Decree No. 88/2015/ND-CP Amending and Supplementing Certain Provisions of Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on Administrative Sanctions for Violations in the Field of Labor, Social Insurance, and Sending Vietnamese Workers to Work Abroad under Contracts

DECREE

Amending and supplementing certain Articles of N |||Decision No. 95/2013/NĐ-CP dated August 22, 2013

of Cof the Government stipulating administrative penalties for violations in the labor field, health social insurance,

sending Vietnamese workers On Administrative Sanctions dated June 20, 2012; the Law Amending andabroad N |||to work under contracts

_______________________

 

Based on the Law on Government Organization dated June 25, 12001;

Pursuant to the Law on Handling Administrative Violations reason Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system for administrative agencies;

Based on the Labor Code dated June 18, 2012;

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

Pursuant to the Labor Law dated November 16, 2013; lPursuant to the Social Insurance Law dated June 29, 2006;

Pursuant to the Law on Sending Vietnamese Workers

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

Abroad to Work Under Contracts dated November 29, 2006 lAt the proposal of the Minister of Labor, Invalids and Social Affairs;;

Socialto Affairs|||i,

supplementing certain articles of Decree No. 49/2013/NĐ-CP dated May 14, 2013 of the Government detailing the implementation of certain provisions of the Labor Code on wages. Law No. 42/2024/QH15 ,No. of Decision No. 95/2013/NĐ-CP dated August 22, 2013 of the Government stipulating administrative penalties for violations in the labor, social insurance, and sending Vietnamese workers abroad to work under contracts. lThe Decision No. 95/2013/NĐ-CP dated August 22, 2013 of the Government stipulating administrative penalties for violations in the labor, social insurance, and sending Vietnamese workers abroad to work under contracts.toArticle 1. Amending and supplementing some articles of Decision No. 95/2013/NĐ-CP dated August 22, 2013 of the Government stipulating administrative penalties for violations in the labor, social insurance, and sending Vietnamese workers abroad to work under contracts.

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

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:

"Article 3. Provisions on fines for administrative violations in the labor, social insurance, and sending Vietnamese workers abroad to work under contracts.i vớ"Article 3. Provisions on fines for administrative violations in the labor, social insurance, and sending Vietnamese workers abroad to work under contracts.đượ "Article 3. Provisions on fines for administrative violations in the labor, social insurance, and sending Vietnamese workers abroad to work under contracts. l"Article 3. Provisions on fines for administrative violations in the labor, social insurance, and sending Vietnamese workers abroad to work under contracts.

1. The amount of fine prescribed for violations of the provisions of Chapters II, III, and IV of this Decree shall be the fine imposed on individuals, except in cases provided for 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 from Article 29 to Article 34 of this Decree. The amount of fine imposed on organizations shall be twice the amount of fine imposed on individuals.

2. The authority to impose administrative penalties prescribed in Chapter V of this Decree shall be the authority to impose penalties on individuals. In cases of imposing fines, the authority to impose penalties on organizations shall be twice the authority to impose penalties on individuals."

2. Amending and supplementing Clause 4 as follows:

"Article 4. Violations of regulations on employment services.i"Article 4. Violations of regulations on employment services.

"Article 4. Violations of regulations on employment services.

1. Warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on enterprises engaged in employment services that have the 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 when violating the provisions on collecting 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 that have the act of providing false information or causing confusion about job positions.

5. Measures to remedy consequences:

4. A fine of VND 45,000,000 to VND 60,000,000 shall be imposed on the act of conducting employment services without a Business License for Employment Services issued by the competent authority or using a Business License for Employment Services that has expired.

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

Supplement Article 4a following Article 4 as follows:

b) Order the return to workers of the fee collected for employment services in violation of Clause 4 of this Article.”

"Article 4a. Violations concerning recruitment and management of workers.

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

a) Not publicly announcing the demand for recruitment of workers 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 recruitment of workers 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 who commit one of the following acts:

a) Collecting money from workers participating in recruitment;

b) Not establishing a labor management book; establishing a labor management book not 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 book when the labor contract becomes effective; not updating information when there is a change in the labor management book.

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

4. Amending and supplementing Article 5 as follows:

4. Measures to remedy consequences: Order employers to refund workers the amount of money collected in violation of Point a Clause 2 of this Article.”

"Article 5. Violations of regulations on concluding labor contracts.

1. A fine shall be imposed on employers who commit one 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 elements of a labor contract; concluding a labor contract in the case of hiring a worker as a director in a state-owned enterprise not in accordance with the provisions of the law, as follows:

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

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

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

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

đ) From 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 who commit one of the following acts:

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

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

3. Measures to remedy consequences:

c) Concluding labor contracts with workers aged fifteen years or older but under eighteen years old without the written consent of the legal representative of the worker.

b) Order to return the amount of money or property retained from the worker, plus interest on the retained amount at the highest interest rate for non-term deposits published by state commercial banks at the time of punishment for the violation stipulated in Point b Clause 2 Article this.

5. Amend and supplement Article 6 as follows:

"AiArticle 6. Violations concerning probationary period regulations

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

a) Require probation for workers under seasonal labor contracts;

b) Fail to notify the results of work performed during the probationary period as prescribed by law.

2. Impose a fine of VND 2,000,000 to VND 5,000,000 on employers who commit any of the following acts:

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

b) Exceed the probation period prescribed by law;

c) Pay wages to workers during the probation period lower than 85% of the wage for that job;

d) Continue employing the worker after the probation period without entering into a labor contract with the worker.

3. Measures to remedy consequences:

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

6. Supplement Point c Clause 2 Article 7 as follows:

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

“a) Establishing and developing effectively concentrated raw material zones according to the orientations set forth in Decree No. 98/2018/NĐ-CP dated July 5, 2018 of the Government on policies encouraging the development of cooperation and linkage in agricultural production and consumption; Decision No. 100/QĐ-TTg dated January 19, 2019 of the Prime Minister approving the project to implement, apply, and manage traceability systems; Decision No. 1804/QĐ-TTg dated November 13, 2020 of the Prime Minister approving the Program to support the development of collective economic organizations and cooperatives from 2021 to 2025; Decision No. 255/QĐ-TTg dated February 25, 2021 of the Prime Minister approving the Plan to restructure the agricultural sector from 2021 to 2025; Decision No. 885/QĐ-TTg dated June 23, 2020 of the Prime Minister approving the Project to develop organic agriculture from 2020 to 2030, and according to the planning of concentrated raw material zones of localities.”

"AiArticle 8. Violations concerning the amendment, supplementation, termination of labor contracts, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP terminate thenational5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.ồlabour

1. Impose a fine on employers who commit any of the following acts: Amend the term of the labor contract more than once through an annex to the labor contract or amend the term of the labor contract through an annex to the labor contract which changes the type of labor contract already concluded; fail to comply with the provisions regarding the payment deadlines for benefits due to the worker upon termination of the labor contract; fail to pay or pay insufficient severance pay, unemployment assistance to the worker as prescribed by law; fail to pay or pay insufficient compensation to the worker when unilaterally terminating the labor contract contrary to the law; fail to complete the procedures for confirmation and return other documents held from the worker after termination of the labor contract as prescribed by law according to one of the following levels:

1. A fine shall be imposed on employers who commit one 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 elements of a labor contract; concluding a labor contract in the case of hiring a worker as a director in a state-owned enterprise not in accordance with the provisions of the law, as follows:

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

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

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

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

2. Impose a fine of VND 5,000,000 to VND 10,000,000 on employers who commit any of the following acts:

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

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

3. Measures to remedy consequences:

a) Order to fully pay 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 at the highest interest rate for non-term deposits published by state commercial banks at the time of punishment for failure to pay or insufficient payment of severance pay, unemployment assistance, and compensation to the worker as stipulated in Clause 1 Article this;

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

8. Amend and supplement Clauses 2, 3, 4, and 8 of Article 9 as follows:

“2. Impose a fine of VND 1,000,000 to VND 3,000,000 on businesses engaged in labor dispatching who commit any of the following acts:

a) Fail to prepare a record clearly stating the number of dispatched workers, the recipient of the dispatched workers, and the dispatch fee;

b) Fail to notify or provide false information to the dispatched workers about the contents of the labor dispatch contract;

c) Fail to notify in writing to the Department of Labor, Invalids and Social Affairs as required about the location, area, start date of operation, and key personnel of the business; about changes in key personnel, registered capital of the business as required by law; fail to report the situation of labor dispatch as required by law.

3. Impose a fine on the recipient of dispatched workers who commit any of the following acts: Allow another employer to rehire dispatched workers; charge fees to dispatched workers; use dispatched workers beyond the agreed dispatch period according to the following levels:

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

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

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

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

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

4. Impose a fine on labor dispatch businesses who commit any of the following acts: Pay wages to dispatched workers lower than the wages of workers with the same qualifications performing the same or equivalent work for the recipient of dispatched workers; pay wages and other benefits to dispatched workers lower than the agreed terms with the recipient of dispatched workers; carry out dispatch without the consent of the worker according to the following levels:

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

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

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

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

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

"8. Measures to remedy consequences:

a) Order the return of fees collected from the workers in labor dispatch for violations of the provisions stipulated in Clause 3 of this Article;

b) Order the labor dispatch enterprise to pay the difference in wages to the workers for violations of the provisions stipulated in Clause 4 of this Article;

c) Order the surrender of illegal profits obtained from conducting labor dispatch activities to the state budget for violations of the provisions stipulated in Clause 5 of this Article.”

9. Amend Point b of Clause 3 of Article 10 as follows:

“b) Recruiting persons under 14 years old for vocational training or apprenticeship, except for those occupations or jobs permitted by law.”

10. Amend and supplement Article 13 as follows:

“Article 13. Violations concerning wage regulationsy concerning wages

1. Impose a warning or a fine ranging from VND 500,000 to VND 1,000,000 on employers who fail to submit wage scales, job evaluation standards, and labor norms to the competent state management agency at the district level as prescribed.

2. Impose a fine of VND 2,000,000 to VND 5,000,000 on employers who commit any of the following acts:

a) Failure to establish wage scales, job evaluation standards, and labor norms or establishing them incorrectly in violation of the law;

b) Using wage scales, job evaluation standards, and labor norms that have been modified or supplemented by the competent state management agency at the district level but still not in accordance with the law;

c) Failure to publicly display wage scales, job evaluation standards, labor norms, and reward regulations at the workplace;

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

3. Impose a fine on employers who commit any of the following acts: paying wages late; paying wages lower than the levels specified in the wage scales submitted to the competent state management agency at the district level; failing to pay or paying insufficient overtime wages, night shift wages, or wages during stoppages as prescribed by law; deducting wages from workers in violation of the law; paying wages incorrectly to workers when temporarily transferring them to other jobs different from their employment contracts, during temporary suspension of work, during strikes, or for annual leave days according to the following levels:

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

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

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

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

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

4. Impose a fine on employers who pay workers wages lower than the minimum wage set by the Government for the region according to the following levels:

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

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

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

5. Impose a fine on employers who fail to pay additional amounts 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, or unemployment insurance according to the following levels:

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

b) From VND 5,000,000 to VND 8,000,000 for violations involving eleven to fifty workers;

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

d) From VND 12,000,000 to VND 15,000,000 for violations involving one hundred and one to three hundred workers;

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

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

7. Measures to remedy consequences:

a) Order the full repayment of wages plus interest on delayed or underpaid wages calculated based on the highest interest rate for non-term deposits announced by state commercial banks at the time of punishment for violations of the provisions stipulated in Clauses 3 and 4 of this Article;

b) Order the full repayment of amounts corresponding to mandatory social insurance, health insurance, unemployment insurance contributions, and annual leave pay for workers for violations of the provisions stipulated in Clause 5 of this Article.”

11. Amend and supplement Clause 1 of Article 14 as follows:

“1. Impose a fine ranging from VND 2,000,000 to VND 5,000,000 on employers who commit any of the following acts:

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

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

c) Failing to notify in writing the specialized agencies assisting the provincial People's Committee or the municipal People's Committee directly under the Central Government managing labor affairs in the locality about organizing overtime work exceeding 200 hours up to 300 hours in a year.”

12. Amend and supplement Clause 2 and Clause 4 of Article 15 as follows:

“2. Impose a fine ranging from VND 5,000,000 to VND 10,000,000 on employers who commit any of the following acts:

a) Not having a written labor regulation when employing ten or more workers;

b) Failing to register the labor regulation with the competent state management agency at the provincial level;

c) Using a labor regulation that has not been registered or is already registered but not yet effective or has expired;

d) Disciplining workers or compensating for damages not in accordance with the procedures, formalities, and time limits prescribed by law.”

"4. Measures to remedy consequences:

a) Order the refund of amounts collected or pay full wages to workers for violations of the provisions stipulated in Point b of Clause 3 of this Article;

b) Order the rehire of workers and pay full wages corresponding to the days off for violations of the provisions stipulated in Point d of Clause 2 and Point c of Clause 3 of this Article.”

13. Amend and supplement Article 17 as follows:

"AiArticle 17. Violations concerning the prevention of occupational accidents and occupational diseases

1. Impose a warning or a fine ranging from VND 500,000 to VND 1,000,000 on workers who commit any of the following acts:

a) Failing to promptly report to responsible persons upon discovering potential hazards leading to occupational accidents, occupational diseases, toxic effects, or dangerous incidents;

b) Failing to participate in rescue and remediation efforts for occupational accidents when ordered by the employer;

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

2. A fine shall be imposed on employers who fail to organize occupational safety and labor hygiene training for workers, apprentices, and trainees in accordance with the provisions of the law, at one of the following levels:

a) VND 1,000,000 to VND 3,000,000 for violations involving from one to ten persons;

b) VND 3,000,000 to VND 5,000,000 for violations involving from eleven to fifty persons;

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

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

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

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) Failing to immediately implement corrective measures or cease operations of machinery, equipment, or workplaces that pose a risk of occupational accidents or occupational diseases;

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

c) Failing to have a certificate of occupational safety and labor hygiene training as prescribed;

d) Employing personnel for occupational safety and labor hygiene work without the required occupational safety and labor hygiene training certificates;

đ) Failing to inform workers about the situation of occupational accidents, occupational diseases, hazardous factors, and measures to ensure occupational safety and labor hygiene at the workplace;

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

g) Failing to organize medical examinations for workers suffering from occupational diseases as prescribed;

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

i) Failing to implement detoxification 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 dangerous and harmful factors; failing to implement a system of material compensation for workers working under conditions with dangerous and harmful factors; providing material compensation for workers engaged in hazardous and dangerous work not in accordance with the prescribed level; paying money instead of providing material compensation as follows:

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

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

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

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

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

5. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on employers who fail to promptly provide emergency care and thorough treatment for workers injured in occupational 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 occupational safety as follows:

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

b) 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 occupational safety;

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

d) Two to three times the total value of the inspection fees for machinery, equipment, and materials in violation for the act of failing to inspect before putting into use or failing to inspect periodically as prescribed by law.

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

a) VND 2,000,000 to VND 5,000,000 for any of the following acts: Failing to report occupational safety and labor 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) 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 conditions for training service activities as prescribed in the certification of eligibility for training;

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

d) 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;

đ) VND 50,000,000 to VND 75,000,000 for any of the following acts: Conducting training activities without a certification of eligibility for training or where the certification has expired.

8. A fine shall be imposed on organizations conducting technical safety inspection service activities that violate regulations on technical safety inspection activities as follows:

a) VND 3,000,000 to VND 5,000,000 for any of the following acts: Failing to report technical safety inspection activities as prescribed; using false or inaccurate documents to request certification of eligibility for inspection 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: failing to maintain the conditions for inspection activities as prescribed in the certificate of eligibility for inspection activities; continuously not reporting to the competent authority on the status of inspection activities as prescribed for a period of eighteen months;

c) From VND 40,000,000 to VND 50,000,000 for any of the following acts: conducting inspection activities outside the scope recorded in the certificate of eligibility for inspection activities; failing to comply with the prescribed inspection procedures;

d) From VND 50,000,000 to VND 70,000,000 for any of the following acts: altering the content of the certificate of eligibility for inspection activities; falsifying documents when conducting inspections without reaching the level of criminal liability; fraud in inspection activities;

đ) From VND 70,000,000 to VND 100,000,000 for any of the following acts: providing false inspection results; 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 eligibility for inspection activities or with a certificate that has expired;

9. A fine from VND 2,000,000 to VND 4,000,000 for inspectors committing 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 a valid inspector certification or when such certification has expired or outside the scope recorded in the certification;

10. Additional forms of punishment:

a) Suspension of training activities for one to three months for organizations engaged in occupational safety and health training services that commit violations as stipulated in Point b Clause 7 Article 9 of this Law;

b) Revocation of the certificate of eligibility for occupational safety and health training activities for one to six months for organizations engaged in occupational safety and health training services that commit violations as stipulated in Points c and d Clause 7 Article 9 of this Law;

c) Suspension of inspection activities for one to three months for organizations engaged in technical safety inspection services that commit violations as stipulated in Point b Clause 8 Article 9 of this Law;

d) Revocation of the certificate of eligibility for technical safety inspection activities for one to six months for organizations engaged in technical safety inspection services that commit violations as stipulated in Points c, d, and đ Clause 8 Article 9 of this Law;

đ) Revocation of the inspector certification for one to three months for violations as stipulated in Point a Clause 9 Article 9 of this Law;

11. Remedial measures:

a) Order to cease using machines, equipment, or workplaces posing risks of work accidents or occupational diseases for violations as stipulated in Point a Clause 3 Article 9 of this Law;

b) Order to provide full personal protective equipment meeting quality and specification standards according to relevant technical regulations for workers exposed to hazardous and toxic factors for violations as stipulated in Clause 4 Article 9 of this Law;

c) Order to cease using machinery, equipment, or materials with strict requirements for occupational safety as stipulated for violations as stipulated in Points c and d Clause 6 Article 9 of this Law;

d) Order to refund the training costs plus interest calculated at the highest interest rate for non-term deposits announced by state commercial banks at the time of punishment for violations as stipulated in Points b, c, d, and đ Clause 7 Article 9 of this Law;

đ) Order to refund the inspection costs plus interest calculated at the highest interest rate for non-term deposits announced by state commercial banks at the time of punishment for violations as stipulated in Points c, d, đ, and e Clause 8 Article 9 of this Law.”

14. Amend and supplement Clause 2 Article 20 as follows:

“2. A fine from VND 10,000,000 to VND 15,000,000 for employers who retain the original identity documents of domestic helpers.”

15. Amend and supplement Article 22 as follows:

“Article 22. Violations concerning foreign workersi Vietnam

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

a) Working without a labor permit as prescribed by law, except in cases where a labor permit is not required;

b) Using a labor permit that has expired.

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

3. A fine for employers who employ foreign workers in Vietnam without a labor permit or without a confirmation that a labor permit is not required, or who employ foreign workers with an expired labor permit, as follows:

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

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

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

4. Additional form of punishment: Suspension of operations for one to three months for employers who commit violations as stipulated in Clause 3 Article 22 of this Law.”

16. Add Article 22a after Article 22 as follows:

“Article 22a. Violations concerning the recruitment and employment of Vietnamese workers for foreign organizations and individualsy 1. A fine from VND 1,000,000 to VND 3,000,000 for the act of employing Vietnamese workers without reporting to the authorized organization for recruiting and managing Vietnamese workers on the situation of recruitment and employment of Vietnamese workers as prescribed by law.2. A fine from VND 5,000,000 to VND 10,000,000 for 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 authorized organization for recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam as prescribed by law.” Vietnamese workers working for, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP organizations, individuals abroadi in Vietnam

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the act of using Vietnamese workers without reporting to the competent organization authorized to recruit and manage Vietnamese workers on the recruitment and use of Vietnamese workers as prescribed by law.

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

17. Amend and supplement Article 24 as follows:

"AiArticle 24. Violation of provisions on ensuring the exercise of trade union rights

1. A warning or 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) Not providing workplaces or 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, cooperating, and creating favorable conditions for trade unions to exercise their rights and responsibilities in representing and protecting the legitimate and rightful interests of workers.

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

a) Refusing to respond to requests, dialogues, or negotiations from trade unions;

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, or disciplining and dismissing workers who are non-professional trade union officers.

3. A fine of from 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, and the legitimate and rightful interests of agencies, organizations, enterprises, and individuals.

4. Measures to remedy consequences:

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

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

18. Supplement Article 24a, Article 24b, and Article 24c after Article 24 as follows:

"AiArticle 24a. Violation of provisions on discrimination against the establishment, joining, and operation of trade unionsi due to reason the establishment, joining, and operation of trade unions

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

a) Discriminating in wages, working hours, and other rights and obligations in labor relations with the aim of hindering the establishment, joining, and operation of trade unions by workers;

b) Not extending labor contracts for non-professional trade union officers who are in the term of office of the trade union and whose labor contracts have expired;

c) Disciplining or terminating labor contracts illegally against workers for reasons related to the establishment, joining, and operation of trade unions;

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

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

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

a) Having regulations that limit the rights of workers to become trade union officers;

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

c) Compelling workers to establish, join, and operate trade unions.

3. Measures to remedy consequences:

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

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

c) Order to correct false information for violations stipulated in Point đ Clause 1 of this Article.

Article 24b. Violating provisions on the use of economic measures or other measures causing disadvantage to trade union organizations and activitiesimeasures eiconomiior other measures causing disadvantage toi trade unions and their activities

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

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

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

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

2. Measures to remedy consequences:

a) Order to pay wages to employees engaged in non-professional trade union work during their trade union activities for violations stipulated in Point a Clause 1 of this Article;

b) Order to provide collective rights and benefits to employees engaged in professional trade union work like other employees in the same organization for violations stipulated in Point b Clause 1 of this Article.

Article 24c. Violating provisions on paying trade union fees

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

a) Delaying payment of trade union fees;

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

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

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

3. Measures to remedy consequences:

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

19. Amend Clause 1 of Article 26 as follows:

“1. Warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on employees who agree with employers not to participate in mandatory social insurance or unemployment insurance or to participate at levels not in accordance with regulations.”

20. Amend Article 27 as follows:

“Article 27. Violating provisions on establishing records for social insurance and unemployment insurance systemsồ file ddevelopment hưởsocial insuranceihealth insuranceiunemployment insurance

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

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

a) Agreeing with vocational training institutions to falsify records to fraudulently obtain vocational training support funds without reaching the level of criminal prosecution;

b) Failing to report to the Employment Service Center within fifteen days from the date of submitting an application for unemployment benefit when the employee has found employment;

c) Employees receiving unemployment benefits failing to report to the Employment Service Center according to regulations when they fall into any of the following situations: finding employment; performing military service or police service; receiving monthly pension; emigrating abroad for settlement or working abroad under a contract; studying for a period of twelve months or more; serving a decision to be placed in a juvenile correctional facility, compulsory educational institution, or compulsory drug rehabilitation institution.

3. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on employers who fail to report to the Employment Service Center located at their workplace when there are changes in employment as required by law.

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

5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on employers who organize vocational training, upgrading, and skill enhancement programs for employees not in accordance with approved plans by competent authorities.

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 violations stipulated in Clause 1 and Clause 2 of this Article;

b) Order to organize vocational training, upgrading, and skill enhancement programs for employees in accordance with the approved plan by the competent authority for violations stipulated in Clause 5 of this Article.

21. Amend Article 28 as follows:

"AiArticle 28. Violating other provisions on social insurance and unemployment insurancey other provisions on social insuranceiunemployment insurance

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

a) Failing to provide or providing incomplete information about mandatory social insurance and unemployment insurance upon request by the competent authority;

b) Failing to provide or providing incomplete information about contributions to mandatory social insurance and unemployment insurance of employees when requested by employees or trade unions;

c) Failing to prepare a document requesting the social insurance agency to confirm unemployment insurance contributions for employees so that employees can complete their unemployment benefit application as required;

d) Damaging, destroying, altering, or erasing social insurance books.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for each employee affected when employers commit any of the following acts:

a) Failing to pay sickness benefits, maternity benefits, and allowances for recuperation and health recovery after sickness or maternity within three working days from the date of receiving complete and valid documents from the employee;

b) Failing to pay work injury and occupational disease benefits within fifteen days from the date of receiving the payment decision from the social insurance agency;

3. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on each employee for each violation committed by the employer who commits any of the following acts:

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

b) Failing to establish a file or request the social insurance agency to resolve pension benefits or work injury and occupational disease benefits in accordance with regulations;

c) Failing to refer employees to the Medical Expert Board for disability assessment to resolve social insurance benefits for employees;

4. A fine of 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 without sufficient duration as registered by unemployed employees participating in unemployment insurance for each employee violating this regulation;

b) Agreeing with individuals or organizations to benefit from the vocational training support funds for each violation case;

5. A fine of 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) Compelling employers to fully pay social insurance benefits to employees for violations stipulated in Point a and Point b Clause 2 Article of this Decree;

b) Compelling vocational training institutions to provide sufficient training duration as registered by unemployed employees participating in unemployment insurance for violations stipulated in Point a Clause 4 Article of this Decree;

c) Compelling vocational training institutions to return the amount of money obtained through fraud to the state budget for violations stipulated in Point b Clause 4 Article of this Decree;

d) Compelling employers to return profits gained from misusing the Social Insurance Fund for purposes other than intended for violations stipulated in Clause 5 Article of this Decree.”

22. Amend Clause 1 and Clause 2 Article 32 as follows:

“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) Failing to adequately provide necessary knowledge training for employees before they go to work abroad as prescribed;

b) Failing to conduct or inadequately conduct examinations and issue certificates to employees after they have participated in necessary knowledge training courses;

c) Failing to register sample certificates for necessary knowledge training provided to Vietnamese employees going to work abroad as prescribed;

d) Failing to provide necessary knowledge training materials to employees as prescribed.

2. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on the act of not organizing or not collaborating with vocational training institutions or training centers to provide skill training and language training for employees going to work abroad as required by the labor supply contract.”

23. Amend and supplement Point c Clause 1 Article 39 as follows:

“c) Applying measures to mitigate consequences: Compelling the employer to repatriate employees according to the requirements of the receiving country or competent authorities of Vietnam, and compelling employees to return to Vietnam as prescribed in Chapter IV of this Decree.”

Article 2. Implementation clause

1. This Decree takes effect from November 25, 2015.

2. Repeal Point b Clause 2 Article 11 and Article 25 of Decree No. 95/2013/NĐ-CP dated August 22, 2013 of the Government on administrative penalties in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts.

3. The interest rate on unpaid or delayed social insurance and unemployment insurance contributions as prescribed in Point b Clause 4 Article 26 of Decree No. 95/2013/NĐ-CP dated August 22, 2013 of the Government on administrative penalties in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts shall be implemented in accordance with the Law on Social Insurance 2014 from January 1, 2016.

4. The act of staying illegally in a foreign country after the expiration of the contract as prescribed in Point a Clause 2 Article 35 of Decree No. 95/2013/NĐ-CP dated August 22, 2013 of the Government on administrative penalties in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts is an ongoing administrative violation, and the statute of limitations for punishment will be calculated from the date of discovery of the violation.

5. Point a Clause 2 Article 28 of Decree No. 95/2013/NĐ-CP dated August 22, 2013 of the Government on administrative penalties in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts, which has been amended and supplemented by this Decree, shall cease to be effective from January 1, 2016.

6. Point b Clause 2 Article 28 of Decree No. 95/2013/NĐ-CP dated August 22, 2013 of the Government on administrative penalties in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts, which has been amended and supplemented by this Decree, shall be effective until December 31, 2015; from January 1, 2016, this act shall be defined as follows: "Failing to pay work injury and occupational disease benefits within ten days from the date of receiving the money transferred by the social insurance agency."

Article 3. Implementation Organization

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