Consolidated Document number 4756/VBHN-BLDTBXH stipulates administrative penalties for violations in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts.

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 4756/VBHN-BLDTBX	Hanoi, November 19, 2015

DECREE

REGULATIONS ON ADMINISTRATIVE PENALTIES IN THE FIELD OF LABOUR, SOCIAL INSURANCE, AND SENDING VIETNAMESE WORKERS TO WORK ABROAD UNDER CONTRACTS

Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on administrative penalties in the field of labour, social insurance, and sending Vietnamese workers to work abroad under contracts, which took effect from October 10, 2013, was amended and supplemented by:

Decree No. 88/2015/ND-CP dated October 7, 2015 of the Government amending and supplementing certain articles of Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on administrative penalties in the field of labour, social insurance, and sending Vietnamese workers to work abroad under contracts, which took effect from November 25, 2015.

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

Pursuant to the Law on Administrative Sanctions dated June 20, 2012;

Pursuant to the Labour Code dated June 18, 2012;

Pursuant to the Social Insurance Law dated June 29, 2006;

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

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree on administrative penalties in the field of labour, social insurance, and sending Vietnamese workers to work abroad under contracts,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates acts of violation, forms of penalty, amounts of fines, measures to remedy consequences, authority to impose penalties, and procedures for administrative violations in the fields of labour, social insurance, and sending Vietnamese workers to work abroad under contracts.

Article 2. Applicability

1. Employers.

2. Workers.

3. Individuals and organizations that commit administrative violations as prescribed in this Decree.

Article 3. Provisions on fines for administrative violations in the field of labour, social insurance, and sending Vietnamese workers to work abroad under contracts

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1. The amount of fine prescribed for violations stipulated in Chapters II, III, and IV of this Decree applies to individuals, except for cases prescribed in Clauses 1, 2, and 3 of Article 4, Clauses 2, 4, and 6 of Article 9, Clause 7 and Clause 8 of Article 17, Clause 4 of Article 28, and Articles 29 through 34 of this Decree. The amount of fine for organizations is twice the amount of fine for individuals.

2. The authority to impose administrative penalties stipulated in Chapter V of this Decree is the authority to impose penalties on individuals. In cases of fines, the authority to impose penalties on organizations is twice the authority to impose penalties on individuals.

Chapter II

VIOLATIONS, FORMS OF PENALTY, AND MEASURES TO REMEDY CONSEQUENCES FOR VIOLATIONS IN THE FIELD OF LABOUR

Article 4. Violations of regulations on employment services

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1. Warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on enterprises engaged in employment services for their act of announcing employment service activities not in accordance with the provisions of the law.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for each worker involved when enterprises engaged in employment services charge fees for employment services exceeding the prescribed limit.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on enterprises engaged in employment services for their act of providing false or misleading information about job positions.

4. A fine of VND 45,000,000 to VND 60,000,000 shall be imposed on the act of engaging in employment services without a valid Employment Service Operation Permit issued by the competent authority or using an expired Employment Service Operation Permit.

5. Measures to remedy consequences:

a) Order enterprises engaged in employment services to refund workers the excess fees collected for employment services in violation of Clause 2 of this Article;

b) Order the refund of employment service fees collected to workers in violation of Clause 4 of this Article.”

Article 4a. Violations concerning recruitment and management of labor

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

a) Not publicly announcing the demand for labor recruitment or announcing less than five working days before accepting applications from workers, or announcing without ensuring the basic contents as prescribed by law;

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

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

a) Collecting money from workers participating in labor recruitment;

b) Not establishing a labor management ledger; not establishing the labor management ledger within the prescribed time limit, not ensuring the 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.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of discriminating against gender, ethnicity, skin color, social status, marital status, belief, religion, HIV infection, disability in recruitment, employment, and labor management.

4. Measures to remedy consequences: Compel employers to refund workers the amount of money collected for violations stipulated in Point a Clause 2 of this Article.

Article 5. Violations concerning the conclusion of labor contracts

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1. A fine shall be imposed on employers for any of the following acts: Not concluding a labor contract in writing for work lasting more than three months; not concluding the correct type of labor contract with workers; concluding a labor contract without all essential contents of the labor contract; concluding a labor contract in the case of hiring workers as directors in state-owned enterprises not in accordance with the provisions of the law, at one of 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 workers or more.

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

a) Retaining the original identity cards, certificates, and diplomas of workers;

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

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

3. Measures to remedy consequences:

a) Compel the return of the original identity cards, certificates, and diplomas retained from workers for violations stipulated in Point a Clause 2 of this Article;

b) Compel the return of 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 violations stipulated in Point b Clause 2 of this Article.

Article 6. Violation of probation period regulations

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1. Warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed on the employer for 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 from VND 2,000,000 to VND 5,000,000 shall be imposed on the employer for any of the following acts:

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

b) Exceeding the probation period as prescribed;

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:

Obligation to pay the full 100% of the salary for that job to the worker for violations stipulated in Point a Clause 1, Point a, Point b and Point c Clause 2 of this Article.

Article 7. Violation of labor contract implementation regulations

1. Warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed on the employer who does not notify the worker in writing at least 15 days before the expiration date of the fixed-term labor contract.

2. A fine from VND 3,000,000 to VND 7,000,000 shall be imposed on the employer for any of the following acts:

a) Assigning workers to work at a location different from the agreed location in the labor contract, except in cases provided for in Article 31 of the Labor Code;

b) Not accepting workers back to work after the temporary suspension of the labor contract has expired, except where the employer and the worker have agreed otherwise;

c) Transferring workers to other jobs different 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. Remedial measures: Obligation to pay wages to workers during the period when they were not accepted back to work after the temporary suspension of the labor contract has expired for violations stipulated in Point b Clause 2 of this Article.

Article 8. Violation of labor contract amendment, supplementation, termination regulations

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1. Fine shall be imposed on the employer for 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; failing to comply with the prescribed deadlines for payment of benefits to workers upon termination of the labor contract; not paying or paying insufficient severance pay, unemployment assistance to workers as prescribed by law; not paying or paying insufficient compensation to workers when unilaterally terminating the labor contract contrary to the law; not completing the procedures for confirmation and return of other documents held from workers after termination of the labor contract as prescribed by law at one of 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 workers or more.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on the employer for 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 without notifying the provincial labor management agency at least 30 days in advance in cases of structural change, technological change, or economic reasons;

b) Not preparing a labor utilization plan as prescribed by law.

3. Measures to remedy consequences:

a) Obligation to pay the full amount of severance pay, unemployment assistance, and compensation for unilateral termination of the labor contract contrary to the law to the worker plus interest on the unpaid amount calculated at the highest interest rate for non-fixed-term deposits announced by state commercial banks at the time of punishment for failure to pay or insufficient payment of severance pay, unemployment assistance, and compensation to workers as stipulated in Clause 1 of this Article;

b) Obligation to complete the procedures for confirmation and return of other documents held for the worker for failure to complete the procedures for confirmation and return of other documents held from the worker after termination of the labor contract as stipulated in Clause 1 of this Article.

Article 9. Violations concerning the provision of labor leasing services

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1. A warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed on the labor leasing service provider that commits any 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 from VND 1,000,000 to VND 3,000,000 shall be imposed on the enterprise providing labor leasing services that commits any of the following acts:

a) Failing to establish a record clearly stating the number of workers leased out, the labor leasing service provider, and the leasing fee;

b) Failing to notify or providing false information to the workers about the content of the labor leasing contract;

c) Failing to send a written notice to the Department of Labor, Invalids and Social Affairs regarding the location, area, start date of operation, and key management personnel of the enterprise, as well as changes to such personnel and the charter capital of the enterprise, as stipulated by law; failing to report the situation of labor leasing activities as required by law.

3. A fine shall be imposed on the labor leasing service provider for any of the following acts: allowing another employer to lease out workers already leased; charging fees to leased workers; using leased workers beyond the leasing period according to the following levels:

a) From VND 5,000,000 to VND 10,000,000 for violations involving from 01 to 10 workers;

b) From VND 10,000,000 to VND 20,000,000 for violations involving from 11 to 50 workers;

c) From VND 20,000,000 to VND 30,000,000 for violations involving from 51 to 100 workers;

d) From VND 30,000,000 to VND 40,000,000 for violations involving from 101 to 300 workers;

đ) From VND 40,000,000 to VND 50,000,000 for violations involving 301 workers or more.

4. A fine shall be imposed on the labor leasing service provider for any of the following acts: paying wages to leased workers lower than the wages of workers with the same qualifications performing the same or equivalent work at the leasing service provider; paying wages and other benefits to leased workers lower than what was agreed upon with the leasing service provider; conducting leasing without the consent of the workers according to the following levels:

a) From VND 10,000,000 to VND 20,000,000 for violations involving from 01 to 10 workers;

b) From VND 20,000,000 to VND 40,000,000 for violations involving from 11 to 50 workers;

c) From VND 40,000,000 to VND 60,000,000 for violations involving from 51 to 100 workers;

d) From VND 60,000,000 to VND 80,000,000 for violations involving from 101 to 300 workers;

đ) From VND 80,000,000 to VND 100,000,000 for violations involving 301 workers or more.

5. A fine from VND 50,000,000 to VND 75,000,000 shall be imposed on the act of providing labor leasing services without a labor leasing service operation permit.

6. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed on the labor leasing service provider that commits any of the following acts:

a) Allowing another enterprise to use its labor leasing service operation permit to provide labor leasing services;

b) Leasing workers in industries or jobs not permitted by law;

c) Leasing workers beyond the leasing period as prescribed;

d) Leasing workers between the leasing enterprise and another enterprise within a parent company-subcompany or economic group where the leasing enterprise is a member company.

7. Additional forms of administrative sanction:

a) Suspension of the right to use the labor leasing service operation permit for a period of from 01 to 03 months for violations as stipulated in Clause 4 of this Article;

b) Suspension of the right to use the labor leasing service operation permit for a period of from 06 to 12 months for violations as stipulated in Clause 6 of this Article.

8. Measures to remedy consequences:

a) Compelling the return of all fees collected from leased workers for violations as stipulated in Clause 3 of this Article;

b) Compelling the labor leasing service provider to pay the difference in wages to the workers for violations as stipulated in Clause 4 of this Article;

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

Article 10. Violation of provisions on training, development, and improvement of occupational skills

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

a) Not establishing and implementing annual plans for training, development, and improvement of occupational skills for their employees;

b) Not reporting the results of training, development, and improvement of occupational skills to provincial labor management authorities in the annual report on labor.

2. A fine shall be imposed on employers who commit any of the following acts: not providing vocational training before transferring employees to another job or profession; not entering into vocational training contracts with trainees or apprentices; not paying wages to trainees during their training or apprenticeship periods when they directly participate in or contribute to producing compliant products; not entering into employment contracts with trainees or apprentices upon completion of their training or apprenticeship periods, according to the following levels:

a) From VND 500,000 to VND 2,000,000 for violations involving from one to ten employees.

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 workers or more.

3. A fine from 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) Recruiting individuals under the age of fourteen for vocational training or apprenticeship, except for professions or jobs permitted by law.

4. Measures to remedy consequences:

a) Order to pay wages to trainees or apprentices when wages were not paid during their training or apprenticeship periods while they directly participated in or contributed to producing compliant products, as stipulated in Clause 2 of this Article;

b) Order to return unlawful profits obtained from 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 stipulated in Point a of Clause 3 of this Article.

Article 11. Violation of provisions on dialogue at the workplace

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

a) Not strictly implementing the grassroots democracy regulations at the workplace as prescribed by law;

b) Not arranging a location and ensuring other material conditions for dialogue at the workplace.

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

a) Not conducting regular dialogue at the workplace every three months;

b) Not conducting dialogue when requested by representatives of the workforce.

Article 12. Violation of provisions on collective bargaining and collective labor agreements

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

a) Not submitting collective labor agreements to provincial labor management authorities;

b) Not covering costs for collective bargaining, signing, amending, supplementing, submitting, and publicizing collective labor agreements;

c) Not publicizing the contents of signed collective labor agreements for employees to know.

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

a) Not providing information about business operations when requested by the workforce for collective bargaining;

b) Not conducting collective bargaining to sign or amend collective labor agreements when requested by the party requesting collective bargaining.

3. A fine 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 13. Violation of wage regulations

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1. A warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed on employers who fail to submit the wage scale, salary table, and labor quota to the competent state management agency at the district level as prescribed.

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

a) Failure to establish the wage scale, salary table, and labor quota, or establishing them in violation of the provisions of the law;

b) Using the wage scale, salary table, and labor quota in violation of the provisions after receiving comments for amendment and supplementation from the competent state management agency at the district level;

c) Failure to publicly announce the wage scale, salary table, labor quota, and bonus regulations at the workplace;

d) Failure to notify workers of the payment method at least ten days before implementation.

3. A fine shall be imposed on employers who commit any of the following acts: paying wages late; paying wages lower than the levels specified in the wage scale and salary table submitted to the competent state management agency at the district level; failing to pay or paying insufficient amounts for overtime wages, night shift wages, and wages during suspension of work as stipulated by law; deducting wages from workers in violation of the law; paying wages in violation of the law when temporarily transferring workers to other jobs different from those specified in their labor contracts, during temporary cessation of work, during strikes, and for annual leave days not taken, according to one of the following levels:

a) From VND 5,000,000 to VND 10,000,000 for violations involving from 01 to 10 workers;

b) From VND 10,000,000 to VND 20,000,000 for violations involving from 11 to 50 workers;

c) From VND 20,000,000 to VND 30,000,000 for violations involving from 51 to 100 workers;

d) From VND 30,000,000 to VND 40,000,000 for violations involving from 101 to 300 workers;

đ) From VND 40,000,000 to VND 50,000,000 for violations involving 301 workers or more.

4. 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 fifty-one or more workers.

5. 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 who are not subject to mandatory social insurance, health insurance, and 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 eleven to fifty workers;

c) From VND 8,000,000 to VND 12,000,000 for violations involving from fifty-one to one hundred workers;

d) From VND 12,000,000 to VND 15,000,000 for violations involving from 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 workers or more.

6. Additional penalty measures: Suspension of operations for one to three months for employers who violate the provisions set forth in Clause 4 of this Article.

7. Measures to remedy consequences:

a) Order to pay the full amount of wages due plus interest on the overdue wages calculated at the highest interest rate for non-term deposits published by state commercial banks at the time of punishment for violations under Clause 3 and Clause 4 of this Article;

b) Order to pay the full amount corresponding to the mandatory social insurance contributions, health insurance contributions, unemployment insurance contributions, and annual leave pay for workers for violations under Clause 5 of this Article.

Article 14. Violations concerning working hours and rest time

1.13 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) Failing to ensure that workers have rest during working hours, shift change breaks, personal affairs leave, and unpaid leave as prescribed;

b) Failing to reduce working hours for workers in their last year before retirement as stipulated by law;

c) Failing to notify in writing the specialized agency assisting the provincial People's Committee or the municipal People's Committee under the central government managing labor affairs at the local level about the organization of overtime work exceeding 200 hours up to 300 hours in a year.

2. A fine shall be imposed on employers who violate regulations on weekly rest days, annual leave, and holidays as follows:

a) From VND 500,000 to VND 1,000,000 for violations involving from one to ten workers;

b) From VND 1,000,000 to VND 3,000,000 for violations involving from eleven to fifty workers;

c) From VND 3,000,000 to VND 7,000,000 for violations involving from fifty-one to one hundred workers;

d) From VND 7,000,000 to VND 10,000,000 for violations involving from one hundred and one to three hundred workers;

đ) From VND 10,000,000 to VND 15,000,000 for violations involving three hundred and one workers or more.

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

a) Exceeding the number of regular working hours as prescribed in Article 104 of the Labor Code;

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

4. A fine of VND 25,000,000 to VND 50,000,000 shall be imposed on employers who mobilize workers to work overtime beyond the number of hours prescribed in Point b Clause 2 Article 106 of the Labor Code or more than twelve hours in one day when working overtime on public holidays and weekly rest days.

5. Additional form of punishment: Suspension of operation for one to three months for employers who violate the provisions of Clause 4 of this Article.

Article 15. Violations concerning labor discipline and material responsibility

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1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on employers who fail to publicly announce or post the labor regulations in necessary places within the enterprise.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on the employer for 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-level state management agency for labor affairs;

c) Using labor regulations that have not been registered or have been registered but are not yet effective or have expired;

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

3. 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) Violating the physical body or dignity of workers when handling labor discipline;

b) Using monetary penalties or salary deductions instead of handling labor discipline;

c) Handling labor discipline against workers whose violations are not specified in the labor regulations.

4. Measures to remedy consequences:

a) Compelling the return of the amount collected or paying full wages to workers for the violation prescribed in Point b Clause 3 of this Article;

b) Compelling the re-employment of workers and paying full wages to workers corresponding to the days off for the violations prescribed in Point d Clause 2 and Point c Clause 3 of this Article.

Article 16. Violations of regulations on occupational safety and labor hygiene

1. 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) Not seeking opinions from the representative organizations of workers at the workplace when formulating plans or implementing activities to ensure occupational safety and labor hygiene;

b) Not inspecting and evaluating hazardous factors at the workplace;

c) Not assigning personnel for occupational safety and labor hygiene work;

d) Not regularly reporting or falsely reporting about occupational accidents, occupational diseases, serious incidents as prescribed by law.

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

a) Not regularly measuring harmful factors at the workplace as prescribed;

b) Not formulating measures to ensure occupational safety and labor hygiene for workplaces of workers when constructing, expanding, or renovating facilities for production, use, storage, or retention of machinery, equipment, materials, substances with strict requirements for occupational safety and labor hygiene;

c) Not ensuring conditions for occupational safety and labor hygiene for workshops as prescribed;

d) Violating national technical standards on occupational safety and labor hygiene or standards on occupational safety and labor hygiene applied in production, use, storage, transportation of machinery, equipment, materials, energy, electricity, chemicals, plant protection products, technological changes, or importation of new technology;

đ) Not regularly inspecting and maintaining machinery, equipment, workshops, warehouses as prescribed;

e) Not having safety and labor hygiene instructions for machinery, equipment, workplaces or having them but not placing them in easily readable and visible locations at the workplace;

g) Not equipping adequate technical and medical means to ensure timely rescue in case of incidents or occupational accidents;

h) Not assigning personnel with appropriate expertise to serve as dedicated officers for occupational safety and labor hygiene in production and business establishments in sectors with high risks of occupational accidents and occupational diseases;

i) Not classifying workers according to the list of heavy, dangerous, and particularly heavy, dangerous, and hazardous jobs to implement prescribed benefits;

k) Not reporting and investigating occupational accidents and serious incidents;

l) Not paying the co-payment portion and other costs not covered by health insurance for workers participating in health insurance; not paying the full medical expenses from first aid, emergency care to stable treatment for workers not participating in health insurance;

m) Not implementing assistance and compensation for workers suffering from occupational accidents and occupational diseases as prescribed.

3. Measures to remedy consequences:

a) Order employers to formulate plans on measures to ensure occupational safety and labor hygiene for workers' workplaces when constructing, expanding, or renovating facilities for production, use, storage, or retention of machinery, equipment, materials, substances with strict requirements for occupational safety and labor hygiene, if they violate the provisions of Point b Clause 2 of this Article;

b) Implement national technical standards and safety and labor hygiene standards already published and applied regarding violations of the provisions of Points c and d Clause 2 of this Article;

c) Order employers to equip technical and medical means for violations of the provisions of Point g Clause 2 of this Article;

d) Order employers to pay the co-payment portion and other costs not covered by health insurance for workers participating in health insurance; pay the full medical expenses from first aid, emergency care to stable treatment for workers not participating in health insurance for violations of the provisions of Point l Clause 2 of this Article;

đ) Order payment of assistance and compensation for workers plus interest calculated at the maximum rate applicable to non-fixed-term deposits announced by the State Bank of Vietnam at the time of punishment for the amount of assistance and compensation for violations of the provisions of Point m Clause 2 of this Article.

Article 17. Violations concerning the prevention of workplace accidents and occupational diseases

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

a) Failing to promptly report to responsible persons upon discovering potential causes of workplace accidents, occupational diseases, harmful substances, or dangerous incidents;

b) Failing to participate in emergency response and aftermath management of workplace accidents when ordered by employers;

c) Failing to use personal protective equipment provided or using such equipment for purposes other than intended.

2. A fine shall be imposed on employers who fail to organize safety and hygiene training for workers, apprentices, and trainees in accordance with the provisions of the law, as follows:

a) From VND 1,000,000 to VND 3,000,000 for violations involving one to ten people;

b) From VND 3,000,000 to VND 5,000,000 for violations involving eleven to fifty people;

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

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

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

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

a) Failing to immediately implement measures to mitigate or stop operations of machinery, equipment, or workplaces that pose risks of workplace accidents or occupational diseases;

b) Failing to treat or conduct regular health check-ups or establish separate health records for workers suffering from occupational diseases;

c) Not having a certificate of safety and hygiene training as prescribed;

d) Using personnel for safety and hygiene work without a certificate of safety and hygiene training as prescribed;

đ) Failing to inform workers about workplace accident situations, occupational diseases, hazardous factors, and safety and hygiene measures at the workplace;

e) Failing to organize regular health check-ups for workers as prescribed;

g) Failing to organize occupational disease examinations for workers as prescribed;

h) Failing to assign suitable work for workers suffering from occupational diseases or workplace accidents according to the conclusion of the Medical Appraisal Board;

i) Failing to implement decontamination and disinfection measures for workers working in places with toxic or infectious factors after working hours.

4. A fine shall be imposed on employers who commit any of the following acts: Failing to fully equip personal protective equipment or equipping but not meeting quality and specification standards according to technical regulations for jobs with hazardous and toxic factors; failing to implement a system of material compensation for workers working under hazardous and toxic conditions; providing material compensation for workers engaged in hazardous and dangerous work not in accordance with the prescribed level; paying money instead of material compensation as follows:

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

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

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

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

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

5. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed on employers who fail to provide timely emergency care and thorough treatment for workers injured in workplace accidents for each worker involved.

6. A fine shall be imposed on employers who violate regulations on the use of machinery, equipment, and materials with strict requirements for workplace safety as follows:

a) From VND 1,000,000 to VND 3,000,000 for the act of failing to report to competent authorities the inspection results of machinery, equipment, and materials with strict requirements for workplace safety;

b) From VND 3,000,000 to VND 5,000,000 for the act of failing to declare before putting into use machinery, equipment, and materials with strict requirements for workplace safety;

c) From VND 50,000,000 to VND 75,000,000 for the act of continuing to use machinery, equipment, and materials with strict requirements for workplace safety that have been inspected but the inspection results did not meet the requirements;

d) Two to three times the total value of the inspection fees for machinery, equipment, and materials that were not inspected before being put into use or not inspected regularly as required by law.

7. A fine shall be imposed on organizations conducting safety and hygiene training services that violate regulations on safety and hygiene training activities as follows:

a) From VND 2,000,000 to VND 5,000,000 for any of the following acts: Failing to report safety and hygiene training service activities as prescribed; using false or inaccurate documents to request certification of eligibility for training activities without reaching the level of criminal prosecution;

b) From VND 5,000,000 to VND 10,000,000 for any of the following acts: Conducting training not in accordance with the content and program; failing to ensure conditions regarding instructors and facilities when organizing training; failing to maintain the prescribed conditions for training service activities according to the certification of eligibility for training;

c) From VND 20,000,000 to VND 25,000,000 for any of the following acts: Issuing certificates or certificates of training without conducting training; issuing certificates or certificates to incorrect training subjects; conducting training outside the scope specified in the certification of eligibility for training activities;

d) From VND 25,000,000 to VND 50,000,000 for any of the following acts: Using false or inaccurate documents in training activities without reaching the level of criminal prosecution; cheating in training activities.

d) From VND 50,000,000 to VND 75,000,000 when committing any of the following acts: Conducting training activities without a certificate of qualification for training activities or with a certificate of qualification for training activities that has expired.

8. Imposing a fine on organizations conducting occupational safety and health technical inspection services for violations of regulations on occupational safety and health technical inspections as follows:

a) From VND 3,000,000 to VND 5,000,000 for any of the following acts: Failing to report occupational safety and health technical inspection activities as required; using false or inaccurate documents to request a certificate of qualification for inspection activities before reaching the level of criminal prosecution;

b) From VND 5,000,000 to VND 10,000,000 for any of the following acts: Failing to maintain the conditions for inspection activities as stipulated in the certificate of qualification for inspection activities; failing to report to the competent authority on the status of inspection activities for a continuous period of 18 months as required;

c) From VND 40,000,000 to VND 50,000,000 for any of the following acts: Conducting inspection activities outside the scope specified in the certificate of qualification for inspection activities; not complying with the inspection procedures;

d) From VND 50,000,000 to VND 70,000,000 for any of the following acts: Altering the contents of the certificate of qualification for inspection activities; using false or inaccurate documents during inspections before reaching the level of criminal prosecution; engaging in fraudulent activities during inspections;

đ) From VND 70,000,000 to VND 100,000,000 for any of the following acts: Providing inspection results that are not true; providing inspection results without conducting inspections;

e) From VND 100,000,000 to VND 150,000,000 for any of the following acts: Conducting inspection activities without a certificate of qualification for inspection activities or with a certificate of qualification for inspection activities that has expired.

9. Imposing a fine from VND 2,000,000 to VND 4,000,000 on inspectors who commit any of the following acts:

a) Failing to comply with the published inspection procedures or those issued by the competent authority;

b) Conducting inspections without an inspector certification or with an expired inspector certification or outside the scope specified in the certification.

10. Additional forms of punishment:

a) Suspending training activities for one to three months for organizations conducting occupational safety and health training services that violate the provisions set out in Point b Clause 7 Article this;

b) Revoking the right to use the certificate of qualification for occupational safety and health training services for one to six months for organizations conducting occupational safety and health training services that violate the provisions set out in Points c and d Clause 7 Article this;

c) Suspending inspection activities for one to three months for organizations conducting occupational safety and health technical inspection services that violate the provisions set out in Point b Clause 8 Article this;

d) Revoking the right to use the certificate of qualification for occupational safety and health technical inspection services for one to six months for organizations conducting occupational safety and health technical inspection services that violate the provisions set out in Points c, d, and đ Clause 8 Article this;

đ) Revoking the right to use the inspector certification for one to three months for violations of the provisions set out in Point a Clause 9 Article this.

11. Remedial measures:

a) Ordering the cessation of use of machines, equipment, and workplaces that pose a risk of work accidents or occupational diseases for violations of the provisions set out in Point a Clause 3 Article this;

b) Ordering the provision of adequate personal protective equipment meeting quality and specification standards according to relevant technical regulations for workers engaged in hazardous and toxic jobs for violations of the provisions set out in Clause 4 Article this;

c) Ordering the cessation of use of machinery, equipment, and materials with strict requirements for occupational safety as provided for in the regulations for violations of the provisions set out in Points c and d Clause 6 Article this;

d) Ordering the repayment of training costs plus interest calculated at the highest non-term deposit rate announced by state commercial banks at the time of punishment for violations of the provisions set out in Points b, c, d, and đ Clause 7 Article this;

đ) Ordering the repayment of inspection costs plus interest calculated at the highest non-term deposit rate announced by state commercial banks at the time of punishment for violations of the provisions set out in Points c, d, đ, and e Clause 8 Article this.

Article 18. Violations concerning female workers

1. A warning or a fine from 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 related to their rights and interests;

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 who commit any of the following acts:

a) Using female workers for overtime work, night shifts, or distant travel assignments during pregnancy from the seventh month or sixth month if working in mountainous, remote, border, or island areas; or while nursing children under 12 months old;

b) Not implementing job transfers or reduced working hours for pregnant female workers from the seventh month who are engaged in heavy work as stipulated in Clause 2, 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) Not ensuring the previous job position for female workers returning to work after maternity leave as stipulated in Clause 1 and Clause 3, Article 157 of the Labor Code;

đ) Disciplining female workers who are pregnant, on maternity leave, or nursing children under 12 months old as prescribed by laws on social insurance;

e) Dismissing or unilaterally terminating labor contracts with female workers due to marriage, pregnancy, maternity leave, or nursing children under 12 months old, except in cases where the employer is an individual who has died, been declared incapacitated by a court, missing, or deceased, or the employer is not an individual and has ceased operations;

g) Using female workers for jobs prohibited for female workers as stipulated in Article 160 of the Labor Code.

Article 19. Violations concerning underage workers

1. A warning shall be issued to employers who fail to maintain separate records when employing underage workers or fail to present such records upon request by authorized state agencies.

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 individuals under 15 years old without entering into a written labor contract with their legal representatives;

b) Employing underage workers beyond the working hours prescribed in Clause 2, Article 163 of the Labor Code;

c) Employing individuals aged 15 to under 18 years for overtime work or night shifts, except for certain occupations and tasks permitted by law;

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

a) Employing underage workers in jobs or workplaces prohibited for them as stipulated in Article 165 of the Labor Code;

b) Employing individuals under 15 years old in jobs outside the list of permitted jobs as stipulated in Clause 1 and Clause 3, Article 164 of the Labor Code.

Article 20. Violations concerning 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 reimbursing transportation costs for domestic workers returning to their place of residence upon termination of employment, except in cases where the domestic worker terminates the labor contract prematurely;

2.16 A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on employers who retain the original identity documents of domestic workers.

3. Measures to remedy consequences:

a) Compelling employers to reimburse transportation costs for domestic workers in violation of Point b, Clause 1 of this Article;

b) Compelling employers to return identity documents to domestic workers in violation of Clause 2 of this Article.

Article 21. Violation of provisions on senior workers

1. Warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed on employers who employ senior workers receiving monthly pension but fail to pay social insurance and health insurance premiums as prescribed.

2. A fine 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.

3. Remedial measures: Compel employers to refund social insurance and health insurance premiums for violations under Clause 1 of this Article.

Article 22. Violation of provisions on foreign workers working in Vietnam

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1. Deport foreign workers working in Vietnam who commit any of the following acts:

a) Working without a labor permit as prescribed by law, except in cases not eligible for a labor permit;

b) Using an expired labor permit.

2. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed on employers who fail to report the situation of using foreign workers to the competent state management agency on labor or report but do not ensure the contents and deadlines as prescribed by law.

3. A fine shall be imposed on employers who use foreign workers to work in Vietnam without a labor permit or without a confirmation letter stating they are not eligible for a labor permit or use foreign workers with an expired labor permit at one of the following levels:

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

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

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

4. Additional sanctions: Suspension of operations for one to three months for employers who violate the provisions under Clause 3 of this Article.

Article 22a. Violation of provisions on recruitment and employment of Vietnamese workers for organizations and individuals from foreign countries in Vietnam

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1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on the act of employing Vietnamese workers but failing to report to the competent organization authorized to recruit and manage Vietnamese workers about the recruitment and employment of Vietnamese workers as prescribed by law.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of employing Vietnamese workers without submitting a written notification along with a copy of the signed labor contract with Vietnamese workers to the competent organization authorized to recruit and manage Vietnamese workers working for organizations and individuals from foreign countries in Vietnam as prescribed by law.

Article 23. Violation of provisions on resolving labor disputes

1. Warning shall be imposed on workers who participate in strikes after a decision to postpone or stop the strike has been made by the Chairman of the People's Committee of the province or centrally-run city.

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

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

b) Obstructing workers who do not participate in the strike from going to work;

c) Destroying machines, equipment, or property of workers or disrupting public order and safety during a strike or taking advantage of a strike to commit other illegal acts.

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

a) Terminating a labor contract or disciplining workers, leaders of strikes, or transferring workers, leaders of strikes to other jobs or places of work due to reasons related to preparing for or participating in a strike;

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

c) Temporarily closing the workplace in accordance with Article 217 of the Labor Code.

4. Remedial measures: Compel employers to pay wages to workers during the temporary closure of the workplace for violations under Point c Clause 3 of this Article.

Article 24. Violation of provisions on ensuring the implementation of trade union rights

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

a) Not providing workplace, not ensuring necessary working tools for trade union officers;

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

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

d) Not providing information, not cooperating, not creating favorable conditions for the trade union to exercise its rights and responsibilities in representing and protecting the legitimate and rightful interests of workers.

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

a) Refusing requests, dialogue, negotiation from the trade union;

b) Not agreeing in writing with the Executive Board of the grassroots trade union or the Executive Board of the directly superior-level trade union when unilaterally terminating labor contracts, transferring workers to other jobs according to labor contracts, disciplining or dismissing workers who are non-professional trade union officers.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on acts of abusing trade union rights to violate laws, infringing upon the interests of the State, the rights and legitimate interests of agencies, organizations, enterprises, and individuals.

4. Measures to remedy consequences:

a) Must ensure necessary working conditions for trade unions, allocate time for those engaged in trade union work for violations stipulated in Point a and Point b Clause 1 of this Article;

b) Must rehire workers to return to work for violations stipulated in Point b Clause 2 of this Article.

Article 24a. Violation of provisions on discrimination based on reasons for establishment, joining, and trade union activities

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

a) Discrimination in wages, working hours, and other rights and obligations in labor relations aimed at hindering the establishment, joining, and trade union activities of workers;

b) Not extending labor contracts for non-professional trade union officers during their term of office when the labor contracts expire;

c) Disciplining or unlawfully terminating labor contracts with workers due to reasons related to establishment, joining, and trade union activities;

d) Harassing, mistreating, obstructing, or refusing career advancement to trade union officers;

đ) Providing false information to undermine the reputation of trade union officers 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 officers;

b) Interfering, obstructing the election or selection of trade union officers;

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

3. Measures to remedy consequences:

a) Compel extension of labor contracts for non-professional trade union officers for violations stipulated in Point b Clause 1 of this Article;

b) Compel rehiring of workers to return to work and pay full wages, social insurance, and health insurance for days when workers were not allowed to work for violations stipulated in Point c Clause 1 of this Article;

c) Compel correction of false information for violations stipulated in Point đ Clause 1 of this Article.

Article 24b. Violation of provisions on using economic measures or other measures causing disadvantage to trade union organizations and activities

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

a) Not paying wages to workers engaged in non-professional trade union work during trade union activities;

b) Not allowing workers engaged in professional trade union work to enjoy collective benefits and welfare like other workers in the same organization;

c) Implementing economic measures affecting workers to prevent them from joining or engaging in trade union activities.

2. Measures to remedy consequences:

a) Compel payment of wages to workers engaged in non-professional trade union work during trade union activities for violations stipulated in Point a Clause 1 of this Article;

b) Compel provision of collective benefits and welfare to workers engaged in professional trade union work like other workers in the same organization for violations stipulated in Point b Clause 1 of this Article.

Article 24c. Violation of provisions on payment of union fees

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1. A fine of from 12% to less than 15% of the total amount of union fees payable at the time of issuance of the administrative violation notice, but not exceeding 75,000,000 VND, shall be imposed on employers who commit any of the following acts:

a) Delaying payment of union fees;

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

c) Failing to pay union fees for all employees required to pay such fees.

2. A fine of from 18% to 20% of the total amount of union fees payable at the time of issuance of the administrative violation notice, but not exceeding 75,000,000 VND, shall be imposed on employers who fail to pay union fees for all employees required to pay such fees.

3. Measures to remedy consequences:

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

Article 25. Violations of other provisions

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

a) Failing to maintain labor management records, wage books, or failing to present them when requested by competent authorities;

b) Failing to report the use of labor within thirty days from the start of operations and periodically reporting changes in labor conditions during operation to the local labor management authority;

c) Violating regulations on procedures, formalities, and documentation for hiring workers.

2. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on acts of discriminating against individuals based on gender, ethnicity, skin color, social status, marital status, belief, religion, HIV status, or disability in recruitment, employment, and management of workers.

Chapter III

VIOLATIONS, FORMS OF PENALTIES, AMOUNTS OF FINES, AND REMEDIAL MEASURES FOR VIOLATIONS IN THE SOCIAL INSURANCE FIELD

Article 26. Violations of provisions on mandatory social insurance and unemployment insurance payments

1.24 A warning or a fine of from 500,000 VND to 1,000,000 VND shall be imposed on workers who agree with their employers not to participate in mandatory social insurance and unemployment insurance or to participate not in accordance with the prescribed rates.

2. A fine of from 12% to 15% of the total amount of mandatory social insurance and unemployment insurance payable at the time of issuance of the administrative violation notice, but not exceeding 75,000,000 VND, shall be imposed on employers who commit any of the following acts:

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

b) Paying mandatory social insurance and unemployment insurance not in accordance with the prescribed rates;

c) Failing to pay mandatory social insurance and unemployment insurance for all persons required to participate in such insurance.

3. A fine of from 18% to 20% of the total amount of mandatory social insurance and unemployment insurance payable at the time of issuance of the administrative violation notice, but not exceeding 75,000,000 VND, shall be imposed on employers who fail to pay mandatory social insurance and unemployment insurance for all workers required to participate in such insurance.

4. Measures to remedy consequences:

a) Compel the payment of the unpaid or overdue mandatory social insurance and unemployment insurance amounts for violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article;

b) Compel the payment of interest on the unpaid or overdue mandatory social insurance and unemployment insurance amounts at the interest rate of the Social Insurance Fund's investment activities in the year for violations stipulated in Clause 2 and Clause 3 of this Article.

Article 27. Violations concerning the establishment of files to enjoy social insurance and unemployment insurance benefits

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1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on workers who make false declarations or alter, erase contents related to the enjoyment of social insurance and unemployment insurance benefits.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on workers who commit any of the following violations of laws on unemployment insurance:

a) Agreeing with vocational training institutions to forge files for fraudulent claims of vocational training support funds without reaching the level of criminal prosecution;

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

c) Workers receiving unemployment benefits failing to notify the Employment Service Center as required under any of the following circumstances: finding employment; performing military service or police service; receiving monthly pension; leaving the country to settle abroad or working abroad under a contract; attending a study program for at least twelve months; serving a decision to be placed in a specialized educational facility, compulsory educational facility, or compulsory drug rehabilitation facility.

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 located at their workplace of labor changes as required by law.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on employers who forge social insurance and unemployment insurance files to fraudulently claim social insurance and unemployment insurance benefits without reaching the level of criminal prosecution for each forged file.

5. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on employers who organize vocational training, skill enhancement, and improvement programs for workers not in accordance with the approved plan by the competent authority.

6. Measures to remedy consequences:

a) Order to return to the social insurance organization the amount of social insurance and unemployment benefits received due to violation of Clause 1 and Clause 2 of this Article;

b) Order to organize vocational training, skill enhancement, and improvement programs for workers in accordance with the approved plan by the state authority for the violation of Clause 5 of this Article.

Article 28. Other violations concerning social insurance and unemployment insurance

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

a) Failing to provide or providing incomplete documents and information on mandatory social insurance and unemployment insurance upon request of the competent state authority;

b) Failing to provide or providing incomplete information on mandatory social insurance contributions of workers when requested by the workers or trade unions;

c) Failing to prepare a document requesting the social insurance agency to confirm unemployment insurance contributions for workers to complete the application for unemployment benefits as required;

d) Damaging, altering, or erasing the social insurance book.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for each worker for violations committed by employers who commit any of the following acts:

a) Failing to pay sick leave, maternity leave, and post-sick leave or maternity leave allowances within three working days from the date of receipt of valid documents from the worker;

b) Failing to pay work injury or occupational disease benefits within fifteen days from the date of receipt of the payment decision from the social insurance agency.

3. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for each worker for violations committed by employers who commit 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 or hiring them;

b) Failing to establish files or documents requesting the social insurance agency to resolve retirement benefits or work injury or occupational disease benefits as required;

c) Failing to refer workers to the Medical Examination Board for disability assessment to resolve social insurance benefits for workers.

4. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on vocational training institutions that commit any of the following acts:

a) Organizing vocational training courses that do not meet the duration of the course registered by unemployed workers for each worker violating the regulation;

b) Agreeing with individuals or organizations to fraudulently claim vocational training support funds for each case of violation.

5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on employers who misuse the Social Insurance Fund for purposes other than intended.

6. Measures to remedy consequences:

a) Order to fully pay social insurance benefits to workers for violations stipulated in Point a and Point b Clause 2 of this Article;

b) Order vocational training institutions to conduct vocational training courses for the full duration of the course registered by unemployed workers for violations stipulated in Point a Clause 4 of this Article;

c) Order vocational training institutions to return the fraudulently obtained funds to the state budget for violations stipulated in Point b Clause 4 of this Article;

d) Order to return profits gained from misusing the Social Insurance Fund for violations stipulated in Clause 5 of this Article.

Chapter IV

VIOLATIONS, TYPES OF PENALTIES, AMOUNTS OF FINES, AND REMEDIAL MEASURES FOR CONSEQUENCES OF VIOLATIONS IN THE FIELD OF DISPATCHING VIETNAMESE WORKERS TO WORK ABROAD UNDER CONTRACTS

Article 29. Violation of conditions for operation of service enterprises

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on a service enterprise operating the dispatch of Vietnamese workers abroad under contracts (hereinafter referred to as a service enterprise) that commits any of the following acts:

a) Not publishing the Service Dispatch License for sending Vietnamese workers to work abroad as prescribed;

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

c) Using a leader to manage the dispatch of Vietnamese workers to work abroad who does not have a bachelor's degree or higher;

d) Not reporting changes in leaders managing the dispatch of Vietnamese workers to work abroad as prescribed.

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

a) Not notifying the assignment of tasks to branches to carry out the service of dispatching Vietnamese workers to work abroad as prescribed by law;

b) Using a leader to manage the dispatch of workers to work abroad who has less than three years of experience in the field of dispatching Vietnamese workers to work abroad or working in the field of international cooperation and relations.

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

a) Not implementing the organizational structure plan for dispatching Vietnamese workers to work abroad as prescribed within thirty days from the date of issuance of the Service Dispatch License;

b) Not implementing a specialized organizational structure plan to provide necessary training for Vietnamese workers before going to work abroad within ninety days from the date of issuance of the Service Dispatch License.

4. A fine of VND 150,000,000 to VND 180,000,000 shall be imposed on a service enterprise that commits 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 the law;

c) Branches of the service enterprise carrying out activities beyond the assigned scope regarding the dispatch of Vietnamese workers to work abroad;

d) Signing contracts related to the dispatch of workers to work abroad; selecting laborers; teaching vocational skills, foreign languages, and organizing necessary training for workers; collecting money from workers; dispatching workers to work abroad during the period of temporary suspension, suspension of implementation of labor supply contracts, suspension of operations for a limited time, or after receiving notification about the denial of renewal of the Service Dispatch License.

5. A fine of VND 180,000,000 to VND 200,000,000 shall be imposed on an enterprise that commits any of the following acts:

a) Using the Service Dispatch License of another enterprise to organize the dispatch of Vietnamese workers to work abroad;

b) Allowing other organizations or individuals to use its Service Dispatch License to dispatch Vietnamese workers to work abroad;

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

6. Additional sanctions: Suspension of the dispatch of Vietnamese workers to work abroad as follows:

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

b) For four to six months for violations stipulated in Point d Clause 4 of this Article.

Article 30. Violation of provisions on contract registration and reporting on sending 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 on 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 in the Labor Supply Contract or the Internship Labor Reception Contract approved by competent state authorities, as follows:

a) VND 20,000,000 to VND 40,000,000 when the excess ratio is up to less than 30%;

b) VND 60,000,000 to VND 100,000,000 when the excess ratio is from 30% to less than 50%;

c) VND 150,000,000 to VND 180,000,000 when the excess ratio is 50% or more.

3. A fine of VND 150,000,000 to VND 180,000,000 shall be imposed for any of the following acts:

a) Sending workers abroad to work without registering the Labor Supply Contract or the Internship Labor Reception Contract, or having registered but not yet approved by competent state authorities;

b) An enterprise that has won a bid or tender, or an organization investing abroad, sends Vietnamese workers abroad to work without reporting or has reported but not yet approved by competent state authorities.

4. Additional form of punishment: Suspension of activities of sending Vietnamese workers to work abroad for six to twelve months for violations stipulated in Clause 3 of this Article.

Article 31. Violation of provisions on worker selection, contract signing, and termination

1. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on enterprises or organizations committing any of the following acts:

a) Not publicly announcing or providing workers with full information about the number, selection criteria, and conditions of the contract as prescribed;

b) Not committing to the time workers will wait for departure after being 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 committing any of the following acts:

a) Not signing a contract with workers as prescribed;

b) Not clearly stating financial rights and obligations in the contract signed with workers as prescribed;

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

d) The content of the contract for sending workers to work abroad, the Employment Contract, or the Internship Contract does not match the registered Labor Supply Contract or Internship Labor Reception Contract;

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

3. Additional form of punishment: Suspension of implementation of the Labor Supply Contract for one to three months for violations stipulated in Clause 2 of this Article.

Article 32. Violation of provisions on vocational skill training, language training, and necessary knowledge for workers

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1. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on enterprises or organizations committing any of the following acts:

a) Not fully implementing necessary knowledge training for workers before going to work abroad as prescribed;

b) Not conducting or not fully conducting examination and certification for workers after participating in necessary knowledge training courses;

c) Not registering the model of necessary knowledge training certificates issued to Vietnamese workers going to work abroad as prescribed;

d) Not providing necessary knowledge training materials to workers as prescribed.

2. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for not organizing or not collaborating with vocational training institutions or educational institutions to train vocational skills and languages for workers going to work abroad as required by the labor supply contract.

3. A fine of VND 150,000,000 to VND 180,000,000 shall be imposed for not implementing necessary knowledge training for workers before going to work abroad as prescribed.

4. Additional forms of administrative punishment:

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

b) Suspension of implementation of the labor supply contract for seven to twelve months if, after being temporarily suspended according to Point a of Clause 3 of this Article, the consequences caused by the violation have still not been remedied.

5. Remedial measures: Compel the provision of vocational skill training, language training, and necessary knowledge training for workers or refund the amount of training fees collected from workers (if any).

Article 33. Violations concerning the collection, submission, 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 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Collecting selection fees from workers;

b) Not collecting contributions from workers into the Overseas Employment Support Fund as prescribed;

c) Not issuing certificates of participation in the Overseas Employment Support Fund to workers as prescribed;

d) 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;

đ) Not submitting the full amount of contributions from workers into the Overseas Employment Support Fund as prescribed;

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

2. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following acts:

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

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

c) 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 when the worker has paid service fees for the entire contract period but must return home before the deadline without fault on their part;

d) Not submitting contributions from workers into the Overseas Employment Support Fund as prescribed;

đ) Service enterprises not contributing to the Overseas Employment Support Fund as prescribed.

3. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for any of the following acts:

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

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

c) Not timely supplementing the required deposit money of the service enterprise as prescribed.

4. Additional forms of punishment: Suspension of activities of sending Vietnamese workers abroad as follows:

a) From one month to three months for violations stipulated in Clause 2 of this Article;

b) From four months to six months for violations stipulated at Point b and Point c of Clause 3 of this Article;

c) From seven months to twelve months for violations stipulated at Point a of Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compel to fully contribute to the Overseas Employment Support Fund as prescribed for violations stipulated at Point đ and Point e of Clause 1, Point d and Point đ of Clause 2 of this Article;

b) Compel to fully refund money to workers for violations stipulated at Point c of Clause 2 and Point a of Clause 3 of this Article;

c) Compel to submit the required deposit money as prescribed for violations stipulated at Point b and Point c of Clause 3 of this Article.

Article 34. Violations concerning the organization of sending workers abroad and the management of workers outside the country

1. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Not reporting the list of departing workers to the diplomatic mission, consular office of Vietnam abroad as prescribed;

b) Not cooperating with the diplomatic mission, consular office of Vietnam abroad in managing and protecting the legitimate rights and interests of workers during their work abroad.

2. A fine of VND 50,000,000 to VND 80,000,000 shall be imposed for any of the following acts:

a) Not organizing the management and protection of the legitimate rights and interests of workers sent abroad by the enterprise as prescribed;

b) Not promptly resolving issues arising when workers die, suffer workplace accidents, risks, occupational diseases, harm to life, health, reputation, dignity, property, and disputes related to workers.

3. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for any of the following acts:

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

b) Exploiting the activity of sending Vietnamese workers abroad to organize the departure of Vietnamese citizens abroad not in accordance with regulations;

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

4. Additional forms of administrative punishment:

a) Suspend the activity of sending Vietnamese workers abroad for one to three months for violations stipulated in Clause 2 of this Article;

b) Suspend the activity of sending Vietnamese workers abroad for six to twelve months for violations stipulated in Clause 3 of this Article.

5. Measures to remedy consequences: Compel to repatriate workers according to the request of the receiving country or competent authority of Vietnam for violations stipulated in Clause 2, Point c of Clause 3 of this Article.

Article 35. Violations of workers going to work abroad and certain related entities

1. A fine of VND 2,000,000 to VND 5,000,000 for the act of not registering individual contracts with competent state agencies as prescribed.

2. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following acts:

a) Staying illegally in a foreign country after the expiration of the labor contract or residence permit;

b) Fleeing from the place of work as stipulated in the contract;

c) Not reporting to the workplace after entering the receiving country as stipulated in the contract;

d) Luring, enticing, coercing, or deceiving Vietnamese workers to stay illegally in a foreign country.

3. Measures to remedy consequences:

a) Forced repatriation for violations specified in Points a, b, and c of Clause 2 of this Article;

b) Prohibition from working abroad for a period of two years for violations specified in Points a and b of Clause 2 of this Article;

c) Prohibition from working abroad for a period of five years for violations specified in Points c and d of Clause 2 of this Article.

Chapter V

AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Section 1. AUTHORITY TO IMPOSE PENALTIES

Article 36. Authority to impose penalties of the Chairman of the People's Committee

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 a fine up to VND 37,500,000 for administrative violations in the field of labor and social insurance;

c) Applying supplementary sanctions as prescribed in Chapters II and III 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 a fine 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 sanctions as prescribed in Chapters II, III, and IV of this Decree;

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

Article 37. Authority to impose penalties of the Labor Inspector

1. Labor inspectors and persons assigned to perform specialized inspection tasks while on duty have the right:

a) To issue warnings;

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

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

a) To issue warnings;

b) Imposing a fine 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 sanctions as prescribed in Chapters II, III, and IV of this Decree;

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

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

a) To issue warnings;

b) Imposing a fine 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 sanctions as prescribed in Chapters II, III, and IV 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 right:

a) To issue warnings;

b) Imposing a fine up to VND 52,500,000 for administrative violations in the field 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 sanctions as prescribed in Chapters II, III, and IV 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, the Head of the specialized inspection team of the state management agency assigned to perform specialized inspection functions has the right:

a) To issue warnings;

b) Imposing a fine 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 sanctions as prescribed in Chapters II, III, and IV of this Decree;

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

Article 38. Authority to impose penalties of the Director of the Overseas Labor Management Bureau

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

1. Issue a warning;

2. Imposing a fine up to VND 100,000,000;

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

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

Article 39. Competence to impose penalties of other agencies

1. The head of diplomatic representative agencies, consular agencies, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad shall have the authority to impose penalties on administrative violations stipulated in Chapter IV of this Decree:

a) To issue warnings;

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

c)28 Apply measures to address consequences: Compel workers to return to their home country at the request of the receiving country or the competent state agency of Vietnam, compel workers to return to their home country according to the provisions of Chapter IV of this Decree.

2. The Director of the Immigration Department, the Director of provincial-level police departments directly under the central government shall have the authority to decide on applying expulsion measures as prescribed in Clause 1, Article 22 of this Decree.

3. In addition to those with the authority to impose penalties as stipulated in Articles 36, 37, and 38 and Clause 1 and Clause 2 of this Article, other persons with the authority to impose administrative penalties of other agencies within the scope of their assigned functions and tasks, if they discover administrative violations prescribed in this Decree within their area of management, shall have the right to impose penalties in accordance with the provisions of Article 52 of the Law on Handling Administrative Violations.

Section 2. PROCEDURES FOR IMPOSING PENALTIES

Article 40. Establishing a Record for Handling Administrative Violations

When discovering administrative violations, the person authorized to impose penalties, civil servants, and employees performing their duties must promptly establish a record and implement it in accordance with the provisions of Article 58 of the Law on Handling Administrative Violations.

Article 41. Procedures for Imposing Fines on Administrative Violations in Activities of Sending Workers to Work Abroad Outside the Territory of Vietnam

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

2. The fine can be collected in US dollars or in the currency of the country where the worker committed the violation, or in Vietnamese dong.

If collected in US dollars, the exchange rate for transactions between US dollars and Vietnamese dong on the inter-bank foreign exchange market published by the State Bank of Vietnam at the time of collecting the fine shall be applied.

If collected in the currency of the country where the worker committed the violation, the exchange rate for converting from US dollars to the local currency published by the local bank at the time of collecting the fine or the exchange rate of the bank where the Vietnamese diplomatic or consular agency has opened a Temporary Holding Fund account shall be applied and maintained for six months.

Chapter VI

IMPLEMENTING PROVISIONS

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Article 42. Effective Date

1. This Decree takes effect from October 10, 2013.

Decree No. 47/2010/ND-CP dated May 6, 2010 of the Government prescribing administrative penalties for violations of labor laws; Decree No. 86/2010/ND-CP dated August 13, 2010 of the Government prescribing administrative penalties for violations in the field of social insurance; and Decree No. 144/2007/ND-CP dated September 10, 2007 of the Government prescribing administrative penalties for activities of sending Vietnamese workers to work abroad under contracts cease to be effective from the date this Decree takes effect.

Article 43. Transitional Provisions

1. For violations occurring before July 1, 2013 that were discovered later or are being examined and resolved, the provisions on imposing penalties in this Decree shall apply if they are more favorable to the individual or organization committing the administrative violation. For Vietnamese workers abroad who commit the act of fleeing from their workplace or staying illegally in the foreign country after the expiration of their labor contract, which occurred before the effective date of this Decree, if they voluntarily return to their home country within three months from the date this Decree takes effect, then the provisions of Article 35 of this Decree shall not be applied.

2. For decisions on administrative penalties that have been issued or fully implemented before July 1, 2013, if the individual or organization subject to the penalty or the individual subject to administrative measures still has complaints, the provisions of the Ordinance on Handling Administrative Violations shall be applied to resolve them.

Article 44. Responsibilities for guidance and implementation

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-affiliated agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for implementing this Decree./.

Place of Receipt: - Minister (for reporting); - Office of the Government (for posting on the Government’s information website); - Official Gazette (for publication); - Ministry of Labor, Invalids, and Social Affairs’ electronic information portal (for publication); - To be filed: VT, VPC (3b)

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Phạm Minh Huân