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Scope of regulation and subjects of application
The Decree provides for administrative violations, forms of penalties, penalty levels, and remedial measures in the fields of labor, social insurance, and Vietnamese employees going to work abroad under contracts. It applies to employers, employees, and other individuals and organizations committing administrative violations in these fields.
Forms of penalties and remedial measures
Under the Decree, organizations and individuals committing violations are subject to principal penalties in the form of warnings or monetary fines. Depending on the nature and severity of a violation, additional penalties may also be imposed, including confiscation of exhibits and means used for administrative violations, deprivation of the right to use practicing certificates, suspension of operations, or expulsion of foreign employees working in Vietnam.
The Decree also sets out detailed remedial measures in its respective chapters to ensure that violations are handled comprehensively and effectively.
Transfer of case files involving signs of criminal offenses
During the handling of administrative violations, if a violation shows signs of a criminal offense, the person having sanctioning competence must transfer the case file to the competent criminal procedure authority for criminal prosecution. This requirement ensures that serious violations are not only subject to administrative penalties but are also handled in accordance with criminal law.
Decree No. 283/2026/ND-CP marks an important step toward improving the legal framework on labor and social insurance, thereby helping protect the lawful rights and interests of employees and ensuring fairness in labor relations.
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