Decree No. 95/2013/ND-CP on administrative sanctions for violations in the labor, social insurance, and sending Vietnamese workers to work abroad under contracts.

 

DECREE

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

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

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

Based on the Labor Code dated June 18, 2012;

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

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

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree stipulating administrative sanctions for violations in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates acts of violation, forms of administrative sanction, levels of fines, measures to remedy consequences, authority to impose sanctions, and procedures for administrative sanctions in the fields of labor, 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 labor, social insurance, and sending Vietnamese workers to work abroad under contracts

1. The level of fines prescribed for violations stipulated in Chapters II, III, and IV of this Decree applies to individuals, except for cases specified in Clause 1 and Clause 2 of Article 4, Clause 2, Clause 4, and Clause 6 of Article 9, Clause 6 and Clause 7 of Article 17, and Articles from Article 29 to Article 34 of this Decree. The fine for organizations is twice the fine for individuals.

2. The authority to impose administrative sanctions stipulated in Chapter VI of this Decree pertains to individuals. In cases involving fines, the authority to impose sanctions for organizations is twice the authority to impose sanctions for individuals.

Chapter II
VIOLATIONS, FORMS OF SANCTIONS AND MEASURES TO REMEDY CONSEQUENCES FOR VIOLATIONS IN THE FIELD OF LABOR

Article 4. Violations of regulations on employment services

1. A fine of VND 1,000,000 to VND 3,000,000 per worker shall be imposed on employment service organizations that charge fees for employment services exceeding the prescribed limits as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 for disseminating false information or causing confusion about job positions;

b) A fine of VND 45,000,000 to VND 60,000,000 for operating employment services without a valid business license issued by the competent authority or using an expired business license.

2. Measures to remedy consequences:

a) Order the return of the excess employment service fees collected from workers to the workers for the violation stipulated in Clause 1 of this Article;

b) Order the payment of the employment service fees collected from workers into the state budget for the violation stipulated in Clause 3 of this Article.

Article 5. Violations of regulations on the conclusion of labor contracts

1. A fine shall be imposed on employers who fail to conclude a written labor contract for fixed-term jobs lasting more than three months or who fail to conclude the correct type of labor contract with workers as prescribed in Article 22 of the Labor Code, as follows:

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

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

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

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

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

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

a) Retaining original personal identification documents, diplomas, and certificates of workers;

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

3. Measures to remedy consequences:

a) Order the return of the original personal identification documents, diplomas, and certificates retained from workers for the violation stipulated in Point a Clause 2 of this Article;

b) Order the return of the amount of money or property retained from workers plus interest on the retained amount at the maximum rate applicable to non-fixed deposit accounts published by the State Bank of Vietnam at the time of punishment for the violation stipulated in Point b Clause 2 of this Article.

Article 6. Violation of provisions on probation

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 on employers who require probation for workers under seasonal labor contracts.

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 on employers committing any of the following acts:

a) Requiring workers to undergo probation more than once;

b) Conducting probation beyond the prescribed period;

c) Paying wages to workers during probation at less than 85% of the wage rate for that job.

3. Measures to remedy consequences: Compelling employers to pay 100% of the wages due to workers during probation for violations stipulated in Clause 1, Point b and Point c Clause 2 of this Article.

Article 7. Violation of provisions on implementing labor contracts

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 on employers who fail to notify workers in writing at least 15 days before the expiration date of fixed-term labor contracts.

2. Imposing a fine from VND 3,000,000 to VND 7,000,000 on employers committing any of the following acts:

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

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

3. Measures to remedy consequences: Compelling employers to pay wages to workers for the days they were not accepted back to work after the suspension period of the labor contract expired for violations stipulated in Point b Clause 2 of this Article.

Article 8. Violation of provisions on amending, supplementing, terminating labor contracts

1. Imposing a fine on employers committing any of the following acts: Failing to pay or paying insufficient severance compensation and unemployment assistance to workers within the time limit prescribed in Clause 2 Article 47 of the Labor Code; failing to complete the confirmation procedures and return other documents held from workers after termination of the labor contract as prescribed in Clause 3 Article 47 of the Labor Code at one of the following levels:

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

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

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

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

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

2. Measures to remedy consequences:

a) Compelling employers to fully pay severance compensation and unemployment assistance to workers plus interest calculated at the maximum rate applicable to demand deposits published by the State Bank of Vietnam at the time of punishment for the amount of severance compensation and unemployment assistance for the act of failing to pay or paying insufficient severance compensation and unemployment assistance to workers as stipulated in Clause 1 of this Article;

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

Article 9. Violation of provisions on leasing out labor

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 on the party leasing out labor committing any of the following acts:

a) Failing to inform or guide leased-out workers about the labor regulations and other rules of the enterprise;

b) Discriminating against leased-out workers in working conditions compared to the enterprise's own workers.

2. Imposing a fine from VND 1,000,000 to VND 3,000,000 on enterprises engaged in leasing out labor committing any of the following acts:

a) Failing to establish a record clearly stating the number of workers leased out, the party leasing out labor, leasing fees, or failing to report to provincial labor management authorities;

b) Failing to inform or providing false information to workers about the contents of the labor leasing contract.

3. Imposing a fine on the party leasing out labor when committing any of the following acts: Transferring leased-out workers to another employer; charging fees from leased-out workers; using leased-out workers for jobs not included in the list of jobs allowed for labor leasing; using leased-out 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 one to ten workers;

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

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

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

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

4. Imposing a fine on enterprises leasing out labor when committing any of the following acts: Paying wages to leased-out workers lower than the wages of workers with the same qualifications performing the same or equivalent jobs in the leasing enterprise; conducting labor 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 one to ten workers;

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

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

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

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

5. Imposing a fine from VND 50,000,000 to VND 75,000,000 for the act of engaging in labor leasing without a labor leasing operation permit.

6. Imposing a fine from VND 80,000,000 to VND 100,000,000 on enterprises leasing out labor committing any of the following acts:

a) Lending their labor leasing operation permit to another enterprise to engage in labor leasing;

b) Leasing out labor in industries or jobs prohibited by law;

c) Leasing out labor beyond the leasing period as prescribed.

d) Subleasing labor between the leasing enterprise and another enterprise within the parent company - subsidiary company, economic group where the leasing enterprise is a member enterprise.

7. Additional forms of administrative sanction:

a) Revoking the right to use the Business License for subleasing labor for a period from one month to three months for violations stipulated in Clause 4 of this Article;

b) Revoking the right to use the Business License for subleasing labor for a period from six months to twelve months for violations stipulated in Clause 6 of this Article.

8. Measures to remedy consequences:

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

b) Compelling the return of unlawful profits obtained through subleasing labor activities for violations stipulated in Clause 5 of this Article.

Article 10. Violations of provisions on training, upgrading, and enhancing vocational skills

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

a) Not developing and implementing an annual plan for training, upgrading, and enhancing vocational skills for their employees;

b) Not reporting the results of training, upgrading, and enhancing vocational skills to the provincial labor management agency in the annual report on labor.

2. Imposing a fine on employers who commit any of the following acts: not providing vocational training before transferring employees to other jobs; not signing a vocational training contract with trainees or apprentices; not paying wages to trainees during their training or apprenticeship while they directly participate in producing qualified products; not signing a labor contract with trainees or apprentices upon completion of their training or apprenticeship, according to the following levels:

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

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

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

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

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

3. Imposing a fine of VND 20,000,000 to VND 25,000,000 on employers who commit any of the following acts:

a) Exploiting the name of vocational training or apprenticeship for profit, exploiting labor, or enticing or forcing trainees or apprentices into illegal activities;

b) Recruiting individuals under 14 years old for vocational training or apprenticeship.

4. Measures to remedy consequences:

a) Compelling payment of wages to trainees or apprentices when wages were not paid during their training or apprenticeship while they directly participated in producing qualified products, as stipulated in Clause 2 of this Article;

b) Compelling the return of unlawful profits obtained from exploiting the name of vocational training or apprenticeship for profit, exploiting labor, or enticing or forcing trainees or apprentices into illegal activities, as stipulated in Point a of Clause 3 of this Article.

Article 11. Violations of provisions on dialogue at the workplace

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

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

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

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 on employers committing 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. Violations concerning collective bargaining and collective labor agreements

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

a) Failing to submit the collective labor agreement to the provincial state management agency on labor affairs;

b) Failing to cover costs for collective bargaining, signing, amending, supplementing, submitting, and announcing the collective labor agreement;

c) Failing to announce the contents of the signed collective labor agreement to the workers.

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

a) Failing to provide information about the operation of production and business when requested by the collective labor force to conduct collective bargaining;

b) Failing to engage in collective bargaining to sign or amend, supplement the collective labor agreement upon receiving a request from the party requesting collective bargaining.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on employers who implement the contents of a collective labor agreement that has been declared void.

Article 13. Violations concerning wages

1. A warning or a fine of 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 district-level state management agency on labor affairs as prescribed.

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 on employers committing any of the following acts:

a) Failing to establish the wage scale, salary table, labor quota, and bonus regulations as prescribed by law;

b) Failing to seek the opinions of the representative organization of the collective labor force at the workplace when establishing the wage scale, salary table, labor quota, and bonus regulations;

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

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

3. A fine shall be imposed on employers who commit any of the following acts: paying wages late as stipulated in Article 96 of the Labor Code; paying wages lower than the prescribed level in the wage scale and salary table submitted to the district-level state management agency on labor affairs; paying overtime and night shift wages to workers lower than the prescribed level in Article 97 of the Labor Code; deducting wages from workers contrary to the provisions of Article 101 of the Labor Code; failing to pay sufficient wages for work stoppages to workers as stipulated in Article 98 of the Labor Code, according to the following levels:

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

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

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

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

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

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

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

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

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

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

6. Measures to remedy consequences:

a) Compel employers to pay full wages to workers as prescribed for violations under Clause 3 and Clause 4 of this Article;

b) Compel employers to pay interest on the delayed wages to workers calculated at the maximum interest rate applicable to non-term deposits published by the State Bank of Vietnam at the time of wage payment for violations under Clause 3 of this Article.

Article 14. Violation of regulations on working hours and rest time

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on employers who fail to ensure that workers take breaks during working hours, shift change breaks, personal affairs breaks, and unpaid leave as prescribed.

2. A fine shall be imposed on employers who violate the regulations on weekly rest days, annual leave, and public holidays at the following levels:

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

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

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

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

đ) VND 10,000,000 to VND 15,000,000 for violations involving more than three hundred workers.

3. Imposing a fine of VND 20,000,000 to VND 25,000,000 on employers who commit any of the following acts:

a) Exceeding the normal working hours as stipulated 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 specified 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 sanctions: Suspension of operations for one to three months for employers who violate the provisions of Clause 4 of this Article.

Article 15. Violation of regulations on labor discipline and material responsibility

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on employers who do not publicly announce or post the labor regulations in necessary locations within the enterprise.

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

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

b) Using labor regulations that have not been registered with the provincial state management agency on labor;

c) Using expired labor regulations.

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 enforcing labor discipline;

b) Using fines or salary deductions instead of enforcing labor discipline;

c) Enforcing labor discipline against workers whose actions are not defined in the labor regulations.

4. Measures to remedy consequences:

a) Compel the employer to refund the amount collected or pay full wages to the worker for the violation as stipulated in Point b Clause 3 of this Article;

b) Compel the employer to rehire the worker and pay full wages for the days the worker was dismissed in cases of disciplinary dismissal as stipulated in Point c Clause 3 of this Article.

Article 16. Violation of regulations on occupational safety and 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 soliciting opinions from the representative organization of workers at the workplace when drafting or implementing activities to ensure occupational safety and hygiene;

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

c) Not assigning personnel to handle occupational safety and hygiene;

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

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

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

b) Not developing plans for measures to ensure occupational safety and hygiene for workplaces when constructing, expanding, or renovating facilities for production, use, storage, and retention of machinery, equipment, materials, substances requiring strict occupational safety and hygiene standards;

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

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

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

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

g) Not equipping appropriate technical and medical means to ensure timely rescue in case of accidents and occupational injuries;

h) Not assigning suitable professionals to serve as dedicated staff for occupational safety and hygiene in production and business establishments in sectors with high risks of occupational accidents and diseases;

i) Not classifying workers according to the list of heavy, dangerous, and particularly heavy and dangerous 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 all medical expenses from first aid to stable treatment for workers not participating in health insurance;

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

3. Measures to remedy consequences:

a) Compel the employer to develop plans for measures to ensure occupational safety and hygiene for workplaces when constructing, expanding, or renovating facilities for production, use, storage, and retention of machinery, equipment, materials, and substances requiring strict occupational safety and hygiene standards when violating the provisions as stipulated in Point b Clause 2 of this Article;

Implement technical standards and occupational safety and health standards that have been published and applied with respect to violations specified in Points c and d Clause 2 Article this.

Compel employers to equip technical and medical means for violations specified in Point g Clause 2 Article this.

Compel employers to pay the co-payment portion and other costs not included in the list covered by health insurance for workers participating in health insurance; pay the entire medical cost from first aid, emergency care to stable treatment for workers not participating in health insurance for violations specified in Point 1 Clause 2 Article this.

Compel payment of compensation and damages to workers plus an amount calculated at the maximum interest rate applicable to non-term deposits announced by the State Bank of Vietnam at the time of punishment for the amount of compensation and damages for violations specified in Point m Clause 2 Article this.

Article 17. Violations of regulations on preventing work-related accidents and occupational diseases

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

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

b) Failing to participate in rescue and mitigate consequences of work-related accidents when ordered by employers;

c) Not using personal protective equipment provided or using it for purposes other than intended.

2. Impose a fine on employers who fail to organize occupational safety and health training for workers, apprentices, and trainees at the time of recruitment and job assignment according to one of the following levels:

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 people or more.

3. Impose a fine from VND 10,000,000 to VND 15,000,000 on employers who commit one of the following acts:

a) Failing to immediately implement corrective measures or cease operations of machinery, equipment, or workplaces posing risks of work-related 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 occupational safety and health training as prescribed;

d) Using personnel for occupational safety and health tasks without a certificate of occupational safety and health training as prescribed;

đ) Failing to provide information about work-related accidents, occupational diseases, hazardous factors, and measures to ensure occupational safety and health at the workplace to workers;

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 arrange suitable work for workers suffering from occupational diseases or work-related injuries based on 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. Impose a fine on employers who commit one of the following acts: Failing to fully equip personal protective equipment or equipping but not meeting quality and specification standards according to technical standards for jobs with hazardous and toxic factors; failing to implement a system of material supplements for workers working under hazardous and toxic conditions; paying money instead of providing material supplements according to one of the following levels:

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 workers or more.

5. Impose a fine on employers who violate regulations on the use of machinery, equipment, and materials with strict requirements for occupational safety as follows:

a) From VND 1,000,000 to VND 3,000,000 for the act of not reporting to competent authorities the inspection of machinery, equipment, and materials with strict requirements for occupational safety;

b) From VND 3,000,000 to VND 5,000,000 for the act of not declaring before putting into use machinery, equipment, and materials with strict requirements for occupational 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 occupational safety that have been inspected but the inspection results do not meet requirements;

d) Two to three times the total inspection fee for the violated machinery, equipment, and materials.

6. Impose a fine on organizations conducting occupational safety and health training services that violate regulations on occupational safety and health training as follows:

a) From VND 2,000,000 to VND 5,000,000 for the act of not reporting occupational safety and health training service activities as prescribed;

b) From VND 5,000,000 to VND 10,000,000 for one of the following acts: 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 operating training services according to the certificate of eligibility for training activities.

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

d) From VND 25,000,000 to VND 50,000,000 for any of the following acts: Falsifying documents in organizing training; cheating in training activities;

đ) From VND 50,000,000 to VND 75,000,000 when engaging in training activities without a certificate of eligibility for training activities or with an expired certificate of eligibility for training activities; using falsified or false documents to apply for a certificate of eligibility for training activities;

7. Imposing fines on organizations engaged in occupational safety and health technical inspection services that violate regulations on technical inspection activities as follows:

a) From VND 2,000,000 to VND 5,000,000 for failing to report technical inspection activities as required;

b) From VND 5,000,000 to VND 10,000,000 for any of the following acts: Failing to maintain conditions for inspection activities as stipulated in the certificate of eligibility for inspection; not reporting to the competent authority on the status of inspection activities for 18 consecutive months as required;

c) From VND 40,000,000 to VND 50,000,000 for any of the following acts: Conducting inspections outside the scope specified in the certificate of eligibility for inspection; 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 eligibility for inspection; falsifying documents during inspections; cheating in inspection activities;

đ) From VND 70,000,000 to VND 100,000,000 for any of the following acts: Providing incorrect 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 inspections without a certificate of eligibility for inspection or with an expired certificate of eligibility for inspection; using falsified or false documents to apply for a certificate of eligibility for inspection;

8. Imposing fines from VND 2,000,000 to VND 4,000,000 on inspectors who commit any of the following acts:

a) Not complying with published inspection procedures or those issued by the competent authority;

b) Conducting inspections without a valid inspector's certificate or beyond the scope specified in the certificate;

9. Additional forms of punishment:

a) Suspending training activities for one to three months for organizations engaged in occupational safety and health training and labor hygiene services that violate the provisions of Point b Clause 6 Article 6 of this Law;

b) Revoking the right to use the certificate of eligibility for occupational safety and health training and labor hygiene services for one to six months for organizations engaged in occupational safety and health training and labor hygiene services that violate the provisions of Points c and d Clause 6 Article 6 of this Law;

c) Suspending inspection activities for one to three months for organizations engaged in occupational safety and health technical inspection services that violate the provisions of Point b Clause 7 of this Law;

d) Revoking the right to use the certificate of eligibility for occupational safety and health technical inspection services for one to six months for organizations engaged in occupational safety and health technical inspection services that violate the provisions of Points c and d Clause 7 Article 7 of this Law;

đ) Revoking the right to use the inspector's certificate for one to three months for violations of the provisions of Point a Clause 8 Article 8 of this Law;

10. Measures to address consequences:

a) Compelling employers to pay workers monetary compensation equivalent to the value of the in-kind benefits provided as stipulated in Clause 4 of this Article for violations concerning in-kind benefits;

b) Compelling the provision of adequate personal protective equipment meeting quality and specification standards according to relevant technical regulations for workers engaged in hazardous and toxic work as stipulated in Clause 4 of this Article for violations concerning the provision of personal protective equipment;

c) Compelling the cessation of use of machinery, equipment, and workplaces posing a risk of accidents and occupational diseases as stipulated in Point a Clause 3 of this Article for violations concerning the cessation of use of machinery, equipment, and workplaces;

d) Compelling the cessation of use of machinery, equipment, and materials with strict requirements for occupational safety as stipulated in Points c and d Clause 5 of this Article for violations concerning the cessation of use of machinery, equipment, and materials;

đ) Compelling the recall of certificates and training certificates for occupational safety and health and labor hygiene as stipulated in Point c Clause 6 of this Article for violations concerning the recall of certificates and training certificates;

e) Compelling the recall of inspection results as stipulated in Points c and đ Clause 7 of this Article for violations concerning the recall of inspection results.

Article 18. Violations concerning female workers

1. Warning or imposing a fine of VND 500,000 to VND 1,000,000 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 from 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 onwards or from the sixth month if working in highland, deepland, 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 prescribed in Clause 1 and Clause 3, Article 157 of the Labor Code;

đ) Disciplining female workers who are pregnant, on maternity leave according to the law on social insurance, or nursing children under 12 months old;

e) Dismissing or unilaterally terminating the labor contract 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 the 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 from 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 representative;

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 old for overtime work or night shifts, except for certain occupations and tasks permitted by law;

3. Imposing a fine of VND 20,000,000 to VND 25,000,000 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 permissible jobs as prescribed 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 paying for transportation costs for domestic workers to return to their place of residence upon termination of employment, except in cases where the domestic worker terminates the labor contract prematurely;

2. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on employers who retain personal identification documents of domestic workers.

3. Measures to remedy consequences:

a) Compel payment of full transportation costs for domestic workers in violation of Point b, Clause 1 of this Article;

b) Compel return of personal identification documents to domestic workers in violation of Clause 2 of this Article.

Article 21. Violation of provisions concerning 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 benefits 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 engage senior workers in heavy, hazardous, or dangerous work that adversely affects the health of such workers as prescribed.

3. Measures to redress consequences: Compel employers to refund social insurance and health insurance premiums for violations stipulated in Clause 1 of this Article.

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

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

a) Working without a labor permit, except in cases not requiring a labor permit;

b) Using an expired labor permit.

2. A fine shall be imposed on employers who employ foreign workers in Vietnam without a labor permit, except in cases not requiring a labor permit or using an expired labor permit, at one of the following levels:

a) From VND 30,000,000 to VND 45,000,000 when employing from one to ten persons;

b) From VND 45,000,000 to VND 60,000,000 when employing from eleven to twenty persons;

c) From VND 60,000,000 to VND 75,000,000 when employing twenty-one or more persons.

3. Additional form of punishment: Suspension of business operations for one to three months for violations stipulated in Clause 2 of this Article.

Article 23. Violation of provisions concerning resolution of labor disputes

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

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

c) Destroying machinery, equipment, or property of workers or disrupting public order and safety during a strike or taking advantage of a strike to commit other unlawful 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 a strike, or transferring them to other jobs or places of work due to preparation for or participation in a strike;

b) Retaliating against workers participating in a strike or leaders of a strike;

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

4. Measures to redress consequences: Compel employers to pay wages to workers during the temporary closure of the workplace for violations stipulated in Point c Clause 3 of this Article.

Article 24. Violation of provisions on trade unions

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on employers who fail to provide workplaces or necessary working tools for trade union officers.

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

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

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

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

d) Not paying wages to non-professional trade union officers during their trade union activities;

đ) Not allowing upper-level trade union officers to enter organizations to carry out trade union activities;

3. Impose a fine from VND 10,000,000 to VND 15,000,000 on employers who commit one of the following acts:

a) Obstructing or making difficulties for workers to establish, join, and operate trade unions;

b) Compelling workers to establish, join, and operate trade unions;

c) Requesting workers not to participate or leave trade union organizations;

d) Not renewing labor contracts for non-professional trade union officers during their term while their labor contracts expire;

Article 25. Violations of other provisions

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

a) Not establishing labor management books, wage books, or failing to present them when requested by competent authorities;

b) Not reporting the use of labor within thirty days from the start of operations and periodically reporting changes in labor conditions during operations to local state labor management agencies;

c) Violating regulations on procedures, formalities, and recruitment files for hiring workers;

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

Chapter III
VIOLATIONS, FORMS OF PENALTIES, AMOUNTS OF PENALTIES AND REMEDIAL MEASURES FOR THE CONSEQUENCES OF VIOLATIONS IN THE FIELD OF SOCIAL INSURANCE

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

1. A warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed on workers who agree with employers not to join mandatory social insurance and unemployment insurance.

2. A fine of from 12% to 15% of the total amount of mandatory social insurance and unemployment insurance that should have been paid at the time of administrative violation but not exceeding VND 75,000,000 shall be imposed on employers committing 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 prescribed levels;

c) Paying social insurance and unemployment insurance for fewer people than required under mandatory social insurance and unemployment insurance.

3. A fine of from 18% to 20% of the total amount of mandatory social insurance and unemployment insurance that should have been paid at the time of administrative violation but not exceeding VND 75,000,000 shall be imposed on employers who fail to pay mandatory social insurance and unemployment insurance for all workers required to join such insurance.

4. Measures to remedy consequences:

a) Compel the payment of unpaid or delayed 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 unpaid or delayed mandatory social insurance and unemployment insurance amounts according to the investment interest rate of the Social Insurance Fund for violations stipulated in Clause 2 and Clause 3 of this Article.

Article 27. Violation of regulations on establishing files to enjoy social insurance benefits

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 compulsory social insurance, voluntary social insurance, and unemployment insurance.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on employers who forge social insurance files to enjoy social insurance benefits for each forged social insurance benefit file.

3. Measures to remedy consequences: Compel the return to the social insurance organization the amount of social insurance received due to the violation stipulated in Clause 1 and Clause 2 of this Article.

Article 28. Violations of other regulations on social insurance

1. A warning or a fine of from VND 300,000 to VND 800,000 shall be imposed on employers who commit any of the following acts:

a) Failure to provide documents and information on compulsory social insurance and unemployment insurance upon request of competent state agencies;

b) Failure to provide information on compulsory social insurance and unemployment insurance contributions of workers when requested by the worker or trade union organization.

2. A fine of from VND 200,000 to VND 500,000 shall be imposed for each worker for whom the employer commits any of the following acts:

a) Failure to pay sickness, maternity, and health recovery allowances within three working days from the date of receipt of valid documents of the worker;

b) Failure to pay work injury and occupational disease allowances within fifteen days from the date of receipt of the payment decision of the social insurance agency;

c) Loss, damage, alteration, or erasure of the social insurance book.

3. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for each worker for whom the employer commits any of the following acts:

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

b) Failure to establish a file or submit a request to the social insurance agency to settle retirement benefits thirty days before the worker meets the retirement conditions; to settle work injury and occupational disease benefits thirty days from the date of receipt of valid documents of the worker;

c) Failure to refer workers for medical assessment of reduced work capacity at the Medical Assessment Council to settle social insurance benefits for workers.

4. 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.

5. Measures to remedy consequences:

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

b) Compel the employer to return profits obtained from misusing the Social Insurance Fund for purposes other than intended for violations stipulated in Clause 4 of this Article.

Chapter IV
VIOLATIONS, FORMS OF PENALTIES, AMOUNTS OF FINES AND MEASURES TO REMEDY CONSEQUENCES FOR VIOLATIONS IN THE FIELD OF DISPATCHING VIETNAMESE WORKERS 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 that engages in sending Vietnamese workers to work abroad under contracts (hereinafter referred to as a service enterprise) if it commits any of the following acts:

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

b) Not publicly posting the decision of the service enterprise assigning tasks to its branch and a copy of the Service License for sending Vietnamese workers to work abroad at the branch's office;

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

d) Not reporting changes in the leadership managing the activity of sending 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 if it commits any of the following acts:

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

b) Using a leader who does not have three years of experience in the field of sending Vietnamese workers to work abroad or in international cooperation and relations to manage the activity of sending workers to work abroad.

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

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

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

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

c) The branch of the service enterprise carrying out activities beyond the assigned scope regarding sending Vietnamese workers to work abroad;

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

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

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

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

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

6. Additional form of punishment: Suspension of the activity of sending Vietnamese workers to work abroad as follows:

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

b) From four months 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 Vietnamese workers to work abroad

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for failing to report periodically or unexpectedly 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 under the Labor Supply Contract or the Internship Labor Reception Contract approved by the competent state agency, at the following levels:

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 the competent state agency;

b) An enterprise that has won a bid, tendered, or invested abroad commits the act of sending Vietnamese workers abroad to work without reporting or having reported but not yet approved by the competent state agency.

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 recruitment, signing, and termination of contracts

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 and 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 recruiting 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 the contract for sending workers to work abroad as prescribed;

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

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

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 fully provide necessary knowledge training for workers before they go to work abroad as prescribed;

b) Not conducting or not fully conducting inspection 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 for 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 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 they go 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 of the violation have still not been remedied.

5. Measures to remedy consequences: Compulsory vocational skill training, language training, and necessary knowledge training for workers or refunding the 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 from VND 20,000,000 to VND 40,000,000 shall be imposed for one of the following acts:

a) Collecting selection fees from workers;

b) Not collecting contributions from workers for 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) Submitting insufficient amounts of workers' contributions to the Overseas Employment Support Fund as prescribed;

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

2. Fine from VND 80,000,000 to VND 100,000,000 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 workers the portion of service fees corresponding to the remaining time of the contract for sending workers abroad when workers have paid service fees for the entire contract period but must return home before the deadline without fault on their part;

d) Not submitting workers' contributions to 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 service enterprises due to failure to send workers abroad;

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

c) Not timely supplementing sufficient amounts of deposit money of service enterprises as prescribed.

4. Additional penalty measures: 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 in Points b and c of Clause 3 of this Article;

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

5. Measures to remedy consequences:

a) Compelling full payment into the Overseas Employment Support Fund as prescribed for violations stipulated in Points đ and e of Clause 1, Points d and đ of Clause 2 of this Article;

b) Compelling full refunds to workers for violations stipulated in Point c of Clause 2 and Point a of Clause 3 of this Article;

c) Compelling submission of deposit money in accordance with regulations for violations stipulated in Points b and c of Clause 3 of this Article.

Article 34. Violations concerning organizing the sending of workers abroad and managing workers outside the country

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

a) Not reporting the list of departing workers to Vietnamese diplomatic agencies and consular offices abroad as prescribed;

b) Not cooperating with Vietnamese diplomatic agencies and consular offices 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 management and protection of the legitimate rights and interests of workers sent abroad by enterprises as prescribed;

b) Not promptly resolving issues arising when workers die, suffer workplace accidents, unexpected accidents, 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 sending Vietnamese citizens abroad in violation of 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) Suspension of activities of sending Vietnamese workers abroad from one month to three months for violations stipulated in Clause 2 of this Article;

b) Suspension of activities of sending Vietnamese workers abroad from six months to twelve months for violations stipulated in Clause 3 of this Article.

5. Measures to remedy consequences: Compelling the return of workers to Vietnam at the request of the receiving country or competent Vietnamese authorities for violations stipulated in Clause 2, Point c of Clause 3 of this Article.

Article 35. Violations of workers going to work abroad and some 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. Fine from VND 80,000,000 to VND 100,000,000 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;

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

3. Measures to remedy consequences:

a) Order to return to Vietnam for violations specified in Points a, b, and c of Clause 2 of this Article;

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

c) Prohibit 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. Competence 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. Competence to impose penalties of the Labor Inspector

1. Labor inspectors, 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 state management agencies assigned to perform specialized inspection functions have 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. Competence to impose penalties of the Director of the Overseas Labor Management Bureau

The Director of the Overseas Labor Management Bureau has the right to impose penalties on 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, or 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) Applying measures to mitigate consequences, compelling workers to return to their home country at the request of the receiving country or the competent state agency of Vietnam as stipulated in Chapter IV of this Decree.

2. The Director of the Immigration Department, the Provincial Police Chief under the direct jurisdiction of the Central Government shall have the authority to decide on the implementation of expulsion measures as prescribed in Clause 1, Article 22 of this Decree.

3. In addition to those with the authority to impose penalties as provided for in Articles 36, 37, and 38 and Clauses 1 and 2 of this Article, officials with the authority to impose administrative penalties of other agencies according to the Law on Handling Administrative Violations within the scope of their assigned functions and tasks, if they discover administrative violations stipulated 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 violations

When discovering administrative violations, the person authorized to impose penalties, civil servants, or 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 the activity of sending workers to work abroad outside the territory of Vietnam

1. Workers fined abroad may pay the fine at the Vietnamese diplomatic representative agency 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 interbank 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 based on the exchange rate published by the local bank at the time of collecting the fine or the exchange rate of the bank where the Vietnamese diplomatic representative agency or consular agency opens a Temporary Holding Fund account shall be applied and maintained for a period of six months.

Chapter VI
IMPLEMENTING PROVISIONS

Article 42. Effective Date

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

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

Article 43. Transitional Provisions

1. For violations occurring before July 1, 2013, which were discovered later or are being examined and resolved, the provisions on 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 absconded from their workplaces under contracts or remained illegally in the foreign country after the expiration of their labor contracts, if they voluntarily return to their home country within three months from the date this Decree takes effect, the provisions of Article 35 of this Decree shall not be applied.

2. For decisions on administrative penalties that have been issued or fully executed before July 1, 2013, if individuals or organizations subject to administrative penalties or individuals subject to administrative measures still appeal, the provisions of the Ordinance on Handling Administrative Violations shall be applied to resolve them.

Article 44. Responsibilities for guidance and enforcement

1. The Minister of Labor, War 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 agencies under the Government, Chairmen of People's Committees of provinces and centrally administered cities are responsible for implementing this Decree./.