Nghị định 12/2022/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực lao động, BHXH, NLĐ Việt Nam ở nước ngoài theo hợp đồng

DECREE

Providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract
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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law dated November 22, 2019 amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law dated November 13, 2020 amending and supplementing a number of articles of the Law on Handling of Administrative Violations;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Law on Employment dated November 16, 2013;

Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

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

Pursuant to the Law on Social Insurance dated November 20, 2014;

Pursuant to the Law on Vietnamese Guest Workers dated November 13, 2020 Law;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Government promulgates the Decree providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree provides provisions on the violations, penalties, fines, remedial measures, the entities subject to penalties, the powers to impose penalties, the powers to make records, the procedures for imposing penalties, and the enforcement of penalties and remedial measures for administrative violations against regulations on labor, social insurance, and overseas manpower supply under contract.

Article 2. Subjects of application

1. Employers, workers and other individuals and organizations that commit administrative violations against regulations on labor, social insurance and overseas manpower supply under contract as prescribed in this Decree.

2. Persons competent to impose penalties, to make records as prescribed in Chapter V of this Decree.

3. Other agencies, organizations and individuals concerning to the handling of administrative violations and the enforcement of penalties, remedial measures as prescribed in this Decree.

Article 3. Penalties

1. Any organization or individual that commits administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract shall be imposed the principal penalty of caution or fine.

2. Based on the nature and seriousness of the organization and individual’s violations, it/she/he may be imposed one or several of the following additional penalties:

a) Deprivation of the right to use the labor leasing license for 06 to 12 months;

b) Confiscation of material evidences and means of administrative violations, including: forged licenses, certificates, and diplomas;

c) Suspension of the training in occupational safety and health for a term of between 01 month and 03 months;

d) Suspension of the technical inspection of occupational safety for a term of between 01 month and 03 months;

dd) Suspension of the work environment monitoring for a term of between 03 months and 06 months;

e) Suspension of sending Vietnamese workers abroad for a term of between 06 months and 12 months;

g) Suspension of labor preparation activities for a term of between 06 months and 12, or between 12 months and 24months;

h) Suspension of the recruitment of workers from 06 months to 12 months;

i) Suspension of the performance of a manpower supply contract for a term of between 01 month and 03 months;

k) Suspension of activities prescribed in Clauses 1, 2, 3, 4, Article 9 of the Law on Vietnamese Guest Workersfor a term of between 06 months and 12 months;

l) Suspension of sending Vietnamese workers abroad to work as housekeepers for a term of between 06 months and 12 months;

m) Suspension of the assessment of occupational safety and health for a term of between 01 month and 03 months;

n) Expulsion of foreign workers who works in Vietnam.

Article 4. Remedial measures

In addition to the penalties prescribed in Article 3 of this Decree, an individual or organization that commits administrative violations may also be imposed one or several of the following remedial measures:

1. Compelling the refund of the amounts collected from individuals and organizations using employment services to them and the interest thereof.

2. Compelling the employer to refund the amounts collected from the workers to them or compelling the refund of the amounts illegally collected from the workers to them.

3. Compelling the employer to enter into a labor contract with the worker or to enter into a written labor contract with the worker; enter into a written labor contract with the domestic worker; enter into a written labor contract with the person authorized to enter into the contract on behalf of a group of workers; enter into a labor contract of the right type with the worker.

4. Compelling the employer to return the original identity document; diploma; certificate kept by such employer to the worker.

5. Compelling the employer to return identification documents to domestic workers.

6. Compelling the employer to return the worker’s money or assets kept by such employer, and the interest on such money.

7. Compelling the employer to pay wages to workers; apprentices and on-the-job trainees, or to pay full wages to workers.

8. Compelling the employer to pay full wages and the interest on the late payment or underpayment thereof to the worker.

9. Compelling the employer to pay full wages for the days during which the worker is under temporary work suspension.

10. Compelling the employer to pay wages to workers for the days during which the workplace is temporarily closed.

11. Compelling the employer to pay wages to leaders of the workers’ representative organization at the grassroots level during their working time as prescribed by the law provisions in order for them to perform the duties of such organization at the grassroots level.

12. Compelling the employer to pay wages to female workers for the time they are not allowed to take leave during their menstruation period or while they are raising children under 12 months of age as prescribed by the law provisions.

13. Compelling the employer to pay enough travel expenses for the domestic worker.

14. Compelling the employer to fully pay social insurance and health insurance premiums for the domestic workers.

15. Compelling the employer to re-employ the worker.

16. Compelling the employer to re-employ the worker or the strike leader if the labor contract with him/her is terminated, and to pay full wages to such worker for the time during which his/her labor contract is terminated.

17. Compelling the employer to re-employ the worker and pay such worker full wages, social insurance and health insurance premiums for the days the worker is not allowed to work.

18. Compelling the employer to arrange the appropriate job at the right workplace for the worker as agreed in the labor contract.

19. Compelling the employer to extend the signed labor contract until the end of the term for the worker who is a leader of the workers’ representative organization at the grassroots level.

20. Compelling the employer to complete the procedures to confirm and return other documents kept by the employer to the workers.

21. Compelling the employer to send workers suffering from occupational accidents or diseases to undergo medical assessment, determine their level of work ability loss, receive treatment and occupational rehabilitation.

22. Compelling the employer to ensure that leaders of the workers’ representative organization at the grassroots level are entitled to other guarantees as prescribed by the law provisions.

23. Compelling the employer to pay full severance or job-loss allowance to the worker and the interest of the unpaid amount.

24. Compelling the employer to refund the tuition fees collected from the apprentices or on-the-job trainees who work for such employer.

25. Compelling the employer to pay the worker an amount equal to the wages of the unexpected working days according to the labor contract.

26. Compelling the employer to fully pay an amount equal to the compulsory social insurance, health insurance and unemployment insurance premiums for the worker and the interest thereof.

27. Compelling the employer to publicly apologize to the worker and pay all treatment costs and wages to the worker during the treatment period if the infringement causes bodily harm to such worker so that he/she has to be treated at a health facility.

28. Compelling the employer to pay the worker a compensation in kind which may be converted into money at the prescribed rate.

29. Compelling the employer to pay the co-payments and other expenses not covered by health insurance for workers suffering from occupational accidents or diseases and participating in health insurance.

30. Compelling the employer to pay all medical expenses from the first-aid or emergency stage to the stable treatment stage for workers suffering from occupational accidents or diseases and not participating in health insurance.

31. Compelling the employer to pay expenses for taking a medical assessment to determine the level of work ability loss in the cases that the employer send the worker to the Medical Assessment Council to determine his/her level of work ability loss and the worker is concluded to lose less than 5% of his/her work ability.

32. Compelling the employer to pay the worker the allowance or compensation and the interest thereof.

33. Compelling the labor leasing enterprise to pay the difference in wages to the workers.

34. Compelling the working environment monitoring organization to refund the working environment monitoring expenses to the employers using its working environment monitoring services and the interest thereof.

35. Compelling the occupational safety and health training organization; the employer self-organizing training in occupational safety and health to cancel the provided training results.

36. Compelling the cancellation of the inspection results and refund of the inspection expenses and the interest thereof.

37. Compelling the cancellation of working environment monitoring results.

38. Compelling the employer to cancel the decision on imposing labor disciplinary actions, or on assigning the worker or the strike leader to another position or to other workplace, and to pay full wages to the worker during the time the labor contract is terminated.

39. Compelling the employer to pay to the trade union the amount of union dues whose payment is late or inadequate, or which is not yet paid, and the interest thereof.

40. Compelling the payment of the illegally-gained profits from labor lease into the State budget.

41. Compelling the employer to pay illegally-gained profits into the state budget.

42. Compelling the employer to pay the full amount of compulsory social insurance and unemployment insurance premiums to the social insurance agency.

43. Compelling the employer to pay the interest equal to 02 times the average interest of investment in social insurance fund of the preceding year calculated on the amount and period of late payment, non-payment, evasion of payment, or embezzlement of the paid amounts; if it fails to do so, at the request of a competent person, the bank, other credit institution or the State Treasury shall be responsible for deducting from the employer’s deposit account to pay the unpaid amount or late payment and the interest thereof.

44. Compelling the refund of social insurance premiums, unemployment allowances, vocational training support, support for training and retraining to improve qualifications of occupational skills for job maintenance for workers, which such workers have received, to the social insurance agency.

45. Compelling the employer to pay the allowance for convalescence and health rehabilitation after the occupational accident or disease to the worker.

46. Compelling the employer to refund to the worker the amount of the compulsory social insurance benefits that has been appropriated from the worker and the interest thereof.

47. Compelling the vocational education institution to refund the illegally-profited amounts to the social insurance agency.

48. Compelling the vocational education institution to fully conduct the training courses in which the workers participating in unemployment insurance are entitled to vocational training support.

49. Compelling the vocational education institution to conduct the training and retraining to improve qualifications of occupational skills for job maintenance for workers according to the plan approved by the competent authority unless the organization has completed the training and retraining to improve qualifications of occupational skills for workers.

50. Compelling the employer to pay the social insurance agency the amount to support the training and retraining to improve qualifications of occupational skills for job maintenance for workers that has not been used compared to the plan approved by the competent authority.

51. Compelling the employer to re-employ the worker and pay full wages under the labor contract to such worker for the days off when the employer applies the disciplinary action of dismissal to such worker.

52. Compelling service enterprises; Vietnamese enterprises that have won or received contracts to execute works or projects abroad; Vietnamese organizations and individuals making offshore investment; Vietnamese enterprises sending Vietnamese workers abroad for occupational knowledge and skills training or improvement to update information about the workers sent abroad by such enterprises on the Database on Vietnamese guest workers.

53. Compelling the service enterprise to fully pay into the Fund for Overseas Employment Support the amount paid by the worker into the Fund via such service enterprise and the interest thereof, calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed.

54. Compelling the service enterprise to fully pay into the Fund for Overseas Employment Support the payable amounts and the interest thereof, calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed.

55. Compelling the service enterprise to compensate the worker for damage caused by such enterprise or its branches.

56. Compelling the service enterprise to refund the money illegally collected from the worker and the interest thereof.

57. Compelling the service enterprise to fully refund the service fees and the interest as prescribed to the worker.

58. Compelling Vietnamese enterprises that have won or received contracts to execute works or projects abroad to send workers back home or pay expenses for workers to return home.

59. Compelling Vietnamese enterprises that win or accept contracts for works or projects abroad to pay expenses related to the organization of bringing back the remains or bodies of workers who died while working abroad.

60. Compelling Vietnamese enterprises that have won or received contracts to execute works or projects abroad to refund the money illegally collected from the workers and the interest thereof.

61. Compelling Vietnamese organizations and individuals making offshore investment to refund the money illegally collected from the workers and the interest thereof to workers.

62. Compelling the return of the license, certificate or diploma that has been granted by the competent authority to such competent authority.

Article 5. Time limits for imposing penalties on administrative violations

1. The time limits for imposing penalties on administrative violations in the fields of labor, social insurance and Vietnamese guest workers under contract shall comply with the provisions of Clause 1, Article 6 of the Law on Handling of Administrative Violations.

2. The determination of which administrative violation has ended and which is being committed in order to calculate the time limit for imposing penalties on such administrative violation shall comply with the provisions of Clause 1, Article 8 of Decree No. 118/2021/ND -CP dated December 23, 2021 of the Government detailing a number of articles and measures to implement the Law on Handling of Administrative Violations.

Article 6. Fines, powers to impose fines and principles applicable to repeated administrative violations

1. The fines for violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree are those to be imposed on individuals, other than those prescribed in Clauses 1, 2, 3, 5, Article 7; Clauses 3, 4, 6, Article 13; Clause 2, Article 25; Clause 1, Article 26; Clauses 1, 5, 6, 7, Article 27; Clause 8, Article 39; Clause 5, Article 41; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Article 42; Clauses 1, 2, 3, 4, 5, 6, 7, 8, Article 43; Clauses 1, 2, 3, 4, 5, 6, Article 45; Clause 3, Article 46 of this Decree. The fines to be imposed on organizations shall be double the fines on individuals.

2. The powers to impose penalties on administrative violations prescribed in Chapter V of this Decree are applicable to individuals; In the case of imposing fines, the powers to imposed penalties on organizations shall be double the powers to impose penalties on individuals.

3. Organizations that shall be fined twice as much as individuals in this Decree include:

a) State agencies committing violations other than those under their assigned State management jurisdictions;

b) Enterprises being established and operating under Vietnamese laws; branches, representative offices of Vietnamese enterprises or foreign enterprises operating in Vietnam;

c) Cooperatives, unions of cooperatives;

d) Public service providers;

dd) Political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, economic organizations, units of the People’s Armed Forces;

e) Permanent offices of foreign press agencies, representative offices of foreign publishing houses or organizations that publish foreign publications in Vietnam;

g) Representative agencies of international organizations, international intergovernmental organizations other than those exempted from penalties for administrative violations under international treaties to which Vietnam is a contracting party;

h) Non-governmental organizations;

i) Representative offices conducting unprofitable activities in Vietnam of foreign economic, commercial, financial, banking, insurance, scientific - technical, cultural, educational, medical, legal consulting organizations;

k) Educational institutions, vocational education institutions, medical establishments, cultural and social establishments.

4. In the case where an individual or organization commits repeated administrative violations, it shall be considered as an aggravating circumstance for considering and imposing penalties on such administrative violations.

 

Chapter II

VIOLATIONS, PENALTIES AND REMEDIAL MEASURES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON LABOR, SOCIAL INSURANCE, AND OVERSEAS MANPOWER SUPPLY UNDER CONTRACT

 

Article 7. Violations against regulations on employment services

1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed on any employment service enterprise that commits one of the following acts:

a) Announcing employment services against the law provisions;

b) Failing to post a certified copy of the original license or decision to revoke the license at the enterprise’s head office;

c) Failing to monitor the employment status of workers introduced or supplied by the enterprise for at least 03 months or during the performance of the labor contract in the case of labor contracts of less than 03 months.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on any employment service enterprise that commits one of the following acts:

a) Failing to report on activities related to its employment services as prescribed by the law provisions;

b) Failing to make or update or manage the data of workers registering for job counseling and recommendation and of employers registering for recruitment of workers; failing to connect or share such data at the request of a competent state agency;

c) Failing to quote or post the prices of employment services for workers at the enterprise’s head office as prescribed by the law provisions.

3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on any employment service organization that provides false or misleading information about job positions.

4. A fine of between VND 45,000,000 and VND 60,000,000 shall be imposed on the act of providing employment services without being a legally established employment service center or without having an employment service license granted by a competent authority or using an expired employment service license.

5. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed on any employment service enterprise that commits one of the following acts:

a) Allowing other enterprises, organizations and individuals to use the license;

b) Modifying or falsifying documents and papers in the dossier of application for grant, extension or re-grant of an employment service license, but not seriously enough to be examined for penal liability;

c) Modifying or falsifying the contents of the granted employment service license, but not seriously enough to be examined for penal liability;

d) Forging documents and papers in the dossier of application for grant, extension or re-grant of the employment service license, but not seriously enough to be examined for penal liability;

dd) Forging the employment service license, but not seriously enough to be examined for penal liability;

e) Failing to satisfy one of the conditions for being granted a license as prescribed by the law provisions.

6. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on the act of forging employment service operation licenses but not seriously enough to be examined for penal liability.

7. Additional penalties

Confiscation of material evidences and means of administrative violations, which are forged employment service licenses, for violations prescribed at Point dd, Clause 5, and Clause 6 of this Article.

8. Remedial measures

a) Compelling the refund of the amounts collected from individuals and organizations using employment services to them and the interest thereof, calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed on violations prescribed in Clause 4 of this Article;

b) Compelling the return of the license of the employment service enterprise granted by the competent authority to such competent authority, for the violations prescribed at Point c, Clause 5 of this Article.

Article 8. Violations against regulations on recruitment and management of workers

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to declare the use of labor as prescribed by the law provisions;

b) Collecting money from workers participating in labor recruitment;

c) Failing to display or record all information about the workers in the labor management book from the date the worker starts working;

d) Failing to present the labor management book at the request of a competent State management agency.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that commits one of the following acts:

a) Discriminating against workers, other than the discriminatory acts prescribed at Point d, Clause 1 of Article 13, Clause 2 of Article 23, Clause 1 of Article 36 and Clause 2, Article 37 of this Decree;

b) Employing workers who have no vocational training or national occupational skill certificates for the occupations or jobs which require workers who have received vocational training or national occupational skill certificates;

c) Failing to report changes related to workers as prescribed by the law provisions;

d) Making no labor management book or failing to make a labor management book on time or failing to cover its principal contents as prescribed by the law provisions.

3. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed on one of the following acts: enticing; seducing; promising; falsely advertising or using other tricks to deceive workers or recruit workers for labor exploitation or forced labor, but not seriously enough to be examined for penal liability.

4. Remedial measures

Compelling the employer to refund the amounts collected from the worker, for violations prescribed at Point b, Clause 1 of this Article.

Article 9. Violations against regulations on entering into labor contracts

1. Fines shall be imposed on any employer that commits one of the following acts: entering into a non-written labor contract with the worker doing the job with a term of full 1 month or more; entering into a non-written labor contract with a person authorized to enter into a contract on behalf of a group of workers of full 18 years of age or older who do seasonal or specific jobs with a term of less than 12 months as prescribed in Clause 2, Article 18 of the Labor Code; entering into labor contracts of inappropriate types with workers; entering into a labor contract with incomplete main contents as prescribed by the law provisions, as follows:

a) A fine of between VND 2,000,000 and VND 5,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 5,000,000 and VND 10,000,000 for violations related to between 11 and 50 workers;

c) A fine of between VND 10,000,000 and VND 15,000,000 for violations related to between 51 and 100 workers;

d) A fine of between VND 15,000,000 and VND 20,000,000 for violations related to between 101 and 300 workers;

dd) A fine of between VND 20,000,000 and VND 25,000,000 for violations related to 301 workers or more.

2. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on any employer that commits one of the following acts:

a) Keeping originals of workers’ identity papers, diplomas or certificates when entering into or performing labor contracts;

b) Compelling workers to make deposits in cash or property as security for the performance of labor contracts.;

c) Entering into labor contracts with workers of full 15 years of age to under 18 years of age without the written consent of such workers’ legal representatives.

3. Remedial measures

a) Compelling the employer to enter into a written labor contract with the worker when entering into a non-written labor contract with a term of full 1 month or more with such worker as prescribed in Clause 1 of this Article;

b) Compelling the employer to enter into a written labor contract with the person authorized to enter into the labor contract on behalf of the group of workers who do seasonal or specific jobs with the term of less than 12 months, when such employer commits the act of failing to enter into a written labor contract with a person authorized to enter into the labor contract on behalf of a group of workers of full 18 years of age or older who do seasonal or specific jobs with a term of less than 12 months as prescribed in Clause 2, Article 18 of the Labor Code as prescribed in Clause 1 of this Article;

c) Compelling the employer to enter into a contract of the right type with the worker when such employer commits the act of entering into a labor contract of inappropriate type with the worker as prescribed in Clause 1 of this Article;

d) Compelling the employer to return the original identity paper; diploma; certificate of the worker kept by such employer, for the violations prescribed at Point a, Clause 2 of this Article;

dd) Compelling the employer to return the worker's money or assets kept by such employer, and the interest on such money, calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed on the violations prescribed at Point b, Clause 2 of this Article.

Article 10. Violations against regulations on probation

1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed on any employer that commits one of the following acts:

a) Requesting workers under labor contracts with the term of less than 01 month undergo probation;

b) Failing to notify the worker of probation results as prescribed.

2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed on any employer that commits one of the following acts:

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

b) Requiring workers to undergo probation longer than permissible;

c) Paying workers undergoing probation less than 85% of the wage of such job;

d) Failing to enter into a labor contract with the worker who successfully underwent probation, if the two parties have entered into a probationary contract.

3. Remedial measures

a) Compelling the employer to pay full wages for such job to the worker when such employer commits the violations prescribed at Point a, Clause 1, Points a, b, c, Clause 2 of this Article;

b) Compelling the employer to enter into a labor contract with the worker when such employer commits the violations prescribed at Point d, Clause 2 of this Article.

Article 11. Violations against regulations on performance of labor contracts

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on any employer that assigns the worker temporarily to perform a job which is not stated in the labor contract but fails to notify such worker before 03 working days or fails to notify or unclearly notifies such worker the duration of temporary assignment or assigns the job that is not suitable to the worker’s health and gender.

2. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed on any employer that commits one of the following acts:

a) Arranging the worker to work at the workplace which is different from the one agreed upon in the labor contract, unless otherwise prescribed in Article 29 of the Labor Code;

b) Failing to re-employ the worker after the labor contract suspension period expires, if such labor contract is still valid, unless otherwise agreed upon by the employer and the worker or otherwise prescribed by the law provisions;

c) Assigning the worker to a job which is not stated in the labor contract for no reason; without time limit for the assignment or without the worker’s written consent as prescribed by the law provisions.

3. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed on the act of sexual harassment at work, but not seriously enough to be examined for penal liability.

4. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed on any employer that commits one of the following acts:

a) Forcing labor or maltreating workers, but not seriously enough to be examined for penal liability;

b) Compelling workers to perform labor contracts to pay debts for the employer.

5. Remedial measures

a) Compelling the employer to arrange the appropriate job at the right workplace for the worker as agreed in the labor contract when such employer commits the violations prescribed at Point a, Clause 2 of this Article;

b) Compelling the employer to re-employ the worker after the labor contract suspension period expires, unless otherwise agreed by the two parties or otherwise prescribed by the law provisions, and to pay wages to the worker for the days off after the labor contract suspension period expires, for the violations prescribed at Point b, Clause 2 of this Article;

c) Compelling the employer to assign the worker to the job as stated in the signed labor contract when such employer commits the violations prescribed at Point c, Clause 2 of this Article.

Article 12. Violations against regulations on amendment, supplementation, termination of labor contracts

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on any employer that fails to notify the worker in writing of the termination of the labor contract when such labor contract is terminated as prescribed in the Labor Code, unless otherwise prescribed in Clauses 4, 5, 6, 7 and 8, Article 34 of the Labor Code.

2. Fines shall be imposed on any employer that commits one of the following acts: Amending the term of the contract by adding an appendix to such labor contract; failing to comply with regulations on the time limit for payment of the worker’s benefits upon termination of the labor contract; failing to pay or paying inadequate severance allowance as prescribed by the law provisions to the worker; failing to pay or paying inadequate job-loss allowance as prescribed by the law provisions to the worker; failing to pay or paying inadequate money as prescribed by the law provisions to the worker when unilaterally terminating the labor contract illegally; failing to complete the procedures to confirm the time of payment of social insurance and unemployment insurance premiums and to return them together with the originals of other papers to the worker after the termination of the labor contract as prescribed by the law provisions; failing to provide copies of documents related to the worker’s working history at the request of such worker after the termination of the labor contract, as follows:

a) A fine of between VND 1,000,000 and VND 2,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 2,000,000 and VND 5,000,000 for violations related to between 11 and 50 workers;

c) A fine of between VND 5,000,000 and VND 10,000,000 for violations related to between 51 and 100 workers;

d) A fine of between VND 10,000,000 and VND 15,000,000 for violations related to between 101 and 300 workers;

dd) A fine of between VND 15,000,000 and VND 20,000,000 for violations related to 301 workers or more.

3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that commits one of the following acts:

a) Laying off the worker due to structural or technological changes or because of economic reasons in one of the following cases: Failing to consult in advance with the workers’ representative organization at the grassroots level where there is such a workers’ representative organization of which the worker is a member; failing to notify 30 days in advance to the provincial-level People’s Committee or the worker;

b) In case of structural or technological changes or because of economic reasons; division, splitting, merger, consolidation; sale, lease the enterprise, change in the type of business; transfer of ownership, right to use assets of the enterprise or cooperative where the employer commits one of the following acts: failing to make a labor use plan; making a labor use plan but failing to cover all principal contents as prescribed by the law provisions, or failing to consult with the workers’ representative organization at the grassroots level where there is such a representative organization when making the labor use plan;

c) Applying the regulations on evaluating the level of work performance to workers but failing to consult with the workers’ representative organization at the grassroots level where there is such a representative organization.

4. Remedial measures

a) Compelling the employer to fully pay the severance or job-loss allowance to the worker and the interest on the unpaid amount, calculated according to the highest demand deposit interest rate of the State commercial banks announced at the time the penalties are imposed on the act of failing to pay or paying inadequate severance or job-loss allowance to the worker as prescribed in Clause 2 of this Article;

b) Compelling the employer to complete the procedures to confirm and return other documents kept by the employer to the worker when such employer commits the act of failing to complete the procedures to confirm the time of payment of social insurance and unemployment insurance premiums and to return them together with the originals of other papers to the worker as prescribed by the law provisions after the termination of the labor contract, as prescribed in Clause 2 of this Article;

c) Compelling the employer to pay the worker an amount equal to the wages of the unexpected working days according to the labor contract when such employer commits the violations against the regulations on time limits for advance notification as prescribed at Point a, Clause 3 of this Article.

Article 13. Violations against regulations on labor leasing

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on any labor lessee that commits one of the following acts:

a) Failing to notify or instruct the leased worker to know one of the following contents: internal labor regulations; dangerous and harmful factors; measures to ensure occupational safety and health at the workplace, and other regulations of such employer;

b) Failing to organize training on occupational safety and health for leased workers as prescribed by the law provisions;

c) Failing to provide first-aid and emergency services to victims in a timely manner; failing to declare or investigate accidents when occupational accidents or technical incidents cause occupational safety and health failure for leased workers as prescribed by the law provisions;

d) Discriminating between the leased worker and its own workers regarding working conditions.

2. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on any labor lessee that commits one of the following acts:

a) Employing leased workers to perform jobs that are not on the list of jobs that can be performed by leased workers;

b) Employing workers leased by an enterprise that does not have a labor leasing license or has an expired license;

c) Replacing its own workers who are exercising the right to strike and settling labor disputes with leased workers;

d) Replacing its own workers who have been laid off due to structural or technological changes, economic reasons or division; splitting; consolidation; merger with leased workers;

dd) Sub-leasing leased workers to another employer;

e) Employing the leased worker without having a specific agreement with the labor leasing enterprise on the obligation for compensating for occupational accidents and diseases for such leased worker;

g) Employing leased workers when such employer does not fall into one of the following cases: temporarily facing a sudden increase in demand for labor in a certain period of time; replacing workers who take maternity leave, suffer occupational accidents or diseases, or perform civic obligations; having a need to employ highly qualified professional and technical workers.

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

a) Failing to compile a dossier stating the number of leased workers and the labor lessee;

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

c) Failing to post the original license at the head office and a certified copy of the original license at branches and representative offices (if any) of the labor leasing enterprise;

d) Failing to send a certified copy of the license to the Department of Labor, Invalids and Social Affairs of the province where the enterprise moves to, if such enterprise moves to another province;

dd) Failing to cooperate with the labor lessee in investigating an occupational accident that seriously injures the leased worker in accordance with the law provisions;

e) Failing to notify the leased worker the contents of occupational safety and health in the labor leasing contract;

g) Failing to appoint staff to regularly supervise, coordinate or inspect the assurance of occupational safety and health for the leased workers of the labor lessee.

4. Fines shall be imposed on any labor leasing enterprise that commits one of the following acts: paying wages to the leased worker lower than that of a worker of the labor lessee, who has the same qualifications, or do the same job or a job of similar value; failing to properly comply with benefits for workers suffering from occupational accidents or diseases as prescribed by the law provisions; failing to notify or falsely notifying the worker of the contents of the labor leasing contract, as follows:

a) A fine of between VND 10,000,000 and VND 20,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 20,000,000 and VND 40,000,000 for violations related to between 11 and 50 workers;

c) A fine of between VND 40,000,000 and VND 60,000,000 for violations related to between 51 and 100 workers;

d) A fine of between VND 60,000,000 and VND 80,000,000 for violations related to between 101 and 300 workers;

dd) A fine of between VND 80,000,000 to VND 100,000,000 for violations related to 301 workers or more.

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

a) Leasing workers without a labor leasing license;

b) Leasing workers with an expired labor leasing license.

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

a) Allowing other enterprises, organizations and individuals to use its own labor leasing operation license to conduct labor leasing;

b) Leasing workers to perform jobs that are not on the list of jobs to be performed by leased workers;

c) Leasing workers for more than 12 months;

d) Modifying or falsifying documents and papers in the dossier of application for grant, extension, and re-grant of the labor leasing license, but not seriously enough to be examined for penal liability;

dd) Modifying or falsifying the contents of the granted labor leasing license, but not seriously enough to be examined for penal liability;

e) Forging the labor leasing license, but not seriously enough to be examined for penal liability;

g) Forging documents and papers in the dossier of application for grant, extension, and re-grant of the labor leasing license, but not seriously enough to be examined for penal liability;

h) Failing to satisfy one of the conditions to be granted a license as prescribed by the law provisions.

7. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on the act of forging the labor leasing license, but not seriously enough to be examined for penal liability.

8. Additional penalties

a) Deprivation of the right to use the labor leasing license for 06 to 12 months, for the violations prescribed at Point c, Clause 6 of this Article;

b) Confiscation of material evidences and means of administrative violations, which are forged labor leasing licenses, for the violations prescribed at Point e, Clause 6, and Clause 7 of this Article.

9. Remedial measures

a) Compelling the labor leasing enterprise to pay the difference in wages to the workers when such enterprise commits the act of paying wages to the leased worker lower than that of a worker of the labor lessee, who has the same qualifications, or do the same job or a job of similar value as prescribed in Clause 4 of this Article;

b) Compelling the payment of the illegally-gained profits from labor lease into the State budget, for the violations prescribed in Clause 5 of this Article;

c) Compelling the return of the labor leasing license granted by a competent State agency to such agency when such employer commits the violations prescribed at Point dd, Clause 6 of this Article.

Article 14. Violations against regulations on training and retraining to improve qualifications of occupational skills

1. A fine shall be imposed on any employer that commits one of the following acts: failing to provide training for the worker before assigning the worker to perform another job for such employer; failing to cover the main contents of the vocational training contract as prescribed in Clause 2, Article 62 of the Labor Code; collecting tuition fees from apprentices or on-the-job trainees who work for such employer; failing to enter into training contracts with apprentices or on-the-job trainees who work for the employer which is not required to register for its vocational training activities as prescribed in Clause 3, Article 61 of the Labor Code; failing to pay wages to apprentices or on-the-job trainees during their apprenticeship or on-the-job training if they directly make, or participate in the making of, products; failing to enter into labor contracts with the apprentices or on-the-job trainees who satisfy all the conditions prescribed by the Labor Code after their apprenticeship or on-the-job training is completed, as follows:

a) A fine of between VND 500,000 and VND 2,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 2,000,000 and VND 5,000,000 for violations related to between 11 and 50 workers;

c) A fine of between VND 5,000,000 and VND 10,000,000 for violations related to between 51 and 100 workers;

d) A fine of between VND 10,000,000 and VND 15,000,000 for violations related to between 101 and 300 workers;

dd) A fine of between VND 15,000,000 and VND 20,000,000 for violations related to 301 workers or more.

2. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed on any employer that commits one of the following acts:

a) Making use of apprenticeship or on-the-job training for the purpose of self-seeking and exploiting labor, or enticing or compelling apprentices or on-the-job trainees to carry out illegal activities;

b) Recruiting apprentices or on-the-job trainees who are under 14 years of age, unless for occupations and jobs permitted by the law provisions;

c) Recruiting on-the-job trainees with the on-the-job training exceeding 03 months.

3. Remedial measures

a) Compelling the employer to refund the tuition fees collected from the apprentices or on-the-job trainees who work for such employer when the employer commits the act of collecting tuition fees from the apprentices or on-the-job trainees who work for it as prescribed in Clause 1 of this Article;

b) Compelling employers to pay wages to apprentices or on-the-job trainees when such employer fails to pay wages to them during their apprenticeship or on-the-job training, but they directly make, or participate in the making of products, as prescribed in Clause 1 of this Article;

c) Compelling the employer to pay illegally-gained profits into the State budget, for the violations prescribed at Point a, Clause 2 of this Article.

Article 15. Violations against regulations on dialogue at workplace

A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that commits one of the following acts:

1. Failing to develop, promulgate, amend or supplement regulations on grassroots-level democracy at the workplace in accordance with the law provisions.

2. Failing to hold periodic dialogues at workplace; failing to conduct dialogues upon request; failing to coordinate in organizing workers’ conferences as prescribed by the law provisions.

3. Failing to publicize the main contents of the dialogue or the regulations on grassroots-level democracy at the workplace in accordance with the law provisions.

4. Failing to arrange the location, time and other necessary material conditions for holding dialogues at the workplace.

5. Failing to send or sending the wrong representatives of the employer as prescribed by the law provisions to participate in the dialogue at the workplace.

6. Failing to report the State management agency in charge of labor on the implementation of dialogues and regulations on grassroots-level democracy at the workplace upon such agency’s request

Article 16. Violations against regulations on collective bargaining and collective labor agreements

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to send the collective labor agreement to the specialized labor agency affiliated to the People’s Committee of the province where its head office is located in accordance with the law provisions;

b) Failing to pay expenses for the bargaining; sign; amend and supplement; send; announce the collective labor agreement;

c) Failing to provide information on time as prescribed or providing false information about: the situation of production and business activities; other contents directly related to the bargaining as prescribed at the request of the workers’ representative to conduct the collective bargaining;

d) Failing to announce the signed collective bargaining agreement to workers.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to provide information on: production and business activities; other contents directly related to the bargaining as prescribed at the request of the workers’ representative to conduct the collective bargaining;

b) Failing to arrange the time, location or necessary conditions for holding collective bargaining meetings.

3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on any employer that commits one of the following acts:

a) Refusing collective bargaining at the request of the requesting party;

b) Implementing the contents of a collective labor agreement which has been declared invalid;

c) Causing difficulties, obstructing or interfering the workers’ representative organization when it is discussing and collecting opinions of workers.

Article 17. Violations against regulations on wages

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to publicly announce the wage scale, payroll, output quotas and reward scheme at the workplace before they take effect;

b) Failing to formulate the wage scale, payroll or determine the output quotas; failing to pilot the output quotas before they are officially promulgated;

c) Failing to consult the workers’ representative organization at the grassroots level where there is such a workers’ representative organization when formulating the wage scale, payroll, output quotas and reward scheme;

d) Failing to notify the pay slip to the worker or notifying the pay slip in contravention of the law provisions;

dd) Failing to pay equal wages or discriminating between workers doing jobs of equal value on the basis of sex.

2. Fines shall be imposed on any employer that commits one of the following acts: Failing to pay wages on time as prescribed by the law provisions; failing to pay or paying inadequate wages to the worker compared to that agreed in the labor contract; failing to pay or paying inadequate wages for overtime work; failing to pay or paying inadequate wages for night work; failing to pay or paying inadequate wages in case of work suspension as prescribed by the law provisions to workers; restricting or interfering with workers’ right to spend their own wages; forcing workers to spend wages on the purchase of goods or services from such employer or other units designated by such employer; withholding wages of workers in contravention of the law provisions; failing to pay or paying inadequate wage as prescribed to workers when temporarily assigning such workers to the jobs which are not stated in the labor contract or while such workers participate in a strike; failing to pay or paying inadequate wages to workers for the annual leaves that such workers does not take or has not taken yet when they resign or lose their jobs; failing to pay in advance or paying in advance inadequate wages to workers during the temporary suspension of work as prescribed by the law provisions; paying inadequate wages to the workers during such workers’ temporary suspension of work if they are imposed disciplinary actions, as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 for violations related to between 01 and 10 workers;

b) A fine of between VND 10,000,000 and VND 20,000,000 for violations related to between 11 and 50 workers;

c) A fine of between VND 20,000,000 and VND 30,000,000 for violations related to between 51 and 100 workers;

d) A fine of between VND 30,000,000 and VND 40,000,000 for violations related to between 101 and 300 workers;

dd) A fine of between VND 40,000,000 and VND 50,000,000 for violations related to 301 workers or more.

3. Fines shall be imposed on any employer that pays workers less than the minimum wage prescribed by the Government, as follows:

a) A fine of between VND 20,000,000 and VND 30,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 30,000,000 and VND 50,000,000 for violations related to between 11 and 50 workers;

c) A fine of between VND 50,000,000 and VND 75,000,000 for violations related to 51 workers or more.

4. Fines shall be imposed on any employer that commits the act of failing to pay or inadequately paying, at the same time with the payment of wages, an amount equal to the compulsory social insurance, health insurance, unemployment insurance premiums paid by such employer for the workers who are not subject to compulsory social insurance, health insurance and unemployment insurance as prescribed by the law provisions, as follows:

a) A fine of between VND 3,000,000 and VND 5,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 5,000,000 and VND 8,000,000 for violations related to between 11 and 50 workers;

c) A fine of between VND 8,000,000 and VND 12,000,000 for violations related to between 51 and 100 workers;

d) A fine of between VND 12,000,000 and VND 15,000,000 for violations related to between 101 and 300 workers;

dd) A fine of between VND 15,000,000 and VND 20,000,000 for violations related to 301 workers or more.

5. Remedial measures

a) Compelling the employer to pay full wages and the interest on the late payment or underpayment thereof to the worker, calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed on the violations prescribed in Clauses 2 and 3 of this Article;

b) Compelling the employer to fully pay an amount equal to the compulsory social insurance, health insurance and unemployment insurance premiums for the worker and the interest thereof, calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed on the violations prescribed in Clause 4 of this Article.

Article 18. Violations against regulations on working hours and rest time

1. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to allow the worker to take personal leave or unpaid leave as prescribed by the law provisions;

b) Failing to notify in writing the Department of Labor, Invalids and Social Affairs of the provinces where the overtime work is organized and where such employer’s head office is located about the organization of work with the total overtime working hours of between more than 200 hours and 300 hours per year.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on any employer that violates the law provisions on weekly or annual leaves or public holidays.

3. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on any employer that commits one of the following acts:

a) Requiring its working hours to be more than working hours prescribed by the law provisions;

b) Mobilizing workers to work overtime without the workers’ consent, unless otherwise prescribed in Article 108 of the Labor Code.

4. Fines shall be imposed on any employer that commits one of the following acts: failing to allow workers to breaks during working hours or shift breaks as prescribed by the law provisions; mobilizing workers to work overtime in excess of the overtime working hours prescribed by the law provisions, as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 10,000,000 and VND 20,000,000 for violations related to between 11 and 50 workers;

c) A fine of between VND 20,000,000 and VND 40,000,000 for violations related to between 51 and 100 workers;

d) A fine of between VND 40,000,000 and VND 60,000,000 for violations related to between 101 and 300 workers;

dd) A fine of between VND 60,000,000 and VND 75,000,000 for violations related to 301 workers or more.

Article 19. Violations against regulations on labor discipline and material responsibilities

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on any employer that fails to notify all workers of the labor regulations or fails to post the main contents of the labor regulations in necessary places at the workplace.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to have written labor regulations when employing 10 or more workers;

b) Failing to register the internal labor regulations as prescribed by the law provisions;

c) Failing to consult the workers’ representative organization at the grassroots level where there is such a workers’ representative organization before promulgating, amending or supplementing the internal labor regulations;

d) Applying labor regulations that do not take effect or have expired;

dd) Imposing disciplinary actions on workers, compensating for damage in contravention of the order, procedures, and time limits as prescribed by the law provisions;

e) Temporarily suspending the worker’s work beyond the time limit as prescribed by the law provisions;

g) Failing to consult the workers’ representative organization at the grassroots level of which the worker is a member before suspending such worker’s work.

3. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed on any employer that commits one of the following acts:

a) Harming the health, honor, life, reputation or dignity of the worker when imposing labor disciplinary actions on such worker, but not seriously enough to be examined for penal liability;

b) Fining the worker or deducting his/her wages as a labor disciplinary action;

c) Imposing disciplinary actions on workers who commit violations that are not prescribed in the internal labor regulations or are not agreed upon in the signed labor contracts or are not prescribed by the law provisions on labor;

d) Imposing multiple labor disciplinary actions on a violation of labor discipline;

dd) Imposing disciplinary actions on workers who are taking sick leave; nursing leave; or leave consented by the employer; being temporarily detained; being held in custody; waiting for the results of investigation, verification and conclusions on their violations by the competent authorities as prescribed in Clauses 1 and 2, Article 125 of the Labor Code.

4. Remedial measures

a) Compelling the employer to re-employ the worker and pay full wages under the labor contract to such worker for the days off when the employer applies the disciplinary action of dismissal to such worker, for the violations prescribed at Point dd, Clause 2 and Point c, Clause 3 of this Article;

b) Compelling the employer to pay full wages for the days during which the worker is under temporary work suspension when such employer commits the violations prescribed at Points e, g, Clause 2 of this Article;

c) Compelling the employer to publicly apologize to the worker and pay all treatment costs and wages to the worker during the treatment period if the infringement causes bodily harm to such worker so that he/she has to be treated at a health facility when such employer commits the violations prescribed at Point a, Clause 3 of this Article;

d) Compelling the employer to refund the collected money or to pay full wages to the worker, for the violations prescribed at Point b, Clause 3 of this Article.

Article 20. Violations against regulations on reporting on occupational safety and health work

1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed on any worker who fails to promptly report to the responsible person when detecting the risk of technical incidents that may cause occupational health and safety failure, occupational accidents or diseases.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on any employer that fails to report, or delays the reporting, on occupational safety and health work as prescribed by the law provisions.

3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that commits one of the following acts: failing to make statistics on occupational accidents; failing to periodically report, or reporting incompletely or incorrectly, or failing to report on time on occupational accidents and diseases; failing to periodically report, or reporting incompletely or incorrectly, or failing to report on time on technical incidents that may cause serious occupational safety and health failure as prescribed by the law provisions.

Article 21. Violations against regulations on measures to ensure occupational safety and health

1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed on any employer that fails to compile the dossier on the occupation-related environmental sanitation regarding harmful factors and the prevention of occupational diseases as prescribed by the law provisions.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to formulate, issue or organize the implementation of plans, internal regulations and procedures to ensure occupational safety and health at the workplace or failing to consult the Executive Committee of the grassroots-level trade union when formulating such plans and regulations;

b) Failing to appoint a section or staff to perform occupational safety and health work or appointing staff to perform occupational safety and health work who does not fully satisfy the conditions as prescribed by the law provisions; failing to arrange a medical section or staff, or failing to enter into a contract with a qualified medical examination and treatment establishment as prescribed, or appointing staff to perform medical work who does not fully meet the conditions as prescribed by the law provisions;

c) Failing to appoint adequate first-aid and emergency staff at the workplace as prescribed by the law provisions;

d) Failing to organize training for first-aid and emergency staff at the workplace or organizing such training in contravention of the law regulations.

3. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to periodically inspect and maintain machinery, equipment, workshops and warehouses as prescribed by the law provisions;

b) Failing to equip occupational safety and health equipment at the workplace as prescribed by the law provisions;

c) Failing to formulate or issue a plan for incident or emergency response at the workplace;

d) Failing to make plans on measures for ensuring occupational safety and occupational hygiene in the workplace when building, extending, or upgrading the constructions and facilities for producing, using, preserving and storing machinery, equipment, supplies, and substances subject to strict hygiene and safety requirements;

dd) Failing to investigate occupational accidents under its responsibility as prescribed by the law provisions; failing to declare or declaring untimely or falsely occupational accidents; failing to declare or declaring untimely or falsely technical incidents that may cause serious occupational safety and health failure;

e) Failing to arrange adequate suitable bathrooms and toilets at the workplace as prescribed by the law provisions;

g) Failing to equip technical and medical equipment for timely first-aid and emergency treatment when a technical incident, which may cause serious occupational safety and health failure, or an occupational accident occurs.

4. Fines shall be imposed on any employer that fails to implement or inadequately implements labor protection and health care for workers doing heavy, hazardous or dangerous occupations or jobs and those doing particularly heavy, hazardous or dangerous occupations and jobs as prescribed by the law provisions, as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 10,000,000 and VND 20,000,000 for violations related to between 11 and 50 workers;

c) A fine of between VND 20,000,000 and VND 40,000,000 for violations related to between 51 and 100 workers;

d) A fine of between VND 40,000,000 and VND 60,000,000 for violations related to between 101 and 300 workers;

dd) A fine of between VND 60,000,000 and VND 75,000,000 for violations related to 301 workers or more.

5. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed on any employer that fails to assess and classify workers based on working conditions related to heavy, hazardous and dangerous occupations and jobs, and particularly heavy, hazardous and dangerous in order to carry out the benefits for workers as prescribed in Clause 3, Article 22 of the Law on Occupational Safety and Health.

Article 22. Violations against regulations on prevention of occupational accidents and diseases

1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed on any worker who commits one of the following acts:

a) Failing to use personal protective equipment as provided;

b) Failing to participate in providing emergency treatment and relieving consequences of the occupational accident at the request of the employer or a competent State agency.

2. Any employer that fails to organize regular health check-ups and occupational examinations for workers shall be imposed a fine of between VND 1,000,000 and VND 3,000,000 per worker, but the total fine shall not exceed VND 75,000,000.

3. Any employer that fails to organize health check-ups before assigning workers to other occupations or jobs which are heavier and more hazardous, dangerous than the previous ones, or after such workers recovered from occupational accidents or diseases and return to work, shall be imposed a fine of between VND 5,000,000 and VND 10,000,000 per worker, but the total fine shall not exceed VND 75,000,000, unless the workers have been determined the working ability loss by the Medical Assessment Council.

4. Any employer who commits one of the following acts shall be imposed a fine of between VND 10,000,000 and VND 15,000,000 per worker, with the total fine not exceeding VND 75,000,000:

a) Failing to provide treatment, nursing or rehabilitation to workers suffering from occupational diseases or accidents;

b) Failing to assign appropriate jobs to workers suffering from occupational diseases or accidents according to the conclusions of the Medical Assessment Council.

5. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to inform workers about one of the following contents: the situation of occupational accidents and diseases; dangerous and harmful factors; measures to ensure occupational safety and health at the workplace;

b) Failing to identify or assess the dangerous and harmful factors at the workplace;

c) Failing to arrange warning signs, instruction boards in Vietnamese and the common language of workers on occupational safety and health regarding machinery, equipment, supplies, and substances subject to strict hygiene and safety requirements at the workplace, the facilities for producing, using, preserving and storing them, and easy-to-read and conspicuous locations.

6. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed on any employer that fails to formulate plans, and to deploy, summarize and evaluate the risks of occupational safety and hygiene for production and business facilities with high risks of occupational accidents and occupational disease.

7. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to immediately take remedial measures or stop the operation of the machinery, equipment, or workplace posing risks of occupational accidents or occupational diseases;

b) Failing to take measures for decontamination and sterilization at the workplace having contaminating or infective factors;

c) Failing to respond to incidents or emergencies when such employer detects risks, or when occupational accidents and technical incidents occur at the workplace, which may cause occupational safety and hygiene failure that beyond the control of such employer.

8. Fines shall be imposed on any employer that commits one of the following acts: failing to provide or inadequately providing personal protective equipment, or providing those that do not have the quality as prescribed by the law provisions; failing to implement the allowance in kind or implementing the allowance in kind at a rate lower than the prescribed rate; paying in cash instead of compensating in kind to workers working in dangerous or harmful conditions, as follows:

a) A fine of between VND 3,000,000 and VND 6,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 6,000,000 and VND 10,000,000 for violations related to between 11 and 50 workers;

c) A fine of between VND 10,000,000 and VND 15,000,000 for violations related to between 51 and 100 workers;

d) A fine of between VND 15,000,000 and VND 20,000,000 for violations related to between 101 and 300 workers;

dd) A fine of between VND 20,000,000 and VND 30,000,000 for violations related to 301 workers or more.

9. A fine of between VND 25,000,000 and VND 40,000,000 shall be imposed on any employer that violates the national technical regulations on occupational safety and health (other than those prescribed in Clause 8 of this Article and Article 24 of this Decree).

10. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on any employer that commits one of the following acts:

a) Compelling workers to work when there is a risk of an occupational accident that may seriously threaten their health and lives, which is against the law provisions;

b) Preventing workers from leaving the workplace when there is a risk of an occupational accident that may seriously threaten their health and lives, which is against the law provisions;

c) Compelling workers to continue working when the risks of occupational accidents, which may seriously threaten their health and lives, have not been removed in accordance with the law provisions.

11. Remedial measures

Compelling the employer to pay the worker a compensation in kind which may be converted into money at the prescribed rate, for acts of failing to implement the allowance in kind or implementing the allowance in kind at a rate lower than the prescribed rate for workers working in dangerous or harmful conditions prescribed in Clause 8 of this Article.

Article 23. Violations against regulations on an employer’s responsibilities for occupational accidents and diseases

1. Any employer who commits the following acts shall be imposed a fine of between VND 2,000,000 and VND 4,000,000 per worker, with the total fine not exceeding VND 75,000,000:

a) Failing to timely provide first-aid or emergency treatment to workers suffering from occupational accidents;

b) Failing to pay the co-payments and other expenses not on the list covered by health insurance for workers suffering from occupational accidents and diseases and participating in health insurance;

c) Failing to pay in advance the first-aid or emergency treatment expenses or failing to pay all medical expenses from the first-aid or emergency stage to the stable treatment stage for workers suffering from occupational accidents or diseases and not participating in health insurance;

d) Failing to send workers suffering from occupational accidents or diseases to undergo medical assessment, determine their levels of work ability loss, receive treatment and occupational rehabilitation as prescribed by the law provisions;

dd) Failing to paying expenses for taking a medical assessment to determine the worker's level of work ability loss, which is under the responsibility of such employer as prescribed by the law provisions;

e) Failing to perform or performing inadequately or failing to perform on time the compensation or allowance for workers suffering from occupational accidents or diseases as prescribed by the law provisions.

2. Fines shall be imposed on any employer that commits one of the following acts: discriminating against workers who refuse to do the jobs or leave the workplace when it is clear that there is a risk of an occupational accident that may seriously threaten their lives or health; discriminating against the persons in charge of occupational safety and health work, hygiene and medical workers on the grounds of that they have performed the jobs or tasks related to occupational safety and health at the workplace, as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 10,000,000 and VND 20,000,000 for violations related to between 11 and 50 workers;

c) A fine of between VND 20,000,000 and VND 30,000,000 for violations related to between 51 and 100 workers;

d) A fine of between VND 30,000,000 and VND 40,000,000 for violations related to between 101 and 300 workers;

dd) A fine of between VND 40,000,000 and VND 50,000,000 for violations related to 301 workers or more.

3. Remedial measures

a) Compelling the employer to pay the co-payments and other expenses not covered by health insurance for workers suffering from occupational accidents and diseases and participating in health insurance, for the violations prescribed at Point b, Clause 1 of this Article;

b) Compelling the employer to pay all medical expenses from the first-aid or emergency stage to the stable treatment stage for workers suffering from occupational accidents or diseases and not participating in health insurance, for the violations prescribed at Point c, Clause 1 of this Article;

c) Compelling the employer to send workers suffering from occupational accidents or diseases to undergo medical assessment, determine the level of work ability loss, receive treatment and occupational rehabilitation as prescribed by the law provisions when such employer commits the violations prescribed at Point d, Clause 1 of this Article;

d) Compelling the employer to pay expenses for taking a medical assessment to determine the level of work ability loss in the cases that the employer send the worker to the Medical Assessment Council to determine his/her level of work ability loss and the worker is concluded to lose less than 5% of his/her work ability, for the violations prescribed at Point dd, Clause 1 of this Article;

dd) Compelling the employer to pay the worker the allowance or compensation and the interest thereof, calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed on the violations prescribed at Point e, Clause 1 of this Article.

Article 24. Violations against regulations on the use of machinery or equipment subject to strict occupational safety and health requirements

Fines shall be imposed on violations against regulations on the use of machinery, equipment and supplies subject to strict occupational safety requirements as follows:

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on the act of failing to report to the local Department of Labor, Invalids and Social Affairs within 30 days before or after the machinery, equipment, supplies and substances subject to strict occupational safety requirements are put into use.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on the act of failing to keep adequate technical records of the machinery, equipment and supplies subject to strict occupational safety requirements.

3. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed on one of the following acts: violating one of the provisions of the national technical regulations on occupational safety and health during the use of machinery, equipment and supplies subject to strict occupational safety requirements; using machinery, equipment and supplies subject to strict occupational safety requirements that have not been certified in conformity with the respective national technical regulations; using machinery, equipment and supplies subject to strict occupational safety and health requirements that are not of clear origin, or have expired.

4. Fines shall be imposed on the acts of failing to inspect the machinery, equipment and supplies subject to strict occupational safety and health requirements before putting them into use, or failing to conduct periodic inspections thereof in accordance with the law provisions, as follows:

a) A fine of between VND 20,000,000 and VND 30,000,000 for violations related 01 machine, piece of equipment and supply to 03 machines, pieces of equipment and supplies;

b) A fine of between VND 30,000,000 and VND 50,000,000 for violations related to between 04 and 10 machines, pieces of equipment and supplies;

c) A fine of between VND 50,000,000 and VND 75,000,000 for violations related to between 11 and 20 machines, pieces of equipment and supplies;

d) A fine of 75,000,000 VND for violations related to 21 machines, pieces of equipment and supplies or more.

5. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed on the act of continuing to use the machinery, equipment and supplies subject to strict occupational safety and health requirements that fail the inspection.

Article 25. Violations against regulations on training in occupational safety and health

1. Fines shall be imposed on any employer that fails to provide training courses in occupational safety and health for workers in accordance with the law provisions, or reaches an agreement with training organizations to not provide training courses but have training results, or employs workers to perform jobs subject to strict requirements on occupational safety and health without providing them with a safety card as prescribed by the law provisions before assigning them to such jobs as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 10,000,000 and VND 20,000,000 for violations related to between 11 workers and 50 workers;

c) A fine of between VND 20,000,000 and VND 30,000,000 for violations related to between 51 workers and 100 workers;

d) A fine of between VND 30,000,000 and VND 40,000,000 for violations related to between 101 workers and 300 workers;

dd) A fine of between VND 40,000,000 and VND 50,000,000 for violations related to 301 workers or more.

2. Fines shall be imposed on any organization providing training courses in occupational safety and health that commits violations against regulations on the occupational safety and health training as follows:

a) A fine of between VND 1,000,000 and VND 3,000,000 for one of the following acts: Failing to report on the occupational safety and health training as prescribed by the law provisions; failing to notify competent agencies when providing occupational safety and health training courses according to the framework program for persons engaged in occupational safety and health work (group 2), persons engaged in jobs with strict occupational safety and health requirements (group 3), and occupational safety and health trainers in accordance with the law provisions;

b) A fine of between VND 10,000,000 and VND 20,000,000 for one of the following acts: Compulsory training according to the framework program prescribed by the law provisions but not enough contents; employing a trainer who does not meet the standards of the trainer; failing to ensure training facilities according to regulations; failing to provide training materials for subjects;

c) A fine of between VND 30,000,000 and VND 50,000,000 for one of the following acts: Providing training results without training courses; providing training results that not compliance with the training contents;

d) A fine of between VND 120,000,000 and VND 140,000,000 for one of the following acts: Providing training courses when the training organization is suspended from training in occupational safety and health or its Certificate of eligibility for training in occupational safety and health is revoked or expired; conducting training activities beyond the scopes specified in the Certificate of eligibility for training in occupational safety and health, for the contents requiring the Certificate of eligibility for occupational safety and health; failing to maintain sufficient conditions for occupational safety and health training as prescribed by the law provisions; modifying or falsifying the contents of the Certificate of eligibility for training in occupational safety and health but not seriously enough to be examined for penal liability; modifying or falsifying documents in the dossier of application for the Certificate of eligibility for training in occupational safety and health but not seriously enough to be examined for penal liability; forging documents in the dossier of application for the Certificate of eligibility for training in occupational safety and health but not seriously enough to be examined for penal liability; forging the Certificate of eligibility for training in occupational safety and health but not seriously enough to be examined for penal liability.

3. Fines shall be imposed on any employer that organizes training in occupational safety and health by itself but violates the regulations on training in occupational safety and health according to one of the following levels:

a) A fine of between VND 1,000,000 and VND 3,000,000 for one of the following acts: failing to report on the occupational safety and health training as prescribed by the law provisions; failing to notify competent agencies when providing occupational safety and health training courses according to the framework program for persons engaged in occupational safety and health work (group 2), persons engaged in jobs with strict occupational safety and health requirements (group 3), and occupational safety and health trainers in accordance with the law provisions;

b) A fine of between VND 10,000,000 and VND 20,000,000 for one of the following acts: Compulsory training according to the framework program prescribed by the law provisions but not enough contents; employing a trainer who does not meet the standards of the trainer; failing to ensure training facilities according to regulations; failing to provide training materials for subjects;

c) A fine of between VND 15,000,000 and VND 25,000,000 for one of the following acts: Providing training results without training courses; providing training results that not compliance with the training contents;

d) A fine of between VND 60,000,000 and VND 70,000,000 for one of the following acts: Providing training activities without the Certificate of eligibility for training in occupational safety and health while such training activities require the Certificate of eligibility for training in occupational safety and health, or providing training courses when the training organization is suspended from training in occupational safety and health or its Certificate of eligibility for training in occupational safety and health is revoked or expired; conducting training activities beyond the scopes specified in the Certificate of eligibility for training in occupational safety and health, for the contents requiring the Certificate of eligibility for occupational safety and health; failing to maintain sufficient conditions for occupational safety and health training as prescribed by the law provisions; modifying or falsifying the contents of the Certificate of eligibility for training in occupational safety and health but not seriously enough to be examined for penal liability; modifying or falsifying documents in the dossier of application for the Certificate of eligibility for training in occupational safety and health but not seriously enough to be examined for penal liability; forging documents in the dossier of application for the Certificate of eligibility for training in occupational safety and health but not seriously enough to be examined for penal liability; forging the Certificate of eligibility for training in occupational safety and health but not seriously enough to be examined for penal liability.

4. A fine of between VND 60,000,000 and VND 70,000,000 shall be imposed for one of the following acts: Providing training activities without the Certificate of eligibility for training in occupational safety and health while such training activities require the Certificate of eligibility for training in occupational safety and health; forging the Certificate of eligibility for training in occupational safety and health training but not seriously enough to be examined for penal liability.

5. Additional penalties:

a) Suspension of the training in occupational safety and health for a term of between 01 month and 03 months, for the organization providing training courses in occupational safety and health that commits one of the following acts: Providing training results without training courses; providing training results that not compliance with the training contents; conducting training activities beyond the scopes specified in the Certificate of eligibility for training in occupational safety and health, for the contents requiring the Certificate of eligibility for occupational safety and health; failing to maintain sufficient conditions for occupational safety and health training as prescribed at Points c and d, Clause 2 of this Article;

b) Suspension of the training in occupational safety and health for a term of between 01 month and 03 months, for the employer that self-organizes training in occupational safety and health but commits one of the following acts: Providing training results without training courses; providing training results that not compliance with the training contents; conducting training activities beyond the scopes specified in the Certificate of eligibility for training in occupational safety and health, for the contents requiring the Certificate of eligibility for occupational safety and health; failing to maintain sufficient conditions for occupational safety and health training as prescribed at Points c and d, Clause 3 of this Article;

c) Confiscation of material evidences and means of administrative violations that are forged certificates of eligibility for training in occupational safety and health, for the acts of forging a certificate of eligibility for training in occupational safety and health specified at Point d Clause 2, Point d Clause 3, and Clause 4 of this Article.

6. Remedial measures

a) Compelling the occupational safety and health training organization to cancel the provided training results, for the violations specified at Points b and c, Clause 2 of this Article;

b) Compelling the employer self-organizing training in occupational safety and health to cancel the provided training results, for the violations specified at Points b and c, Clause 3 of this Article;

c) Compelling the return of the Certificate of eligibility for training in occupational safety and health to the state agency competent to issue the certificate, for the acts of modifying or falsifying the contents of the Certificate of eligibility for training in occupational safety and health as specified at Point d Clause 2 and Point d Clause 3 of this Article.

Article 26. Violations against regulations on occupational safety inspection

1. Fines shall be imposed on any organization conducting occupational safety inspection that violates regulations on occupational safety inspection as follows:

a) A fine of between VND 1,000,000 and VND 3,000,000 for the act of failing to report on the occupational safety inspection according to regulations;

b) A fine of between VND 3,000,000 and VND 5,000,000 for the act of failing to notify agencies competent to issue the Certificate of eligibility for occupational safety inspection when there is a change in the head office or branch’s address;

c) A fine of between VND 40,000,000 and VND 50,000,000 for one of the following acts: Providing occupational safety inspection services beyond the scopes specified in the Certificate of eligibility for occupational safety inspection; failing to carry out inspection activities in accordance with the inspection process; employing an inspector whose certificate of inspector is revoked or expired to conduct the inspection; employing a person who has not yet obtained a certificate of inspector to conduct the inspection; employing an inspector without signing a labor contract or by-work contract; failing to maintain sufficient conditions for occupational safety inspection as prescribed by the law provisions; failing to ensure the independence and objectivity in the provision of inspection services;

d) A fine of between VND 80,000,000 and VND 100,000,000 for one of the following acts: Providing untruthful inspection results; providing inspection results without carrying out the inspection;

dd) A fine of between VND 120,000,000 and VND 140,000,000 for one of the following acts: Carrying out the inspection when the inspection organization is suspended from inspection in occupational safety or its Certificate of eligibility for inspection is expired or revoked; modifying or falsifying the contents of the granted Certificate of eligibility for inspection but not seriously enough to be examined for penal liability; modifying or falsifying documents in the dossier of application for the Certificate of eligibility for inspection but not seriously enough to be examined for penal liability; forging documents in the dossier of application for the Certificate of eligibility for inspection but not seriously enough to be examined for penal liability; forging the Certificate of eligibility for inspection but not seriously enough to be examined for penal liability.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on any inspector who commits one of the following acts:

a) Failing to carry out inspection activities in accordance with the inspection process promulgated by competent agencies;

b) Carrying out inspection activities for an occupational safety inspection organization that has not yet obtained a Certificate of eligibility for inspection.

3. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on any inspector who carries out inspection activities without a valid Certificate of inspector or beyond the scopes specified in the Certificate of inspector.

4. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on any person who carries out inspection activities without a Certificate of inspector.

5. A fine of between VND 60,000,000 and VND 70,000,000 shall be imposed for one of the following acts: Carrying out inspection activities without a Certificate of eligibility for inspection; forging the Certificate of eligibility for inspection but not seriously enough to be examined for penal liability; forging the Certificate of inspector but not seriously enough to be examined for penal liability.

6. A fine of between VND 60,000,000 and VND 70,000,000 shall be imposed on any inspector who revises or falsifies the contents of the granted Certificate of inspector but not seriously enough to be examined for penal liability; forging the Certificate of eligibility for inspection but not seriously enough to be examined for penal liability.

7. Additional penalties

a) Suspension of the technical inspection of occupational safety for a term of between 01 month and 03 months, for the occupational safety inspection organization that commits the violations specified at Point d, Clause 1 of this Article;

b) Confiscation of material evidences and means of administrative violations that are forged certificates of eligibility for inspection, for the acts of forging certificates of eligibility for inspection specified at Point dd, Clause 1, Clause 5 of this Article;

c) Confiscation of material evidences and means of administrative violations that are forged certificates of inspector, for the acts of forging certificates of inspector specified in Clause 5 of this Article.

8. Remedial measures

a) Compelling the cancellation of the inspection results and refund of the inspection expenses and the interest thereof calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed, for the acts of violations specified at Points c, d and dd, Clause 1 of this Article, except for the acts of modifying the contents of the granted certificate of eligibility for inspection but not seriously enough to be examined for penal liability;

b) Compelling the return of the certificate of eligibility for inspection to the agency competent to issue such certificate, for the acts of modifying or falsifying the contents of the certificate of eligibility for inspection as prescribed at Point dd, Clause 1 of this Article;

c) Compelling the return of the certificate of inspector to the agency competent to issue such certificate, for the acts of modifying or falsifying the contents of the certificate of inspector as prescribed in Clause 6 of this Article.

Article 27. Violations against regulations on working environment monitoring

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any working environment monitoring organization that commits one of the following acts: Failing to make annual reports on its performance results to competent state management agencies according to regulations; failing to notify competent state management agencies when there is a change in the head office or branch’s address; failing to participate in training courses to update knowledge about legal policies, science and technology on working environment monitoring as prescribed by the law provisions.

2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed on any employer that fails to publicly disclose to workers at places where the working environment is monitored and places where the inspection, assessment and management of hazardous factors are conducted immediately after having the results of working environment monitoring and the results of inspection, assessment and management of hazardous factors at the workplace.

3. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed on any employer that fails to conduct working environment monitoring in order to control harms to workers’ health in accordance with the law provisions.

4. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed on any employer that coordinates with a working environment monitoring organization to commit fraud in working environment monitoring activities but not seriously enough to be examined for penal liability.

5. A fine of between VND 80,000,000 and VND 120,000,000 shall be imposed on any working environment monitoring organization that commits one of the following acts: Cooperating with employers to commit fraud in working environment monitoring activities but not seriously enough to be examined for penal liability; failing to conduct working environment monitoring in accordance with the principles and procedures prescribed by the law provisions.

6. A fine of between VND 120,000,000 and VND 140,000,000 shall be imposed on any working environment monitoring organization that provides working environment monitoring results without conducting working environment monitoring according to regulations, or that conducts working environment monitoring when it is suspended from working environment monitoring activities.

7. A fine of between VND 120,000,000 and VND 150,000,000 shall be imposed on any enterprise or organization that provides working environment monitoring services but commits one of the following acts:

a) Providing working environment monitoring services when the enterprise or organization has not been announced as eligible for conducting working environment monitoring activities in accordance with the law provisions;

b) Employing human resources for working environment monitoring that do not satisfy the standards as prescribed by the law provisions;

c) Failing to maintain sufficient conditions for working environment monitoring as announced throughout the operation process.

8. Additional penalties

Suspension of the working environment monitoring of the working environment monitoring organization for a term of between 03 months and 06 months, for the violations specified in Clauses 5, 6 and 7 of this Article.

9. Remedial measures

a) Compelling the cancellation of working environment monitoring results, for the violations specified in Clauses 4, 5, 6 and 7 of this Article;

b) Compelling the working environment monitoring organization to refund the working environment monitoring expenses to the employers using its working environment monitoring services and the interest thereof calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed, for the violations specified in Clauses 5, 6 and 7 of this Article, except for the act of cooperating with employers to commit fraud in working environment monitoring activities but not seriously enough to be examined for penal liability as specified in Clause 5 of this Article.

Article 28. Violations against regulations on female workers and ensuring gender equality

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to ensure the implementation of gender equality and measures to promote gender equality in any of the following cases: recruitment; job assignments and arrangements; training; working time; rest time; salary; and other regimes;

b) Failing to consult female workers or their representatives when deciding on issues related to their rights and interests.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on any employer that commits one of the following acts:

a) Employing workers who are pregnant for at least 07 months or for at least 06 months in cases of working in a highland, deep-lying, remote, border or island area in order to work overtime, work at night or go on a long working trip;

b) Employing workers who are raising children under 12 months of age in order to work overtime, work at night or go on a long working trip, unless otherwise agreed by the workers;

c) Failing to change jobs or reduce working hours for female workers who perform a heavy, hazardous or dangerous occupation or job or an extremely heavy, hazardous or dangerous occupation or job or an occupation or job harmful to their reproduction and parenting functions during pregnancy, and notifies their pregnancy to the employer in accordance with Clause 2, Article 137 of the Labor Code, unless otherwise agreed upon by the two parties;

d) Failing to allow female workers in their menstruation period to take a 30-minute break per day during working time, unless otherwise agreed by the two parties;

dd) Failing to allow female workers in the period of raising children under 12 months of age to take a 60-minute break per day during working time, unless otherwise agreed by the two parties;

e) Failing to guarantee employment for workers as prescribed in Article 140 of the Labor Code;

g) Failing to give priority to female workers for entering into a new labor contract in cases where the labor contract expires while they are pregnant or raise children under 12 months of age;

h) Imposing the labor disciplinary action on female workers who are pregnant or on maternity leave in accordance with the law on social insurance; imposing the labor disciplinary action on female workers who are raising children under 12 months of age;

i) Dismissing workers or unilaterally terminating the labor contract with the workers for the reason of marriage, pregnancy, maternity leave, or raising of children under 12 months of age, unless the employer being an individual dies, or is declared by a court to have lost his/her civil act capacity, or to be missing or dead, or the employer other than an individual terminates operation or is notified by the specialized agency in charge of business registration under the provincial-level People’s Committee that it has no at-law representative or no authorized person to exercise the rights and perform the obligations of the at-law representative but not seriously enough to be examined for penal liability;

k) Failing to provide sufficient information on the danger, risks and requirements of jobs for workers to make a choice, and failing to guarantee the prescribed conditions on occupational safety and health for workers when employing them in the jobs on the list of occupations and jobs that are harmful to reproduction and parenting functions;

l) Failing to install a room to express or store breast milk at the workplace when employing 1,000 female workers or more.

3. Remedial measures

a) Compelling the employer to pay wages to female workers for the time they are not allowed to take leave during their menstruation period as prescribed by the law provisions, for the violations specified at Point d, Clause 2 of this Article;

b) Compelling the employer to pay wages to female workers for the time they are not allowed to take leave while they are raising children under 12 months of age as prescribed by the law provisions, for the violations specified at Point dd, Clause 2 of this Article;

c) Compelling the employer to re-employ the workers, for the violations specified at Point i, Clause 2 of this Article.

Article 29. Violations against regulations on minor workers

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any employer that fails to make a separate logbook or makes a separate logbook but fails to fully record the contents as prescribed in Clause 3 Article 144 of the Labor Code when employing minor workers or failing to produce it at the request of a competent state agency.

2. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on any employer that commits one of the following acts:

a) Employing minor workers without the consent of their parents or guardians;

b) Employing a person aged under full 15 years but failing to enter into a labor contract in writing with this person and his/her at-law representative; arranging working time which affects the school hours of this person; failing to obtain a health certificate issued by a competent health establishment stating that the health of this person is suitable to his/her job; failing to organize health checks at least once every 6 months or failing to ensure working conditions and occupational safety and health suitable to the age of this person;

c) Employing minor workers to work beyond the working time specified in Article 146 of the Labor Code;

d) Employing persons aged under full 15 years to work overtime or work at night;

dd) Employing persons aged from full 15 years to under full 18 years to work overtime or work at night in occupations or jobs prohibited by the law provisions.

3. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed on any employer that commits one of the following acts:

a) Employing persons aged from full 13 years to under full 15 years to perform the jobs beyond the list permitted by laws in accordance with Clause 3, Article 143 of the Labor Code;

b) Employing persons aged under full 13 years to perform the jobs beyond the list permitted by laws in accordance with Clause 3, Article 145 of the Labor Code, or employing persons aged under full 13 years to perform the jobs on the list permitted by laws but failing to obtain the consent of specialized agencies in charge of labor under provincial-level People’s Committees;

c) Employing workers aged from full 15 years to under full 18 years to perform the prohibited jobs or work at the prohibited workplaces as specified in Article 147 of the Labor Code but not seriously enough to be examined for penal liability.

Article 30. Violations against regulations on domestic workers

1. A caution shall be imposed on any employer that commits one of the following acts:

a) Failing to enter into a labor contract in writing with domestic workers;

b) Failing to pay travel expenses for domestic workers to return to their place of residence at the end of their service, except cases in which the domestic workers terminate the labor contract ahead of time.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to notify People’s Committees of communes, wards or townships of the employment or termination of employment of domestic workers as prescribed by the law provisions;

b) Having been sanctioned in the form of caution for the violations specified in Clause 1 of this Article but recidivating such violations.

3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on any employer that commits one of the following acts:

a) Keeping personal identity papers of domestic workers;

b) Failing to pay domestic workers their social insurance and health insurance premiums as prescribed by the law provisions for the domestic workers to participate in social insurance and health insurance by themselves.

4. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed on any employer that commits the acts of mistreating, sexually harassing, extracting forced labor or using violence against domestic workers but not seriously enough to be examined for penal liability.

5. Remedial measures

a) Compelling the employer to enter into labor contracts in writing with domestic workers, for the violations specified at Point a, Clause 1 of this Article;

b) Compelling the employer to fully pay travel expenses for domestic workers, for the violations specified at Point b, Clause 1 of this Article;

c) Compelling the employer to return personal identity papers of domestic workers, for the violations specified at Point a, Clause 3 of this Article;

d) Compelling the employer to fully pay social insurance and health insurance premiums for domestic workers, for the violations specified at Point b, Clause 3 of this Article.

Article 31. Violations against regulations on elderly workers and workers with disabilities

1. A fine of between VND 5,000,000 and VND 10,000,000 per worker shall be imposed on any employer that commits one of the following acts:

a) Failing to consult workers with disabilities before deciding on matters related to the latter’s rights and interests;

b) Employing workers being persons with mild disabilities who have lost 51% or more of their working capacity and persons with serious or extremely serious disabilities to work overtime or at night, unless those persons so agree.

2. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on any employer that employs elderly workers to perform heavy, hazardous and dangerous jobs and occupations, or extremely heavy, hazardous and dangerous jobs and occupations that adversely affect workers’ health, except for cases of ensuring safe working conditions.

Article 32. Violations against regulations on foreign workers in Vietnam

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to report, reporting incorrectly, or failing to report within the time limit on the employment of foreign workers according to regulations;

b) Failing to send the original labor contract or its certified true copy signed with foreign workers after they are granted work permits or have their work permits expired to competent agencies that have issued the work permits or extended the work permits at the request of agencies competent to issue such work permits in cases of foreign workers working under a labor contract.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on the employer for each foreign worker being used in contravention with the contents of the work permit or the work permit exemption certificate, with the total fine of no more than VND 75,000,000, unless otherwise prescribed by the law provisions.

3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed on any foreign worker in Vietnam who commits one of the following acts:

a) Working in Vietnam without a work permit or a work permit exemption certificate as prescribed by the law provisions;

b) Using a work permit or a work permit exemption certificate that is expired.

4. Fines shall be imposed on any employer that employs foreign workers in Vietnam without work permits or work permit exemption certificates, or employs foreign workers with expired work permits or expired work permit exemption certificates as follows:

a) A fine of between VND 30,000,000 and VND 45,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 45,000,000 and VND 60,000,000 for violations related to between 11 workers and 20 workers;

c) A fine of between VND 60,000,000 and VND 75,000,000 for violations related to between 21 workers or more.

5. Additional penalties

Expulsion of foreign workers who are working in Vietnam, for the violations specified in Clause 3 of this Article.

Article 33. Violations by foreign organizations and individuals in Vietnam when recruiting and employing Vietnamese workers to work for foreign organizations and individuals in Vietnam

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the acts of employing Vietnamese workers but failing to report or reporting incorrectly or failing to report within the time limit to organizations competent to recruit and manage Vietnamese workers on the recruitment and employment of Vietnamese workers in accordance with the law provisions.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the failure to send a written notification with a certified true copy of the labor contract signed with Vietnamese workers and other documents as prescribed by the law provisions to organizations competent to recruit and manage Vietnamese workers from the date of signing the labor contract with Vietnamese workers in accordance with the law provisions.

Article 34. Violations against regulations on settlement of labor disputes

1. A caution shall be imposed on any worker who goes on strike after the provincial-level People's Committee chairperson has issued a decision to postpone or stop the strike.

2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any worker who commits one of the following acts:

a) Obstructing the exercise of the right to go on strike or instigating, dragging or forcing workers to go on strike;

b) Preventing non-strikers from going to work;

c) Using violence; destroying machines, equipment or assets of the employer but not seriously enough to be examined for penal liability.

3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that commits one of the following acts:

a) Terminating labor contracts with, imposing the labor disciplinary action on, or transferring, workers and strike leaders to other jobs or workplaces for the reason of strike preparation or participation;

b) Taking revenge on workers who go on strike or strike leaders;

c) Temporarily closing the workplace in the cases specified in Article 206 of the Labor Code;

d) Causing difficulties, obstructing or intervening in the collection of opinions on a strike by the grassroots-level workers’ representative organization.

4. Remedial measures

a) Compelling the employer to re-employ workers and strike leaders when terminating labor contracts with them, or to cancel the decision on imposing the labor disciplinary action on, transfer of workers and strike leaders to other jobs or workplaces for the reason of strike preparation or participation, and to pay full wages to the workers during the time the labor contracts are terminated, for the violations specified at Point a, Clause 3 of this Article;

b) Compelling the employer to pay wages to the worker during the days during which the workplace is temporarily closed, for the violations specified at Point c, Clause 3 of this Article.

Article 35. Violations against regulations on ensuring the exercise of rights of grassroots-level workers’ representative organizations

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to arrange time for members of the leadership board of the grassroots-level workers’ representative organization to perform the missions of grassroots-level representative organizations as prescribed in Clause 2, Article 176 of the Labor Code while being paid by employer;

b) Preventing superior trade union representatives from entering the organization or enterprise to propagate, mobilize and guide workers to establish, join or participate in activities of the trade union organization;

c) Obstructing or causing difficulties when the workers conduct lawful activities in order to establish, join and participate in activities of the grassroots-level workers’ representative organization.

d) Failing to allow members of the leadership board of the grassroots-level workers’ representative organization to approach workers at the workplace while performing tasks of grassroots-level workers’ representative organizations without affecting normal operations of employers;

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to reach a written agreement with the leadership board of the grassroots-level workers’ representative organization when unilaterally terminating the labor contract, transferring a worker to another job or dismissing a worker who is a member of the leadership board of the grassroots-level workers’ representative organization, but not seriously enough to be examined for penal liability, unless the two parties cannot reach an agreement;

b) Deciding to unilaterally terminate the labor contract, transfer a worker to another job or dismiss a worker who is a member of the leadership board of the grassroots-level workers’ representative organization without sending a notice to the specialized agency in charge of labor affairs under the provincial-level People’s Committee in advance as prescribed in Clause 3, Article 177 of the Labor Code in cases of failure to reach an agreement with the leadership board of the grassroots-level workers’ representative organization;

c) Failing to extend the labor contract signed with a worker who is a member of the leadership board of the grassroots-level workers’ representative organization until the end of his/her term of office in cases where such contract expires while the worker is holding office.

3. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for taking advantage of establishment, joining and participation in activities of grassroots-level workers’ representative organizations to commit illegal acts or infringe on interests of the State, lawful rights and interests of agencies, organizations, enterprises and individuals.

4. Remedial measures

Compelling the employer to extend the labor contract signed with the worker who is a member of the leadership board of the grassroots-level workers’ representative organization until the end of his/her term of office in cases where such contract expires while the worker is holding office, for the violations specified at Point c, Clause 2 of this Article.

Article 36. Violations against regulations on discrimination against persons who establish, join and participate in activities of grassroots-level workers’ representative organizations

1. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed on any employer that discriminates against workers or members of the grassroots-level workers’ representative organization for the reason of establishing, joining or operation of the workers’ representative organization, including one of the following acts:

a) Committing discrimination against workers in terms of wages, working time, other rights and obligations in industrial relations;

b) Requesting workers to join or not to join or to withdraw from the grassroots-level workers’ representative organization in order to be recruited, to enter into labor contracts or to have their labor contracts extended;

c) Imposing the labor disciplinary action, unilaterally terminating labor contracts, refusing to enter into or extend labor contracts, or transferring workers to other jobs;

d) Obstructing or causing employment-related difficulties in order to weaken the operation of the grassroots-level workers’ representative organization.

2. Remedial measures

Compelling the employer to re-employ the workers and pay such workers full wages, social insurance and health insurance premiums for the days they are not allowed to work, for the violations specified at Point c, Clause 1 of this Article.

Article 37. Violations against regulations on the use of economic measures or other measures detrimental to grassroots-level workers’ representative organizations and the operation of such organizations

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to pay wages to members of the leadership board of the grassroots-level workers’ representative organization during the working period as prescribed by the law provisions to perform the work of grassroots-level workers’ representative organizations;

b) Failing to allow members of the leadership board of the grassroots-level workers’ representative organization to enjoy other guarantees in industrial relations or in performance of the representative function in accordance with the law provisions.

2. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed on any employer that intervenes in or manipulates the process of establishment, election, and formulation of working plans and organization of activities of grassroots-level workers’ representative organizations, including also providing financial support or taking other economic measures to neutralize or weaken the performance of the representative function of grassroots-level workers’ representative organizations or committing discrimination among grassroots-level workers’ representative organizations..

3. Remedial measures

a) Compelling the employer to pay wages to members of the leadership board of the grassroots-level workers’ representative organization during the working period as prescribed by the law provisions to perform the work of grassroots-level workers’ representative organizations, for the violations specified at Point a, Clause 1 of this Article;

b) Compelling the employer to ensure that members of the leadership board of the grassroots-level workers’ representative organization are entitled to other guarantees in accordance with the law provisions, for the violations specified at Point b, Clause 1 of this Article.

Article 38. Violations against regulations on payment of trade union fees

1. A fine equal to between 12% and 15% of total trade union fees payable at the time of making a minute of administrative violations, with the total fine of no more than VND 75,000,000, shall be imposed on any employer that commits one of the following acts:

a) Paying trade union fees behind schedule;

b) Failing to pay trade union fees at the prescribed level;

c) Failing to pay sufficient trade union fees for the number of persons subject to payment of trade union fees.

2. A fine equal to between 18% and 20% of total trade union fees payable at the time of making a minute of administrative violations, with the total fine of no more than VND 75,000,000, shall be imposed on any employer that fails to pay sufficient trade union fees for the number of persons subject to payment of trade union fees.

3. Remedial measures

Within 30 days from the date on which the decision on handling of administrative violations is issued, the employer must pay to the trade union the amount of union fees whose payment is late or inadequate, or which is not yet paid, and the interest thereof calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed, for the violations specified in Clauses 1 and 2 of this Article.

Chapter III

VIOLATIONS, PENALTIES, REMEDIAL MEASURES FOR VIOLATIONS AGAINST REGULATIONS ON SOCIAL INSURANCE

 

Article 39. Violations against regulations on payment of compulsory social insurance and unemployment insurance

1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed on any worker who enters into an agreement with the employer to avoid paying compulsory social insurance, unemployment insurance, or to pay the inappropriate subject, or to avoid paying sufficiently as prescribed by the law provisions.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on any employer that commits one of the following acts:

a) Failing to post up information on workers’ payment of social insurance premiums provided by social insurance agencies annually as prescribed in Clause 7, Article 23 of the Law on Social Insurance;

b) Failing to provide or providing insufficient information on the payment of compulsory social insurance and unemployment insurance of workers upon the request of the workers or the trade union.

3. A fine of between VND 1,000,000 and VND 3,000,000 per worker, with the total fine of no more than VND 75,000,000, shall be imposed on any employer that fails to carry out the procedures for certifying the payment of unemployment insurance premiums for workers so that the workers can complete dossiers of unemployment insurance benefits according to regulations.

4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that fails to provide accurate, complete and timely information and documents related to the payment and enjoyment of compulsory social insurance and unemployment insurance at the request of competent state agencies or social insurance agencies.

5. A fine equal to between 12% and 15% of the total compulsory social insurance and unemployment insurance premiums at the time of making a minute of administrative violations, with the total fine of no more than VND 75,000,000, shall be imposed on any employer that commits one of the following acts:

a) Failing to pay compulsory social insurance and unemployment insurance premiums on schedule;

b) Failing to pay sufficient social insurance and unemployment insurance premiums but not on purpose of evasion;

c) Failing to pay sufficient social insurance and unemployment insurance premiums for all the persons subject to participation in compulsory social insurance and unemployment insurance but not on purpose of evasion;

d) Appropriating social insurance and unemployment insurance premiums of workers.

6. A fine equal to between 18% and 20% of the compulsory social insurance and unemployment insurance premiums at the time of making a minute of administrative violations, with the total fine of no more than VND 75,000,000, shall be imposed on any employer that fails to pay compulsory social insurance and unemployment insurance premiums for all workers subject to compulsory social insurance and unemployment insurance but not seriously enough to be examined for penal liability.

7. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed on any employer that commits one of the following acts:

a) Evading the payment of compulsory social insurance and unemployment insurance premiums but not seriously enough to be examined for penal liability;

b) Modifying or falsifying documents in the dossier of application for a lower payment rate than the normal payment to the Occupational Accident and Disease Insurance Fund but not seriously enough to be examined for penal liability.

8. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed on any occupational safety and health assessment organization that provides an untruthful assessment report on occupational safety and health, and reduction of occupational accident frequency.

9. Additional penalties

Suspension of occupational safety and health assessment activities for a term of between 01 month and 03 months, for the occupational safety and health assessment organization that commits the violations specified in Clause 8 of this Article.

10. Remedial measures

a) Compelling the employer to fully pay the compulsory social insurance and unemployment insurance premiums to social insurance agencies, for the violations specified in Clauses 5, 6, 7 of this Article;

b) Compelling the employer to pay the interest equal to 02 times the average interest of investment in social insurance fund of the preceding year calculated on the amount and period of late payment, non-payment, evasion of payment, or embezzlement of the paid amounts; if it fails to do so, at the request of a competent person, the bank, other credit institution, or the State Treasury shall be responsible for deducting from the employer's deposit account to pay the unpaid amount or late payment and the interest thereof, calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed, to the account of the social insurance agency, for the violations specified in Clauses 5, 6, 7 of this Article for a period of 30 days or more.

Article 40. Violations against regulations on making dossiers for enjoyment of social insurance and unemployment insurance benefits

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any worker who commits one of the following violations:

a) Providing untruthful declarations or amending, erasing or falsifying the contents related to the payment and enjoyment of social insurance and unemployment insurance but not seriously enough to be examined for penal liability;

b) Failing to notify the employment agency when the worker finds a job within 15 working days from the day on which the dossier of application for unemployment benefit is submitted;

c) Receiving unemployment benefit but failing to notify the employment agency in one of the following cases: Having a job; fulfilling military service or police service; being subjected for monthly pension; studying for a term of full 12 months or more.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on any employer that commits the acts of forging or falsifying the contents in dossier for enjoyment of social insurance and unemployment insurance benefits for self-seeking purposes from the social insurance and unemployment insurance regimes but not seriously enough to be examined for penal liability. The fine shall be imposed for each dossier being forged or falsified but the total fine shall not exceed VND 75,000,000.

3. Remedial measures

Compelling the refund of social insurance premiums, unemployment allowances, vocational training support, or support for training and retraining to improve qualifications of occupational skills for job maintenance for workers, which such workers have received, to the social insurance agency, for the violations specified in Clauses 1 and 2 of this Article.

Article 41. Violations against other regulations on social insurance and unemployment insurance

1. A fine of between VND 1,000,000 and VND 2,000,000 per each worker, with the total fine of no more than VND 75,000,000, shall be imposed on any employer that fails to pay the convalescence and health rehabilitation allowances to workers after occupational accidents or diseases within 05 days from the date of receipt of the allowances transferred by the social insurance agency.

2. A fine equal to between 18% and 20% of the total compulsory social insurance benefits of workers that the employer has appropriated at the time of making a minute of administrative violations, with the total fine of no more than VND 75,000,000, shall be imposed on any employer that appropriates the workers’ compulsory social insurance benefits.

3. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed on any employer that fails to notify the local employment agency where the employer’s head office located on employment fluctuation at the employer’s organization as prescribed by the law provisions.

4. A fine of between VND 2,000,000 and VND 4,000,000 per worker, with the total fine of no more than VND 75,000,000, shall be imposed on any employer that commits one of the following acts:

a) Failing to compile a dossier for participation in compulsory social insurance within 30 days from the date of entering into a labor contract, work contract or recruitment contract; failing to compile a dossier for participation in unemployment insurance for workers within 30 days from the effective date of the labor contract or work contract;

b) Failing to make a list of workers, or failing to compile the dossier or fail to submit the dossier on time as prescribed in Clause 2 Article 102, Clause 1 Article 103, Clause 1 Article 110, Clause 2 Article 112 of the Law on Social Insurance; Clause 1 Article 59, and Clause 1 Article 60 of the Law on Occupational Safety and Health;

c) Failing to introduce workers subject to the cases specified in Article 47 of the Law on Occupational Safety and Health and Article 55 of the Law on Social Insurance to a Medical Assessment Council for medical assessment to determine the level of working capacity decrease;

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

5. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed on the employer for each worker who participates in unemployment insurance and is entitled to vocational training support, with the total fine of no more than VND 150,000,000, in the cases as follows:

a) Organizing the vocational training but failing to ensure sufficient duration of courses for which the worker is supported;

b) Making agreements with relevant individuals and organizations for self-seeking purposes from the amount to support vocational training but not seriously enough to be examined for penal liability.

6. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on any employer that has received the amount to support training courses, refresher courses, and improvement courses of occupational skills for workers but failing to comply with the plan of training courses, refresher courses, improvement courses approved by a competent agency.

7. Remedial measures

a) Compelling the employer to pay the convalescence and health rehabilitation allowances after an occupational accident or disease for workers as prescribed by the law provisions, for the violations specified in Clause 1 of this Article;

b) Compelling the employer to refund to the worker the amount of the compulsory social insurance benefits that has been appropriated from the worker and the interest thereof, calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed, to the account of the social insurance agency, for the violations specified in Clause 2 of this Article;

c) Compelling the vocational education institution to provide vocational training with full duration of courses in which the worker participating in unemployment insurance is entitled to vocational training support, for the violations specified at Point a, Clause 5 of this Article, if the worker wishes to do so;

d) Compelling the vocational training institution to refund the illegally-profited amounts to the social insurance agency, for the violations specified at Point b, Clause 5 of this Article;

dd) Compelling the vocational training institution to provide training courses, refresher courses, and improvement courses of occupational skills for workers in accordance with the plan approved by a competent agency, unless the institution has completed such courses, for the violations specified in Clause 6 of this Article;

e) Compelling the employer to pay the social insurance agency the amount to support the training and retraining to improve qualifications of occupational skills for workers that has not been used compared to the plan approved by the competent agency, for the violations specified in Clause 6 of this Article.

Chapter IV

VIOLATIONS, PENALTIES, REMEDIAL MEASURES FOR VIOLATIONS AGAINST REGULATIONS ON VIETNAMESE GUEST WORKERS

 

Article 42. Violations against regulations on enterprises providing the service of sending Vietnamese workers abroad as guest workers (hereinafter referred to as service enterprises)

1. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for any of the following acts:

a) Failing to publicly display a copy of the license for provision of the services of sending Vietnamese workers abroad as guest workers at its head office and to post the license on its website within 30 days from the date of grant, re-grant or modification of the license;

b) Branches assigned to provide the services of sending Vietnamese workers abroad as guest workers fail to post at their offices their service enterprises’ decision assigning them to provide the services and copies of the licenses of their service enterprises;

c) Failing to notify the Ministry of Labor, Invalids and Social Affairs in writing or failing to update information about the branches assigned to provide the services of sending Vietnamese workers as guest workers on the database system of Vietnamese guest workers as prescribed by the law provisions;

d) Failing to post or update on the service enterprise’s website as prescribed by the law provisions when there is a change in information about its at-law representative; list of professional staff; head office address, business locations, and physical foundations serving pre-departure orientation education activities for workers; decisions assigning tasks to its branches;

dd) Failing to post or update on the service enterprise’s website information about the Ministry of Labor, Invalids and Social Affairs’ written approval of the preparation of worker sources; adequate and accurate information on the number, recruitment criteria, working conditions, interests and obligations of workers under the labor supply contract;

e) Failing to report or failing to report completely, accurately or on time on the services of sending Vietnamese workers as guest workers as prescribed by the law provisions;

g) Failing to update information about workers sent by the service enterprise on the database system of Vietnamese guest workers from the date when the workers leave Vietnam until the liquidation of the contracts on the sending of Vietnamese workers abroad in accordance with the law provisions;

h) Failing to report or dishonestly reporting to the Ministry of Labor, Invalids and Social Affairs on the situation of workers it has sent abroad and the plan on fulfillment of its obligations stated in the labor supply contracts and contracts on the sending of Vietnamese workers abroad which remain valid, and the written agreement with the service enterprise that takes over its rights and obligations in the cases specified at Point b, Clause 1, Article 28 of the Law on Vietnamese Guest Workers in accordance with the law provisions;

i) Failing to instruct workers to participate in social insurance in accordance with the law on social insurance;

k) Failing to make contributions on schedule to the Fund for Overseas Employment Support in accordance with the law provisions.

2. A fine of between VND 10,000,000 and VND 20,000,000 per worker, with the total fine of no more than VND 200,000,000, shall be imposed on any service enterprise that commits one of the following acts:

a) Failing to organize orientation education courses and grant certificates of completion of orientation education courses for the workers before they go abroad as prescribed by the law provisions;

b) Negotiating with the workers about a deposit level higher than that prescribed by the law provisions;

c) Failing to sign or signing an improper contract on the sending of Vietnamese workers abroad as guest workers;

d) Failing to specify clear agreements on service charge and other expenses to be incurred by the workers in the contract on the sending of Vietnamese workers abroad signed with the workers;

dd) Failing to liquidate or liquidating the contract on the sending of Vietnamese workers abroad with the workers in contravention with the law provisions;

e) The contents of the contract on the sending of Vietnamese workers abroad are not consistent with the registered labor supply contract.

3. A fine equal to between 20% and 30% of the total amount payable to the Fund for Overseas Employment Support as prescribed by the law provisions at the time of making a minute of administrative violations, with the total fine of no more than VND 200,000,000, shall be imposed on any service enterprise that fails to make contributions or making insufficient contributions to the Fund for Overseas Employment Support as prescribed by the law provisions.

4. A fine equal to between 40% and 50% of the total amount payable by the workers to the Fund for Overseas Employment Support through the service enterprise at the time of making a minute of administrative violations, with the total fine of no more than VND 200,000,000, shall be imposed on any service enterprise that fails to pay or insufficiently pays the total amount payable by the workers to the Fund for Overseas Employment Support.

5. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for any of the following acts:

a) Failing to maintain one of the conditions specified in Article 10 of the Law on Vietnamese Guest Workers in accordance with the law provisions throughout their operation process;

b) Failing to maintain the conditions specified at Point b, Clause 2, Article 20 of the Government’s Decree No. 112/2021/ND-CP dated December 10, 2021, detailing a number of articles and measures to implement the Law on Vietnamese Guest Workers during the operation of sending Vietnamese workers abroad as domestic workers and during the time when Vietnamese workers sent abroad by the enterprise are serving as domestic workers;

c) Improperly performing the contents of the registered and approved labor supply contract;

d) Failing to pay compensation to workers for damage caused by the enterprise or its branch(es) in accordance with the law provisions;

dd) Failing to provide workers with counseling and support on procedures for termination of labor contracts, benefits, entitlements, and procedures for returning home;

e) Preparing worker sources without the written approval of the Ministry of Labor, Invalids and Social Affairs;

g) Failing to make a written commitment to prioritizing the recruitment of workers who have participated in the enterprise’s worker source preparation activities;

h) Failing to accurately advertise, provide counseling, notify the recruitment, and provide workers and administrations of the localities where worker recruitment is organized with one of the following information: the number of workers to be recruited, recruitment criteria, working conditions, and benefits and obligations of workers under the labor supply contract;

i) Failing to make a written commitment to an exit-awaiting time limit for a recruited worker, which is 180 days from the date he/she is recruited, or failing to comply with such commitment.

6. A fine of between VND 50,000,000 and VND 70,000,000 per worker, with the total fine of no more than VND 200,000,000, shall be imposed on any service enterprise that takes advantage of the preparation of labor resources or the recruitment of Vietnamese workers to work abroad or the sending of Vietnamese workers abroad to illegally collect money from the workers.

7. Fines shall be imposed for the sending of Vietnamese workers abroad in excess of the number of persons registered under the labor supply contract as follows:

a) A fine of between VND 40,000,000 and VND 80,000,000 if exceeding the registered number from 01 worker to 10 workers;

b) A fine of between VND 80,000,000 and VND 120,000,000 if exceeding the registered number from 11 workers to 50 workers;

c) A fine of between VND 120,000,000 and VND 180,000,000 if exceeding the registered number from 50 workers or more.

8. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for any of the following acts:

a) Collecting service charges from workers in contravention of the law provisions;

b) Failing to refund or incompletely refund to the workers the service charges and interests thereof in proportion to the remaining time of the contract on the sending of Vietnamese workers abroad in cases where the workers have paid service charges for the entire working period under the contract on the sending of Vietnamese workers abroad but have to return home ahead of time and through no fault of the workers;

c) Failing to organize the management and protection of lawful rights and interests of workers sent by the enterprise to work abroad in accordance with the law provisions;

d) Failing to provide legal aid in cases where the workers need legal assistance upon suffering abuse, violence or discrimination while working abroad;

dd) Failing to comply with requests of competent agencies or to coordinate with related authorities of the host country in settling disputes related to workers;

e) Failing to solve problems arising for workers in one of the following cases: when workers die, or suffer occupational accidents or diseases, have their life, health, honor, dignity or assets infringed upon, or when natural disasters, epidemics, wars or political instability, or emergency circumstances occur.

9. A fine of between VND 150,000,000 and VND 180,000,000 shall be imposed for any of the following acts:

a) Taking advantage of the sending of Vietnamese workers abroad to organize illegal exit from the country, exploiting workers or practicing forced labor but not seriously enough to be examined for penal liability;

b) Sending Vietnamese workers to work abroad in one of the following cases: working in a prohibited area; doing a prohibited job; violating social ethics; violating the health of workers or the community but not seriously enough to be examined for penal liability; working abroad but not being permitted by the worker-receiving foreign partner;

c) Forcing, enticing, inducing or deceiving Vietnamese workers to illegally stay abroad but not seriously enough to be examined for penal liability;

d) Practicing discrimination; hurting the honor or dignity of workers; or practicing forced labor in the sending of Vietnamese workers abroad;

dd) Sending Vietnamese workers to work abroad without registering a labor supply contract or having registered a labor supply contract but not yet being approved;

e) Modifying or falsifying the documents in the dossier of application for granting or re-granting a license for provision of the services of sending Vietnamese workers abroad as guest workers but not seriously enough to be examined for penal liability;

g) Modifying or falsifying the contents on the granted license for provision of the services of sending Vietnamese workers abroad as guest workers but not seriously enough to be examined for penal liability;

h) Forging the documents in the dossier of application for granting or re-granting a license for provision of the services of sending Vietnamese workers abroad as guest workers but not seriously enough to be examined for penal liability;

i) Sending Vietnamese workers to work in Taiwan (China) or Japan without the recommendation or approval of the Ministry of Labor, Invalids and Social Affairs;

k) Sending Vietnamese workers abroad as domestic workers without the written approval of the Ministry of Labor, Invalids and Social Affairs for enterprises to participate in the sending of Vietnamese workers abroad as domestic workers.

10. A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for any of the following acts:

a) Using the license for provision of the service of sending Vietnamese workers abroad as guest workers of another enterprise to send Vietnamese workers to work abroad;

b) Allowing another organization or individual to use its license for provision of the service of sending Vietnamese workers abroad as guest workers to send Vietnamese workers to work abroad;

c) Assigning the task of sending Vietnamese workers abroad as guest workers to its branches in contravention of the law provisions;

d) Preparing labor sources during the period of suspension from preparation of labor sources; performing the labor supply contract during the period of suspension from performance of labor supply contracts; performing one of the activities specified in Clauses 1, 2, 3 and 4, Article 9 of the Law on Vietnamese Guest Workers during the period of suspension from performance of such activities.

11. Fines shall be imposed for the act of sending Vietnamese workers who are not on the list certified by the Ministry of Labor, Invalids and Social Affairs to work in Taiwan (China) or Japan as follows:

a) A fine of between VND 20,000,000 and VND 40,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 60,000,000 and VND 100,000,000 for violations related to between 11 workers and 50 workers;

c) A fine of between VND 150,000,000 and VND 180,000,000 for violations related to more than 50 workers.

12. Fines shall be imposed for the act of sending Vietnamese workers who are not on the list certified by the Ministry of Labor, Invalids and Social Affairs to work abroad as domestic workers as follows:

a) A fine of between VND 20,000,000 and VND 40,000,000 for violations related to between 01 worker and 10 workers;

b) A fine of between VND 60,000,000 and VND 100,000,000 for violations related to between 11 workers and 50 workers;

c) A fine of between VND 150,000,000 and VND 180,000,000 for violations related to more than 50 workers.

13. Additional penalties

a) Suspension of the performance of a labor supply contract for a term of between 01 month and 03months, for the violations specified at Point e, Clause 2 of this Article;

b) Suspension of the activities specified in Clauses 1, 2, 3, 4, Article 9 of the Law on Vietnamese Guest Workers for a term of between 06 months and 12 months, for the violations specified at Point a Clause 5, and Point dd Clause 8 of this Article;

c) Suspension of the sending of Vietnamese workers abroad as domestic workers for a term of between 06 months and 12 months, for the violations specified at Point b, Clause 5 of this Article;

d) Suspension of the preparation of labor resources for a term of between 12 months and 24 months, for the violations specified at Point e, Clause 5 of this Article;

dd) Suspension of the preparation of labor resources for a term of between 06 months and 12 months, for the act of taking advantage of preparing labor sources to illegally collect money from the workers as prescribed in Clause 6 of this Article;

e) Suspension of the recruitment of workers for a term of between 06 months and 12 months, for the act of taking advantage of recruiting workers to illegally collect money from the workers as prescribed in Clause 6 of this Article.

14. Remedial measures

a) Compelling the service enterprise to update information about workers sent by the service enterprise on the database system of Vietnamese guest workers, for violations specified at Point g, Clause 1 of this Article;

b) Compelling the service enterprise to fully pay into the Fund for Overseas Employment Support the payable amounts and the interest thereof calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed, for the violations specified in Clause 3 of this Article;

c) Compelling the service enterprise to fully pay into the Fund for Overseas Employment Support the amount paid by the worker into the Fund via such service enterprise and the interest thereof, calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed, for the violations specified in Clause 4 of this Article;

d) Compelling the service enterprise to compensate the workers for damage caused by the enterprise or its branches in accordance with the law provisions, for the violations specified at Point d, Clause 5 of this Article;

dd) Compelling the service enterprise to refund the amount of money illegally collected from the workers and interests thereof calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed to such workers, for the violations specified in Clause 6, and Point a Clause 8 of this Article;

e) Compelling the service enterprise to fully refund the service charges and interests thereof to the workers as prescribed by the law provisions, for the violations specified at Point b, Clause 8 of this Article;

g) Compelling the return of the license on provision of the service of sending Vietnamese workers abroad as guest workers to the competent agency that has issued the license, for the violations specified at Point g, Clause 9 of this Article.

Article 43. Violations against regulations on sending of Vietnamese workers abroad by enterprises winning or receiving contracts to execute overseas works or projects

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for any of the following acts:

a) Failing to update information about workers on the database system of Vietnamese guest workers;

b) Failing to make reports upon completion of overseas contracts or to make extraordinary reports at the request of the Ministry of Labor, Invalids and Social Affairs as prescribed by the law provisions.

2. A fine of between VND 3,000,000 and VND 5,000,000 per worker, with the total fine of no more than VND 200,000,000, shall be imposed for the act of failing to ensure that workers receive periodical health checks, including reproductive health care, and medical examination and treatment when they suffer sickness or accidents while working abroad.

3. A fine of between VND 10,000,000 and VND 20,000,000 per worker, with the total fine of no more than VND 200,000,000, shall be imposed for any of the following acts:

a) Failing to organize orientation education courses for workers before working abroad;

b) Failing to provide sufficiently accurately or clearly one of the following contents: working conditions; living conditions; benefits or regimes of workers at works or projects of enterprises winning or receiving overseas contracts;

c) Failing to directly organize the sending of Vietnamese workers to work abroad.

4. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following acts:

a) Failing to bring workers back home or failing to pay the expenses for bringing workers back home when they can no longer work abroad due to sickness or accidents;

b) Failing to bring the remains or corpses of workers who die while working abroad back home; failing to pay the expenses for bringing the remains or corpses of workers who die while working abroad back home.

5. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for any of the following acts:

a) Sending Vietnamese workers abroad in excess of the number of persons in the plan on sending Vietnamese workers abroad approved by the Ministry of Labor, Invalids and Social Affairs;

b) Failing to sign with workers a labor contract appendix as prescribed by the law provisions or signing with workers a labor contract appendix but the contents are inconsistent with the plan on sending Vietnamese workers abroad approved by the Ministry of Labor, Invalids and Social Affairs.

6. A fine of between VND 75,000,000 and VND 90,000,000 shall be imposed for any of the following acts:

a) Failing to report to, or to coordinate with overseas Vietnamese representative missions in managing workers and protecting their lawful and legitimate rights and interests while they work abroad;

b) Failing to comply with requests of competent agencies or failing to coordinate with related authorities of the host country in settling disputes related to workers;

c) Failing to solve problems arising for workers in one of the following cases: when workers die, or suffer occupational accidents or diseases, have their life, health, honor, dignity or assets infringed upon, or when natural disasters, epidemics, wars or political instability, economic depression or emergency circumstances occur; or other force majeure reasons.

7. A fine of between VND 50,000,000 and VND 70,000,000 per worker, with the total fine of no more than VND 200,000,000, shall be imposed for the act of taking advantage of the sending of Vietnamese workers abroad to illegal collect money from such workers.

8. A fine of between VND 150,000,000 and VND 180,000,000 shall be imposed for any of the following acts:

a) Taking advantage of the sending of Vietnamese workers abroad to organize illegal exit from the country, exploiting workers or practicing forced labor but not seriously enough to be examined for penal liability;

b) Sending Vietnamese workers to work abroad in one of the following cases: working in a prohibited area; doing a prohibited job; violating social ethics; violating the health of workers or the community but not seriously enough to be examined for penal liability; working abroad but not being permitted by the worker-receiving foreign partner;

c) Forcing, enticing, inducing or deceiving Vietnamese workers to illegally stay abroad but not seriously enough to be examined for penal liability;

d) Sending Vietnamese workers abroad without reporting the plan to send Vietnamese workers abroad or having reported but not yet approved by the Ministry of Labor, Invalids and Social Affairs.

9. Additional penalties

Suspension of the operation of sending Vietnamese workers abroad by Vietnamese enterprises that have won or received contracts to execute overseas works or projects for a term of between 06 months and 12 months, for the violations specified in Clauses 6, 7 and 8 of this Article.

10. Remedial measures

a) Compelling the Vietnamese enterprise that has won or received contracts to execute overseas works or projects to update information about workers on the database system on guest workers, for violations specified at Point a, Clause 1 of this Article;

b) Compelling the Vietnamese enterprise that has won or received contracts to execute overseas works or projects to bring workers back home, or to pay the expenses for bringing workers back home, for the violations specified at Point a, Clause 4 of this Article;

c) Compelling the Vietnamese enterprise that has won or received contracts to execute overseas works or projects to pay the expenses for bringing the remains or corpses of workers who die while working abroad back home, for the act of failing to pay such expenses as prescribed at Point b, Clause 4 of this Article;

d) Compelling the Vietnamese enterprise that has won or received contracts to execute overseas works or projects to refund the money illegally collected from the workers and the interest thereof, calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed, for the violations specified in Clause 7 of this Article.

Article 44. Violations against regulations on sending Vietnamese workers abroad of Vietnamese organizations or individuals making offshore investment

1. A fine of between VND 500,000 and VND 1,500,000 shall be imposed on the action of failing to make the annual reports as prescribed by the law or irregular reports on the implementation of sending Vietnamese workers to work abroad in accordance with law provisions.

2. A fine of between VND 1,500,000 and VND 2,500,000 shall be imposed on the action of failing to update information about workers to the database on Vietnamese guest workers.

3. A fine of between VND 5,000,000 and VND 10,000,000 per worker who commits violations shall be imposed but the fine shall not exceed VND 100,000,000 when committing any of the following acts:

a) Failing to organize orientation education courses for workers before they go abroad;

b) Failing to provide adequate, accurate and clear information about working conditions, living conditions, benefits and regimes for workers working at the production and business establishments or works which are established by Vietnamese organizations or individuals making offshore investment.

c) Failing to directly organize the sending of Vietnamese workers abroad;

d) Failing to manage and employ Vietnamese workers going abroad.

4. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed when committing any of the following acts:

a) Sending Vietnamese workers abroad exceeds the number of persons prescribed in the plan of sending Vietnamese workers abroad which has been approved by the Ministry of Labor, Invalids and Social Affairs;

b) Failing to sign with workers a labor contract annex or signing with workers a labor contract annex whose contents are not in line with the plan of sending Vietnamese workers abroad which has been approved by the Ministry of Labor, Invalids and Social Affairs;

c) Failing to sign the contract on sending Vietnamese workers abroad in accordance with the contents or the form prescribed by the Minister of the Ministry of Labor, Invalids and Social Affairs in cases of sending newly-recruited workers abroad;

d) Failing to liquidate contracts on the sending Vietnamese workers abroad with workers within 180 days from the date a worker terminates his/her labor contract.

5. A fine of between VND 35,000,000 and VND 45,000,000 shall be imposed when committing any of the following acts:

a) Failing to report to and coordinate with overseas Vietnamese representative missions in managing, and protecting the lawful and legitimate rights and interests of, workers while working abroad;

b) Failing to comply with requests of competent agencies or coordinate with relevant agencies and organizations of the host country in settling disputes related to workers while working abroad;

c) Failing to settle arising problems for the workers in any of the following cases: when workers die, or have their life, health, honor, dignity or assets infringed upon, or when natural disasters, epidemics, wars, political instability, economic recession, or emergency circumstances or other force majeure events occur.

6. A fine of between VND 25,000,000 and VND 35,000,000 per worker who commits violations shall be imposed but the fine shall not exceed VND 100,000,000 for the acts of taking advantage of the sending of Vietnamese workers abroad in order to illegally collect money from workers.

7. A fine of between VND 75,000,000 and VND 90,000,000 shall be imposed when committing any of the following acts:

a) Abusing the sending of workers abroad for the purpose of organizing illegal exit from the country, exploiting workers or practicing forced labor but not seriously enough to be examined for penal liability;

b) Sending Vietnamese workers abroad in any of the following cases: sending workers to prohibited areas; for prohibited works; violating social ethics; violate the health of workers or the community but not seriously enough to be examined for penal liability; or without permission of the host country;

c) Forcing, enticing, inducing or deceiving Vietnamese workers to stay illegally abroad but not seriously enough to be examined for penal liability;

d) Sending Vietnamese workers abroad without reporting the plan of sending Vietnamese workers abroad or having reported the plan but the Ministry of Labor, Invalids and Social Affairs has yet to approve.

8. Additional penalties

Suspension of sending Vietnamese workers abroad of Vietnamese organizations or individuals making offshore investment for a term of between 06 months and 12 months when committing violations specified in Clause 5, Clause 6, Clause 7 of this Article.

9. Remedial measures

a) Compelling Vietnamese organizations and individuals making offshore investment to update information about workers to the database on Vietnamese guest workers when committing violations specified in Clause 2 of this Article;

b) Compelling Vietnamese organizations and individuals making offshore investment to refund the money illegally collected from the workers and the interest thereof to workers calculated according to the highest interest rate on demand deposits of state-owned commercial banks announced at the time of imposing the penalty when committing violations specified in Clause 6 of this Article.

Article 45. Violations of Vietnamese enterprises sending Vietnamese workers abroad for occupational knowledge and skills training or improvement

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on the action of failing to report on the sending of workers abroad for occupational knowledge and skills training or improvement to competent state agencies in accordance with law regulations.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on the action of failing to update information about workers to the database on Vietnamese guest workers.

3. A fine of between VND 10,000,000 and VND 20,000,000 per worker who commits violations shall be imposed but the fine shall not exceed VND 200,000,000 when committing any of the following acts:

a) Failing to organize orientation education courses for workers before they are sent abroad for occupational knowledge and skills training or improvement;

b) Failing to provide adequate, accurate and clear information about any of contents specified in Clause 2, Article 37 of the Law on Vietnamese Guest Workers;

4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed when committing any of the following acts:

a) Sending Vietnamese workers abroad for occupational knowledge and skills training or improvement exceeding the number of workers having been registered with competent state agencies;

b) The Intern acceptance contract fails to fully include contents specified in Clause 2, Article 37 of the Law on Vietnamese Guest Workers;

c) Failing to sign vocational training contracts before sending workers abroad for occupational knowledge and skills training or improvement;

d) The contents of the overseas vocational training contract fails to comply with the contents of the intern acceptance contract.

5. A fine of between VND 75,000,000 and VND 90,000,000 shall be imposed when committing any of the following acts:

a) Failing to report to and coordinate with overseas Vietnamese representative missions in managing, and protecting the lawful and legitimate rights and interests of, workers while working abroad;

b) Failing to comply with requests of competent agencies or coordinate with relevant agencies and organizations of the host country where the workers are sent to for occupational knowledge and skills training or improvement in settling disputes related to such workers while working abroad;

c) Failing to settle arising problems for the workers in any of the following cases: when workers die, or have their life, health, honor, dignity or assets infringed upon, or when natural disasters, epidemics, wars, political instability, economic recession, or emergency circumstances or other force majeure events occur.

6. A fine of between VND 150,000,000 and VND 180,000,000 shall be imposed when committing any of the following acts:

a) Abusing the sending of Vietnamese workers abroad for occupational knowledge and skills training or improvement for the purpose of organizing illegal exit from the country, exploiting workers or practicing forced labor but not seriously enough to be examined for penal liability;

b) Sending Vietnamese workers abroad for occupational knowledge and skills training or improvement without registering for the Intern acceptance contract or registering for the Intern acceptance contract but not receiving the permission from the competent state agencies;

c) Forcing, enticing, inducing or deceiving Vietnamese workers to stay illegally abroad but not seriously enough to be examined for penal liability;

7. Remedial measures

Compelling Vietnamese enterprises sending Vietnamese workers abroad for occupational knowledge and skills training or improvement to update information about workers to the database on Vietnamese guest workers when committing violations specified in Clause 2 of this Article.

Article 46. Violations of Vietnamese workers working abroad and other related subjects

1. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed on workers who arbitrarily overstay abroad after their labor contracts or vocational training contracts expire without being intimidated, coerced in any form and not subject to examination for penal liability.

2. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed on any of the following acts:

a) Organizing the selection and collection of money from Vietnamese workers working abroad; organizing the sending of Vietnamese workers abroad without having the License for provision of the services of sending Vietnamese workers abroad as guest workers or when failing to meet the conditions as prescribed by the law on sending Vietnamese workers abroad in any of the following forms: enterprises winning or receiving contracts to execute overseas works or projects on the sending of Vietnamese workers abroad; organizations and individuals making offshore investment that send Vietnamese workers abroad; enterprises sending Vietnamese workers abroad for occupation knowledge and skills training or improvement;

b) Forcing, enticing, inducing or deceiving Vietnamese workers to stay illegally abroad but not seriously enough to be examined for penal liability

c) Falsifying the License for provision of the services of sending Vietnamese workers abroad as guest workers but not seriously enough to be examined for penal liability.

3. A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed on branches of a service enterprise which operate the sending of Vietnamese workers abroad beyond the assignment scope that is assigned by the enterprise or not within the time that is assigned by the enterprise

4. Additional penalties

Confiscation of material evidences and means of administrative violations which are the falsified Licenses for provision of the services of sending Vietnamese workers abroad as guest workers for acts of violation specified at Point c, Clause 2 of this Article.

5. Remedial measures

Compelling to refund the money illegally collected from the workers and the interest thereof to workers calculated according to the highest interest rate on demand deposits of state-owned commercial banks announced at the time of imposing the penalty when committing violations specified at Point a, Clause 2, Clause 3 of this Article.

 

Chapter V

COMPETENCE TO IMPOSE ADMINISTRATIVE PENALTIES AND MAKE ADMINISTRATIVE VIOLATION RECORDS; PROCEDURE OF IMPOSING PENALTIES ON ADMINISTRATIVE VIOLATIONS; EXECUTION OF PENALTIES FOR ADMINISTRATIVE VIOLATIONS, REMEDIAL MEASURES IN THE FIELDS OF LABOR, SOCIAL INSURANCE, SENDING OF VIETNAMESE WORKERS ABROAD AS GUEST WORKERS

 

Section 1

COMPETENCE TO IMPOSE ADMINISTRATIVE PENALTIES AND MAKE ADMINISTRATIVE VIOLATION RECORDS

 

Article 47. Competence to make administrative violation records

The competence to make administrative violation records for administrative violations prescribed in this Decree shall include:

1. Persons having the competence to impose administrative penalties which are prescribed in Articles 48, 49, 50, 51, 52, 53, 54, 55, 56 and 57 of this Decree in accordance with their assigned functions, tasks and powers.

2. Civil servants, public workers, people in the People's Army, People's Public Security forces on duty, inspecting and examining labor, social insurance, Vietnamese guest workers in accordance with a legal document or an administrative document issued by a competent agency or person.

Article 48. Competence in imposing penalties of Chairpersons of People’s Committees

1. Chairpersons of commune-level People's Committees shall have the right to impose warnings or fines of up to VND 5,000,000 for administrative violations in the fields of labor, social insurance, sending of Vietnamese workers abroad as guest workers as prescribed in Chapter II, Chapter III and Chapter IV this Decree.

2. Chairpersons of district-level People's Committees shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 37,500,000 for acts of administrative violations in the fields of labor, social insurance which are prescribed in Chapter II, Chapter III of this Decree, except for acts of violation specified in Clause 3, Article 32 of this Decree;

c) Imposing a fine of up to VND 50,000,000 for acts of administrative violations in the field of sending Vietnamese workers abroad as guest workers which are prescribed in Chapter IV this Decree;

d) Applying additional penalties specified in Chapter II, Chapter III and Chapter IV, except for additional penalties specified in Clause 5, Article 32 of this Decree;

dd) Applying remedial measures specified in Chapter II, Chapter III, Chapter IV of this Decree.

3. Chairpersons of provincial-level People's Committees shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 75,000,000 for acts of administrative violations in the fields of labor, social insurance specified in Chapter II, Chapter III of this Decree, except for acts of violation specified in Clause 3, Article 32 of this Decree;

c) Imposing a fine of up to VND 100,000,000 for acts of administrative violations in the field of sending Vietnamese workers abroad as guest workers specified in Chapter IV of this Decree;

d) Applying additional penalties specified in Chapter II, Chapter III and Chapter IV, except for additional penalties specified in Clause 5, Article 32 of this Decree;

dd) Applying remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

Article 49. Competence in imposing penalties of Labor inspectors

1. Labor inspectors and persons assigned the task of specialized inspection who are on official duty may impose warnings or impose a fine of up to VND 500,000 for acts of administrative violations in the fields of labor, social insurance, sending of Vietnamese workers abroad as guest workers specified in Chapter II, Chapter III and Chapter IV of this Decree.

2. The Chief Inspector of Departments of Labor, War Invalids and Social Affairs shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 37,500,000 for acts of administrative violations in the fields of labor, social insurance specified in Chapter II, Chapter III of this Decree, except for acts of violation specified in Clause 3, Article 32 of this Decree;

c) Imposing a fine of up to VND 50,000,000 for acts of administrative violations in the field of sending Vietnamese workers abroad as guest workers specified in Chapter IV of this Decree;

d) Applying additional penalties specified in Chapter II, Chapter III and Chapter IV, except for additional penalties specified in Clause 5, Article 32 of this Decree;

dd) Applying remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

3. The Chief Inspector of the Ministry of Labor, Invalids and Social Affairs shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 75,000,000 for acts of administrative violations in the fields of labor, social insurance specified in Chapter II, Chapter III of this Decree, except for acts of violation specified in Clause 3, Article 32 of this Decree;

c) Imposing a fine of up to VND 100,000,000 for acts of administrative violations in the field of sending Vietnamese workers abroad as guest workers specified in Chapter IV of this Decree;

d) Applying additional penalties specified in Chapter II, Chapter III and Chapter IV, except for additional penalties specified in Clause 5, Article 32 of this Decree;

dd) Applying remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

4. The Chief of the Ministerial-level labor inspectorate team shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 52,500,000 for acts of administrative violations in the fields of labor, social insurance specified in Chapter II, Chapter III of this Decree, except for acts of violation specified in Clause 3, Article 32 of this Decree;

c) Imposing a fine of up to VND 70,000,000 for acts of administrative violations in the field of sending Vietnamese workers abroad as guest workers specified in Chapter IV of this Decree;

d) Applying additional penalties specified in Chapter II, Chapter III and Chapter IV, except for additional penalties specified in Clause 5, Article 32 of this Decree;

dd) Applying remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

5. The Chief of the Department-level labor inspectorate team, the Chief of the specialized inspectorate team of a state management agency assigned to conduct specialized inspection on labor, social insurance, sending Vietnamese workers abroad as guest workers shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 37,500,000 for acts of administrative violations in the fields of labor, social insurance specified in Chapter II, Chapter III of this Decree, except for acts of violation specified in Clause 3, Article 32 of this Decree;

c) Imposing a fine of up to VND 50,000,000 for acts of administrative violations in the field of sending Vietnamese workers abroad as guest workers specified in Chapter IV of this Decree;

d) Applying additional penalties specified in Chapter II, Chapter III and Chapter IV, except for additional penalties specified in Clause 5, Article 32 of this Decree;

dd) Applying remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

Article 50. Competence in imposing penalties of the Director General of the Department of Overseas Labor

The Director General of the Department of Overseas Labor shall have the following powers:

1. Imposing a fine of up to VND 100,000,000 for acts of administrative violations in the field of sending Vietnamese workers abroad as guest workers specified in Chapter IV of this Decree.

2. Applying additional penalties specified in Chapter IV of this Decree.

3. Applying remedial measures specified in Chapter IV of this Decree.

Article 51. Competence in imposing penalties of The Director General of the Department of Work Safety

The Director General of the Department of Work Safety shall have the following powers:

1. Imposing a fine of up to VND 75,000,000 for administrative violations specified in Articles 18, 20, 21, 22, 23, 24, 25, 26, 27, Point b, Clause 7, Article 39, Clause 8, Article 39 of this Decree.

2. Applying additional penalties specified in Articles 25, 26, 27 and Clause 9, Article 39 of this Decree.

3. Applying remedial measures specified in Articles 22, 23, 25, 26, 27, Clause 10, Article 39 of this Decree.

Article 52. Competence in imposing penalties of Social insurance agencies

1. The Directors of the provincial-level Social insurance agency shall have the following powers:

a) Imposing a fine of up to VND 37,500,000 for acts of violation on payment of social insurance and unemployment insurance specified in Clauses 1, 3, 4, 5, 6, 7 Article 39, Point a, Clause 1, Article 40 of this Decree;

b) Applying remedial measures specified in Clause 10, Article 39, Clause 3, Article 40 of this Decree.

2. The Director General of Vietnam Social Insurance shall have the following powers:

a) Imposing a fine of up to VND 75,000,000 for acts of violation on payment of social insurance, unemployment insurance specified in Clauses 1, 3, 4, 5, 6, 7, Article 39, Point a, Clause 1, Article 40 of this Decree;

b) Applying remedial measures specified in Clause 10, Article 39, Clause 3, Article 40 of this Decree.

3. Heads of the specialized inspectorate team established by the Director General of Vietnam Social Insurance shall have the following powers:

a) Imposing a fine of up to VND 52,500,000 for violations on payment of social insurance and unemployment insurance specified in Clauses 1, 3, 4, 5, 6, 7 Article 39, Point a, Clause 1 of Article 40 of this Decree;

b) Applying remedial measures specified in Clause 10, Article 39, Clause 3, Article 40 of this Decree.

Article 53. Competence of the People’s Public Security forces

1. Heads of commune-level police offices and Heads of police offices of border gates or export processing zones, Heads of the International Airport Border Gate Police, Commander of Mobile Police Battalion, Head of Naval Fortilla shall have the power to impose a fine of up to VND 2,500,000 for acts of violation specified at Point d, Clause 1, Article 8 and Clause 2, Article 34 of this Decree.

2. Chiefs of district-level police offices; heads of the professional divisions of the Police Department for Administrative Management of Social Order; heads of the professional divisions of the Department of Immigration; Heads of division of the Provincial Public Security Department, including Head of the Police Division for Administrative Management of Social Order, Heads of Police Division for investigation of social order-related crimes, Heads of Police Division for investigation of corruption, smuggling and economic crimes, Heads of Division of Immigration shall have the power to impose fines of up to VND 15,000,000 for acts of violation specified at Point d, Clause 1, Article 8 and Clause 2, Article 34 of this Decree.

3. The Directors of the Provincial-level Public Security Department shall have the following powers:

a) Imposing a fine of up to VND 37,500,000 for acts of violation specified at Point d, Clause 1, Article 8; Clause 3, Article 11; Point a, Clause 3, Article 19; Point dd, Clause 3, Article 21; Article 31; Clause 3, Article 32; Clause 2, Article 34; Clause 3, Article 35 of this Decree;

b) Applying additional penalties specified in Clause 5, Article 32 of this Decree;

c) Applying remedial measures specified at Point c, Clause 4, Article 19 of this Decree.

The Director General of the Police Department for Administrative Management of Social Order, the Director General of the Police Department for Social Order-related Crime Investigation, the Director General of the Department of Immigration shall have the following powers:

a) Imposing a fine of up to VND 75,000,000 for acts of violation specified at Points b, c, d, dd, Clause 5, Clause 6, Article 7; Point d, Clause 1, Clause 3, Article 8; Clause 3, Point a, Clause 4, Article 11; Points e, g Clause 6 and Clause 7, Article 13; Point a, Clause 2, Article 14; Point a, Clause 3, Article 19; Point dd, Clause 3, Article 21; Point c, Clause 3, Article 29; Clause 4, Article 30; Article 31; Clause 2, Article 34; Clause 3, Article 35; acts of forging documents in the application dossier for the Certificate of eligibility for occupational safety and health training, acts of forging the Certificate of eligibility for safety training, occupational hygiene specified at Point d, Clause 3 and Clause 4, Article 25; acts of forging documents in the application dossier for the Certificate of eligibility for inspection, forging the Certificate of eligibility for inspection activities, forging the Certificate of inspector specified at Point dd Clause 1, Clause 5 and Clause 6, Article 26 of this Decree;

b) Imposing a fine of up to VND 100,000,000 for acts of violation specified at Points a, b, c, e, g, h, Clause 9, Article 42; Points a, b, c, Clause 8, Article 43; Points a, b, c, Clause 7, Article 44; Points a and c, Clause 6, Article 45; Clause 1, Clause 2, Article 46; acts of damaging the honor and dignity of workers in sending Vietnamese workers abroad specified at Point d, Clause 9 Article 42 of this Decree;

c) Applying additional penalties specified in Clause 7, Article 7; Clause 9 Article 43; Clause 8, Article 44; Clause 4, Article 46 of this Decree;

d) Applying remedial measures specified at Point b, Clause 8, Article 7; Point c, Clause 3, Article 14; Point c, Clause 4, Article 19; Point g, Clause 14, Article 42; Clause 5, Article 46 of this Decree.

5. The Director General of the Department of Immigration shall have the power to impose penalties on acts of violation specified in Clause 3, Article 32 and apply additional penalties specified in Clause 5, Article 32 of this Decree.

Article 54. Competence of the Coast guard force

1. Officers of the Coast guard forces who are on duty shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 1,500,000 for acts of violation specified in Chapter II of this Decree.

2. Heads of professional team of the Coast guard force shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 3,750,000 for acts of violation specified in Chapter II of this Decree.

3. Heads of professional operation teams of the Coast guard forces and heads of Coast guard stations shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 7,500,000 for acts of violation specified in Chapter II of this Decree;

c) Applying remedial measures specified at Point a, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. Captains of Coast guard flotillas shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 15,000,000 for acts of violation specified in Chapter II, except for acts of violation specified in Clause 3 Article 32 this Decree;

c) Applying remedial measures specified in Chapter II this Decree.

5. Captains of the Coast Guard Fleet; Captains of the Reconnaissance Fleet, Captains of the Drug Crime Prevention Task Force Fleet under the Vietnam Coast Guard Command shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 22,500,000 for acts of violation specified in Chapter II, except for acts of violation specified in Clause 3, Article 32 of this Decree;

c) Applying remedial measures specified in Chapter II this Decree.

6. Commander of the Coast guard zone, Director General of the Department of Professional Affairs and Law under the Vietnam Coast guard shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 37,500,000 for acts of violation specified in Chapter II, except for acts of violation specified in Clause 3, Article 32 of this Decree;

c) Applying additional penalties specified in Chapter II, except for additional penalties specified in Clause 5, Article 32 of this Decree;

d) Applying remedial measures specified in Chapter II of this Decree.

7. Commander of the Vietnam Coast guard shall have the following powers:

a) Imposing a warning;

b) Imposing a fine of up to VND 75,000,000 for acts of administrative violations specified in Chapter II, except for acts of violation specified in Clause 3, Article 32 of this Decree;

c) Applying additional penalties specified in Chapter II, except for additional penalties specified in Clause 5, Article 32 of this Decree;

d) Applying remedial measures specified in Chapter II of this Decree.

Article 55. Competence in imposing penalties of Provincial-level border-guard commanders, commanders of border-guard ship fleets of the Border-Guard Command Post; Director of the Department of Drug and Crime Prevention under the Border Guard Command

Provincial-level border-guard commanders, commanders of border-guard ship fleets of the Border-Guard Command Post; Director of the Department of Drug and Crime Prevention under the Border Guard Command shall have the following powers:

1. Imposing a fine of up to VND 100,000,000 for acts of violation specified at Point a, Clause 9, Article 42; Point a, Clause 8, Article 43; Point a, Clause 7, Article 44; Point a, Clause 6, Article 45 of this Decree;

2. Applying additional penalties specified in Clause 9, Article 43, Clause 8, Article 44 of this Decree.

Article 56. Competence in imposing penalties of heads of diplomatic missions, consular offices, other agencies

Heads of diplomatic missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad shall have the following powers:

Imposing a fine of up to VND 100,000,000 for acts of violation specified at Point c, Clause 9, Article 42; Point c, Clause 8, Article 43; Point c, Clause 7, Article 44; Point c, Clause 6, Article 45; Clause 1, Article 46; Point b, Clause 2, Article 46 of this Decree.

Article 57. Assignment of sanctioning power

1. Person with sanctioning power specified in Article 48; Clauses 2 and 3 Article 49; Articles 50, 51, 52, 53, 54, 55 and 56 of this Decree may assign to his/her Deputy to exercise the competence to impose administrative penalties.

2. The assignment of the sanctioning power specified in Clause 1 of this Article shall be made in accordance with current law provisions.

 

Section 2

PROCEDURE OF IMPOSING PENALTIES ON ADMINISTRATIVE VIOLATIONS

 

Article 58. Procedure of imposing penalties on administrative violations

1. The procedure of imposing penalties in the fields of labor, social insurance, sending of Vietnamese workers abroad as guest workers shall comply with the provisions of the Law on Handling of Administrative Violations, documents guiding the implementation of the Law on Handling of Administrative Violations, Clause 2 of this Article and Article 59 of this Decree.

2. When detecting acts of forging licenses, certificates or diplomas; forging documents of agencies and organizations specified at Points d and dd, Clause 5, Clause 6, Article 7; Points e, g, Clause 6, Clause 7, Article 13; Point d Clause 2, Point d, Clause 3, Clause 4, Article 25; Point dd, Clause 1, Clause 5, Clause 6, Article 26; Point h, Clause 9, Article 42; Point c, Clause 2, Article 46 of this Decree, the competent person who is handling the case must immediately transfer the dossier on the violation case to a criminal procedure-conducting agency for criminal prosecution as specified in Article 62 of the Law on Handling of Administrative Violations. In cases where the criminal procedure-conducting agency does not examine it for penal liability, the dossier on the violation case shall be transferred to the person who has the competence to impose administrative penalties as specified in Clause 3, Article 62 of the Law on Handling of Administrative Violations for imposing penalties for administrative violations as specified in this Decree.

Article 59. Procedure of imposing penalties for workers when committing violations specified in Clause 1, Article 46 of this Decree

1. The Chairpersons of the People's Committee, the Chief Inspector of the Ministry, The Director General of the Department of Overseas Labor, the Heads of the diplomatic missions, consular offices and other agencies authorized to perform the consular function overseas Vietnamese (hereinafter referred to as the person with sanctioning competence); civil servants and public workers on duty shall inspect and examine Vietnamese guest workers, in accordance with legal documents or administrative documents issued by competent agencies or persons, for the act of illegal overstay after terminating the labor contract or vocational training contract without being threatened, coerced in any forms and not subject to criminal liability when having one of the following grounds:

a) Directly detecting violations while on duty;

b) Receiving a written notification from the competent agency or organization of the host country about the violation committed by the worker;

c) Receive a written notification from the overseas employer about the worker’s violation. The content of the written notification must be checked and verified for accuracy before making the records.

2. The making of administrative violation records shall comply with the provisions of the Law on Handling of Administrative Violations and the Government's Decree detailing a number of articles and measures to implement the Law on Handling of Administrative Violations.

3. The completed administrative violation records must be handed over to the violator and must be immediately transferred to the person with sanctioning competence where the worker currently resides for consideration and making decisions on imposing penalties on the administrative violation in accordance with law provisions.

4. The decision to handle administrative violations shall be made in accordance with Article 66, Article 67 and Article 68 of the Law on Handling of Administrative Violations.

 

Section 3

EXECUTION OF PENALTIES FOR ADMINISTRATIVE VIOLATIONS, REMEDIAL MEASURES

 

Article 60. Execution of penalties for administrative violations

1. The execution of penalties for administrative violations in the fields of labor, social insurance, sending of Vietnamese workers abroad as guest workers shall comply with the provisions of the Law on Handling of Administrative Violations, documents guiding the implementation of the Law on Handling of Administrative Violations and Clauses 2, 3, 4 of this Article.

2. The person who issues the decision to impose penalties on an administrative violation shall send 01 copy of the sanctioning decision to:

a) Competent state agencies which grant the employment service licenses for acts of violation specified in Clause 5, Article 7 of this Decree;

b) Persons competent to issue labor leasing licenses for one of the acts of violation specified in points a, b, d, dd, e, g, h, Clause 6, Article 13 of this Decree;

c) Competent state agencies issue certificates of eligibility for occupational safety and health training for acts of violation specified at Points c, d, Clause 2; Points c, d, Clause 3, Article 25 of this Decree;

d) Competent state agencies which issue the certificates of eligibility for technical inspection of occupational safety for acts of violation specified at Points d, dd, Clause 1, and Clause 6, Article 26 of this Decree;

dd) Minister of the Ministry of Labor, Invalids and Social Affairs for acts of violation specified at Points a, b Clause 5; Clause 6; Points a, b, dd, e, g, h, Clause 9; Points a, b, c, Clause 10, Article 42 of this Decree.

3. For workers who are fined abroad, they can pay fines at Vietnamese diplomatic missions and consular offices abroad.

4. Fines shall be collected in Vietnam Dong. In case of collection in foreign currency, it shall be converted into Vietnam Dong at the exchange rate of the commercial bank at the time of imposing the penalty.

Article 61. Execution of remedial measures

The execution of remedial measures specified in this Decree shall comply with the law on Handling of Administrative Violations and its guiding documents.

 

Chapter VI

IMPLEMENTATION PROVISIONS

 

Article 62. Effect

1. This Decree shall take effect from January 17, 2022.

2. The Government’s Decree No. 28/2020/ND-CP dated March 1, 2020 providing for penalties for administrative violations in the field of labor, social insurance, and sending of Vietnamese workers abroad as guest workers shall cease to be effective from the effective date of this Decree.

Article 63. Transitional provisions

For acts of administrative violations in the fields of labor, social insurance, sending of Vietnamese workers abroad as guest workers that were discovered before the effective date of this Decree, are being reviewed, resolved and have not yet been decided, regulations on imposing penalties specified in this Decree shall be applied if this Decree does not stipulate legal responsibility or prescribe lighter liability for violating individuals or organizations.

Article 64. Guiding and implementation responsibilities

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

2. Ministers, Heads of the Ministerial-level agencies, Heads of Government-attached agencies, Chairpersons of provincial and municipal People's Committees shall be responsible for the implementation of this Decree.

 

On behalf of the Government

For the Prime Minister

Deputy Minister

VU DUC DAM