consult with the Trade Union Committee at the workplace or the Temporary Trade Union Committee before laying off employees;

c) Failing to notify the provincial labor authority before laying off employees;

d) Failing to announce on mass media and post at the office premises about the job vacancy requirements at least seven days prior to accepting applications from employees.

2. A fine of VND 200,000 to VND 1,000,000 shall be imposed on organizations or individuals who fail to pay or pay insufficiently the unemployment allowance to employees, charge fees for job introduction higher than the prescribed rate, or collect job introduction fees without a receipt, depending on the number of employees involved as follows:

a) From VND 200,000 to VND 1,000,000, when the violation involves from one to ten employees;

b) From VND 1,000,000 to VND 5,000,000, when the violation involves from eleven to fifty employees;

c) From VND 5,000,000 to VND 10,000,000, when the violation involves from fifty-one to one hundred employees;

d) From VND 10,000,000 to VND 20,000,000, when the violation involves from one hundred and one to less than five hundred employees;

đ) From VND 20,000,000 to VND 30,000,000, when the violation involves five hundred employees or more;

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

a) A business entity failing to establish a reserve fund for unemployment allowances;

b) An individual engaging in deceitful inducement, false promises, and misleading advertising to deceive employees or exploiting employment services to commit illegal acts.

4. Additional forms of administrative punishment:

Revocation of the License for Job Introduction Activities for one year shall be imposed on organizations engaged in job introduction activities who commit administrative violations as specified in point b, Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compel the return of job introduction fees collected from employees that exceed the prescribed rates for violations as stipulated in Clause 2 of this Article.

b) Compel the establishment of a reserve fund for unemployment allowances for violations as stipulated in point a, Clause 3 of this Article.

Article 8. Violation of provisions on labor contracts

1. Warning or imposing a fine from VND 500,000 to VND 3,000,000 on employers who commit any of the following acts:

a) Not delivering the Labor Contract to the employee after signing;

b) Not entering into a contract with employees hired to work in the household;

c) Not entering into a written contract with employees hired to watch over assets.

2. Imposing a fine on employers who commit any of the following violations: not signing a labor contract when required to do so; entering into a contract that does not correspond to the type required; a labor contract without the signature of one of the parties, at one of the following levels:

a) From VND 200,000 to VND 1,000,000, when the violation involves from one to ten employees;

b) From VND 1,000,000 to VND 3,000,000, when violating with 11 to 50 employees;

c) From VND 3,000,000 to VND 5,000,000, when violating with 51 to 100 employees;

d) From VND 5,000,000 to VND 7,000,000, when violating with 101 to less than 500 employees;

đ) From VND 7,000,000 to VND 10,000,000, when violating with 500 or more employees.

3. Imposing a fine on employers who commit any of the following violations: applying a probation period exceeding 60 days for jobs requiring a vocational title with a college-level or higher professional qualification; applying a probation period exceeding 30 days for jobs requiring a vocational title with a secondary-level professional qualification, technical worker, or business staff; applying a probation period exceeding six days for jobs not requiring a vocational title with a college-level or higher professional qualification or a vocational title with a secondary-level professional qualification, technical worker, or business staff; violating regulations on temporary transfer of employees to other work; paying wages to employees during temporary transfer to other work at a rate lower than the wage of the new job or lower than 70% of the previous wage or lower than the minimum wage set by the State; paying wages to employees during the first 30 working days of temporary transfer to other work at a rate lower than the previous wage; assigning employees to perform different tasks than those agreed upon in the labor contract without their consent; not paying or paying insufficient severance pay plus salary supplement to employees who have worked continuously for at least 12 months when terminating the labor contract, at one of the following levels:

a) From VND 300,000 to VND 2,000,000, when violating with 1 to 10 employees;

b) From VND 2,000,000 to VND 5,000,000, when violating with 11 to 50 employees;

c) From VND 5,000,000 to VND 10,000,000, when the violation involves from fifty-one to one hundred employees;

d) From VND 10,000,000 to VND 20,000,000, when violating with 101 to less than 500 employees.

đ) From VND 20,000,000 to VND 30,000,000, when violating with 500 or more employees.

4. Imposing a fine from VND 15,000,000 to VND 30,000,000 on employers who commit any of the following acts:

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

b) The subsequent employer not continuing to implement the labor contract with the employee in cases where all existing employees of the enterprise have been used up after merger, consolidation, division, or separation;

c) The subsequent employer not developing a plan for using employees according to the regulations in cases where all existing employees of the enterprise have not been fully utilized after merger, consolidation, division, or separation.

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

a) Delivering the Labor Contract to the employee in accordance with the provisions of the law for violations stipulated in Clause 1 of this Article;

b) Entering into the correct type of contract as prescribed by law; if there is no signature of one of the parties, then it must be supplemented accordingly for violations stipulated in Clause 2 of this Article;

c) Returning the deposit money to the employee along with the interest on the deposit amount (the interest rate is calculated based on the non-term interest rate published by the State Bank of Vietnam at the time of receiving the deposit) for violations stipulated in point a, Clause 4 of this Article;

d) Being compelled to continue implementing the labor contract with the employee for violations stipulated in point b, Clause 4 of this Article;

đ) Developing a plan for using employees and implementing this plan after approval for violations stipulated in point c, Clause 4 of this Article.

Article 9. Violations of provisions on collective labor agreements

1. A fine of VND 500,000 to VND 5,000,000 shall be imposed on employers who fail to submit or delay submission for more than ten days from the date of signing the collective agreement to the provincial state labor management agency where the enterprise's main office is located.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on employers or the Chairperson of the Grassroots Trade Union for any of the following acts:

a) Refusing to negotiate to sign or amend and supplement the collective labor agreement upon receiving a request for negotiation from the requesting party;

b) Implementing the contents of the collective labor agreement that has been declared void.

3. Measures to remedy consequences:

a) Register the collective labor agreement with the provincial state labor management agency in accordance with the provisions of the law for violations stipulated in Clause 1 of this Article;

b) Conduct negotiations to sign or amend and supplement the collective labor agreement according to the negotiation request for violations stipulated in Point a, Clause 2 of this Article.

Article 10. Violations of provisions on wages and bonuses

1. A warning or a fine of VND 300,000 to VND 3,000,000 shall be imposed on employers for any of the following acts:

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

b) Deducting wages from workers without discussing with the Executive Board of the Grassroots Trade Union or the Temporary Executive Board of the Trade Union (if any).

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

a) Failing to pay full wages to workers on time; paying late but not compensating;

b) Failing to pay wages to workers during their leave for treatment due to work-related accidents or occupational diseases;

c) Failing to register the wage scale and pay grade with the provincial state labor management agency; failing to publicly announce the wage scale, pay grade, labor norms, and bonus regulations within the enterprise.

3. A fine shall be imposed on employers for any of the following violations: deducting wages from workers without informing them of the reasons or deducting more than 30% of their monthly wages; failing to discuss with the Executive Board of the Grassroots Trade Union before deducting wages from workers; failing to pay full wages to workers when work stops due to the employer's fault; paying workers less than the minimum wage when work stops not due to the workers' fault and due to power or water outages or force majeure; failing to pay or underpaying wages and allowances to workers during temporary suspension of work, at the following levels:

a) From VND 300,000 to VND 2,000,000, when violating with 1 to 10 employees;

b) From VND 2,000,000 to VND 5,000,000, when violating with 11 to 50 employees;

c) From VND 5,000,000 to VND 15,000,000, when violating with 51 to 100 workers;

d) From VND 15,000,000 to VND 20,000,000, when violating with 101 to less than 500 workers;

đ) From VND 20,000,000 to VND 30,000,000, when violating with 500 or more employees.

4. A fine shall be imposed on employers for any of the following violations: paying workers less than the minimum wage or paying the minimum wage for skilled technical workers who have been trained; failing to pay according to productivity, quality, and efficiency of work performed by workers; applying salary deduction as a penalty against workers, at the following levels:

a) From VND 300,000 to VND 3,000,000, when violating with 01 to 10 workers;

b) From VND 3,000,000 to VND 10,000,000, when violating with 11 to 50 workers;

c) From VND 10,000,000 to VND 15,000,000, when violating with 51 to 100 workers;

d) From VND 15,000,000 to VND 20,000,000, when violating with 101 to less than 500 workers.

đ) From VND 20,000,000 to VND 30,000,000, when violating with 500 or more employees.

5. A fine of VND 2,000,000 to VND 10,000,000 shall be imposed on employers for any of the following violations: failing to establish wage scales, pay grades, labor norms, wage payment regulations, and bonus regulations within the enterprise.

6. Measures to remedy consequences:

a) Register the wage scale and pay grade with the state labor management agency within twenty days from the date of receipt of the penalty decision; must publicly announce the wage scale, pay grade, labor norms, and bonus regulations within the enterprise for violations stipulated in Point c, Clause 2 of this Article;

b) Establish the wage scale, pay grade, labor norms, and bonus regulations within the enterprise in accordance with the provisions of the law for violations stipulated in Article 5 of this Article.

c) Pay wages and other benefits to workers in accordance with the provisions of the law for violations stipulated in Clauses 2, 3, and 4 of this Article.

Article 11. Violations of regulations on working hours and rest time

1. A fine shall be imposed on employers who commit any of the following violations: forcing employees to work more than 8 hours in a day or 48 hours in a week, or more than 7 hours in a day or 42 hours in a week for underage workers or disabled workers; failing to reduce working hours for employees engaged in particularly arduous, toxic, or dangerous work; using pregnant female employees from the seventh month onwards or nursing mothers with children under 12 months old for overtime work, night shifts, or distant travel assignments; failing to reassign pregnant female employees engaged in heavy work to lighter tasks or reduce their daily working hours by at least one hour from the seventh month of pregnancy; failing to shorten daily working hours or apply non-full-day or non-full-week work schedules in the final year before retirement for senior employees; failing to arrange a half-hour break during continuous 8-hour work periods to be counted as working hours; failing to arrange at least a 45-minute break between night shifts to be counted as working hours; failing to arrange at least 12 hours of rest before switching to another shift for shift workers; failing to arrange at least one day (24 consecutive hours) of rest per week or an average of four days per month for special cases due to work cycles that cannot allow weekly rest; failing to arrange rest on holidays as prescribed; failing to arrange annual leave or personal leave for employees who have worked continuously for one year at a business entity or with an employer, according to one of the following levels:

a) From VND 300,000 to VND 3,000,000, when violating with 01 to 10 workers;

b) VND 3,000,000 to VND 5,000,000, when violating with 11 to 50 employees;

c) From VND 5,000,000 to VND 10,000,000, when the violation involves from fifty-one to one hundred employees;

d) VND 10,000,000 to VND 15,000,000, when violating with 101 to less than 500 employees;

đ) VND 15,000,000 to VND 20,000,000, when violating with 500 employees or more.

2. A fine shall be imposed on employers who violate any of the provisions regarding overtime work: exceeding the prescribed number of overtime hours; forcing employees to work overtime without agreement; using employees for overtime work not falling within any of the cases permitted by law; failing to pay the full overtime wage to employees, according to one of the following levels:

a) VND 5,000,000 to VND 7,000,000, when violating with 1 to 50 employees;

b) VND 7,000,000 to VND 10,000,000, when violating with 51 to 100 employees;

c) VND 10,000,000 to VND 15,000,000, when violating with 101 to less than 500 employees;

d) VND 15,000,000 to VND 20,000,000, when violating with 500 employees or more.

3. Measures to remedy consequences.

The employer must:

a) Arrange compensatory rest time for employees in violation of Clause 1 of this Article;

b) Pay overtime wages in accordance with the provisions of the law for the time exceeding the limit or working during the rest period (without compensatory rest) in violation of Clause 2 of this Article.

Article 12. Violations of regulations on labor discipline and material responsibility

1. Warning or a fine from VND 200,000 to VND 500,000 shall be imposed on employers who fail to consult with the Trade Union Committee of the enterprise or the Temporary Trade Union Committee (if any) when establishing labor rules.

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

a) Not registering labor rules with the provincial labor management agency.

b) Establishing labor rules lacking any of the following contents: working hours, rest time, order within the enterprise, occupational safety, workplace hygiene, protection of property and technological secrets, business operations, violations of labor discipline, forms of disciplinary action, and material responsibility.

c) Not publicly announcing and posting labor rules in necessary locations within the enterprise.

d) Temporarily suspending work for employees for more than 15 days or more than three months in special cases.

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

a) Not establishing labor rules when employing ten or more workers.

b) Unable to prove the fault of the worker when disciplining them.

c) Violating the right to defense of the worker.

d) Not having the worker, related parties, and the Trade Union Committee of the enterprise present when considering disciplinary actions.

đ) Not recording minutes when considering disciplinary actions.

e) Violating the provisions on procedures and formalities for compensating damages.

g) Forcing workers to compensate material losses contrary to regulations.

h) Not resolving the rights of workers according to the law when the competent authority concludes that the disciplinary action was incorrect.

4. Measures to remedy consequences:

a) Compel compensation for losses caused to workers when violating Clause 2 Point d, Clause 3 Point h of this Article, and refund excess compensation as stipulated in Clause 3 Point g of this Article.

b) Register labor rules with the provincial labor agency as prescribed by law for violations of Clause 2 Point a of this Article.

c) Publicly announce and post labor rules within the enterprise for violations of Clause 2 Point c of this Article.

d) Establish labor rules in accordance with the law for violations of Clause 2 Point b and Clause 3 Point a of this Article.

Article 13. Violations of regulations on special labor conditions

1. A fine from VND 300,000 to VND 3,000,000 shall be imposed on organizations or individuals for any of the following acts:

a) Not providing changing rooms, bathrooms, and female restrooms.

b) Not consulting with representatives of female workers when making decisions affecting the rights and interests of women and children in the enterprise.

c) Using pregnant women from the seventh month or those nursing children under twelve months old for overtime, night work, or distant travel without transferring them to lighter work or reducing their daily working hours while still paying full wages for heavy work.

d) Not allowing female workers to take a thirty-minute break each day during menstruation or a sixty-minute break each day while nursing children under twelve months old.

đ) Engaging in discriminatory behavior against women.

e) Using female workers, elderly workers, or disabled workers in heavy, dangerous, or toxic jobs not listed in the catalog issued by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Health.

g) Using female workers in contact with toxic substances that adversely affect reproductive functions and child-rearing or working regularly underground or submerged in water.

h) Using elderly workers in heavy, toxic, or dangerous jobs or in contact with toxic substances that adversely affect the health of elderly workers.

i) Using disabled workers in heavy, toxic, or dangerous jobs or in contact with toxic substances listed in the catalog issued by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Health.

k) Not maintaining health records; conducting regular health checks; overworking underage workers; failing to produce health records of underage workers upon request by labor inspectors.

l) Employing underage workers or disabled workers for more than seven hours a day or forty-two hours a week.

m) Allowing disabled workers with reduced work capacity of fifty-one percent or more to work overtime or at night.

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

a) Dismissal or unilateral termination of employment contracts with female workers due to marriage; pregnancy; maternity leave; nursing children under twelve months old, except in cases where the enterprise ceases operations.

b) Employing underage workers in heavy, dangerous, or toxic jobs or places of work that adversely affect the personality of underage workers as listed in the catalog issued by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Health.

c) Not accepting disabled workers for employment according to the required ratio, and not paying into the fund for not hiring enough disabled workers in the enterprise.

Article 14. Violations concerning foreign workers working in Vietnam

1. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

a) Using foreign workers under a labor contract that does not ensure one of the following conditions:

- The foreign worker is under 18 years old;

- The foreign worker does not have health suitable for the job requirements;

- The foreign worker is not a manager, director, or specialist;

- The foreign worker practices private medicine, pharmacy, directly examines and treats patients in Vietnam, or works in education and vocational training without meeting the conditions stipulated by laws on private medical practice, pharmacy, or education and vocational training;

- The foreign worker has a criminal record for offenses against national security; is currently being pursued for criminal responsibility, serving a criminal sentence according to Vietnamese and foreign laws;

- The foreign worker does not hold a Work Permit issued by a competent state agency in Vietnam, except in cases where a Work Permit is not required;

b) Recruiting foreign workers exceeding the prescribed ratio;

c) Using foreign workers to work in Vietnam without a Work Permit issued by a competent state agency in Vietnam;

d) Not processing the extension of the Work Permit as prescribed;

đ) Not processing the issuance of a new Work Permit as prescribed;

e) Not having a plan to train Vietnamese workers to replace foreign workers working in Vietnam for jobs requiring high technical skills or management positions that Vietnamese workers cannot meet as prescribed.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on employers who recruit foreign workers for employment at enterprises without notifying the demand for recruitment; failing to report to the Department of Labor, Invalids, and Social Affairs about the recruitment and management of foreign workers working in Vietnam.

3. Deportation shall be imposed as punishment for foreign workers violating any of the following acts:

a) Foreign workers working in Vietnam for three months or more without a Work Permit;

b) Foreign workers using a Work Permit that has expired;

The deportation of foreign workers must be carried out in accordance with the provisions of Government Decree No. 97/2006/ND-CP on the application of deportation as an administrative penalty and Government Decree No. 15/2009/ND-CP amending and supplementing certain articles of Government Decree No. 97/2006/ND-CP on the application of deportation as an administrative penalty.

4. Measures to remedy consequences:

a) Employers must comply with the prescribed ratio when using foreign workers for the violation stipulated in point a, Clause 1, Article 14 herein;

b) Develop a plan to train Vietnamese workers to replace foreign workers for the act stipulated in point đ, Clause 1, Article 14 herein.

Article 15. Violations concerning the resolution of labor disputes and strikes

1. A warning or a fine of VND 300,000 to VND 2,000,000 shall be imposed on workers committing any of the following acts:

a) Participating in a strike after the Prime Minister's decision to postpone or stop the strike;

b) Engaging in acts damaging machinery, equipment, or enterprise property, or acts disrupting public order and safety during a strike, taking advantage of a strike to commit illegal acts.

2. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

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

b) Obstructing non-striking workers from going to work;

c) Terminating a labor contract or disciplining workers who lead a strike or transferring them to other jobs or places because they are preparing for or participating in a strike;

d) Retaliating against workers who participate in a strike or who lead a strike;

đ) Ceasing business operations to counteract a strike.

Article 16. Violations of provisions on organizing and operating trade unions

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

a) Failing to ensure necessary working conditions for the trade union;

b) Failing to allocate time during working hours for non-professional trade union staff to carry out trade union activities or failing to pay wages to non-professional trade union staff during such time;

c) Failing to cooperate closely and create favorable conditions for the trade union to operate;

d) Failing to grant professional trade union staff the collective benefits and welfare enjoyed by all workers in the enterprise;

đ) Discriminating against workers for establishing, joining, or engaging in trade union activities; using economic measures or other actions to interfere with the organization and operation of the trade union;

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

a) Dismissing or unilaterally terminating the labor contract with a member of the Trade Union Executive Board at the grassroots level without the agreement of the Trade Union Executive Board at the grassroots level or with the Chairman of the Trade Union Executive Board at the grassroots level without the agreement of the direct superior trade union organization;

b) Persons obstructing the establishment of a trade union organization in the enterprise or obstructing the activities of the trade union organization.

3. Measures to remedy consequences:

a) Ensuring necessary working conditions for the trade union and allocating time for non-professional trade union staff as provided for in point a, Clause 1, Article 16 of this Law;

b) Reinstating workers to their jobs as provided for in point a, Clause 2, Article 16 of this Law.

Article 17. Violations of other provisions

1. A fine of from VND 300,000 to VND 1,000,000 shall be imposed on employers who commit any of the following acts:

a) Failing to report the use of labor; failing to report changes in personnel; failing to report the termination of labor use when the enterprise ceases operations;

b) Failing to establish labor books, wage books, social insurance books as prescribed;

c) Failing to return the labor book to the worker within seven working days from the date of termination of the labor contract.

2. A fine of from VND 5,000,000 to VND 15,000,000 shall be imposed on persons who assault, insult the dignity, or personal rights of workers without reaching the level of criminal responsibility under the law or who abuse or force labor as prescribed by labor laws.

3. Measures to remedy consequences:

a) Reporting the use of labor; reporting changes in personnel; reporting the termination of labor use when the enterprise ceases operations as provided for in point a, Clause 1, Article 17 of this Law;

b) Establishing labor books and wage books as provided for in point b, Clause 1, Article 17 of this Law;

c) Returning the labor book to the worker as provided for in point c, Clause 1, Article 17 of this Law.

d) Compensating for medical examination and treatment costs to restore health for workers as provided for in Clause 2, Article 17 of this Law.

PART II. VIOLATIONS OF PROVISIONS ON LABOR SAFETY AND HYGIENE

Article 18. Violations of provisions on equipment for labor safety and hygiene for workers

1. A warning or a fine of from VND 200,000 to VND 1,000,000 shall be imposed on workers who fail to use or misuse protective equipment provided by the employer.

2. A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on employers who fail to provide sufficient protective equipment for workers.

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

a) Failing to have protective barriers for dangerous parts of machines and equipment; failing to have safety instructions posted at workplaces, machine locations, places with hazardous and toxic factors as prescribed;

b) Failing to provide adequate technical, medical equipment, and appropriate personal protective equipment to ensure timely rescue in case of accidents at workplaces with hazardous and toxic factors that easily cause work-related accidents;

c) Failing to provide adequately or providing but not meeting quality standards and specifications for personal protective equipment for workers engaged in hazardous and toxic work.

4. Measures to remedy consequences: compelling employers to provide technical, medical, and personal protective equipment as prescribed for workers when violating the provisions of Clause 2 and Clause 3 of this Article.

Article 19. Violations of provisions on ensuring occupational health safety for workers

1. A fine shall be imposed on employers who commit any of the following acts: failing to implement the system of material allowances for workers engaged in hazardous and toxic work; failing to organize occupational health examinations for workers or conducting periodic health check-ups for insufficient numbers of workers; failing to treat or conduct periodic health check-ups and establish separate health records for workers suffering from occupational diseases, at one of the following levels:

a) From VND 300,000 to VND 2,000,000, when violating with 1 to 10 employees;

b) From VND 2,000,000 to VND 5,000,000, when violating with 11 to 50 employees;

c) From VND 5,000,000 to VND 10,000,000, when the violation involves from fifty-one to one hundred employees;

d) VND 10,000,000 to VND 15,000,000, when violating with 101 to less than 500 employees;

đ) VND 15,000,000 to VND 20,000,000, when violating with 500 employees or more.

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

a) Failing to organize training, guidance, and notification to workers about regulations, safe working methods, and potential workplace accidents;

b) Failing to organize periodic health check-ups and care for workers' health;

c) Failing to comply with regulations regarding decontamination, disinfection, and personal hygiene for workers engaged in hazardous and toxic work;

d) Failing to measure and inspect the environment at workplaces with toxic factors as prescribed;

đ) Failing to classify workers according to the list of occupations and jobs that are arduous, toxic, or dangerous to implement the relevant systems as prescribed.

3. Measures to remedy consequences:

a) Must organize training, guidance on safety measures, potential workplace accidents, and conduct health check-ups, treatment, and establish health records for workers when violating the provisions of Clause 1 and Point a, Point b Clause 2 of this Article;

b) Must compensate for the material allowances for workers as prescribed in monetary terms according to current prices when violating Clause 1 of this Article.

Article 20. Violations of occupational safety and health standards

1. 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) Failing to periodically inspect and repair machinery, equipment, factories, warehouses according to occupational safety and health standards;

b) Violating occupational safety and health regulations in the production, use, storage, retention, storage, and transportation of machinery, equipment, materials, and substances with strict requirements for occupational safety and health;

c) Failing to register machinery, equipment, materials, and substances with strict requirements for occupational safety and health;

d) Failing to ensure workplace standards or failing to periodically measure these standards.

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

a) Failing to provide evidence of safety measures when constructing, renovating facilities for the production, use, storage, retention, and storage of machinery, equipment, materials, and substances with strict requirements for occupational safety and health;

b) Failing to conduct inspections for machinery, equipment, materials, and substances with strict requirements for occupational safety and health;

c) Failing to implement corrective measures or cease operations at workplaces, machines, and equipment with risks of workplace accidents and occupational diseases.

3. Measures to remedy consequences:

a) Order to implement occupational safety and health measures, comply with safety regulations when violating the provisions of Point b, Point d Clause 1 and Point a Clause 2 of this Article;

b) Order to correct and repair machinery and equipment not meeting occupational safety standards according to the List issued by the Ministry of Labor, Invalids and Social Affairs;

c) Order to register with competent authorities machinery, equipment, and substances with strict requirements for occupational safety and health when violating the provision of Point c Clause 1 of this Article.

Article 21. Violations of regulations on occupational accidents and occupational diseases

1. A fine of VND 300,000 to VND 3,000,000 shall be imposed on employers who commit any of the following acts:

a) Failing to implement regulations on handling and arranging work suitable for the health of workers suffering from occupational diseases or occupational accidents as concluded by the Medical Appraisal Board;

b) Failing to pay medical expenses from first aid, emergency care to completion of treatment for persons suffering from occupational accidents or occupational diseases;

c) Failing to provide allowances or supplements to workers when they suffer from occupational accidents or occupational diseases in cases prescribed in Clause 2 and Clause 3 of Article 107 of the Labor Code as amended and supplemented.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on employers who fail to investigate, report, or statistically record occupational accidents or occupational diseases; or who report false information about occupational accidents or occupational diseases; or who fail to periodically report statistics on occupational accidents or occupational diseases as prescribed.

3. Measures to remedy consequences: ordering the repayment of losses suffered by workers when violating the provisions set out in point b and point c of Clause 1 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTY

SECTION I. AUTHORITY TO IMPOSE PENALTIES

Article 22. Authority to impose penalties of People's Committees at all levels

1. The Chairman of the People's Committee of districts, counties, towns under provinces has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To apply supplementary administrative penalty measures as provided for in Clause 2 of Article 4 of this Decree.

d) To apply remedial measures as provided for in points a, b, c, and d of Clause 3 of Article 4 of this Decree.

2. The Chairman of the People's Committee of provinces directly under the Central Government has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To apply supplementary administrative penalty measures as provided for in Clause 2 of Article 4 of this Decree.

d) To apply remedial measures as provided for in Clause 3 of Article 4 of this Decree.

Article 23. Authority to impose penalties of specialized labor inspectors

1. Labor inspectors performing their duties have the authority:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) To confiscate objects, means used in administrative violations up to a value of VND 2,000,000;

d) To apply remedial measures as provided for in points a, b, c, and d of Clause 3 of Article 4 of this Decree.

2. The Chief Inspector of the Department of Labor, Invalids and Social Affairs has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To apply supplementary administrative penalty measures as provided for in Clause 2 of Article 4 of this Decree.

d) To apply remedial measures as provided for in points a, b, c, and d of Clause 3 of Article 4 of this Decree.

3. The Chief Inspector of the Ministry of Labor, Invalids and Social Affairs has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To apply supplementary administrative penalty measures as provided for in Clause 2 of Article 4 of this Decree.

d) To apply remedial measures as provided for in Clause 3 of Article 4 of this Decree.

Article 24. Competence to impose administrative penalties of other agencies

In addition to the subjects specified in Article 22 and Article 23 of this Decree, those authorities with the power to handle administrative violations in the field of labor as prescribed in this Decree within their jurisdiction and area of management, upon discovering such violations, shall have the right to impose penalties, specifically as follows:

1. Those authorities with the power to handle administrative violations in the public security sector as prescribed in Article 31 of the Administrative Penalties Ordinance shall impose penalties on violations in the field of labor related to security and public order, such as violations of regulations on employment, labor contracts, or cases where violators belong to labor-using establishments managed by the Ministry of Public Security.

2. Those authorities with the power to inspect occupational safety and hygiene in fields prescribed in Clause 3 of Article 191 of the Labor Code, when conducting inspections, have the authority to impose administrative penalties for violations of labor laws equivalent to the inspection authority for labor as prescribed in this Decree.

PART II. PROCEDURES FOR ADMINISTRATIVE PENALTIES

Article 25. Principles for Determining Competence to Impose Administrative Penalties under Labor Law

1. For acts of administrative violations under labor law that fall within the jurisdiction of multiple state management agencies, the agency that first receives the case shall impose penalties according to the provisions of this Decree.

2. The competence to impose penalties stipulated in Articles 22, 23, and 24 applies to each individual act of administrative violation.

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

3. In cases where an individual commits multiple acts of administrative violation, the competence to impose penalties shall be determined according to the following principles:

a) If the form and level of penalty prescribed for each act all fall within the competence of the person imposing the penalty, then such competence remains with that person;

b) If the form and level of penalty prescribed for one of the acts exceed the competence of the person imposing the penalty, then that person must transfer the case to the authority with the appropriate competence to impose penalties;

c) If the acts fall within the competence of multiple persons from different agencies, then the competence to impose penalties belongs to the Chairman of the People's Committee at the level with the appropriate competence to impose penalties where the violation occurred.

Article 26. Delegation of Authority to Impose Administrative Penalties

The authorities competent to impose administrative penalties as stipulated in Articles 22, 23, and 24 of this Decree may delegate their authority to impose penalties to their deputies. Such delegation must be made in writing. The deputy receiving the delegation is responsible for their decision to impose penalties before their superior and under the law.

Article 27. Procedures for Imposing Administrative Penalties and Enforcing Penalty Decisions

1. The procedures for imposing administrative penalties for violations of labor law and the enforcement of penalty decisions shall be carried out according to the provisions of Articles 54 to 68 of Chapter VI of the Administrative Violation Handling Ordinance 2002 and the provisions of Clauses 21, 22, 24, 25, 26, and 28 of Article 1 of the Administrative Violation Handling Ordinance 2008.

2. The templates for the minutes and decisions on administrative penalties for violations of labor law shall be issued together with the Appendix of this Decree.

Article 28. Publicizing Information on Violations of Labor Law and Results of Handling

1. Individuals and subjects competent to impose penalties have the responsibility to publicly announce at least once within thirty days from the date of issuing the penalty decision through mass media such as central or local television stations, central or provincial radio stations, newspapers like the Labor and Social Affairs newspaper, the People's Newspaper, etc., regarding the situation of labor law violations by enterprises when they violate the provisions of Clauses 2 and 3 of Article 7; Clauses 3 and 4 of Article 8; Clauses 2, 3, 4, and 5 of Article 10; Clauses 1 and 2 of Article 11; Clause 3 of Article 12; Points c, d, đ, e, g, h, i, k, l, and m of Clause 1 and Points a and b of Clause 2 of Article 13; Points c, d, and đ of Clause 2 of Article 15; Clause 2 of Article 16; Clause 2 of Article 17; Clauses 2 and 3 of Article 18; Point d of Clause 1 of Article 20; Clause 1 of Article 21, and the handling of violations according to the law.

2. Mass media have the responsibility to publish information about enterprise violations within seven working days from the date of receiving the request from the competent authority to publicly announce enterprise violations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 29. Effective Date

This Decree takes effect from June 25, 2010.

This Decree replaces Government Decree No. 113/2004/NĐ-CP dated April 16, 2004, which stipulates administrative penalties for violations of labor law.

Article 30. Responsibilities for Guidance and Implementation

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

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.

이 문서의 원본 파일을 업데이트하는 중입니다. 전문을 먼저 확인하시고 나중에 다시 확인해 주세요.