Nghị định 28/2020/NĐ-CP xử phạt hành chính lĩnh vực lao động, bảo hiểm xã hội

 

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;

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

Pursuant to the Labor Code dated June 18, 2012;

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 under Contract dated November 29, 2006;

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

The Government hereby promulgates the Decree on 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 powers to impose penalties, the powers to make records, the procedures for imposing penalties 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 have administrative violations against regulations on labor, social insurance and overseas manpower supply under contract as prescribed in this Decree.

2. Persons competence 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 as prescribed in this Decree.

Article 3. Sanctions against administrative violations

1. Organizations and individuals having administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract shall be imposed a principal sanction of caution or fine.

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

a) Deprivation of the right to use the labor lease License for a term of 01 - 03 months, or a term of 06 - 12 months;

b) If the violator is an inspector, he/she shall be deprived the right to use the Inspector’s Certificate for 01 - 03 months;

c) Revocation of the labor lease License;

d) Revocation of the Certificate of eligibility for training in occupational safety and hygiene;

dd) Revocation of the Certificate of eligibility for operation of occupational safety technical testing service;

e) Revocation of Inspector’s Certificate;

g) Suspension of activity of training for 01 month to 03 months;

h) Suspension of activity of inspection for 01 month to 03 months;

i) Suspension of monitoring activity of working environment for 03 months to 06 months;

k) Suspension of activity of sending workers abroad for 01 month to 03 months, or 04 months to 06 months, or 06 months to 12 months;

l) Suspension of the manpower supply contract for a term of 01 month to 03 months, or 03 months to 06 months, or 06 months to 12 months;

m) Expulsion of foreign employee who works in Vietnam.

Article 4. Remedial measures

Apart from penalties as prescribed in Article 3 of this Decree, an individual or organization having administrative violations may be imposed one or several of the following remedial measures:

1. Compelling the remittance of the collected charges for worker.

2. Compelling the return of the ID papers, qualifications and certificates to the worker.

3. Compelling the return of the ID papers for the domestic maids.

4. Compelling the return of the money or assets to the worker attached with its interest.

5. Compelling the return of the illegal profits generated by the labor lease activities.

6. Compelling the return of the profit earned from illegally taking advantage of vocational training to seek profit, exploit workers, or seducing, forcing apprentices to commit illegal acts.

7. Compelling the repayment of the training expenses attached with interests of such money to business and trading facilities hiring the service of training of occupational safety and hygiene.

8. The vocational education institution is compelled to return the profited money into the State budget.

9. Compelling the return of the occupied money of compulsory insurance attached with its interest to the worker.

10. Compelling to enter into a contract with the worker or use the right type of contract with him/her.

11. Compelling to sign written labor contracts with domestic maids.

12. Compelling the extension of the labor contract term for part-time union officials.

13. Compelling to pay full salary.

14. Compelling to pay full salary attached with the interest of the amount of delayed payment and inadequate payment.

15. Compelling the employer to pay the worker for the days the worker is not re-employed after ending of the period of temporary suspension of labor contracts performance.

16. The labor leasing enterprise is compelled to return the difference in salary to the workers.

17. Compelling the employer to pay apprentices when they commit acts of not paying wages to the apprentices directly or participating in producing proper products during the period of apprenticeship.

18. Compelling the employer to pay full salary for the days of temporary suspension of employment to workers.

19. Compelling the employer to pay full salary for the days of temporary closing working place.

20. Compelling to pay part-time union representatives for the hours they do the union’s works.

21. Compelling to overtime pay for the overtime workers.

22. Compelling to complete the procedures to confirm and return other papers for the workers.

23. Compelling to re-employ workers.

24. Compelling to re-employ worker and pay such worker full salary for the days off.

25. Compelling to re-employ the workers, and pay sufficient wages, social insurance, and health insurance for the suspension period.

26. Compelling to apologize the worker in public and pay all expenses for treatment and salary for the he/she in the treatment period if the infringement caused injury to the worker's body so that he or she must be treated at health facilities.

27. Compelling to pay full job-loss allowance and severance allowance for the worker attached with the interests of the unpaid amount.

28. Compelling to pay the social insurance, health insurance, unemployment insurance, and annual leave allowances to workers.

29. Compelling to pay the allowances in kind to the worker according to the prescribed amount.

30. Compelling to pay full freight charges for the domestic maids.

31. Compelling to pay full social insurance and health insurance for the domestic maids.

32. Compelling to pay full insurance of occupational accidents and diseases to the worker.

33. Compelling to pay the allowances, compensation attached with the interests of such payment for the worker.

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

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

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

37. Compelling to cancel the provided training results.

38. Compelling to cancel the inspection results and reimbursement of inspection expenses attached with the interests of such money.

39. Compelling to ensure the necessary working conditions for the trade union organizations and arranging time for trade union workers.

40. Compelling to correct the false information.

41. Compelling to provide the same interests and benefits for workers who do full-time trade union activities as other workers in the same organization.

42. The employer must pay to the trade union the amount of the union dues late payment, inadequate or not yet paid and the interest amount of the union dues unpaid and delayed.

43. Compelling to return to the social insurance organization the amount of social insurance and unemployment benefit that the employer received.

44. Compelling to make sufficient contribution to Fund for Abroad Employment Supporting in accordance with law regulations.

45. Compelling to pay the deposit in accordance with law regulations.

46. Compelling the vocational education institution to provide vocational training until the end of the course that the worker participating in unemployment insurance has registered.

47. Compelling the provision of training in professional skills, foreign languages, and necessary knowledge for the workers, or compelling the refund of the training fees to the workers (if any).

48. Compelling the manpower supplier to repatriate the workers at the request of the host country or the competent state agency of Vietnam.

49. Compelling the repatriation.

50. Compelling the payment of the compulsory social insurance premium and unemployment insurance premium for late payment, non-payment or evasion.

51. Compelling the payment of the interest amount equal to 02 times the average interest rate of investment in social insurance fund of the preceding year calculated on the amount and period of late payment, non-payment, or evasion of payment.

Article 5. Fines and powers to impose penalties

1. The fines for violations mentioned in Chapter II, Chapter III, and Chapter IV of this Decree are applied to individuals, except for the cases mentioned in Clauses 1 and 2 of Article 6, Clauses 3, 4 and 6 of Article 12; Clause 2 of Article 24; Clause 1 of Article 25; Clauses 1, 5, 6 and 7 of Article 26; Clause 5 of Article 40; Clauses 1, 2, 3, 4 and 5 of Article 41; Clauses 2 and 4 of Article 42; Clauses 1 and 2 of Article 43; Clauses 1, 2 and 3 of Article 44; Clauses 1, 2, 3 and 4 of Article 45 of this Decree. The fines applicable to organizations are twice as much as those applicable to individuals.

2. The power to impose penalties for administrative violations specified in Chapter V of this Decree is the power to impose penalties with individuals. In case of fine, the powers to impose fines incurred by organizations are twice at much those applicable to individuals.

3. Organizations that are fined as twice as the fines for individuals in this Decree include:

a) State agencies committing violations that are not related to assigned state management tasks;

b) Enterprises established and operate in accordance with law regulations of Vietnam; branches and representative offices of foreign enterprises operating in Vietnam;

c) Cooperatives and unions of cooperatives;

d) Non-business unit;

dd) Socio-political-career organizations, socio-political professional organizations; social organizations and social-professional organizations;

e) Diplomatic missions, foreign consular offices, representative offices of international organizations affiliated to the United Nations system, regional and sub-regional organizations;

g) Resident offices of foreign news agencies, newspapers, radio and television;

h) International organizations, intergovernmental organizations and organizations belonging to foreign Governments;

i) Non-governmental organizations;

k) Representative offices operating without profit in Vietnam of the foreign economic, commercial, financial, banking, insurance, scientific - technical, cultural, educational, medical and legal consultancy organizations;

l) Educational institutions, vocational education institutions, medical facilities and socio-cultural facilities.

 

Chapter II

VIOLATIONS, PENALTIES, FINE LEVELS AND REMEDIAL MEASURES APPLICABLE TO VIOLATIONS AGAINST LABOR REGULATIONS

 

Article 6. Violations against the regulations on employment services

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed upon any employment service provider that notifies its employment service operation against the law.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed upon any employment service provider that provides false or confusing information about job positions.

3. A fine of from VND 45,000,000 to VND 60,000,000 shall be imposed upon any individual or organization that provides employment services without being a legally established employment service center or having an employment service license issued by a competent authority or uses an expired employment service license.

4. Remedial measures

Compelling to return the collected charges to the payers if the violation mentioned in Clause 3 of this Article is committed.

Article 7. Violations against the regulations on recruitment and management of workers

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Failure to publicly announce the recruitment result or failure to announce the recruitment result within 05 working days from the day on which the result is available;

b) Failure to report the employment according to regulations to the Division of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs (for employers in industrial parks) where the head office, branch or the representative office is located;

c) Failure to report the change on employees to the Division of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs (for employers in industrial parks) where the head office, branch or the representative office is located;

d) Collecting money from applicants;

dd) Failure to make a labor management book; failure to make a labor management book on schedule or make a labor management book without sufficient information as prescribed by law; failure to record and update information about workers on the labor management book when employment contracts take effect; failure to update information about changes on the labor management book.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of discrimination by gender, age, nation, skin color, social class, marital status, belief, religion, HIV infection and disabilities.

3. Remedial measures

Compelling to return the collected charges to the payers if the violation mentioned in Point d, Clause 1 of this Article is committed.

Article 8. Violations against the regulations on conclusion of employment contracts

1. The fines below shall be imposed upon any employer who commits any of the following violations: Failure to conclude written labor contracts for works with duration longer than 03 months; failure to conclude the right type of labor contracts; failure to conclude labor contracts that contain sufficient information; concluding labor contracts in case of hiring employees to work as directors in enterprises with State capital not prescribed by law at one of the following levels:

a) From VND 2,000,000 to VND 5,000,000 if the violation involves 01 - 10 workers;

b) From VND 5,000,000 to VND 10,000,000 if the violation involves 11 - 50 workers;

c) From VND 10,000,000 to VND 15,000,000 if the violation involves 51 - 100 workers;

d) From VND 15,000,000 to VND 20,000,000 if the violation involves 101 - 300 workers;

dd) From VND 20,000,000 to VND 25,000,000, if the violation involves 301 workers or more.

2. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Keeping original copies of workers’ ID papers and/or qualifications when concluding labor contracts or performing labor contracts;

b) Requiring workers to put up money or other property as guarantee for the performance of labor contracts;

c) Concluding labor contract with workers aged from 15 to under 18 without written consents of their legal representatives.

3. Remedial measures

a) Compelling to return the original copies of workers’ ID papers and qualifications to workers if the violation mentioned in Point a, Clause 2 of this Article is committed;

b) Compelling to return the money or property to workers attached with an interest on the money at the highest rate of demand deposit announced by state-owned commercial banks at the time of penalty imposition if the violation mentioned in Point b, Clause 2 of this Article is committed;

c) Compelling to conclude the right type of labor contracts with the workers if the act of not concluding the right type of labor contracts mentioned in Clause 1 of this Article is committed.

Article 9. Violations against the regulations on probation

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Requiring workers who work under seasonal labor contracts to undergo probation;

b) Failure to notify work results of workers who underwent probation as prescribed by law.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed upon any employer that commits any of the following violations:

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

b) Requiring workers to undergo probation longer than permissible;

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

d) Failure to conclude labor contracts with workers who keep working after the probation period.

3. Remedial measures

a) Compelling to pay full salary to workers if any of the violations mentioned in Point a Clause 1, Points a, b, c and d, Clause 2 of this Article is committed;

b) Compelling to conclude the labor contracts with the workers if the violation as prescribed in Point d, Clause 2 of this Article is committed.

Article 10. Violations against the regulations on labor contract execution

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed upon any employer that temporarily assigns employee to perform another job which is not stated in the labor contract without notifying an employee 03 working days in advance or failing to notify clearly the time of temporary work or job placement which is not suitable to the health and gender of the employee.

2. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Assigning the worker to work at another location in comparison with that agreed in the labor contract, except for the cases as prescribed in Article 31 of the Labor Code;

b) Refusing to re-employ the worker after the end of the labor contract suspension, unless otherwise agreed by the employer and the worker;

c) Transferring worker to do another job in comparison with the labor contract for a wrong reason, duration or without written consent of the worker in accordance with regulations of law.

3. A fine of from VND 50,000,000 to VND 75,000,000 shall be imposed upon any employer that commits an act of forced labor or mistreating a worker but not seriously enough to be examined for penal liability.

4. Remedial measures

Compelling the employer to pay the worker for the days the worker is not re-employed after the labor contract suspension, applicable to the violations in Point b, Clause 2 of this Article.

Article 11. Violations against the regulations on revision and termination of employment contracts

1. The fines below shall be imposed upon any employer who commits any of the following violations: Revising the labor contract duration more than once with appendices or revising the labor contract duration with appendices that change the type of the concluded labor contract, except for the case of extension of the labor contract duration for employees who are older workers and part-time union officials as prescribed in Clause 6, Article 192 of the Labor Code; failure to pay benefits to the worker on schedule when terminating the labor contract; failure to pay or pay sufficient job-loss allowance and redundancy payment to the worker as prescribed by law; failure to pay or pay sufficient compensation when unilaterally terminating the labor contract against the law; failure to complete procedures for confirming and returning other documents to the worker after labor contract is terminated according to one of the following levels:

a) From VND 1,000,000 to VND 2,000,000 if the violation involves 01 - 10 workers;

b) From VND 2,000,000 to VND 5,000,000 if the violation involves 11 - 50 workers;

c) From VND 5,000,000 to VND 10,000,000 if the violation involves 51 - 100 workers;

d) From VND 10,000,000 to VND 15,000,000 if the violation involves 101 - 300 workers;

dd) From VND 15,000,000 to VND 20,000,000, if the violation involves 301 workers or more.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Laying off 02 workers or more without discussing with the internal representative of the employees’ collective or without notifying the State labor management agency in province at least 30 days in advance in case of restructuring, technological change, or financial reasons;

b) Failure to make an employment plan in accordance with law provisions.

3. Remedial measures

a) The employer who fails to pay or pay sufficient job-loss allowance or redundancy payments to the worker as prescribed in Clause 1 of this Article shall be compelled to pay sufficient job-loss allowance, redundancy payments to the worker when unilaterally terminating the employment contract against the law attached with an interest of the unpaid amount at the highest interest rate of demand deposits of state-owned commercial banks announced at the time of penalty imposition;

b) The employer who fails to complete the procedures for confirming and returning other documents to the worker as prescribed in Clause 1 of this Article shall be compelled to complete the procedures for confirming and returning other documents to the workers.

Article 12. Violations against the regulations on sub-lease of employees

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed upon any labor sublessee that commits any of the following violations:

a) Failing to inform and guide the employer who uses the employee sublease service about the labor regulations of the company;

b) Provide discriminatory working conditions for outsourced workers as compared with those provided to the native workers of the company.

2. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed upon any labor sublessee that commits any of the following violations:

a) Re-hire employees to perform jobs that are not on the list of jobs performed on the labor sublease;

b) Signing in the labor sublease contract without labor lease license;

c) To re-hire a labor when the labor sublessee is having a labor dispute, going on strike or re-hiring a labor to replace the employee who is in the process of exercising the right to go on strike or settle a labor dispute;

d) To re-hire a labor to replace the employee who has been laid off due to changes in structure, technology or merger, consolidation, division, separation of enterprises or for economic reasons.

3. The labor sublease enterprise shall be liable to a fine from VND 1,000,000 to VND 3,000,000 upon committing one of the following acts:

a) Failure to sufficiently record the quantity of outsourced workers, the labor sublessee, and labor sublease service charges;

b) Failure to report the labor sublease status in accordance with law provisions;

c) Failure to publicly post the original license at the head office and certified true copies from the original license at the branches or representative offices (if any) of the sublease enterprise;

d) Failure to timely report in the case there is any incident concerning to the activities of sublease of employees to the competent State agency at local or according to the requirement of the State labor management agency.

4. Fines shall be imposed upon any labor sublease enterprises that commits any of the following violations: To pay the outsourced worker a lower wage than worker of the same qualification, doing the same job or the job with the same value of the labor sublessee; failure to notify or untruthfully notify an employee the sublease contract contents; carry out the labor sublease without the consent of the employee at one of the following levels:

a) From VND 10,000,000 to VND 20,000,000 if the violation involves 01 - 10 workers;

b) From VND 20,000,000 to VND 40,000,000 if the violation involves 11 - 50 workers;

c) From VND 40,000,000 to VND 60,000,000 if the violation involves 51 - 100 workers;

d) From VND 60,000,000 to VND 80,000,000 if the violation involves 101 - 300 workers;

dd) From VND 80,000,000 to VND 100,000,000, if the violation involves 301 workers or more.

5. Each of the following acts shall be imposed a fine from VND 50,000,000 to VND 75,000,000:

a) To carry out the labor sublease without a labor lease license;

b) To transfer the outsourced worker to another employer;

c) To use an invalid labor sublease license to carry out the labor sublease.

6. The labor sublease enterprise shall be liable to a fine from VND 80,000,000 to VND 100,000,000 upon committing one of the following acts:

a) To lend the labor lease license to another company, organization or individual to provide labor sublease services;

b) To sublet labor to perform jobs which are not in the list of jobs performed on the labor sublease;

c) To sublet labors for employees with the duration of more than 12 months;

d) To sublet labor when the labor sublease enterprise is having a labor dispute, going on strike or sublet a labor to replace the employee who is in the process of exercising the right to go on strike or settle a labor dispute;

dd) To modify the contents of granted the labor lease license that is not serious enough to warrant examination for penal liability.

7. Additional sanctioning form

a) Deprivation of the right to use the labor lease license for a term of from 01month to 03 months, applicable to the violations specified in Points c, d and dd, Clause 4 of this Article;

b) Deprivation of the right to use the labor lease license for a term of 06 months to 12 months, applicable to the violations as prescribed in Points a, b, c and d, Clause 6 of this Article.

c) Confiscation of the granted labor lease license, applicable to the violations specified in Point dd, Clause 6 of this Article;

8. Remedial measures

a) Compelling the labor sublease enterprise to pay the difference in salary for the worker, applicable to the violations specified in Clause 4 of this Article;

b) The entity that commits the violation as prescribed in Clause 5 of this Article must transfer the illegal profits earned from provision of labor sublease services to the state budget.

Article 13. Violations against the regulations on provision of vocational training and refresher courses

1. The fines below shall be imposed upon any employer who commits any of the following violations: Failing to provide vocational training worker before reassigning him/her to another work, job; failing to sign a training contract with apprentice; failing to pay salary for his/her training period during which he/she directly produce or participate in the production of qualified products; failing to sign a labor contract with apprentice when apprenticeship ends, the employer shall be liable to one of the following fine:

a) From VND 500,000 to VND 2,000,000 if the violation involves 01 - 10 workers;

b) From VND 2,000,000 to VND 5,000,000 if the violation involves 11 - 50 workers;

c) From VND 5,000,000 to VND 10,000,000 if the violation involves 51 - 100 workers;

d) From VND 10,000,000 to VND 15,000,000 if the violation involves 101 - 300 workers;

dd) From VND 15,000,000 to VND 20,000,000, if the violation involves 301 workers or more.

2. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Taking advantage of vocational training to seek profit, exploit workers, or seducing and forcing apprentices to commit illegal acts;

b) Recruiting persons with ages of fewer than 14 as interns or apprentices, except for the vocations permitted by law.

3. Remedial measures

a) Compelling the employer to pay apprentices for their training period during which they directly produce or participate in the production of qualified products, applicable to the violations as prescribed in Clause 1 of this Article;

b) Compelling the employer to return the profit earned from illegally taking advantage of vocational training to seek profit, exploit workers, or seducing, forcing apprentices to commit illegal acts, applicable to the violations as prescribed in Point a Clause 2 of this Article.

Article 14. Violations against the regulations on workplace communication

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Failing to comply with the principles of democracy at the workplace in accordance with law provisions;

b) Failing to provide places and other conditions necessary for workplace communication.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed upon any employer that fails to conduct a dialogue at the request of a representative of the employees’ collective.

Article 15. Violations against the regulations on collective bargaining and labor agreement

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Failing to send the collective bargaining agreement to the provincial labor management authority;

b) Failing to pay the cost of negotiation, conclusion, amendment, supplement and sending, and announcement of the collective bargaining agreement;

c) Failing to inform workers of the contents of the signed collective bargaining agreement.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Failing to provide information about the production and business at the request of the employees’ collective to open collective bargaining;

b) Failing to open collective bargaining to conclude or amend the collective bargaining agreement on request.

3. The employer shall be liable to a fine from VND 10,000,000 to VND 15,000,000 when applying a collective bargaining agreement that is declared null and void.

Article 16. Violations against the regulations on wages

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Failure to publish the pay scale, payroll, labor norms, or reward scheme at the workplace;

b) Failure to make salary books or failure to present them to competent authorities on request;

c) The employer fails to notify the workers at least 10 days in advance before changing the methods of payment of salary;

d) Failure to formulate the pay scale, payroll and labor norms;

dd) Using the improper pay scale, payroll, or labor norms after the labor management authority at district has requested that they need to be revised;

e) Failing to consult the workers’ representative organization when establishing the pay scale, payroll, work limits, and reward scheme.

2. The fines below shall be imposed upon any employer who commits any of the following violations: Paying wages not on time; failing to pay or failing to pay fully salaries to employees as agreed in the labor contracts; failing to pay or paying inadequate wages to laborers working in heavy, hazardous or dangerous jobs, extremely heavy, hazardous or dangerous jobs, jobs requiring trained and apprenticeship according to regulations of law; paying wages lower than the levels as prescribed in the pay scales and payrolls sent to the district-level labor management authority; failure to pay or failure to sufficiently pay for overtime work, night work, and wages for suspension period to workers as prescribed by law; deducting workers’ wages against the law; paying wages against the law when temporarily reassigning workers against their labor contracts, during the suspension period, strike period, or the days the employee has not taken annual leave according to one of the following levels:

a) From VND 5,000,000 to VND 10,000,000 if the violation involves 01 - 10 workers;

b) From VND 10,000,000 to VND 20,000,000 if the violation involves 11 - 50 workers;

c) From VND 20,000,000 to VND 30,000,000 if the violation involves 51 - 100 workers;

d) From VND 30,000,000 to VND 40,000,000 if the violation involves 101 - 300 workers;

dd) From VND 40,000,000 to VND 50,000,000, if the violation involves 301 workers or more.

3. Fines shall be imposed upon any employer who pays workers less than the region-based minimum wages prescribed by the Government, according to one of the following levels:

a) From VND 20,000,000 to VND 30,000,000 if the violation involves 01 - 10 workers;

b) From VND 30,000,000 to VND 50,000,000 if the violation involves 11 - 50 workers;

c) A fine from 50,000,000 VND to 75,000,000 VND, if the violation concerns 51 workers or more.

4. Fines shall be imposed upon any employer who fails to pay an extra amount which equals to the amount of compulsory social insurance, compulsory health insurance, unemployment insurance, and annual leave allowances to workers who are not required to participate in compulsory social insurance, compulsory health insurance, unemployment insurance as prescribed by law, according to one of the following levels:

a) From VND 3,000,000 to VND 5,000,000 if the violation involves 01 - 10 workers;

b) From VND 5,000,000 to VND 8,000,000 if the violation involves 11 - 50 workers;

c) From VND 8,000,000 to VND 12,000,000 if the violation involves 51 - 100 workers;

d) From VND 12,000,000 to VND 15,000,000 if the violation involves 101 - 300 workers;

dd) From VND 15,000,000 to VND 20,000,000, if the violation involves 301 workers or more.

5. Remedial measures

a) The employer that commits any of the violations as prescribed in Clauses 2 and 3 of this Article shall be compelled to pay sufficient wages plus an interest on the unpaid amount of wage at the highest rate of demand deposit announced by state-owned commercial banks at the time of penalty imposition;

b) The employer that commits any of the violations as prescribed in Clause 4 of this Article shall be compelled to pay full amounts corresponding to the levels of payment of compulsory social insurance, compulsory health insurance, unemployment insurance, and annual leave allowances to workers.

Article 17. Violations against the regulations on hours of works and rest

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Failure to allow workers to rest during working hours, between the shifts, leave work to handle personal affairs, or take unpaid leaves as prescribed;

b) Failure to shorten working hours of works in the last year before their retirement as prescribed by law;

c) Failure to send a written notification of organization of overtime work from 200 hours to 300 hours in a year to the specialized agency that assists the People's Committee of the province or centrally-run city in state management of local labor.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed upon any employer that violates regulations of law on weekly leave or annual leave or Holidays or New Year.

3. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Imposing more working hours than the working hours in accordance with law provisions;

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

4. The employer shall be fined when mobilizing workers to work overtime more than the maximum working hours prescribed in Point b, Clause 2, Article 106 of the Labor Code, or more than 12 hours in a day during New Year, holidays and weekends according to one of the following levels:

a) From VND 5,000,000 to VND 10,000,000 if the violation involves 01 - 10 workers;

b) From VND 10,000,000 to VND 20,000,000 if the violation involves 11 - 50 workers;

c) From VND 20,000,000 to VND 40,000,000 if the violation involves 51 - 100 workers;

d) From VND 40,000,000 to VND 60,000,000 if the violation involves 101 - 300 workers;

dd) From VND 60,000,000 to VND 75,000,000, if the violation involves 301 workers or more.

Article 18. Violations against the regulations on labor discipline and responsibility

1. The employer that fails to announce or post the main contents of the labor regulations at appropriate places at the work place shall be liable to a fine from VND 500,000 to VND 1,000,000.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Failure to have written labor regulations when employing 10 employees or more;

b) Failure to register labor regulations with the labor state management authority of the province;

c) Using labor regulations that have not yet been valid or expired;

d) Handling labor discipline, paying compensation for damage not in accordance with the order, procedures and prescriptive period according to the provisions of law;

dd) Temporarily suspending work for employees not in compliance with the provisions of law.

3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Infringing on the body and dignity of the employee when handling the labor discipline but not seriously enough to be examined for penal liability;

b) Imposing fines or salary cut as disciplinary actions;

c) Imposing labor discipline on employees who commit acts of violation not prescribed in labor regulations;

d) Applying many forms of labor discipline on one labor violation.

4. Remedial measures

a) The employer that commits the violation as prescribed in Point b, Clause 3 of this Article shall be compelled to return the collected money or pay sufficient wages to workers;

b) The employer that commits any of the violations as prescribed in Point d, Clause 2 and Point c, Clause 3 of this Article shall be compelled to reemploy the workers and pay them for the suspension period.

 c) The employer that commits the violation as prescribed in Point dd, Clause 2 of this Article shall be compelled to pay full salary for the days of temporary suspension of employment to workers;

d) The employer that commits the violation as prescribed in Point a, Clause 3 of this Article shall be compelled to apologize the worker in public and pay all expenses for treatment and salary for the he/she in the treatment period if the infringement caused injury to the worker's body so that he or she must be treated at health facilities.

Article 19. Violations against the regulations on the report of occupational safety and hygiene works

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed upon any employer that fails to promptly report the responsible person when detecting risks of technical incidents causing occupational safety and hygiene failure or occupational accident or occupational disease.

2. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed upon any employer that fails to report or reports incompletely, inaccurately, fails to report in a timely manner on the occupational safety and hygiene works according to regulations of law.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon any employer that fails to make statistics or periodic report on occupational accidents, technical incidents causing serious occupational safety and hygiene failure and occupational disease in accordance with law provisions.

Article 20. Violation against the regulations on occupational safety and hygiene measures

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed upon any employer that fails to make a dossier of labor environment sanitation for harmful factors for the prevention of occupational diseases in accordance with regulations of law.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Failure to formulate, circulate and organize to implement the plan, rules and procedures to ensure the occupational safety and hygiene at work place or failure to consult with the grassroots trade union executive Committee;

b) Failure to arrange section or person in charge of occupational safety and hygiene and medical work or arrange person in charge of occupational safety and hygiene and medical work, but he/she doesn't meet requirements in accordance with law provisions;

c) Failure to arrange sufficient first-aid and emergency forces at the workplace in accordance with law provisions;

d) Failure to organize the training to the first aid and emergency forces at workplace in accordance with law provisions;

dd) Failure to classify works according to the List of heavy, hazardous, dangerous occupations and special heavy, hazardous, dangerous occupations to provide benefits as prescribed by law.

3. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Failure to periodically inspect, maintain machinery, equipment, facilities, and warehouses as prescribed by law;

b) Failure to equip occupational safety and hygiene equipment at workplace as prescribed by law;

c) Failure to formulate and promulgate the plan to solve problems and emergency response at workplace;

d) Failure 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) Failure to inspect occupational accident under its management in accordance with law provisions; failure to report or report untruthfully about occupational accident or technical incident causing serious occupational safety and hygiene failure;

e) Failure to ensure adequate bathrooms and toilets at workplaces as prescribed by law;

g) Failure to equip technical and medical means to ensure timely rescue and first aid upon the occurrence of technical incidents causing serious occupational safety and hygiene failure or occupational accidents.

Article 21. Violations against the regulations on prevention of occupational accidents and occupational diseases

1. The worker shall be liable to a fine from VND 500,000 to VND 1,000,000 upon committing one of the following acts:

a) Failure to use personal protective equipment as provided;

b) Failure to participate in providing emergency treatment and relieve consequences of the occupational accident on the request of an employer or a competent State agency;

2. An employer that fails to organize the regular health check-ups and occupational examinations for workers shall be imposed a fine of from VND 1,000,000 to VND 3,000,000 up on each worker, but not exceeding VND 75,000,000,000; except for the cases that the employer has provided the regular health check-ups and occupational examinations but the workers don’t want to examine.

3. An employer failing to organize the health check-up before arranging the worker to another job or work which is heavier and more hazardous, dangerous than the previous one or after the worker recovered from a occupational accident or occupational disease and continues to return to work shall be imposed a fine of from VND 5,000,000 to VND 10,000,000 upon each worker, but not exceeding VND 75,000,000, except for the case that the worker has been determined the working ability loss by the Medical Assessment Council.

4. An employer that commits any of the following violations shall be imposed a fine of from VND 10,000,000 to VND 15,000,000 upon each worker, but not exceeding VND 75,000,000:

a) Failure to treat, give medical and rehabilitate for workers suffering from occupational diseases or occupational accidents;

b) Failure to assign appropriate works for employees having occupational diseases or occupational accidents according to the conclusion of the Medical Examination Council.

5. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Failure to provide information about occupational accidents, occupational diseases, dangerous and harmful factors, and measures for ensuring occupational safety and hygiene at the workplace for workers;

b) Failure to identify and assess the dangerous and harmful factors at the workplace.

6. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed up on any employer that fails to make a plan and deploy, summarize and evaluate the risks of occupational safety and hygiene for business and trading facilities with high risks of occupational accidents and occupational disease.

7. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed upon any employer that commits any of the following violations:

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

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

c) Failure to organize to respond to incidents or emergencies when detecting risks or when occurring occupational accidents and technical incidents causing occupational safety and hygiene failure at the workplace that beyond the control of the employer.

8. The fines below shall be imposed upon any employer who commits any of the following violations: Failure to provide or failure to provide sufficient personal protective equipment or such provision does not meet the quality, specifications or has not been certified in accordance with national technical regulations or announced standards applicable to employees having jobs with dangerous and hazardous factors. Failure to implement the in-kind allowances or providing the in-kind allowances not strictly compliance with regulations; paying money instead of in-kind allowances for laborers working in dangerous or harmful conditions according to one of the following levels:

a) From VND 3,000,000 to VND 6,000,000 if the violation involves 01 - 10 workers;

b) From VND 6,000,000 to VND 10,000,000 if the violation involves 11 - 50 workers;

c) From VND 10,000,000 to VND 15,000,000 if the violation involves 51 - 100 workers;

d) From VND 15,000,000 to VND 20,000,000 if the violation involves 101 - 300 workers;

dd) From VND 20,000,000 to VND 30,000,000, if the violation involves 301 workers or more.

9. A fine of from VND 25,000,000 to VND 40,000,000 shall be imposed upon any employer that commits violations against the national technical regulations on occupational safety and hygiene (except for the violations as prescribed in Clause 7 of this Article and Clause 1, Article 23 of this Decree).

10. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed upon any employer that enforces the employees to work or not leave the workplace when there is a risk of occupational accidents that seriously affect their health and lives or enforces the employees to continue working when such risks have not been remedied.

11. Remedial measures

An employer that fails to compensate the in-kind allowances or compensating the in-kind allowances not strictly compliance with regulations for the employees working in the dangerous and harmful conditions as prescribed in Clause 8 of this Article shall be compelled to pay the allowances in kind to the worker according to the prescribed amount.

Article 22. Violations against the regulations on responsibilities of an employer when there is occupational accident and occupational disease

1. An employer that commits any of the following violations shall be imposed a fine of from VND 1,000,000 to VND 3,000,000 upon each worker, but not exceeding VND 75,000,000:

a) Failure to promptly provide the first aid and emergency treatment for a worker who has occupational accident and occupational disease;

b) Failure 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) Failure to pay advance payment of first aid and emergency treatment costs and pay all medical expenses from first aid and emergency treatment to stable treatment for workers suffering from occupational accidents and diseases and not participating in health insurance;

d) Failure to pay expenses for taking a  medical assessment to determine the worker's level of working ability loss for the cases that the employer send the worker to the Medical Assessment Council to determine his/her level of working ability loss and the worker is concluded to lose less than 5% of his/her working ability;

dd) Failure to provide or improperly provide benefits and compensation for the workers that suffer from occupational accidents and occupational diseases as prescribed.

2. The fines below shall be imposed upon any employer who commits any of the following violations: Discriminating on the grounds that an employee refuses to work or leaves his/her workplace when he/she clearly sees a risk of an occupational accident seriously threatening his/her life or health; discriminating because of performing work and tasks to ensure occupational safety and hygiene at the premises of the employees who are in charge of occupational safety and hygiene and medical staff in one of the following levels:

a) From VND 5,000,000 to VND 10,000,000 if the violation involves 01 - 10 workers;

b) From VND 10,000,000 to VND 20,000,000 if the violation involves 11 - 50 workers;

c) From VND 20,000,000 to VND 30,000,000 if the violation involves 51 - 100 workers;

d) From VND 30,000,000 to VND 40,000,000 if the violation involves 101 - 300 workers;

dd) From VND 40,000,000 to VND 50,000,000, if the violation involves 301 workers or more.

3. Remedial measures

a) An employer that commits violations as prescribed in Point b, Clause 1 of this Article shall be compelled to pay the co-payments and other expenses not on the list covered by health insurance for workers suffering from occupational accidents and diseases, participating in health insurance;

b) An employer that commits violations as prescribed in Point c, Clause 1 of this Article shall be compelled to pay all medical expenses from first aid and emergency treatment to stable treatment for workers who are suffering from occupational accidents and diseases and not participating in health insurance.

c) An employer that commits violations as prescribed in Point d, Clause 1 of this Article shall be compelled to pay expenses for taking a medical assessment to determine an employee's level of working ability loss for the cases that the employer send the employee to the Medical Assessment Council to determine his/her level of working ability loss and the worker is concluded to lose less than 5% of his/her working ability;

d) Compelling to return the allowances, compensation to workers attached with an interest on such amount of money at the highest rate of demand deposit announced by state-owned commercial banks at the time of penalty imposition if the violation specified in Point dd, Clause 1 of this Article is committed.

Article 23. Violations against the regulations on use of machinery, equipment subject to strict occupational safety and hygiene requirements

Fines imposed upon organizations and individuals who violate regulations on using machinery, equipment, and materials subject to strict occupational safety requirements as follows:

1. From VND 1,000,000 to VND 2,000,000 for failing to report the Department of Labor, War Invalids and Social Affairs in locality within 30 days before or after using machinery, equipment and materials subject to strict occupational safety requirements.

2. From VND 5,000,000 to VND 10,000,000 shall be imposed for failing to store adequate technical dossiers of machinery, equipment, materials subject to strict occupational safety requirements.

3. From VND 15,000,000 to VND 20,000,000 for the violations against regulations of the occupational safety and hygiene national technical regulations on using machinery, equipment and materials subject to strict occupational safety requirements; using machinery, equipment and materials subject to strict occupational safety requirements not yet certified according to the corresponding national technical regulations; using machinery, equipment and materials subject to strict occupational safety and hygiene requirements not having clear origin or expired.

4. From twice or three time of the total expenses for appraisal of the violating machinery, equipment and materials (calculated according to the minimum price provided by the competent authority), but not less than VND 20,000,000 and not exceeding VND 75,000,000 for failing to inspect before using or failing to regularly inspect the machinery, equipment and materials subject to occupational safety requirements in the course of using.

5. A fine of from VND 50,000,000 to VND 75,000,000 shall be imposed for keeping on using machinery, equipment, materials subject to strict occupational safety requirements that fail the inspection.

Article 24. Violations against the regulations on training in occupational safety and hygiene

1. Fines imposed upon any employer who fails to provide training course in occupational safety and hygiene for employees in accordance with law provisions or reach agreement with coaching organizations to not provide training course but having training results on one of the following levels:

a) From VND 5,000,000 to VND 10,000,000 if the violation involves 01 - 10 workers;

b) From VND 10,000,000 to VND 20,000,000 if the violation involves 11 - 50 workers;

c) From VND 20,000,000 to VND 30,000,000 if the violation involves 51 - 100 workers;

d) From VND 30,000,000 to VND 40,000,000 if the violation involves 101 - 300 workers;

dd) A fine from 40,000,000 VND to 50,000,000 VND, if the violation concerns 301 workers or more.

2. Fines imposed upon organization providing training courses in occupational safety and hygiene that commits violations against regulations on the occupational safety and hygiene training according to one of the following levels:

a) From VND 1,000,000 to VND 3,000,000 for the acts of failing to report the occupational safety and hygiene training in accordance with law provisions; failing to report the competent authority when providing occupational safety and hygiene training courses according to the framework program for persons working in occupational safety and hygiene works (group 2), persons having jobs with strict occupational safety and hygiene requirements according to regulations of law;

b) A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts: Compulsory training according to the framework program prescribed by law but not enough content; employ 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 from VND 30,000,000 to 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 from VND 50,000,000 to VND 70,000,000 for providing training courses without Certificate of eligibility for training or providing training courses when the training organization is suspended from training in occupational safety and hygiene or its Certificate of eligibility for training in occupational safety and hygiene is revoked or expired or conducting training activities beyond the scopes specified in the Certificate of eligibility for training in occupational safety and hygiene; revising the contents of the Certificate of eligibility for training in occupational safety and hygiene but not seriously enough to be examined for penal liability.

3. Fines imposed upon any employer that organizes training of occupational safety and hygiene by itself when violating regulations on training in occupational safety and hygiene at one of the following levels:

a) From VND 1,000,000 to VND 3,000,000 for the acts of failing to report the occupational safety and hygiene training in accordance with law provisions; failing to report the competent authority when providing occupational safety and hygiene training courses according to the framework program for persons working in occupational safety and hygiene works (group 2), persons having jobs with strict occupational safety and hygiene requirements according to regulations of law;

b) A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts: Compulsory training according to the framework program prescribed by law but not enough content; employ 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 from VND 15,000,000 to VND 25,000,000 shall be imposed for one of the following acts: Providing training results without training activities; providing training results not compliance with the training contents;

d) A fine of from VND 25,000,000 to VND 35,000,000 for providing training courses that require a Certificate of eligibility for training in occupational safety and hygiene without Certificate of eligibility for training in occupational safety and hygiene or providing training courses when the training organization is suspended from training in occupational safety and hygiene or its Certificate of eligibility for training in occupational safety and hygiene is revoked or expired or conducting training activities beyond the scopes specified in the Certificate of eligibility for training in occupational safety and hygiene or beyond the announced scopes of eligibility for training in occupational safety and hygiene; revising the contents of the Certificate of eligibility for training in occupational safety and hygiene but not seriously enough to be examined for penal liability.

4. Additional sanctioning form

a) Any organization training in occupational safety and hygiene that commits violations as prescribed in Points c and d, Clause 2 of this Article and employer organizing occupational safety and hygiene training courses by himself/herself that commits violations as prescribed in Points c and d, Clause 3 of this Article shall be suspended from training activities for 01 month to 03 months;

b) Additional sanctioning form of revocation of the Certificate of eligibility for training in occupational safety and hygiene shall be imposed upon the acts of revising the contents of the Certificate of eligibility for training in occupational safety and hygiene as prescribed in Point d, Clause 1 and Point d, Clause 3 of this Article.

5. Remedial measures

a) Compelling to return the training expenses attached with interests of such money at the highest rate of demand deposit announced by state-owned commercial banks at the time of penalty imposition to business and trading facilities hiring the service of training of occupational safety and hygiene, if the violation mentioned in Points b, c and d, Clause 2 of this Article is committed;

d) Compelling to cancel the provided training results, if the violation mentioned in Points b, c and d, Clause 2 and Points b, c and d, Clause 3 of this Article is committed.

Article 25. Violations on regulations of operation occupational safety technical testing

1. The organization providers of occupational safety inspection services that violates regulations on inspection of occupational safety techniques shall be liable to a fine. In particular:

a) A fine from VND 1,000,000 to VND 3,000,000 for failing to report the inspection of occupational safety techniques as prescribed;

b) A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations: fail to report to the licensing agency which have the authority to grant the Certificate of eligibility for inspection when having change of the headquarter or branch’s address.

c) A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for one of the following violations: To provide service of occupational safety technical testing beyond the scope state on the Certificate of eligibility for operation of testing service; fail to comply with the testing procedure; employ inspector who is provoked the right to use or recall the inspector’s certificate or the inspector’s certificate expired; employ the person who has not yet obtain the inspector’s certificate to carry out the inspection operation; employ inspector without the labor contract or by-work contract; fail to maintain the regulations on inspection operation conditions as regulated in the Certificate of eligibility for inspection; fail to ensure the independence and objection on providing inspection service;

d) A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following violations: To providing false inspection results; providing inspection results without actually carrying out the inspection;

dd) A fine from VND 130,000,000 to VND 150,000,000 shall be imposed for one of the following violations: Carry out the inspection when the Certificate of eligibility for inspection expired or on the duration of suspension of operation, or being recalled or provoked the right to use the Certificate of eligibility for inspection; illegally amend the content of the Certificate of eligibility for inspection but not severe to the extent of being liable to a criminal prosecution.

2. The inspector shall be liable to a fine from VND 10,000,000 to VND 20,000,000 upon committing one of the following violations:

a) Failing to follow the inspection procedure promulgated by competent authorities;

b) Implement inspection operation for occupational safety technical testing organization which has not obtained the Certificate of eligibility for inspection.

3. The inspector shall be liable to a fine from VND 20,000,000 to VND 30,000,000 upon committing one of the following violations: Having the inspection’s certificate expired; implement inspection operation beyond the scope of the inspection’s certificate; having the inspection’s certificate recovered.

4. Individual shall liable to a fine from VND 20,000,000 to VND 30,000,000 upon committing implement inspection without inspection’s certificate.

5. Individual shall liable to a fine from VND 50,000,000 to VND 75,000,000 upon operating implement inspection without the Certificate of eligibility for inspection.

6. Inspector shall liable to a fine from VND 50,000,000 to VND 75,000,000 if illegally amend the inspector’s certificate but not severe to the extent of being liable to a criminal prosecution.

7. Additional penalties:

a) Suspending the operation for 01 month to 03 months, applicable to the providers of occupational safety inspection that commit the violations in Point d Clause 1 of this Article;

b) To provoke the Certificate of eligibility for operation of occupational safety technical testing upon committing the violation of amending content of the granted Certificate of eligibility for inspection as prescribed in point dd Clause 1 this Article.

a) Entities committing the violations in Clause 6 of this Article shall be confiscated the inspection’s certificate.

d) Inspector operated the inspection operation beyond the scope of the inspection’s certificate shall be deprived the right to use the inspection’s certificate for 01 month to 03 months as prescribed in Clause 3 this Article.

8. Remedial measures:

Forcible cancellation of inspection results and reimbursement of testing expenses plus the interest of that money which shall be calculated according to the highest interest rate on non-term deposits of state-owned commercial banks announced at the time of sanction for violations prescribed in point c, d, dd this Article, except for case of illegally amend content of the granted Certificate of eligibility for inspection but not severe to the extent of being liable to a criminal prosecution.

Article 26. Violation of regulations on observation labor environment

1. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed upon environment observation institution that commits any of the following violations: Not to make annual reports on operation results to competent state management agencies according to regulations; not to notify competent state agencies when there is a change in the address of the head office or branch; not to participate in training courses to update knowledge about legal policies, science and technology on labor environment monitoring as prescribed.

2. Employers shall liable to a fine from VND 50,000,000 to VND 75,000,000 in case of failing to disclose publicly to employees at places where working environment is observed and places where inspection, assessment and management of hazardous factors are conducted immediately after having results of working environment observation and results of inspection, assessment and management of hazardous factors at the workplace.

3. Employers shall liable to a fine from VND 20,000,000 to VND 40,000,000 in case of failing to conduct working environment observation to control harms to employees' health in accordance with law provisions.

4. Employers shall liable to a fine from VND 40,000,000 to VND 60,000,000 in case of having violations of coordinating with labor environment monitoring organizations to cheat in labor environment observation activities but not severe to the extent of being liable to a criminal prosecution.

5. Enterprises and organizations providing labor environment observation services shall be liable to a fine from VND 50,000,000 to VND 75,000,000 without being announced the eligibility for working environment observation as prescribed by law.

6. The organizations providing labor environment observation services shall be liable to a fine from VND 80,000,000 to VND 120,000,000 upon committing one of the following violations: coordinate with employers in cheating in labor environment monitoring activities but not severe to the extent of being liable to a criminal prosecution; conducting labor environment monitoring not in accordance with the process prescribed by law.

7. The organizations providing labor environment observation services shall be liable to a fine from VND 120,000,000 to VND 140,000,000 upon committing violations of providing environmental observation results without conducting environmental monitoring according to regulations.

8. Additional penalties:

To suspend the working environment observation activities of the working environment observation organization from 03 months to 06 months when violating the provisions of Clauses 5, 6 and 7 of this Article.

Article 27. Violations against regulations on female workers

1. The employer shall be liable to a fine from VND 500,000 to VND 1,000,000 upon committing one of the following violations:

a) Failing to consult female workers when deciding the issues related to their rights and interests;

b) Not allowing female workers to rest 30 minutes daily during their monthly periods.

2. The employer shall be liable to a fine from VND 10,000,000 to VND 20,000,000 upon committing one of the following violations:

a) Employing female workers to work overtime, work at night or go on business trips in one of the following cases: The employee is in her seventh month of pregnancy, or in her sixth month of pregnancy in case of working in a mountainous, remote, distant, border or island area; is raising children under 12 months of age;

b) Failing to reassign or reduce the working hours of the female workers that are 07 months pregnant or more and doing arduous works, according to Clause 2 Article 155 of the Labor Code;

c) Not allowing female workers having children under 12 months of age to take a rest of 60 minutes daily;

d) Failing to re-employ female workers to do the same jobs after the maternity leave according to Clause 1 and Clause 3 Article 157 of the Labor Code unless the old job is no longer available;

dd) Taking disciplinary actions against female workers that are pregnant or on maternity leave according to legislation on social insurance and raising children under 12 months of age;

e) Laying off or unilaterally terminate labor contracts with female workers for the reason of marriage, pregnancy, maternity leave, raising children aged under 12 months, unless the employer that is a natural person dies, was declared incapacitated for civil acts, missing or dead by the Court, or the employer other than a natural person shuts down but not severe to the extent of being liable to a criminal prosecution;

g) Employing females to do the jobs that must not be done by females according to Article 160 of the Labor Code.

3. Remedial measures:

a) Compelling to refund of overtime pay to the workers in case of violations prescribed in point b Clause 1 and Point c Clause 2 of this Article;

b) Compelling to reemploy workers back to work in case of violations prescribed in point e Clause 2 of this Article.

Article 28. Violations against regulations on underage workers

1. The employer shall be liable to a fine from VND 1,000,000 to VND 2,000,000 if failing to set up a separate logbook or creating a separate logbook but failing to write full contents as prescribed in Clause 2 Article 162 of the Labor Code when employing minor employees or failing to produce monitoring books at the request of competent state agencies.

2. The employer shall be liable to a fine from VND 10,000,000 to VND 15,000,000 upon committing one of the following violations:

a) Employing a person who is from full 13 years old to under 15 years old without signing a written labor contract with the legal representative or without the consent of person from full 13 years old to under 15 years old;

b) Requiring underage workers to longer than the working hours prescribed in Clause 2 Article 163 of the Labor Code;

c) Employing people under 15 years of age to work overtime or work at night;

d) Requiring people aged from 15 years 18 years to work overtime or on night shift, except for the jobs and works permitted by law.

3. The employer shall be liable to a fine from VND 50,000,000 to VND 75,000,000 upon committing one of the following violations:

a) Employing minors to do heavy, hazardous or dangerous jobs or workplaces, jobs, adversely affecting their personalities as prescribed in the List promulgated by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health or employing minors to do jobs or work at places banned from use minor employees as prescribed in Article 165 of the Labor Code but not severe to the extent of being liable to a criminal prosecution;

b) Employing people under 15 years of age to do other works than those permitted by law according to Clause 1 and Clause 3 Article 164 of the Labor Code.

b) Employing people under 13 years of age to do other works than those permitted by law according to Clause 3 Article 164 of the Labor Code.

Article 29. Violations against regulations on domestic worker

1. The employer shall be given a warning upon committing one of the following violations:

a) Failing to sign written labor contracts with domestic servants;

b) Failing to pay for the travel fees of domestic servants that are laid off and come back to their hometown, unless they terminate the labor contract ahead of time.

2. The employer shall be liable to a fine from VND 10,000,000 to violations VD 15,000,000 upon committing one of the following violations:

a) Keeping the originals of domestic servants' personal papers;

b) Failing to pay the domestic worker the amount of social insurance and health insurance premiums as prescribed by law so that employees can take care of insurance by themselves.

3. Remedial measures:

a) Compelling the employers to enter into written labor contracts with domestic worker in case of violations prescribed in Point a, Clause 1 of this Article;

b) Compelling to pay for the travel fees of the domestic worker in case of violations prescribed in point b Clause 1 of this Article;

c) Compelling the employer to return the ID papers to the domestic servants in case of violations prescribed in point a Clause 2 of this Article;

d) Compelling the employer to pay the social insurance and health insurance in case of violations prescribed in point b Clause 2 of this Article.

Article 30. Violations against regulations on elderly workers

The employers shall be liable to a fine from VND 10,000,000 to VND 15,000,000 when requiring to do arduous, harmful, and dangerous works that have negatively affect to elderly workers’ health as prescribed by law.

Article 31. Violations against regulations on foreigners working in Vietnam

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Failure to report or reporting incorrectly and/or improperly on the employment of foreign workers at the request of state management labor authority;

b) Failing to send a copy of the signed labor contract to the work permit issuing body in case the foreign worker works under the labor contract.

2. A fine from VND 5,000,000 to VND 10,000,000 per worker shall be imposed but the fine amount shall not exceed 75,000,000, in case the employer commits acts of using foreign workers inconsistently with the contents stated in the work permit or written confirmation certifying that the employee is exempt from work permit.

3. The foreigner worker in Vietnam shall be liable to a fine from VND 15,000,000 to VND 25,000,000 upon committing one of the following violations:

a) Working without a work permit or without written confirmation certifying that the employee is exempted from work permit as prescribed by law;

b) Using a work permit or written confirmation certifying that the employee is exempted from work permit that expired.

4. Employers who employ foreign workers in Vietnam without work permits or written confirmation certifying that the employee is exempted from work permit, or employ foreign workers using expired work permits or written confirmation certifying that the employee is exempted from work permit shall be fined in of the following levels:

a) A fine from VND 30,000,000 to VND 45,000,000 shall be imposed in case of the violation involves 01 to 10 workers;

b) A fine from VND 45,000,000 to VND 60,000,000 shall be imposed in case of the violation involves 11 to 20 workers;

c) From VND 60,000,000 to VND 75,000,000 if the violation involves more than 20 workers.

5. Additional penalties:

To deport foreign workers working in Vietnam without work permits or written confirmation certifying that the employee is exempted from work permit in case of violations as prescribed in Clause 3 this Article.

Article 32. Violations against regulations on hiring Vietnamese workers to work for foreign organizations and individuals in Vietnam

1.  A fine from VND 1,000,000 to VND 3,000,000 shall be imposed for employing Vietnamese workers without reporting the employment of Vietnamese workers to an organization competent to hire and manage Vietnamese workers on recruitment and employment as prescribed by law.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for foreign organization and individual employing Vietnamese workers without sending a written notification enclosed with concluded employment contracts to an organization competent to hire and manage Vietnamese workers working for foreign organizations and individuals in Vietnam as prescribed by law.

Article 33. Violations against regulations on settling labor dispute

1. The worker shall be given a warning when taking part in the strike after the President of the People’s Committee of the province or central-affiliated city has made a decision on suspending or stopping it.

2. The worker shall be liable to a fine from VND 1,000,000 to VND 2,000,000 upon committing one of the following violations:

a) Infringing the right to strike, inciting, or forcing other workers to go on strike;

b) Obstructing the workers that do not take part in the strike from going to work;

3. The employer shall be liable to a fine from VND 5,000,000 to VND 10,000,000 upon committing one of the following violations:

a) Terminating labor contracts or taking disciplinary actions against the striking workers or the strike leader, reassigning the striking workers or the strike leader to other places as they are preparing for or take part in the strike;

b) Oppressing, retaliating the strike leader or those take part in the strike or;

c) Temporarily closing the workplace according to Article 217 of the Labor Code.

4. Remedial measures:

Compelling the employer to pay the workers for the period the workplace is temporarily closed, applicable to the violations in point c Clause 3 of this Article.

Article 34. Violations against regulations on protection of trade union rights

1. The employer shall be liable to a fine from VND 500,000 to VND 1,000,000 upon committing one of the following violations:

a) Failure to provide a working area and necessary equipment for union representatives;

b) Failure to allow part-time union representatives to do trade union works during working hours;

c) Failure to allow superior union representatives to do trade union works in the organization/enterprise;

d) Failure to provide information, cooperate, enable the trade union to perform its rights and obligations to represent and protect lawful rights and interests of workers.

2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for employer refusing to reach a written agreement with the executive board of internal trade union or superior trade union when unilaterally terminating employment contracts, reassigning workers against employment contracts, or laying off workers being part-time union representatives but not severe to the extent of being liable to a criminal prosecution.

3. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for taking advantage of trade union rights to commit violations of law, infringe state interests, the lawful rights and interests of organizations, enterprises, individuals.

4. Remedial measures:

The entity that commits any of the violations mentioned in point a and point b Clause 1 of this Article shall be compelled to facilitate the operation of trade union and provide time for trade union works;

Article 35. Violations against regulations on discrimination against people who establish, join the trade union, or do trade

1. The employer shall be liable to a fine from VND 3,000,000 to VND 5,000,000 upon committing one of the following violations:

a) Discriminatory treatment in terms of wages, working time, other rights and obligations in the labor relation in order to prevent workers from establishing, joining the trade union, or from doing trade union activities;

b) Failure to renew employment contracts with part-time union representatives whose employment contracts expire during their trade union tenure;

c) Illegally disciplining or terminating employment contracts with workers because they establish, join the trade union, or do trade union activities;

d) Harassing, abusing, obstructing union representatives, or rejecting professional promotion of union representatives;

dd) Providing false information to defame union representatives.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Imposing regulations that restrict the workers’ right to become union representatives;

b) Influencing, obstructing the election/selection of union representatives;

c) Forcing workers to establish, join the trade union, or do trade union activities.

3. Remedial measures:

a) The employer that commits the violation mentioned in Point b Clause 1 of this Article shall be compelled to renew employment contracts with the part-time union representatives;

b) The employer that commits the violation mentioned in Point c Clause 1 of this Article shall be compelled to reemploy the workers, and pay sufficient wages, social insurance, and health insurance for the suspension period;

c) The employer that commits the violation mentioned in Point dd Clause 1 of this Article shall be compelled to rectify information.

Article 36. Violations against regulations on implementation of financial measures or other measures that are disadvantages to the organization and operation of the trade union

1. The employer shall be liable to a fine from VND 5,000,000 to VND 10,000,000 upon committing one of the following violations:

a) Failure to pay wages to workers who do part-time trade union activities;

b) Failure to provide the same interests and benefits for workers who do full-time trade union activities as other workers in the same organization;

c) Take financial measures or other detrimental measures to prevent workers from joining the trade union or doing trade union activities.

2. Remedial measures:

a) The employer that commits the violation mentioned in Point a Clause 1 of this Article shall be compelled to pay wages to the workers who do part-time trade union activities;

b) The employer that commits the violation mentioned in Point b Clause 1 of this Article shall be compelled to provide the same interests and benefits for workers who do full-time trade union activities as other workers in the same organization.

Article 37. Violations against regulations on payment of trade union fees

1. A fine from 12% to under 15% of total trade union fee but shall not exceed VND 75,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Paying trade union fees behind schedule;

b) Not to pay sufficient trade union fees;

c) Not to collect sufficient trade union fees.

2. A fine from 18% to 20% of total trade union fee but shall not exceed VND 75,000,000 shall be imposed upon any employer that fails to pay trade union fees for workers who have to pay trade union fees.

3. Remedial measures:

Within 30 days from the issuance date of the decision of imposing sanction, the employer that commits any of the violations mentioned in Clause 1 and Clause 2 of this Article shall pay the remaining trade union fee to the trade union organization plus an interest which is calculated at the highest rate of demand deposit of announced by state-owned commercial banks at the time of penalty imposition;

 

Chapter III

VIOLATIONS, SANCTIONS, FINE LEVELS, AND REMEDIAL MEASURES APPLICABLE TO VIOLATIONS AGAINST REGULATIONS ON SOCIAL INSURANCE

Article 38. Violations against regulations on compulsory social insurance and unemployment insurance

1. A fine from VND 500,000 to VND 1,000,000 shall be imposed upon any worker who colludes with the employer to avoid paying compulsory social insurance, unemployment insurance, paying the inappropriate subject or to avoid paying sufficiently.

2. The employer shall be liable to a fine from VND 500,000 to VND 1,000,000 upon committing one of the following violations:

a) Not to post up information on employees' payment of social insurance premiums provided by social insurance agencies annually as prescribed in Clause 7 Article of the Law on Social Insurance;

b) Not to carry out the certification procedure on paying unemployment insurance premiums for employees so that employees can complete dossiers of unemployment insurance benefits according to regulations;

c) Not to provide or provide insufficient information contribution compulsory social insurance and unemployment insurance of workers at the request of workers or the trade union;

3. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for employers commit acts of failing to provide accurate, complete and timely information and documents related to compulsory social insurance and unemployment insurance premiums and unemployment insurance at the request of state agencies, insurance agencies.

4. The employer shall be liable to a fine of 12% - 15% but shall not exceed VND 75,000,000 of the compulsory social insurance and unemployment insurance premium at the time the administrative violation is recorded upon committing one of the following violations:

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

b) Paying insufficient social insurance and unemployment insurance premiums but not on purpose of evasion;

c) Failing to buy compulsory social insurance and unemployment insurance for all the people that must have social insurance and unemployment insurance but not on purpose of evasion.

5. The employer shall be liable to a fine of 18% - 20% of the compulsory social insurance and unemployment insurance premium at the time the administrative violation is recorded (not exceed 75,000,000 VND) when failing to buy compulsory social insurance and unemployment insurance for all the workers that must have social insurance and unemployment insurance but not severe to the extent of being liable to a criminal prosecution.

6. Inspector shall liable to a fine from VND 50,000,000 to VND 75,000,000 shall be imposed to the employer having the act of evasion to pay compulsory social insurance and unemployment insurance but not severe to the extent of being liable to a criminal prosecution.

7. Remedial measures:

a) Compelling to retrospective payment of compulsory social insurance and unemployment insurance premiums in case of violations prescribed in Clause 4, 5 and 6 of this Article;

b) Forced to pay the interests equal to 2 times the average interest rate on investment of social insurance funds of the previous year calculated on the amount of money, time of late payment, non-payment or evasion; otherwise, at the request of competent persons, banks, other credit institutions and state treasuries shall deduct from employers' deposit accounts to pay the unpaid or late payment and interests of this amount shall be calculated based on the highest interest rate on non-term deposits of state-owned commercial banks announced at the time of sanction and shall be delivered to the account of the insurance authority in case of violations prescribed in Clause 4, 5 and 6 of this Article from more than 30 days.

Article 39. Violations against regulations on applying for social insurance payout, unemployment insurance payout

1. The worker shall be liable to a fine from VND 1,000,000 to VND 2,000,000 upon committing one of the following violations:

a) To provide untruthful declarations or amend, erase or falsify contents related to social insurance and unemployment insurance benefits but not severe to the extent of being liable to a criminal prosecution;

b) Not to notify the employment agency when the worker finds a job within 15 working days from the day on which the application for unemployment benefit is submitted;

c) The worker who is receiving unemployment benefit that fails to notify the employment agency in one of the following cases: Having a job; fulfilling of military service, police service; being subjected for monthly pension; studying for a term of full 12 months or more.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for employers who forging, amending application of social insurance, unemployment insurance payout for self-seeking purposes from the application for social insurance/unemployment insurance payout which is forged, amended but not severe to the extent of being liable to a criminal prosecution, the fine is imposed for each application.

3. Remedial measures:

a) The entity that commits the violations mentioned in Clause 1 and Clause 2 of this Article shall be compelled to return the social insurance money or unemployment benefit to the social insurance agency;

Article 40. Violations against other regulations on social insurance and unemployment insurance

1. A fine from VND 1,000,000 to VND 2,000,000 per employee shall be imposed for employers who fail to pay the labor accident and occupational disease insurance for the employee within 10 days from the day that the insurance agency pays the insurance, the fine shall not exceed VND 75,000,000.

2. A fine from 18% to 20% of the total amount of employees' compulsory social insurance premiums that the employer has occupied at the time of making the record of administrative violation for the employer occupation of the employee's compulsory social insurance benefit, the fine shall not exceed VND 75,000,000.

3. A fine from VND 2,000,000 to VND 4,000,000 shall be imposed upon any employer that fails to notify the local employment agency where the employer’s headquarter located on employment fluctuation at the employer’s organization as prescribed by law.

4. The employer shall be liable to a fine from VND 2,000,000 to VND 4,000,000 but shall not exceed VND 75,000,000 for every worker affected by one of the following violations committed by the employer:

a) Not to make the application for compulsory social insurance, unemployment insurance within 30 days from the day on which the labor contract, work contract or recruitment contract is signed;

b) Not to compile dossiers or written requests in time as prescribed in Clause 2 Article 102, Clause 1 Article 103, Clause 1 Article 110, Clause 2 Article 112 of the Law on Insurance;

c) Not to introduce employees who is subject as prescribed in Article 47 of the Law on Occupational Safety and Health and Article 55 of the Law on Insurance to be examined and evaluated for working capacity decrease at Medical Evaluation Council;

d) Not to return the social insurance book to the employee as prescribed in Clause 5 Article 21 of the Law on Social Insurance.

5. A fine from VND 2,000,000 to VND 4,000,000 shall be imposed upon vocational training institution that commits any of the following violations:

a) Providing vocational training courses with insufficient duration for workers who have unemployment insurance, the fine multiplied by the number of workers involved shall not exceed VND 150,000,000.

b) Colluding with another organization or individual to profiteering of the subsidy for vocational training multiplied by the number of workers involved multiplied by the number of workers involved but not severe to the extent of being liable to a criminal prosecution.

6. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed upon any employer that provides training courses, refresher courses, improvement courses for workers but not comply with the plan of training courses, refresher courses, improvement courses approved by a competent authority.

7. Remedial measures:

a) Compelled to pay the salary premium for the employee in case of violations prescribed in Clause 1 of this Article;

b) The vocational training institution that commits the violation mentioned in Point a Clause 5 of this Article shall be compelled to provide training courses with sufficient duration for workers having unemployment insurance upon requirement of the workers;

c) The vocational training institution that commits the violation mentioned in Point b Clause 5 of this Article shall be compelled to transfer the illegal profit to state budget;

d) Forced to repayment to employees for the employees' compulsory social insurance premiums and with the interests calculated according to the highest interest rate on demand deposits of state-owned commercial banks announced at the time of sanction in case of violations prescribed in Clause 2 this Article.

 

Chapter IX

VIOLATIONS, PENALTIES, FINE LEVELS AND REMEDIAL MEASURES APPLICABLE TO VIOLATIONS AGAINST REGULATIONS ON OVERSEAS MANPOWER SUPPLY

Article 41. Violations on criteria of enterprise provide the service of taking employee to work abroad (hereinafter refer to as service enterprise)

1. The service enterprise shall be liable to a fine from 5,000,000 VND to 10,000,000 VND upon committing one of the following violations:

a) Not to announce the License for taking employee to work abroad in accordance with law provisions;

b) Not to post the assignments of the enterprise for branches and copies of the License for taking employee to work abroad of the enterprise at the branches’ office;

c) Not to report the replacement of the person in charge of operating the action of taking Vietnamese employee to work abroad in accordance with law provisions.

2. The service enterprise shall be liable to a fine from VND 20,000,000 to VND 40,000,000 upon committing one of the following violations:

a) Not to announce the assignments for branches to operate the service of taking Vietnamese worker to work abroad as prescribed by law;

b) Appointing a person without a bachelor’s degree or higher to take charge of operating the service of taking Vietnamese worker to work abroad;

c) Appointing a person without a 03 years working experience to take charge of operating the service of taking Vietnamese worker to work abroad or operating in international cooperate and relationship.

3. The service enterprise shall be liable to a fine from VND 50,000,000 to VND 70,000,000upon committing one of the following violations:

a) Not to implement the plan for structural organization for operate the service of taking Vietnamese worker to work abroad within 30 days from the day on which the License for providing service of taking Vietnamese worker to work abroad is issued.

b) Failing to implement the plan for provision of training in necessary knowledge for Vietnamese workers before going to work abroad from the day on which the License for providing service of taking Vietnamese worker to work abroad is issued.

4. The service enterprise shall be liable to a fine from VND 150,000,000 to VND 180,000,000 upon committing one of the following violations:

a) Giving assignments to more than 03 branches in various central-affiliated cities and provinces;

b) Not to assign to branches in accordance with law provisions;

c) The branches of the service enterprise operate beyond the assignment scope on taking Vietnamese worker to work abroad or not to operate in accordance with law provisions;

) to take Vietnamese worker to work abroad during the time of temporary suspension, suspension on providing labor supply contract, suspension, suspend operation for a definite time or after receiving the notice of not being permitted to change the License of providing service to take workers to work abroad.

5. The service enterprise shall be liable to a fine from VND 180,000,000 to VND 200,000,000upon committing one of the following violations:

a) Using the License of providing service to take workers to work abroad of another enterprise to send Vietnamese workers abroad;

b) Lending the License of providing service to take workers to work abroad to another organization or individual to send Vietnamese workers abroad;

c) Delegate the administration of taking workers to work abroad to a person that administered another enterprise that had its License of providing service to take workers to work abroad revoked, or to a person that is given a warning or incurs or higher for violations of the law on taking workers to work abroad.

6. Additional penalties:

a) Suspending the operation of taking workers to work abroad for 01 month to 03 months, in case of violations prescribed in point a, b and c Clause 4 of this Article;

b) Suspending the operation of taking workers to work abroad for 04 - 06 months, in case of violations prescribed in point b, c Clause 2, point d Clause 4, point b, c Clause 5 of this Article;

7. Remedial measures:

Return the money remitted by workers plus an interest of this amount money calculated at the highest rate of demand deposit of announced by state-owned commercial banks at the time of penalty imposition in case of violations prescribed in Point d Clause 4 of this Article.”

Article 42. Violations against regulations on registering contracts and reporting on taking workers to work abroad

1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for the action of not to make the periodic or irregular report or report dishonestly on operation of taking Vietnamese workers to work abroad in accordance with law provisions.

2. A fine shall be imposed when the number of Vietnamese workers being sent abroad exceeds the number registered in the Labor supply contracts, Internship acceptance contract approved by competent authorities, the fine level shall be specific as follow:

a) A fine from VND 20,000,000 to VND 40,000,000 shall be imposed, if the number of exceed worker is from 01 to 10;

b) A fine from VND 60,000,000 to VND 100,000,000 shall be imposed if the number of exceed worker is from 11 to 50.

b) A fine from VND 150,000,000 to VND 180,000,000 shall be imposed if the number of exceed worker is from 11 to 50.

3. b) A fine from VND 75,000,000 to VND 90,000,000 shall be imposed for the winning or selected contractors, organizations or individuals sending Vietnamese workers abroad without reporting or obtaining approval from competent state authority.

4. a) A fine from VND 150,000,000 to VND 180,000,000 shall imposed for the action of sending workers abroad without registering the Labor supply contracts, Internship working acceptance contracts, or the registration is not yet approved by competent state authorities;

5. Additional penalties:

Suspending the operation of taking workers to work abroad from 06 month to 12 months for service enterprise violates the regulations as prescribed in Clause 3 and 4 this Article.

Article 43. Violations against regulations on recruitment, signing and termination of contract

1. The service enterprise shall be liable to a fine from VND 20,000,000 to VND 40,000,000 upon committing one of the following violations:

a) Not to cooperate with local authority on publicly inform the workers the sufficient information on the recruitment quantity and criteria, terms and conditions of the contracts as prescribed by law when recruiting at the local;

b) Not to make a commitment on the duration before departure after the worker is recruited;

c) Not to directly selecting workers.

2. The fine from VND 50,000,000 to VND 80,000,000 shall be imposed to the enterprises provide the service of taking worker to work abroad upon committing one of the following violations:

a) Not to sign contracts with workers as prescribed;

b) Not to clearly define the expenses in the contracts signed with workers;

c) Not to terminate or improperly terminate the contract to of taking workers to work abroad;

d) The content of contracts to send workers abroad, labor contracts, and internship contracts are not consistent with the contracts to send workers abroad, labor contracts, and internship contracts registered;

dd) The contract of taking workers to work abroad between the winning or selected enterprise, abroad investment organization and the worker and/or the labor contract is not consistent with the report on taking Vietnamese workers to work abroad in accordance with law provisions.

3. Additional penalties:

Suspending the performance of contract for providing manpower for 01 month to 03 months in case of violations prescribed in Clause 2 of this Article.

Article 44. Violations on regulations on provision of training in professional skills, foreign languages, and necessary knowledge for workers

1. The employer shall be liable to a fine from VND 2,000,000 to VND 5,000,000 upon committing one of the following violations:

a) Not to register the form of certificate of training in necessary knowledge issued to Vietnamese workers for working aboard in accordance with law provisions;

b) Not to provide documents about necessary knowledge for workers in accordance with law provisions.

c) Not to compile sufficient documents about necessary knowledge for workers in accordance with law provisions.

2. The employer shall be liable to a fine from VND 20,000,000 to VND 40,000,000 upon committing one of the following violations:

a) Not to provide sufficient training in necessary knowledge for the workers before they are sent to works abroad;

b) Not to operate or inadequately operate testing and issuance of certificates for the workers that took the training course in necessary knowledge.

3. The service provider shall be liable to a fine from VND 80,000,000 to VND 100,000,000 upon committing one of the following violations:

a) Not to organize or cooperate with a vocational training institution to provide training in vocational skills and foreign languages for worker to working aboard as requested by the manpower supply contract.

b) Not to provide training in necessary knowledge for the workers before they are sent to works abroad in accordance with law provisions;

4. Additional penalties:

a) Suspending the manpower supply contract for 03 to 06 months in case of violations prescribed in Clause 3 of this Article;

b) Suspending the performance of the manpower supply contract for 06 month to 12 months in case of relapse the violation prescribed in Clause 3 of this Article.

5. Remedial measures:

Compelling the provision of training in professional skills, foreign languages, and necessary knowledge for the workers, or compelling to refund the training fees to the workers (if any) in case of violations prescribed in Clause 3 of this Article.

Article 45. Violations against the laws on collection, remittance, management and use of brokerage charges, deposits, services charges, and the money collected from workers; contribution to the Fund for Abroad Employment Supporting

1. The service enterprise shall be liable to a fine from VND 10,000,000 to VND 20,000,000 upon committing one of the following violations:

a) Not to provide instructions and complete the procedure supporting workers to get support from the Fund for Abroad Employment Supporting or not to transfer the supporting money to workers as prescribed;

b) Not to issue the certificate of joining the Fund for Abroad Employment Supporting for the worker in accordance with law provisions.

2. The service enterprise shall be liable to a fine from VND 20,000,000 to VND 40,000,000 upon committing one of the following violations:

a) Not to remit the sufficient amount of the workers in to the Fund for Abroad Employment Supporting as prescribed.

b) Not to make sufficient contribution to the Fund for Abroad Employment Supporting.

3. The service enterprise shall be liable to a fine from VND 80,000,000to VND 100,000,000 upon committing one of the following violations:

a) Collecting recruitment charges from workers;

b) Collecting, managing, using, and returning brokerage charges improperly;

c) Collecting service charges from workers improperly;

d) Not to refund or sufficiently refund the amount corresponding to the remaining duration of the contract of taking workers to work abroad to the worker when the worker, who has paid the charge for the entire contract duration, has to go home ahead of schedule without any mistake from the workers.

dd) Not to remit the contribution amount paid by workers to the Fund for Abroad Employment Supporting;

e) Not to make contribution to the Fund for Abroad Employment Supporting in accordance with law provisions.

4. The service enterprise shall be liable to a fine from VND 150,000,000 to VND 200,000,000 upon committing one of the following violations:

a) Not to refund the charges paid to the service provider by the workers when they are not sent to work abroad;

b) Improperly collecting, managing, using deposits paid by workers;

c) Not to sufficiently and punctually remit the deposits of services providers as prescribed.

) Not guarantee the sufficient amount of enterprise deposit at the bank in accordance with law provisions.

5. Additional penalties:

Suspending the operation of taking Vietnamese workers to work abroad as follow:

b) From 01 month to 03 months in case of violations prescribed in Clause 3, point c and d Clause 4 of this Article.

b) From 04 months to 06 months in case of violations prescribed in point b Clause 4 this Article.

c) From 06 months to 12 months in case of violations prescribed in Point a Clause 4 of this Article.

6. Remedial measures:

a) Compelling the sufficient payment to the Fund for Abroad Employment Supporting in case of violations prescribed in point a and b Clause 2, point dd and Point e Clause 3 of this Article;

b) Compelling to refund the sufficient amount to the workers in case of violations prescribed in point c and d Clause 3 and point a Clause 4 of this Article;

c) Compelling to pay the sufficient deposit in case of violations prescribed in point c and d and Clause 4 of this Article.

Article 46. Violations against regulations on operation of taking workers to work abroad and management of aboard workers.

1. Each of the following violations shall be imposed a fine from VND 20,000,000 to VND 40,000,000:

a) Not to submit the list of departing workers to the diplomatic mission of Vietnam or Vietnam’s consular office in accordance with law provisions;

b) Not to cooperate with the diplomatic mission or Vietnam’s consular office in the management and protection of legal rights and interests of workers during the period of working aboard.

2. Each of the following violations shall be imposed a fine from VND 50,000,000 to VND 80,000,000:

a) Not to manage and protect the legal rights and interests of the worker sent to working abroad by the enterprise in accordance with law provisions;

b) Not to promptly solve problems that arise on the workers’ death, occupational accident, illness, or when their life, health is threatened, their honor, dignity, asset is damaged; failing to resolve the disputes related to the workers.

3. Each of the following violations shall be imposed a fine from VND 80,000,000 to VND 100,000,000:

a) Taking advantage of the operation of taking Vietnamese workers to work abroad to charge workers for consultancy, recruitment, or training;

b) Taking advantage of the operation of taking Vietnamese workers to illegally send Vietnamese citizens abroad;

c) Taking Vietnamese workers to work abroad without the License of providing service of taking Vietnamese workers to work abroad under contract and not be the winning or selected bidding enterprise for taking workers to work abroad, or being organization, individual making investment aboard for taking workers to work abroad or enterprise taking workers to work abroad under the form of skill improvement internships;

d) Taking workers to prohibited zone or prohibited branches, occupation or jobs or when the host country does not allow.

4. Additional penalties:

Suspending the operation of taking workers to work abroad for 06 month to 12 months in case of violations prescribed in Clause 2, point a, b, d Clause 3 of this Article;

5. Remedial measures:

a) Compelling to repatriate the workers at the request of the host country or Vietnamese competent authority in case of violations prescribed in Clause 2, point d Clause 3 this Article;

b) Compelling to return the money to workers and plus an interest on the money at the highest rate of demand deposit of announced by state-owned commercial banks at the time of sanction for violations prescribed in point a Clause 3 of this Article.”

Article 47. Violations committed by abroad workers and relevant entities

1. The worker who not to register individual contracts with competent authorities in accordance with law provisions shall be imposed a fine from VND 2,000,000 to VND 5,000,000.

2. Each of the following violations shall be imposed a fine from VND 80,000,000 to VND 100,000,000:

a) Illegally staying in the host country after the labor contract expires;

b) Illegally leaving the contractual workplace that is not a result of forced labor

c)Not to go to the contractual workplace after entry in to the host country;

3. Remedial measures:

Compelling to repatriation in case of violations prescribed in point a b and c Clause 2 of this Article.

 

Chapter V

COMPETENT TO IMPOSE ADMINISTRATIVE SANCTION AND MAKE ADMINISTRATIVE VIOLATION RECORD; PROCEDURE OF SANCTION ON ADMINISTRATIVE VIOLATION

Section 1

COMPETENT TO IMPOSE ADMINISTRATIVE SANCTION AND MAKE ADMINISTRATIVE VIOLATION RECORD

Article 48. Competent to make administrative violation record

Competent to make administrative violation record for administrative violation prescribed in this Decree includes:

1. Competent person for impose sanctions for administrative violations as prescribed in Article 49, 50, 51, 52, 53 and 54 of this Decree in accordance within their functions, tasks and assigned power.

2. Officials, public employees working in inspection, examination on labor, social insurance, and operation of taking Vietnamese workers to work abroad under labor contract.

Article 49. The power to impose sanctions of the Chairperson of the People’s Committee

1. The Chairperson of commune People's Committee shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 5,000,000.

2. The Chairperson of district People's Committees shall have power to:

a) Issue warnings;

b) Impose fines up to VND 37,500,000 for the administrative violations against regulations on labor, social insurance, and impose fines up to VND 50,000,000 for the administrative violations against regulations on taking Vietnamese workers to work abroad under labor contract;

c) Impose additional penalties as prescribed in Chapter II, except for additional penalties as prescribed in Clause 3 Article 31 this Decree;

d) Impose the remedial measures specified in Chapter II and Chapter III of this Decree.

3. Presidents of the People’s Committees of provinces shall have power to:

a) Issue warnings;

b) Impose fines up to VND 75,000,000 for the administrative violations against regulations on labor, social insurance, and impose fines up to VND 100,000,000 for the administrative violations against regulations on taking Vietnamese workers to work abroad under labor contract;

c) Impose additional penalties as prescribed in Chapter II and Chapter IV, except for additional penalties as prescribed in Clause 5 Article 31 this Decree;

d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

Article 50. The powers to impose sanctions of labor inspectors

1. Labor inspectors and the persons assigned to carry out specialized inspections shall have power to issue warnings for administrative violations in the field of labor, social insurance as prescribed in Chapter II and Chapter III this Decree.

2. The Chief Inspectors of Services of Labor, War Invalids and Social Affairs shall have power to:

a) Issue warnings;

b) Impose fines up to VND 37,500,000 for the administrative violations against regulations on labor, social insurance, and impose fines up to VND 50,000,000 for the administrative violations against regulations on taking Vietnamese workers to work abroad under labor contract;

c) Impose additional penalties as prescribed in Chapter II and Chapter IV, except for additional penalties as prescribed in Clause 5 Article 31 this Decree;

d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

3. The Chief Inspector of the Ministry of Labor, War Invalids and Social Affairs is entitled to:

a) Issue warnings;

b) Impose fines up to VND 75,000,000 for the administrative violations against regulations on labor, social insurance, and impose fines up to VND 100,000,000 for the administrative violations against regulations on taking Vietnamese workers to work abroad under labor contract;

c) Impose additional penalties as prescribed in Chapter II and Chapter IV, except for additional penalties as prescribed in Clause 5 Article 31 this Decree;

d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

4. The chief of the ministerial labor inspectorate team shall have power to:

a) Issue warnings;

b) Impose fines up to VND 52,500,000 for the administrative violations against regulations on labor, social insurance, and impose fines up to VND 70,000,000 for the administrative violations against regulations on taking Vietnamese workers to work abroad under labor contract;

c) Impose additional penalties as prescribed in Chapter II and Chapter IV, except for additional penalties as prescribed in Clause 5 Article 31 this Decree;

d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

5. The chief of labor inspectorate at Division level, the chief of the specialized inspectorate team of state management authority entitled in specialized inspectorate in labor, social insurance, taking Vietnamese workers to work abroad under labor contract shall have power to:

a) Issue warnings;

b) Impose fines up to VND 37,500,000 for the administrative violations against regulations on labor, social insurance, and impose fines up to VND 50,000,000 for the administrative violations against regulations on taking Vietnamese workers to work abroad under labor contract;

c) Impose additional penalties as prescribed in Chapter II and Chapter IV, except for additional penalties as prescribed in Clause 5 Article 31 this Decree;

d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

Article 51. The competent to impose sanctions of the Director of the Department of Overseas Labor Management

The Director of the Department of Overseas Labor Management shall have power to impose sanctions for the administrative violations as prescribed in Chapter IV of this Decree as follow:

1. Issue warnings;

2. Impose fines of up to VND 100,000,000;

3. Impose the additional penalties specified in Chapter IV of this Decree;

4. Take the remedial measures specified in Chapter IV of this Decree.

Article 52. The competent to impose sanctions of the Director of the Bureau for Safe Work

The Director of the Bureau for Safe Work shall have power to impose sanctions for the administrative violations as prescribed in Article 19, 20, 21, 22, 23, 24, 25, 26 of this Decree as follow:

1. Issue warnings;

2. Impose fines of up to VND 75,000,000;

3. Impose the additional penalties specified in Article 24, 25, 26 of this Decree;

4. Take the remedial measures specified article 21, 22, 24, 25 of this Decree.

Article 53. Competent to impose sanctions of the Social insurance agencies

1. The Director of the Social insurance agency at provincial level shall have power to:

a) Issue warnings;

b) Impose fines of up to VND 37,500,000 for violations on payment of social insurance, unemployment insurance as prescribed in Article 38 of this Decree;

c) Impose the remedial measures specified in Clause 7 Article 38 of this Decree.

2. The General Director of Vietnam Social insurance agency shall have power to:

a) Issue warnings;

b) Impose fines of up to VND 75,000,000 for violations on payment of social insurance, unemployment insurance as prescribed in Article 38 of this Decree;

c) Impose the remedial measures specified in Clause 7 Article 38 of this Decree.

3. The chief of specialized inspectorate team established by the General Director of Vietnam Social insurance shall have power to:

a) Issue warnings;

b) Impose fines of up to VND 52,500,000 for violations on payment of social insurance, unemployment insurance as prescribed in Article 38 of this Decree;

c) Impose the remedial measures specified in Clause 7 Article 38 of this Decree.

Article 54. The competent to impose sanctions of other agencies

1. The heads of the diplomatic missions, consular offices, and other agencies authorized to perform consular functions of Socialist Republic of Vietnam overseas are entitled to impose sanctions for the administrative violations prescribed in Chapter IV of this Decree as follow:

a) Issue warnings;

b) Impose fines up to VND 100,000,000;

c) Impose the remedial measure of compelling the repatriation of workers at the request of the host country or the competent authority of Vietnam as prescribed in Chapter IV of this Decree.

2. The Director of Vietnam Immigration Department, the Director of People’s Security at provincial level shall have power to impose sanctions, additional penalties for violations prescribed in Clause 3 Article 31 this Decree.

 

Section 2
PROCEDURE FOR SANCTIONS IMPLEMENTATION

Article 55. Procedure for imposing sanctions for administrative violations in taking workers to work abroad beyond the territory of Vietnam

1. The worker imposed a fine beyond the territory of Vietnam may make payment at a diplomatic mission or consular office of Vietnam in the host country.

2. The fine’s currency shall be Vietnam dong. In case the fine is collected by foreign currency, it shall be transfer into VND according to the rate of commercial bank at the time of sanction.

3. The Ministry of Labor, War Invalid and Social shall assume the prime responsibility and coordinate with the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Justice to give instruction on procedure for imposing sanctions for administrative violations in taking workers to work abroad beyond the territory of Vietnam.

 

Chapter VI
IMPLEMENTATION

Article 56. Effect

1. This Decree takes effect on April 15, 2020.

2. The Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on sanction of administrative violations in the field of labor, social insurance, taking Vietnamese workers to work abroad under contract and the Decree No. 88/2015/ND-CP dated October 07, 2015 of the Government on amending and supplementing a number of Article of the Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on sanction of administrative violations in the field of labor, social insurance, taking Vietnamese workers to work abroad under contract shall expired from the effective date of this Decree.

3. Unauthorized stay abroad after the contract expires as prescribed in point a Clause 2 Article 47 of this Decree shall be considered continuing administrative violations and sanction duration shall be defined at the time such action be discovered.

Article 57. Transitional provisions

For administrative violations in the field of labor, social insurance, taking Vietnamese workers to work abroad under contract which incurred before the effective date of this Decree and be discovered after the effective date of this Decree or being considered to impose sanction, regulation on sanction in this Decree shall apply in case this Decree not prescribed legal consequences for such actions or prescribed a less severe legal consequence for violated individuals and organizations.

Article 58. Responsibility to provide instruction and implementation

1. The Minister of Labor, War Invalids and Social Affairs shall provide guidance and inspect the implementation of this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of central-affiliated cities and provinces are responsible for the implementation of this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc