Decree 28/2020/ND-CP on administrative sanctions for violations in the fields of labor and social insurance.

DECREE

REGULATIONS ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELDS OF LABOR, SOCIAL INSURANCE, AND SENDING VIETNAMESE WORKERS ABROAD UNDER CONTRACT

Based on the Law on Organization of the Government dated June 19, 2015;

Based on the Law on Handling Administrative Violations dated June 20, 2012;

Based on the Labor Code dated June 18, 2012;

Based on the Employment Law dated November 16, 2013;

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

Based on the Trade Union Law dated June 20, 2012;

Based on the Social Insurance Law dated November 20, 2014;

Based on the Law on Vietnamese Workers Working Abroad under Contract dated November 29, 2006;

As requested by the Minister of Labour, Invalids and Social Affairs;

The government has issued a Decree stipulating penalties for administrative violations in the fields of labor, social insurance, and sending Vietnamese workers abroad under contract.

Chapter I

GENERAL RULES

Article 1. Scope

This Decree stipulates the violations, forms of penalties, penalty levels, remedial measures, authority to impose penalties, authority to draw up violation reports, and procedures for handling administrative violations in the fields of labor, social insurance, and sending Vietnamese workers abroad under contract.

Article 2. Subject of application

1. Employers, employees, and other individuals and organizations that commit administrative violations in the fields of labor, social insurance, and sending Vietnamese workers abroad under contracts as stipulated in this Decree.

2. The authority to impose penalties and the authority to draw up violation reports are stipulated in Chapter V of this Decree.

3. Other agencies, organizations, and individuals involved in the handling of administrative violations as stipulated in this Decree.

Article 3. Forms of punishment

1. Organizations and individuals committing administrative violations in the fields of labor, social insurance, and sending Vietnamese workers abroad under contract shall be subject to penalties in the form of a warning or a fine.

2. Based on the nature and severity of the violation, organizations and individuals committing administrative violations may also be subject to one or more of the following additional penalties:

a) Revoking the license to operate a labor leasing business for a period of 01 to 03 months or 06 to 12 months;

b) Revoking the inspector's certification for a period of 01 to 03 months;

c) Revocation of the Labor Leasing License;

d) Confiscate the Certificate of Eligibility for Occupational Safety and Health Training Activities;

d) Confiscate the Certificate of Eligibility for Operating Occupational Safety and Health Inspection Services;

e) Confiscate the Inspector's Certificate;

g) Suspend training activities for a period of 01 to 03 months;

h) Suspend inspection activities for a period of 01 to 03 months;

i) Suspend workplace environmental monitoring activities for a period of 03 to 06 months;

k) Suspending the operation of sending workers abroad for a period of 01 to 03 months, or 04 to 06 months, or 06 to 12 months;

l) Suspending the performance of a labor supply contract with a term of 01 to 03 months, or 03 to 06 months, or 06 to 12 months;

m) Deporting foreign workers employed in Vietnam.

Article 4. Remedial Measures

In addition to the penalties stipulated in Article 3 of this Decree, individuals and organizations committing administrative violations may also be subject to one or more of the following remedial measures:

1. Require the return of the money collected from the employee.

2. Require the return of the original copies of personal identification documents, diplomas, and certificates that have been withheld from the employee.

3. Require the return of identification documents to the domestic helper.

4. To compel the return of any money or property withheld or collected from the employee, plus interest on the withheld amount.

5. Require the return of any illegal profits obtained from engaging in labor leasing activities.

6. The offender shall be compelled to return any illegal profits obtained from exploiting the guise of vocational training or apprenticeship to gain illicit profits, exploit labor, or entice or coerce apprentices or trainees into illegal activities.

7. The employer shall be required to reimburse the business that hired the occupational safety and health training service the training costs plus interest on that amount.

8. Require vocational education institutions to return the illegally obtained funds to the state budget.

9. Require the employer to return to the employee the amount of mandatory social insurance benefits that were misappropriated from the employee, along with the interest on that amount.

10. Compel the conclusion of labor contracts with employees or to conclude the correct type of contract with employees.

11. Mandatory conclusion of written employment contracts with domestic helpers.

12. Mandating the renewal of employment contracts for part-time trade union officials.

13. Full payment of wages is required.

14. The employer is required to pay the full salary plus interest on any delayed or underpaid salary.

15. The employer is obligated to pay wages to employees for the days they are not allowed to return to work after the temporary suspension of their employment contract has ended.

16. Require the labor leasing company to pay the difference in wages to the employees.

17. The employer shall be compelled to pay wages to apprentices and trainees if there is a failure to pay them during their apprenticeship or training period, even when they directly or indirectly participate in producing products that meet quality standards.

18. Employees must be paid their full wages for the days they are temporarily suspended from work.

19. Mandate payment of wages to workers for days when the workplace is temporarily closed.

20. Mandatory payment of salaries to part-time trade union workers during their time working for the trade union.

21. Mandate the payment of overtime wages to employees.

22. Compel the completion of verification procedures and return any other documents held for the employee.

23. Compel the reinstatement of the worker.

24. Require the reinstatement of the employee and full payment of wages corresponding to the days of absence.

25. Require the reinstatement of the worker and full payment of wages, social insurance, and health insurance for the days the worker was unable to work.

26. The employer shall be required to issue a public apology to the employee and pay all medical treatment costs and wages for the employee during the treatment period if the violation causes physical harm to the employee that requires treatment at medical facilities.

27. The employer is obligated to pay the employee the full amount of severance pay and unemployment benefits, plus interest on any unpaid amounts.

28. The employer is obligated to pay the full amount corresponding to the social insurance, health insurance, unemployment insurance contributions, and annual leave pay for the employee.

29. Employees are required to receive compensation in kind that is converted into cash according to the prescribed rates.

30. Require the full payment of travel expenses for domestic helpers.

31. Require full payment of social insurance and health insurance contributions for domestic helpers.

32. Mandate full payment of occupational accident and disease insurance benefits to employees.

33. The employer is obligated to pay the employee the amount of benefits or compensation, plus interest on that amount.

34. Employers are required to pay the co-payment portion and other expenses not covered by health insurance for employees who suffer work-related accidents or occupational diseases and are covered by health insurance.

35. Employers are required to pay all medical expenses from first aid and emergency treatment to stable recovery for employees who suffer work-related accidents or occupational diseases and are not covered by health insurance.

36. Employers are required to pay the fees for medical examinations assessing the degree of disability in cases where the conclusion is that the degree of disability is less than 5%, when the employer refers the employee to the Medical Examination Board for assessment of the degree of disability.

37. The provided training results must be canceled.

38. The inspection results must be annulled, and the inspection fees plus interest must be refunded.

39. Ensure that necessary working conditions are provided for trade union organizations and allocate time for those working in trade unions.

40. Compelling the correction of false information.

41. Require full-time union officials to receive collective benefits and welfare equal to those of other workers within the same organization.

42. Employers must pay the trade union the amount of overdue, insufficient, or unpaid trade union fees, and the interest on the unpaid or overdue trade union fees.

43. The individual is required to return to the social insurance organization the social insurance benefits and unemployment benefits already received.

44. Be required to pay the full amount into the Overseas Employment Support Fund as stipulated.

45. The deposit amount must be paid in accordance with regulations.

46. ​​Require vocational education institutions to provide vocational training for the full duration of the course that workers participating in unemployment insurance have registered for.

47. Require the employer to provide vocational skills training, foreign language training, and necessary knowledge training for employees, or to reimburse any training fees collected from employees (if any).

48. Repatriation of workers is mandatory at the request of the receiving country or the competent state agency of Vietnam.

49. Forced repatriation.

50. Compulsory payment of overdue, unpaid, or evaded mandatory social insurance and unemployment insurance contributions.

51. The amount of interest payable shall be equal to twice the average investment interest rate of the social insurance fund in the immediately preceding year, calculated on the amount and duration of delayed, non-payment, or evasion of payment.

Article 5. Amounts of fines and authority to impose penalties

1. The fines stipulated for violations of the regulations in Chapters II, III, and IV of this Decree are the fines for individuals, except as provided 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; and Clauses 1, 2, 3, and 4 of Article 45 of this Decree. The fine for organizations is twice the fine for individuals.

2. The authority to impose administrative penalties as stipulated in Chapter V of this Decree is the authority to impose penalties on individuals. In the case of monetary penalties, the authority to impose penalties on organizations is twice the authority to impose penalties on individuals.

3. Organizations subject to fines twice the amount of the fines imposed on individuals under this Decree include:

a) State agencies commit violations, except in cases where the violation falls within their assigned state management duties;

b) Enterprises established and operating under Vietnamese law; branches and representative offices of foreign enterprises operating in Vietnam;

c) Cooperatives, cooperative unions;

d) Public service units;

d) Political-social organizations, political-social-professional organizations; social organizations; social-professional organizations;

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

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

h) International organizations, intergovernmental organizations, and organizations affiliated with foreign governments;

i) Non-governmental organizations;

k) Non-profit representative offices in Vietnam of foreign economic, commercial, financial, banking, insurance, scientific-technical, cultural, educational, medical, and legal consulting organizations;

l) Educational institutions, vocational training institutions, medical facilities, cultural and social facilities.

Chapter II

VIOLATIONS, PENALTIES, AND REMEDIAL MEASURES FOR VIOLATIONS IN THE FIELD OF LABOR

Article 6. Violations of regulations on employment services

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed on employment service businesses that fail to notify the authorities of their employment service activities in accordance with the law.

2. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on employment service organizations that provide false or misleading information about job positions.

3. A fine of VND 45.000.000 to VND 60.000.000 shall be imposed on individuals and organizations that engage in employment service activities that are not legally established employment service centers, or that do not possess an employment service license issued by a competent authority, or that use an expired employment service license.

4. Remedial measures

The employer is required to return to the employee the money collected for violations of the regulations specified in Clause 3 of this Article.

Article 7. Violations concerning recruitment and labor management

1. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed on employers for committing any of the following acts:

a) Failure to publicly announce the recruitment results, or announcing them more than 05 working days after the recruitment results are available;

b) Failure to declare the use of labor as required to the Department of Labor, War Invalids and Social Affairs or the Provincial Department of Labor, War Invalids and Social Affairs (for employers located in industrial zones) where the head office, branch, or representative office is located;

c) Failure to report changes in labor situation to the Department of Labor, War Invalids and Social Affairs or the Provincial Department of Labor, War Invalids and Social Affairs (for employers in industrial zones) where the head office, branch, or representative office is located;

d) Collecting fees from workers participating in the recruitment process;

d) Failure to maintain a labor management register; maintaining a labor management register incorrectly or not within the prescribed timeframe, or failing to ensure the basic contents as required by law; failure to record and enter complete information about employees into the labor management register when the labor contract is in effect; failure to update information in the labor management register when changes occur.

2. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for acts of discrimination based on gender, age, ethnicity, skin color, social class, marital status, beliefs, religion, HIV infection, or disability.

3. Remedial measures

The employer is required to return to the employee the money collected for the violation of the regulations specified in point d, clause 1 of this Article.

Article 8. Violations of regulations on concluding labor contracts

1. Employers shall be fined for any of the following acts: Failure to enter into a written labor contract for work with a duration of 3 months or more; failure to enter into the correct type of labor contract with the employee; entering into a labor contract that does not include all the essential contents of a labor contract; entering into a labor contract in the case of hiring an employee as a director in a state-owned enterprise in violation of the law, according to one of the following levels:

a) From 2.000.000 VND to 5.000.000 VND for violations involving 01 to 10 employees;

b) From VND 5.000.000 to VND 10.000.000 for violations involving 11 to 50 employees;

c) From 10.000.000 VND to 15.000.000 VND for violations involving 51 to 100 employees;

d) From 15.000.000 VND to 20.000.000 VND for violations involving 101 to 300 employees;

d) From 20.000.000 VND to 25.000.000 VND for violations involving 301 or more employees.

2. A fine of VND 20.000.000 to VND 25.000.000 shall be imposed on employers who commit any of the following acts:

a) Retain the original copies of the employee's personal identification documents, diplomas, and certificates when concluding or executing employment contracts;

b) Forcing employees to provide monetary or other property guarantees for the performance of the labor contract;

c) Entering into an employment contract with an employee aged 15 to under 18 without the written consent of the employee's legal representative.

3. Remedial measures

a) To compel the return of the original personal identification documents, diplomas, and certificates withheld from employees for violations of the regulations specified in point a, clause 2 of this Article;

b) To compel the return of the money or property withheld from the employee, plus interest on the withheld amount calculated at the highest interest rate for demand deposits published by state-owned commercial banks at the time of the penalty for the violation specified in point b, clause 2 of this Article;

c) Compelling the conclusion of the correct type of employment contract with the employee in cases of failing to conclude the correct type of employment contract with the employee as stipulated in Clause 1 of this Article.

Article 9. Violations of regulations regarding probationary periods.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed on employers who commit any of the following acts:

a) Requirements for a probationary period for employees working under seasonal employment contracts;

b) Failure to notify employees of the results of their probationary work as required by law.

2. A fine of VND 2.000.000 to VND 5.000.000 shall be imposed on employers who commit any of the following acts:

a) Requiring an employee to undergo a probationary period more than once for the same job;

b) The probationary period exceeds the stipulated time;

c) Paying employees during their probationary period less than 85% of the salary for that job;

d) After the probationary period ends, the employee continues to work but the employer does not enter into an employment contract with the employee.

3. Remedial measures

a) To compel the payment of full wages for the work performed by the employee in violation of the provisions of point a, clause 1, and points a, b, c, and d, clause 2 of this Article;

b) Compelling the conclusion of an employment contract with the employee for violations of the provisions of point d, clause 2 of this Article.

Article 10. Violations of regulations on the implementation of labor contracts

1. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed on employers who temporarily transfer employees to different jobs than specified in their labor contracts without notifying the employees at least 03 working days in advance, or without clearly stating the temporary work period, or assigning work that is unsuitable for the employee's health or gender.

2. A fine of VND 3.000.000 to VND 7.000.000 shall be imposed on employers who commit any of the following acts:

a) Assigning employees to work at a location different from the workplace agreed upon in the labor contract, except in cases stipulated in Article 31 of the Labor Code;

b) Not reinstating employees after the temporary suspension of their employment contracts has ended, except in cases where the employer and employee have agreed otherwise;

c) Transferring employees to work different from what is specified in their employment contract without justifiable reason, within the specified timeframe, or without the employee's written consent as required by law.

3. A fine of VND 50.000.000 to VND 75.000.000 shall be imposed on employers who engage in forced labor or mistreatment of employees that does not yet warrant criminal prosecution.

4. Remedial measures

The employer is obligated to pay wages to employees for the days they were not allowed to return to work after the temporary suspension of their employment contract expired, in violation of the provisions of point b, clause 2 of this Article.

Article 11. Violations of regulations on amending, supplementing, and terminating labor contracts.

1. Fines shall be imposed on employers who commit any of the following acts: Modifying the term of a labor contract more than once by means of a labor contract addendum, or when modifying the term of a labor contract by means of a labor contract addendum that changes the type of labor contract already concluded, except in cases of extending the term of a labor contract for elderly employees and employees who are non-professional trade union officials as stipulated in Clause 6, Article 192 of the Labor Code; failing to comply with regulations on the deadline for payment of employee benefits upon termination of a labor contract; failing to pay or paying insufficient severance pay or unemployment benefits to employees as prescribed by law; failing to pay or paying insufficient compensation to employees when unilaterally terminating a labor contract illegally; failing to complete the procedures for confirming and returning other documents held from employees after termination of a labor contract as prescribed by law, according to one of the following levels:

a) From 1.000.000 VND to 2.000.000 VND for violations involving 01 to 10 employees;

b) From VND 2.000.000 to VND 5.000.000 for violations involving 11 to 50 employees;

c) From 5.000.000 VND to 10.000.000 VND for violations involving 51 to 100 employees;

d) From 10.000.000 VND to 15.000.000 VND for violations involving 101 to 300 employees;

d) From 15.000.000 VND to 20.000.000 VND for violations involving 301 or more employees.

2. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on employers who commit any of the following acts:

a) Dismissing two or more employees without consulting the collective labor representative organization at the workplace or without notifying the provincial state labor management agency in writing 30 days in advance in cases of structural changes, technological changes, or economic reasons;

b) Failure to develop a labor utilization plan as required by law.

3. Remedial measures

a) To compel the payment of full severance pay and unemployment benefits to employees, plus interest on the unpaid amount calculated at the highest interest rate for demand deposits published by state-owned commercial banks at the time of the penalty, for the act of failing to pay or paying insufficient severance pay and unemployment benefits to employees as stipulated in Clause 1 of this Article;

b) To compel the completion of the verification procedures and the return of other documents held from the employee in cases of failure to complete the verification procedures and return other documents held from the employee after the termination of the employment contract as stipulated in Clause 1 of this Article.

Article 12. Violations of regulations on labor leasing.

1. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed on labor leasing entities that commit any of the following acts:

a) Failing to inform or instruct leased workers about the company's labor regulations and other rules;

b) Discrimination in working conditions between outsourced workers and employees of the enterprise.

2. A fine of VND 40.000.000 to VND 50.000.000 shall be imposed on labor leasing entities that commit any of the following acts:

a) Hiring workers to perform jobs that are not included in the list of jobs permitted for labor outsourcing;

b) Signing a labor leasing contract with a labor leasing company that does not possess a license to operate labor leasing services;

c) Re-hiring workers when the hiring party is involved in a labor dispute or strike, or re-hiring workers to replace employees who are exercising their right to strike or resolving a labor dispute;

d) Re-hiring workers to replace those laid off due to structural changes, technological changes, mergers, consolidations, divisions, or separations of businesses, or for economic reasons.

3. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed on labor leasing enterprises that commit any of the following acts:

a) Failure to create records clearly stating the number of workers who were subleased, the sub-employer, and the sub-leasing fee;

b) Failure to report on the labor outsourcing situation as required by law;

c) Failure to publicly display the original license at the head office and certified copies of the original license at branches and representative offices (if any) of the leasing enterprise;

d) Failure to promptly report incidents related to labor leasing activities to the competent local government agency or as requested by the state labor management agency.

4. Fines shall be imposed on labor leasing enterprises that commit any of the following acts: Paying leased workers less than the wages of workers with the same qualifications, performing the same job or a job of equal value for the leasing company; failing to inform or providing false information to workers about the contents of the labor leasing contract; carrying out labor leasing without the consent of the workers, according to one of the following levels:

a) From 10.000.000 VND to 20.000.000 VND for violations involving 01 to 10 employees;

b) From VND 20.000.000 to VND 40.000.000 for violations involving 11 to 50 employees;

c) From 40.000.000 VND to 60.000.000 VND for violations involving 51 to 100 employees;

d) From 60.000.000 VND to 80.000.000 VND for violations involving 101 to 300 employees;

d) From 80.000.000 VND to 100.000.000 VND for violations involving 301 or more employees.

5. A fine of between VND 50.000.000 and VND 75.000.000 for one of the following acts:

a) Operating a labor leasing business without a labor leasing license;

b) Transfer the hired workers to another employer;

c) Using an expired labor leasing license to conduct labor leasing activities.

6. A fine of VND 80.000.000 to VND 100.000.000 shall be imposed on labor leasing enterprises that commit any of the following acts:

a) Allowing other businesses, organizations, or individuals to use the Labor Leasing License to conduct labor leasing activities;

b) Subcontracting labor to perform work that is not included in the list of jobs permitted for labor subcontracting;

c) Subcontracting of labor for employees exceeding 12 months;

d) Subleasing labor when the labor-leasing enterprise is experiencing labor disputes or strikes, or subleasing labor to replace workers who are exercising their right to strike or resolving labor disputes;

d) Amending the content of a previously issued labor leasing license that does not warrant criminal prosecution.

7. Additional forms of punishment

a) Revoking the license to operate a labor leasing business for a period of 01 to 03 months for violations of the regulations specified in points c, d, and e of Clause 4 of this Article;

b) Revoking the license to operate labor leasing services for a period of 6 to 12 months for violations of the regulations specified in points a, b, c, and d of Clause 06 of this Article;

c) Revocation of the labor leasing license issued for violations of the regulations specified in point d, clause 6 of this Article.

8. Remedial measures

a) Require the labor leasing enterprise to pay the difference in wages to the employee for violations of the regulations specified in Clause 4 of this Article;

b) To compel the return of any illegal profits obtained from the labor leasing activity to the state budget for violations of the provisions of Clause 5 of this Article.

Article 13. Violations of regulations on training, professional development, and upgrading of vocational skills.

1. Fines shall be imposed on employers who commit any of the following acts: failing to provide vocational training to employees before transferring them to other occupations or jobs; failing to sign vocational training contracts with apprentices or trainees; failing to pay wages to apprentices or trainees during their apprenticeship or training period when they directly or indirectly participate in producing products that meet quality standards; failing to sign labor contracts with apprentices or trainees upon completion of their apprenticeship or training period, according to one of the following levels:

a) From 500.000 VND to 2.000.000 VND for violations involving 01 to 10 employees;

b) From VND 2.000.000 to VND 5.000.000 for violations involving 11 to 50 employees;

c) From 5.000.000 VND to 10.000.000 VND for violations involving 51 to 100 employees;

d) From 10.000.000 VND to 15.000.000 VND for violations involving 101 to 300 employees;

d) From 15.000.000 VND to 20.000.000 VND for violations involving 301 or more employees.

2. A fine of VND 20.000.000 to VND 25.000.000 shall be imposed on employers who commit any of the following acts:

a) Exploiting the guise of vocational training or apprenticeship to profit, exploit labor, or entice or coerce apprentices or trainees into illegal activities;

b) Recruiting individuals under 14 years of age for vocational training or apprenticeship, except for occupations or jobs permitted by law.

3. Remedial measures

a) To compel payment of wages to apprentices and trainees when there is a failure to pay wages to apprentices or trainees during their apprenticeship or training period, even when they directly or indirectly participate in labor to produce products that meet the specifications stipulated in Clause 1 of this Article;

b) To compel the return of any illegal profits obtained from exploiting the guise of vocational training or apprenticeship to gain illicit profits, exploit labor, or entice or coerce apprentices or trainees into illegal activities, in violation of the provisions of point a, clause 2 of this Article.

Article 14. Violations of regulations on workplace dialogue.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed on employers who commit any of the following acts:

a) Failure to implement grassroots democracy regulations as prescribed by law;

b) Failure to provide a suitable location and ensure other necessary physical conditions for workplace dialogue.

2. A fine of VND 2.000.000 to VND 5.000.000 shall be imposed on employers who fail to engage in dialogue when requested by representatives of the collective workforce.

Article 15. Violations of regulations on collective bargaining and collective labor agreements.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed on employers who commit any of the following acts:

a) Failure to submit the collective labor agreement to the state management agency as required;

b) Not paying the costs for negotiating, signing, amending, supplementing, sending, and publishing collective labor agreements;

c) Failing to disclose the contents of the signed collective labor agreement to the employees.

2. A fine of VND 3.000.000 to VND 5.000.000 shall be imposed on employers who commit any of the following acts:

a) Failing to provide information on production and business operations when requested by the workforce for collective bargaining purposes;

b) Failure to conduct collective bargaining to conclude or amend collective labor agreements when requested by the party requesting the bargaining.

3. A fine of VND 10.000.000 to VND 15.000.000 shall be imposed on employers who implement the contents of a collective labor agreement that has been declared invalid.

Article 16. Violations of regulations on wages

1. A fine of VND 2.000.000 to VND 5.000.000 shall be imposed on employers who commit any of the following acts:

a) Failure to publicly display salary scales, wage tables, labor norms, and bonus regulations at the workplace;

b) Failure to maintain payroll records and present them when requested by competent authorities;

c) When changing the method of wage payment, the employer fails to notify the employee at least 10 days in advance of the change;

d) Failure to establish salary scales, wage tables, or labor norms;

d) Using wage scales, wage tables, and labor norms that are not in accordance with regulations, even after receiving feedback on amendments and supplements from the district-level state management agency for labor;

e) Failing to consult with the collective labor representative organization at the workplace when developing wage scales, salary tables, labor norms, and bonus regulations.

2. Fines shall be imposed on employers who commit any of the following acts: failing to pay wages on time; failing to pay or paying insufficient wages to employees as agreed in the labor contract; failing to pay or paying insufficient wages to employees performing strenuous, hazardous, or dangerous work, or work requiring training or apprenticeship as prescribed by law; paying wages lower than the level prescribed in the wage scale or wage table submitted to the district-level state management agency for labor; failing to pay or paying insufficient overtime wages, night work wages, or wages for work stoppage as prescribed by law; deducting wages from employees improperly; paying wages improperly to employees when temporarily transferring them to different jobs than specified in the labor contract, during temporary suspension of work, during strikes, or on days when employees have not yet taken their annual leave, according to one of the following rates:

a) From 5.000.000 VND to 10.000.000 VND for violations involving 01 to 10 employees;

b) From VND 10.000.000 to VND 20.000.000 for violations involving 11 to 50 employees;

c) From 20.000.000 VND to 30.000.000 VND for violations involving 51 to 100 employees;

d) From 30.000.000 VND to 40.000.000 VND for violations involving 101 to 300 employees;

d) From 40.000.000 VND to 50.000.000 VND for violations involving 301 or more employees.

3. Employers who pay employees less than the regional minimum wage set by the Government shall be fined according to the following rates:

a) From 20.000.000 VND to 30.000.000 VND for violations involving 01 to 10 employees;

b) From VND 30.000.000 to VND 50.000.000 for violations involving 11 to 50 employees;

c) From VND 50.000.000 to VND 75.000.000 for violations involving 51 or more employees.

4. Employers who fail to pay an additional amount equivalent to the mandatory social insurance contributions, mandatory health insurance contributions, unemployment insurance contributions, and annual leave pay for employees who are not subject to mandatory social insurance, mandatory health insurance, or unemployment insurance as stipulated by law, shall be fined according to one of the following rates:

a) From 3.000.000 VND to 5.000.000 VND for violations involving 01 to 10 employees;

b) From VND 5.000.000 to VND 8.000.000 for violations involving 11 to 50 employees;

c) From 8.000.000 VND to 12.000.000 VND for violations involving 51 to 100 employees;

d) From 12.000.000 VND to 15.000.000 VND for violations involving 101 to 300 employees;

d) From 15.000.000 VND to 20.000.000 VND for violations involving 301 or more employees.

5. Remedial measures

a) The employer shall be compelled to pay the full salary plus interest on the delayed or underpaid salary amount to the employee, calculated at the highest interest rate for demand deposits published by state-owned commercial banks at the time of the penalty for violations of the provisions in Clauses 2 and 3 of this Article;

b) To compel the payment of the full amount corresponding to the mandatory social insurance, health insurance, unemployment insurance contributions, and annual leave pay for employees who violate the provisions of Clause 4 of this Article.

Article 17. Violations of regulations on working hours and rest periods.

1. A fine of VND 2.000.000 to VND 5.000.000 shall be imposed on employers who commit any of the following acts:

a) Failure to ensure that employees are given breaks during working hours, breaks between shifts, breaks for personal matters, and unpaid leave as prescribed by regulations;

b) No reduction in working hours for employees in the final year before retirement as stipulated;

c) Failure to notify in writing the specialized agency assisting the People's Committee of the province or centrally-administered city in managing state affairs regarding labor in the locality about organizing overtime work exceeding 200 hours but not exceeding 300 hours in a year.

2. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on employers who violate the provisions of the law regarding weekly rest, annual leave, or public holidays.

3. A fine of VND 20.000.000 to VND 25.000.000 shall be imposed on employers who commit any of the following acts:

a) Working normal working hours exceeding the number of working hours prescribed by law;

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

4. Employers who require employees to work overtime exceeding the hours stipulated in point b, clause 2, Article 106 of the Labor Code, or exceeding 12 hours in one day when working overtime on holidays, Tet (Lunar New Year), and weekly days off, shall be fined according to one of the following rates:

a) From 5.000.000 VND to 10.000.000 VND for violations involving 01 to 10 employees;

b) From VND 10.000.000 to VND 20.000.000 for violations involving 11 to 50 employees;

c) From 20.000.000 VND to 40.000.000 VND for violations involving 51 to 100 employees;

d) From 40.000.000 VND to 60.000.000 VND for violations involving 101 to 300 employees;

d) From 60.000.000 VND to 75.000.000 VND for violations involving 301 or more employees.

Article 18. Violations of regulations on labor discipline and material liability.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed on employers who fail to publicly announce or post the main contents of the labor regulations in necessary locations at the workplace.

2. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on employers who commit any of the following acts:

a) There are no written labor regulations when employing 10 or more workers;

b) Failure to register labor regulations with the provincial-level state management agency for labor;

c) Using labor regulations that are not yet in effect or have expired;

d) Imposing labor disciplinary measures or compensation for damages in a manner that does not comply with the procedures, regulations, and time limits prescribed by law;

(d) Temporarily suspending an employee from work in violation of the law.

3. A fine of VND 10.000.000 to VND 15.000.000 shall be imposed on employers for committing any of the following acts:

a) Violating the physical integrity and dignity of employees during labor disciplinary proceedings, but not to the extent of incurring criminal liability;

b) Using fines or salary deductions instead of labor disciplinary measures;

c) Disciplinary action against employees for violations not stipulated in the labor regulations;

d) Applying multiple forms of labor discipline to a single labor discipline violation.

4. Remedial measures

a) To compel the return of the collected funds or the full payment of wages to the employee for violations of the regulations specified in point b, clause 3 of this Article;

b) Compulsory reinstatement of the employee and payment of full wages corresponding to the days of absence for violations of the regulations specified in point d, clause 2 and point c, clause 3 of this Article;

c) To compel payment of full wages for the days of temporary suspension of work for employees in violation of the law, for violations specified in point d, Clause 2 of this Article;

d) To issue a public apology to the employee and pay all treatment costs and wages for the employee during the treatment period if the violation causes physical harm to the employee that requires treatment at medical facilities when violating the provisions of point a, clause 3 of this Article.

Article 19. Violations of regulations on reporting on occupational safety and health.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed on employees who fail to promptly report to the responsible person when they discover a risk of technical incidents causing occupational safety and hygiene hazards, work accidents, or occupational diseases.

2. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed on employers who fail to report, or report incompletely, inaccurately, or not within the prescribed timeframe, on occupational safety and health as required by law.

3. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on employers who fail to periodically compile and report on occupational accidents, technical incidents causing serious occupational safety and health hazards, and occupational diseases as prescribed by law.

Article 20. Violations of regulations on occupational safety and hygiene measures.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed on employers who fail to create workplace environmental hygiene records for harmful factors and occupational disease prevention as required by law.

2. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on employers who commit any of the following acts:

a) Failure to develop, issue, or implement plans, regulations, or procedures to ensure occupational safety and hygiene at the workplace, or failure to consult the grassroots trade union executive committee when developing them;

b) Failure to assign a department or personnel to handle occupational safety and health or medical work, or assigning personnel to handle occupational safety and health or medical work but those personnel do not meet the requirements stipulated by law;

c) Failure to provide sufficient first aid and emergency medical personnel at the workplace as required;

d) Failure to provide training for first aid and emergency response personnel at the workplace as required;

d) Failure to classify laborers according to categories of arduous, hazardous, and particularly arduous and hazardous work in order to implement the prescribed regulations.

3. A fine of VND 20.000.000 to VND 25.000.000 shall be imposed on employers who commit any of the following acts:

a) Failure to conduct regular inspections and maintenance of machinery, equipment, workshops, and warehouses as required;

b) Failure to provide safety and hygiene equipment at the workplace as required by regulations;

c) Failure to develop and issue a plan for handling incidents and responding to emergencies at the workplace;

d) Failure to develop plans for occupational safety and hygiene measures for the workplace when constructing new, expanding, or renovating facilities for the production, use, storage, or preservation of machinery, equipment, materials, and substances that require strict occupational safety and hygiene standards;

d) Failing to investigate occupational accidents for which they are legally responsible; failing to report or making false reports about occupational accidents or technical incidents causing serious occupational safety and health hazards;

e) Failure to ensure adequate and suitable shower and toilet facilities at the workplace as required by law;

g) Failure to provide technical and medical equipment to ensure timely response and first aid in the event of technical incidents causing serious occupational safety and health hazards or workplace accidents.

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

1. A fine of between VND 500.000 and VND 1.000.000 shall be imposed on employees who commit any of the following acts:

a) Not using the personal protective equipment that has been issued;

b) Failing to participate in emergency response and accident/workplace incident resolution when ordered to do so by the employer or a competent state agency.

2. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed for each employee in violation, but not exceeding VND 75.000.000, for employers who fail to organize periodic health check-ups and occupational disease examinations for their employees, except in cases where the employer has organized such check-ups but the employees do not wish to be examined.

3. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for each employee in violation, but not exceeding VND 75.000.000, for employers who fail to organize health examinations for employees before transferring to more strenuous, hazardous, or dangerous occupations or after recovering from work accidents or occupational diseases and returning to work, except in cases where the Medical Examination Board has assessed the degree of disability.

4. A fine of VND 10.000.000 to VND 15.000.000 will be imposed on each employee for violations, but not exceeding VND 75.000.000 for employers who commit any of the following acts:

a) Failure to provide treatment, care, or rehabilitation for workers suffering from occupational diseases or work-related accidents;

b) Failure to assign work suitable to employees suffering from occupational diseases or work-related accidents as concluded by the Medical Examination Board.

5. A fine of VND 10.000.000 to VND 15.000.000 shall be imposed on employers who commit any of the following acts:

a) Failure to provide workers with information on occupational accidents, occupational diseases, hazardous and harmful factors, and measures to ensure occupational safety and hygiene at the workplace;

b) Failure to identify and assess hazardous and harmful factors in the workplace.

6. A fine of VND 15.000.000 to VND 20.000.000 shall be imposed on employers who fail to develop and implement a plan, and to compile and assess occupational safety and health risks for production and business establishments with a high risk of occupational accidents and diseases.

7. A fine of VND 20.000.000 to VND 25.000.000 shall be imposed on employers who commit any of the following acts:

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

b) Failure to implement detoxification and disinfection measures for workers working in environments with toxic or infectious agents;

c) Failure to organize incident handling and emergency response when detecting risks or when occupational accidents or technical incidents occur that compromise occupational safety and hygiene at the workplace and are beyond the employer's control.

8. Fines shall be imposed on employers who commit any of the following acts: failing to provide or providing inadequate personal protective equipment, or providing equipment that does not meet quality, specifications, or is not certified as conforming to technical regulations or published standards applicable to workers performing hazardous or toxic work; failing to provide in-kind compensation or providing in-kind compensation at an incorrect level as prescribed; paying money instead of in-kind compensation to workers working in hazardous or toxic conditions at one of the following rates:

a) From 3.000.000 VND to 6.000.000 VND for violations involving 01 to 10 employees;

b) From VND 6.000.000 to VND 10.000.000 for violations involving 11 to 50 employees;

c) From 10.000.000 VND to 15.000.000 VND for violations involving 51 to 100 employees;

d) From 15.000.000 VND to 20.000.000 VND for violations involving 101 to 300 employees;

d) From 20.000.000 VND to 30.000.000 VND for violations involving 301 or more employees.

9. A fine of VND 25.000.000 to VND 40.000.000 shall be imposed on employers who violate national technical standards on occupational safety and hygiene (except for violations specified in Clause 7 of this Article and Clause 1 of Article 23 of this Decree).

10. A fine of VND 30.000.000 to VND 40.000.000 shall be imposed on employers who force employees to work or prevent them from leaving the workplace when there is a risk of occupational accidents that seriously threaten their health and lives, or who force employees to continue working when such risks have not been mitigated.

11. Remedial measures

The employer shall be required to pay the employee compensation in kind, converted into monetary value according to the prescribed rate, for the act of failing to provide compensation in kind or providing compensation in kind at an incorrect rate for employees working in hazardous or toxic conditions as stipulated in Clause 8 of this Article.

Article 22. Violations of regulations concerning the employer's responsibility for occupational accidents and diseases.

1. A fine of VND 1.000.000 to VND 3.000.000 will be imposed on each employee for violations, but not exceeding VND 75.000.000 for employers who commit any of the following acts:

a) Failure to provide timely first aid and emergency care to workers who suffer work-related accidents or occupational diseases;

b) Not paying the co-payment portion and other expenses not covered by health insurance for employees who suffer work-related accidents or occupational diseases and are covered by health insurance;

c) No advance payment for first aid and emergency treatment costs, and full payment of all medical expenses from first aid and emergency treatment to stable treatment for workers who suffer work-related accidents or occupational diseases and are not covered by health insurance;

d) No payment of disability assessment fees will be required for cases where the conclusion of disability is less than 5%, when the employer refers the employee to the Medical Disability Assessment Board for disability assessment;

d) Failure to implement or improper implementation of the regulations on allowances and compensation for workers who suffer work-related accidents or occupational diseases.

2. Fines shall be imposed on employers for any of the following acts: Discrimination based on the fact that an employee refuses to perform work or leaves the workplace when there is a clear risk of occupational accidents that seriously threaten their life or health; discrimination based on the fact that the occupational safety and health officer, safety and health inspector, or medical staff have performed work or duties ensuring occupational safety and hygiene at the facility, according to one of the following levels:

a) From 5.000.000 VND to 10.000.000 VND for violations involving 01 to 10 employees;

b) From VND 10.000.000 to VND 20.000.000 for violations involving 11 to 50 employees;

c) From 20.000.000 VND to 30.000.000 VND for violations involving 51 to 100 employees;

d) From 30.000.000 VND to 40.000.000 VND for violations involving 101 to 300 employees;

d) From 40.000.000 VND to 50.000.000 VND for violations involving 301 or more employees.

3. Remedial measures

a) To compel the employer to pay the co-payment portion and other costs not covered by health insurance for employees who suffer work-related accidents or occupational diseases and are covered by health insurance, in violation of the provisions of point b, clause 1 of this Article;

b) To compel the employer to pay all medical expenses from first aid and emergency treatment to stable recovery for employees who suffer work-related accidents or occupational diseases and are not covered by health insurance, in violation of the provisions of point c, clause 1 of this Article;

c) To compel the employer to pay the cost of the disability assessment examination for cases where the disability is concluded to be less than 5%, when the employer refers the employee to the Medical Assessment Board for disability assessment due to violations of the regulations specified in point d, clause 1 of this Article;

d) To compel payment to the employee of the severance pay or compensation, plus interest calculated at the highest interest rate for demand deposits published by state-owned commercial banks at the time of the penalty for the violation of the regulations specified in point d, clause 1 of this Article.

Article 23. Violations of regulations on the use of machinery and equipment requiring strict occupational safety and hygiene standards.

Organizations and individuals who violate regulations on the use of machinery, equipment, and materials requiring strict occupational safety standards will be fined as follows:

1. A fine of VND 1.000.000 to VND 2.000.000 will be imposed for failing to report to the local Department of Labor, War Invalids and Social Affairs within 30 days before or after putting into use machinery, equipment, materials, or substances that require strict occupational safety standards.

2. A fine of VND 5.000.000 to VND 10.000.000 will be imposed for the act of failing to maintain complete technical records of machinery, equipment, and materials that require strict occupational safety standards.

3. From VND 15.000.000 to VND 20.000.000 for violations of regulations in the national technical standards on occupational safety and hygiene in the use of machinery, equipment, and materials requiring strict occupational safety; using machinery, equipment, and materials requiring strict occupational safety that have not been certified as conforming to the corresponding national technical standards; using machinery, equipment, and materials requiring strict occupational safety and hygiene without clear origin or that have expired.

4. From 02 to 03 times the total cost of inspecting violating machinery, equipment, and materials (calculated at the minimum price stipulated by the competent authority), but not less than VND 20.000.000 and not more than VND 75.000.000 for the act of failing to inspect before putting into use or failing to conduct periodic inspections during the use of machinery, equipment, and materials with strict requirements for occupational safety.

5. A fine of VND 50.000.000 to VND 75.000.000 will be imposed for any of the following acts: continuing to use machinery, equipment, or materials with strict occupational safety requirements that have undergone inspection but the inspection results are unsatisfactory.

Article 24. Violations of regulations on occupational safety and health training activities.

1. Employers who fail to organize occupational safety and health training for their employees as required by law, or who agree with training organizations to conduct training without providing training but receive training results, shall be fined according to one of the following levels:

a) From 5.000.000 VND to 10.000.000 VND for violations involving 01 to 10 people;

b) From 10.000.000 VND to 20.000.000 VND for violations involving 11 to 50 people;

c) From 20.000.000 VND to 30.000.000 VND for violations involving 51 to 100 people;

d) From 30.000.000 VND to 40.000.000 VND for violations involving 101 to 300 people;

d) From 40.000.000 VND to 50.000.000 VND for violations involving 301 or more people.

2. Fines shall be imposed on occupational safety and health training organizations that violate regulations on occupational safety and health training activities, according to one of the following levels:

a) From VND 1.000.000 to VND 3.000.000 for the following acts: failure to report occupational safety and health training activities as required by law; failure to notify the competent authority when organizing occupational safety and health training according to the framework program for occupational safety and health workers (group 2), workers performing jobs with strict requirements (group 3), and occupational safety and health trainers as prescribed by law;

b) From VND 10.000.000 to VND 20.000.000 for any of the following acts: Compulsory training according to the legally prescribed framework program but with insufficient content; using trainers who do not meet the required training standards; failing to provide the necessary facilities for training; not having training materials for the target groups;

c) From VND 30.000.000 to VND 50.000.000 for any of the following acts: Providing training results without conducting the training; providing training results that do not conform to the content of the training;

d) From VND 50.000.000 to VND 70.000.000 for organizing training without a Certificate of Eligibility for Training Activities, or when the training activities are suspended, revoked, or the Certificate of Eligibility for Training Activities has expired, or when training is conducted outside the scope specified in the Certificate of Eligibility for Training Activities; or when altering the content of the Certificate of Eligibility for Training Activities but not to the extent of incurring criminal liability.

3. Fines shall be imposed on employers who independently organize occupational safety and health training in violation of regulations on occupational safety and health training activities, according to one of the following levels:

a) From VND 1.000.000 to VND 3.000.000 for the following acts: failure to report occupational safety and health training activities as required by law; failure to notify the competent authority when organizing occupational safety and health training according to the framework program for occupational safety and health workers (group 2), workers performing jobs with strict requirements (group 3), and occupational safety and health trainers as prescribed by law;

b) From VND 10.000.000 to VND 20.000.000 for any of the following acts: Compulsory training according to the legally prescribed framework program but with insufficient content; using trainers who do not meet the required training standards; failing to provide the necessary facilities for training; not having training materials for the target groups;

c) From VND 15.000.000 to VND 25.000.000 for any of the following acts: providing training results without conducting the training; providing training results that do not match the content of the training;

d) From VND 25.000.000 to VND 35.000.000 for conducting training in cases requiring a Certificate of Eligibility for Occupational Safety and Health Training Activities without such a certificate, or when the training activities are suspended, revoked, or the certificate has expired; training outside the scope of the Certificate of Eligibility for Occupational Safety and Health Training or outside the scope of publicly declared eligibility for occupational safety and health training; or altering the content of the Certificate of Eligibility for Occupational Safety and Health Training Activities but not to the extent of criminal prosecution.

4. Additional forms of punishment

a) Suspend training activities for a period of 01 to 3 months for occupational safety and health training organizations that violate the regulations specified in points c and d of Clause 2 of this Article, and for employers who independently organize occupational safety and health training and violate the regulations specified in points c and d of Clause 03 of this Article;

b) Confiscate the Certificate of Eligibility for Occupational Safety and Health Training Activities for the act of altering the content of the Certificate of Eligibility for Occupational Safety and Health Training Activities as stipulated in point d, clause 2 and point d, clause 3 of this Article.

5. Remedial measures

a) The business entity that hired the occupational safety and health training service shall be required to reimburse the training costs plus interest on that amount calculated at the highest interest rate for demand deposits published by state-owned commercial banks at the time of the penalty for violations of the regulations specified in points b, c, and d of Clause 2 of this Article;

b) The training results provided shall be canceled for violations of the regulations specified in points b, c, and d of Clause 2, and points b, c, and d of Clause 3 of this Article.

Article 25. Violations of regulations on technical safety inspection activities in the workplace.

1. Fines shall be imposed on organizations operating in the field of occupational safety and health inspection that violate regulations on occupational safety and health inspection activities as follows:

a) From VND 1.000.000 to VND 3.000.000 for the act of failing to report occupational safety and technical inspection activities as required;

b) From VND 3.000.000 to VND 5.000.000 for any of the following acts: failure to notify the competent authority that issued the Certificate of Eligibility for Inspection Activities when there is a change in the address of the head office or branch;

c) From VND 40.000.000 to VND 50.000.000 for any of the following acts: Providing occupational safety and technical inspection services outside the scope specified in the certificate of eligibility for inspection activities; failing to follow the correct inspection procedures; using inspectors whose inspection certificates have been revoked or whose certificates have expired to conduct inspections; using individuals without inspection certificates to conduct inspections; using inspectors without signed labor contracts or work contracts; failing to maintain compliance with regulations on inspection activity conditions as stated in the certificate of eligibility for inspection activities; failing to ensure independence and objectivity in providing inspection services;

d) From VND 80.000.000 to VND 100.000.000 for any of the following acts: Providing false inspection results; providing inspection results without actually conducting the inspection;

d) From VND 130.000.000 to VND 150.000.000 for any of the following acts: Conducting inspection activities when the Certificate of Eligibility for Inspection Activities has expired, is suspended, or has been revoked or withdrawn; altering the content of a previously issued Certificate of Eligibility for Inspection Activities, but not to the extent of criminal prosecution.

2. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on inspectors who commit any of the following acts:

a) Failure to follow the inspection procedures issued by the competent authority;

b) Conducting inspections for organizations operating in occupational safety and health inspection that have not been granted a Certificate of Eligibility to operate inspection services.

3. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed on inspectors who conduct inspections when: their inspector certificate has expired; they conduct inspections outside the scope specified in their inspector certificate; or their inspector certificate has been revoked.

4. A fine of VND 20.000.000 to VND 30.000.000 shall be imposed on individuals conducting inspection activities without a certified inspector certificate.

5. A fine of VND 50.000.000 to VND 75.000.000 shall be imposed for conducting inspection activities without a Certificate of Eligibility for Inspection Activities.

6. A fine of VND 50.000.000 to VND 75.000.000 shall be imposed on inspectors who alter the content of an issued Inspector Certificate, provided that the act does not warrant criminal prosecution.

7. Additional forms of punishment

a) Suspend inspection activities for a period of 1 to 01 months for organizations conducting occupational safety and technical inspections that violate the regulations specified in point d, clause 03 of this Article;

b) Confiscate the Certificate of Eligibility for Occupational Safety and Health Inspection Activities for the act of altering the content of the issued Certificate of Eligibility for Inspection Activities as stipulated in point d, clause 1 of this Article;

c) Confiscate the Inspector's Certificate for violations of the regulations specified in Clause 6 of this Article;

d) Revoking the Inspector's Certificate for a period of 01 to 3 months for inspectors who conduct inspections outside the scope specified in their certificate as stipulated in Clause 03 of this Article.

8. Remedial measures

The inspection results must be canceled and the inspection fees plus interest calculated at the highest interest rate for demand deposits published by state-owned commercial banks at the time of the penalty for violations of the regulations specified in points c, d, and e of Clause 1 of this Article must be refunded, except for the act of altering the content of the issued Certificate of Eligibility for Inspection Activities, but which does not yet warrant criminal prosecution.

Article 26. Violations of regulations on workplace environmental monitoring.

1. A fine of VND 1.000.000 to VND 2.000.000 shall be imposed on environmental monitoring organizations that commit any of the following acts: failure to submit annual activity reports to the competent state management agency as prescribed; failure to notify the competent state management agency of changes to the address of the head office or branch; failure to participate in training courses to update knowledge on policies, laws, science and technology related to occupational environmental monitoring as prescribed.

2. A fine of VND 2.000.000 to VND 5.000.000 shall be imposed on employers who fail to publicly disclose to employees at workplace environmental monitoring sites and at sites where hazardous factors are inspected, assessed, and managed immediately upon receiving the results of workplace environmental monitoring and the results of inspection, assessment, and management of hazardous factors at the workplace.

3. A fine of VND 20.000.000 to VND 40.000.000 shall be imposed on employers who fail to conduct workplace environmental monitoring to control harm to the health of their employees as required by law.

4. A fine of VND 40.000.000 to VND 60.000.000 shall be imposed on employers who collude with organizations conducting fraudulent workplace environmental monitoring activities, but whose actions do not yet warrant criminal prosecution.

5. A fine of VND 50.000.000 to VND 75.000.000 shall be imposed on enterprises and organizations providing occupational environmental monitoring services without having been officially declared as meeting the legal requirements for occupational environmental monitoring activities.

6. A fine of VND 80.000.000 to VND 120.000.000 shall be imposed on organizations conducting occupational environmental monitoring that commit any of the following acts: colluding with employers to commit fraud in occupational environmental monitoring activities that do not yet warrant criminal prosecution; conducting occupational environmental monitoring not in accordance with the procedures prescribed by law.

7. A fine of VND 120.000.000 to VND 140.000.000 shall be imposed on organizations conducting occupational environmental monitoring that provide environmental monitoring results without actually carrying out environmental monitoring as required.

8. Additional forms of punishment

The organization conducting workplace environmental monitoring shall be suspended from its work for a period of 03 to 6 months if it violates the provisions of Clauses 5, 06, and 7 of this Article.

Article 27. Violations of regulations concerning female labor.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed on employers who commit any of the following acts:

a) Failing to consult with female workers or their representatives when making decisions on matters relating to the rights and interests of female workers;

b) Female workers are not allowed a 30-minute break each day during menstruation.

2. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on employers who commit any of the following acts:

a) Employing female workers for overtime, night work, and business trips in one of the following cases: Pregnancy from the 07th month or from the 06th month if working in mountainous, remote, border, or island areas; raising a child under 12 months old;

b) Do not transfer pregnant female workers from the 07th month of pregnancy who are performing strenuous work as stipulated in Clause 2, Article 155 of the Labor Code to other jobs;

c) Female workers who are breastfeeding children under 12 months old are not allowed a 60-minute break each day;

d) Not guaranteeing the same job when a female employee returns to work after the maternity leave period as prescribed in Clauses 1 and 3 of Article 157 of the Labor Code, except in cases where the previous job no longer exists;

d) Disciplinary action against female employees who are pregnant, on maternity leave as prescribed by law on social insurance, or raising children under 12 months old;

e) Dismissing or unilaterally terminating the employment contract of a female employee for reasons of marriage, pregnancy, maternity leave, or raising a child under 12 months old, except in cases where the employer is an individual who dies, is declared by the Court to be incapacitated, missing, or deceased, or where the employer is not an individual and ceases operations without reaching the level of criminal liability;

g) Employing female workers in jobs where female workers are prohibited from working, as stipulated in Article 160 of the Labor Code.

3. Remedial measures

a) To compel payment of overtime wages to employees for violations of the regulations specified in point b, clause 1 and point c, clause 2 of this Article;

b) To compel the reinstatement of employees who violate the regulations specified in point e, clause 2 of this Article.

Article 28. Violations of regulations concerning child labor

1. A fine of VND 1.000.000 to VND 2.000.000 shall be imposed on employers who fail to maintain a separate record book, or who maintain a separate record book but fail to record all the required information as stipulated in Clause 2, Article 162 of the Labor Code, when employing minors, or who fail to present the record book when requested by a competent state agency.

2. A fine of VND 10.000.000 to VND 15.000.000 shall be imposed on employers who commit any of the following acts:

a) Employing persons aged 13 to under 15 without a written employment contract with their legal representative or without the consent of the person aged 13 to under 15;

b) Employing minors to work beyond the working hours stipulated in Clause 2, Article 163 of the Labor Code;

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

d) Employing individuals aged 15 to under 18 for overtime work or night work, except for certain occupations or jobs permitted by law.

3. A fine of VND 50.000.000 to VND 75.000.000 shall be imposed on employers who commit any of the following acts:

a) Employing minors in strenuous, hazardous, or dangerous jobs, or in workplaces or jobs that negatively impact their character, as listed in the catalog issued by the Ministry of Labour, Invalids and Social Affairs in coordination with the Ministry of Health; or employing minors in jobs or workplaces prohibited under Article 165 of the Labour Code, but not to the extent of criminal prosecution;

b) Employing persons aged 13 to under 15 years old to perform work outside the list of jobs permitted by law as stipulated in Clause 1, Article 164 of the Labor Code;

c) Employing persons under 13 years of age to perform work outside the categories permitted by law as stipulated in Clause 3, Article 164 of the Labor Code.

Article 29. Violations of regulations concerning domestic helpers.

1. A warning penalty shall be imposed on employers who commit any of the following acts:

a) Not signing a written employment contract with the domestic helper;

b) No payment will be made for transportation costs when a domestic helper leaves their job and returns to their place of residence, except in cases where the domestic helper terminates their employment contract prematurely.

2. A fine of VND 10.000.000 to VND 15.000.000 shall be imposed on employers who commit any of the following acts:

a) Keep the original copies of the domestic helper's identification documents;

b) Failing to pay social insurance and health insurance contributions for domestic helpers as required by law, forcing them to arrange their own insurance.

3. Remedial measures

a) To compel the employer to enter into a written employment contract with the domestic helper when violating point a, clause 1 of this Article;

b) To compel the payment of full travel expenses for domestic helpers for violations of the regulations specified in point b, clause 1 of this Article;

c) To compel the return of personal identification documents to domestic helpers for violations of the regulations specified in point a, clause 2 of this Article;

d) To compel the full payment of social insurance and health insurance contributions for domestic helpers when they violate the regulations specified in point b, clause 2 of this Article.

Article 30. Violations of regulations concerning elderly workers

Employers who employ elderly workers in strenuous, hazardous, or dangerous jobs that negatively impact their health will be fined between VND 10.000.000 and VND 15.000.000.

Article 31. Violations of regulations concerning foreigners working in Vietnam

1. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed on employers who violate any of the following acts:

a) Failure to report, or reporting inaccurately or late, on the employment situation of foreign workers as required by the state labor management agency;

b) Do not send a copy of the signed employment contract to the agency that issued the work permit for foreign workers working under an employment contract.

2. A fine of VND 5.000.000 to VND 10.000.000 will be imposed on each employee in violation, but not exceeding VND 75.000.000 for employers who employ foreign workers in a manner inconsistent with the content stated in their work permits or documents confirming that they are not subject to work permit requirements.

3. A fine of VND 15.000.000 to VND 25.000.000 shall be imposed on foreign workers working in Vietnam who commit any of the following acts:

a) Working without a work permit or without written confirmation that the work permit is not required by law;

b) Using a work permit or a document confirming that the applicant is not subject to work permit requirements that has expired.

4. Fines shall be imposed on employers who employ foreign workers in Vietnam without a work permit or without a certificate confirming that they are not subject to work permit requirements, or who employ foreign workers with expired work permits or certificates confirming that they are not subject to work permit requirements, according to one of the following levels:

a) From 30.000.000 VND to 45.000.000 VND for violations involving 01 to 10 people;

b) From 45.000.000 VND to 60.000.000 VND for violations involving 11 to 20 people;

c) From 60.000.000 VND to 75.000.000 VND for violations involving 21 or more people.

5. Additional forms of punishment

Foreign workers working in Vietnam who are working in Vietnam without a work permit or without a document confirming they are not subject to work permit requirements will be deported if they violate the provisions of Clause 3 of this Article.

Article 32. Violations of regulations on the recruitment and employment of Vietnamese workers for foreign organizations and individuals in Vietnam.

1. A fine of VND 1.000.000 to VND 3.000.000 shall be imposed on foreign organizations and individuals in Vietnam who employ Vietnamese workers but fail to report the recruitment and employment situation to the competent organization responsible for recruiting and managing Vietnamese workers as required by law.

2. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on foreign organizations and individuals in Vietnam who employ Vietnamese workers without notifying in writing, accompanied by a copy of the signed labor contract with the Vietnamese worker, the organization authorized to recruit and manage Vietnamese workers for foreign organizations and individuals in Vietnam as prescribed by law.

Article 33. Violations of regulations on labor dispute resolution

1. A warning penalty shall be imposed on workers who participate in a strike after the Chairman of the People's Committee of the province or centrally-governed city has issued a decision to postpone or stop the strike.

2. A fine of between VND 1.000.000 and VND 2.000.000 shall be imposed on employees who commit any of the following acts:

a) Obstructing the exercise of the right to strike or inciting, luring, or coercing workers to strike;

b) Preventing workers who are not participating in the strike from going to work.

3. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on employers who commit any of the following acts:

a) Terminate employment contracts or impose disciplinary measures on workers or strike leaders, or transfer workers or strike leaders to other jobs or locations for reasons related to preparing for or participating in a strike;

b) Retaliation and retaliation against striking workers and strike leaders;

c) Temporarily closing the workplace in cases stipulated in Article 217 of the Labor Code.

4. Remedial measures

Employers are required to pay wages to employees for the days the workplace is temporarily closed due to violations of the regulations specified in point c, clause 3 of this Article.

Article 34. Violations of regulations on ensuring the exercise of trade union rights.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed on employers who commit any of the following acts:

a) Failure to provide a workplace or ensure the necessary work equipment for trade union officials;

b) No time should be allocated during working hours for part-time trade union officials to carry out trade union activities;

c) Prohibiting trade union officials from higher levels from entering organizations and enterprises to carry out trade union activities;

d) Failing to provide information, cooperate, or facilitate the exercise of the trade union's rights and responsibilities in representing and protecting the legitimate rights and interests of workers.

2. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on employers who, without a written agreement with the grassroots trade union executive committee or the directly superior trade union executive committee, unilaterally terminate labor contracts, transfer employees to other jobs under labor contracts, or dismiss employees who are part-time trade union officials, but whose actions do not warrant criminal prosecution.

3. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for acts of abusing trade union rights to violate the law, infringe upon the interests of the State, or the legitimate rights and interests of agencies, organizations, businesses, and individuals.

4. Remedial measures

The regulations in points a and b of Clause 1 of this Article require ensuring the necessary working conditions for trade union organizations and allocating time for trade union officials.

Article 35. Violations of regulations on discrimination based on the establishment, membership, and activities of trade unions.

1. A fine of VND 3.000.000 to VND 5.000.000 shall be imposed on employers who commit any of the following acts:

a) Discrimination in terms of wages, working hours, and other rights and obligations in labor relations aimed at hindering the establishment, membership, and operation of trade unions by workers;

b) Do not renew the employment contracts of part-time trade union officials whose employment contracts have expired during their term in office;

c) Unlawful disciplinary action or termination of employment contracts against employees for reasons related to the establishment, membership, and activities of a trade union;

d) Harassing, mistreating, obstructing, or denying career advancement to trade union officials;

d) Disseminating false information intended to undermine the reputation of trade union officials among workers.

2. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on employers who commit any of the following acts:

a) There are regulations that restrict the right of workers to participate as trade union officials;

b) Dominating or obstructing the election and selection of trade union officials;

c) Forcing workers to form, join, or participate in trade unions.

3. Remedial measures

a) Mandating the extension of employment contracts for part-time trade union officials who violate the regulations specified in point b, clause 1 of this Article;

b) To compel the reinstatement of the employee and payment of full wages, social insurance, and health insurance for the days the employee was not allowed to work, for violations of the regulations specified in point c, clause 1 of this Article;

c) To compel correction of false information regarding violations of the regulations specified in point d, clause 1 of this Article.

Article 36. Violations of regulations concerning the use of economic or other measures detrimental to the organization and operation of trade unions.

1. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on employers who commit any of the following acts:

a) Not paying salaries to employees who perform non-full-time trade union duties during the period of trade union activity;

b) Not allowing full-time union workers to enjoy the same collective rights and benefits as other workers in the same organization;

c) Implementing economic measures or other detrimental measures that affect workers to prevent them from joining or participating in trade union activities.

2. Remedial measures

a) To compel payment of wages to part-time trade union officials during their time working for trade union activities in violation of the provisions of point a, clause 1 of this Article;

b) To compel the settlement of collective rights and benefits for full-time trade union officials, just like other workers in the same organization, for violations of the regulations specified in point b, clause 1 of this Article.

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

1. A fine ranging from 12% to less than 15% of the total amount of trade union fees payable at the time of the administrative violation report, but not exceeding VND 75.000.000, shall be imposed on employers who commit any of the following acts:

a) Late payment of trade union fees;

b) Paying trade union fees at an incorrect rate;

c) Failure to pay union dues for the required number of members.

2. A fine ranging from 18% to 20% of the total amount of trade union fees payable at the time of the administrative violation report, but not exceeding VND 75.000.000, shall be imposed on employers who fail to pay trade union fees for all employees who are required to pay.

3. Remedial measures

No later than 30 days from the date of the penalty decision, the employer must pay the trade union the amount of overdue, insufficient, or unpaid trade union fees, and the interest on the unpaid or overdue trade union fees at the highest interest rate for demand deposits published by state-owned commercial banks at the time of the penalty for violations of the provisions in Clauses 1 and 2 of this Article.

Chapter III

VIOLATIONS, FORMS OF PENALTIES, PENALTY LEVELS, AND REMEDIAL MEASURES FOR VIOLATIONS IN THE FIELD OF SOCIAL INSURANCE

Article 38. Violations of regulations on mandatory social insurance and unemployment insurance contributions.

1. A fine of VND 500.000 to VND 1.000.000 shall be imposed on employees who collude with their employers to avoid participating in mandatory social insurance and unemployment insurance, or who participate incorrectly in terms of eligibility or contribution levels.

2. A fine of VND 500.000 to VND 1.000.000 shall be imposed on employers who commit any of the following acts:

a) Annually, the information on social insurance contributions of employees, provided by the social insurance agency as stipulated in Clause 7, Article 23 of the Social Insurance Law, is not publicly posted;

b) Failing to carry out the procedure for confirming unemployment insurance contributions for employees, preventing them from completing the necessary documents to receive unemployment benefits as required;

c) Failing to provide, or providing incomplete information, regarding mandatory social insurance and unemployment insurance contributions for employees when requested by the employee or trade union.

3. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on employers who fail to provide accurate, complete, and timely information and documents related to the payment and receipt of compulsory social insurance and unemployment insurance as requested by competent state agencies and social insurance agencies.

4. A fine of 12% to 15% of the total amount of mandatory social insurance and unemployment insurance contributions due at the time of the administrative violation report, but not exceeding VND 75.000.000, shall be imposed on employers who commit one of the following acts:

a) Late payment of mandatory social insurance and unemployment insurance contributions;

b) Paying social insurance and unemployment insurance contributions at levels lower than prescribed, but not constituting evasion of contributions;

c) Paying social insurance and unemployment insurance contributions for an insufficient number of people who are eligible to participate in mandatory social insurance and unemployment insurance does not constitute evasion of contributions.

5. A fine of 18% to 20% of the total amount of mandatory social insurance and unemployment insurance contributions due at the time of the administrative violation report, but not exceeding VND 75.000.000, shall be imposed on employers who fail to pay mandatory social insurance and unemployment insurance contributions for all employees subject to mandatory social insurance and unemployment insurance, but whose actions do not yet warrant criminal prosecution.

6. A fine of VND 50.000.000 to VND 75.000.000 shall be imposed on employers who evade mandatory social insurance and unemployment insurance contributions, but whose actions do not yet warrant criminal prosecution.

7. Remedial measures

a) To compel the payment of mandatory social insurance and unemployment insurance contributions due for violations of the regulations specified in Clauses 4, 5, and 6 of this Article;

b) The employer shall be required to pay interest equal to twice the average investment interest rate of the social insurance fund in the immediately preceding year, calculated on the amount and duration of delayed, non-payment, or evasion of contributions; if this is not done, at the request of the competent authority, the bank, other credit institution, or the State Treasury shall be responsible for deducting from the employer's deposit account the unpaid or delayed amount and interest on this amount, calculated at the highest non-term deposit interest rate published by state-owned commercial banks at the time of the penalty, into the social insurance agency's account for violations of the provisions of Clauses 4, 5, and 6 of this Article for 30 days or more.

Article 39. Violations of regulations on preparing documents to receive social insurance and unemployment insurance benefits.

1. A fine of between VND 1.000.000 and VND 2.000.000 shall be imposed on employees who commit any of the following violations:

a) Making false declarations or altering, erasing, or falsifying information related to social insurance and unemployment insurance benefits, but not to the extent of incurring criminal liability;

b) Failure to notify the Employment Service Center as required when the employee finds employment within 15 working days from the date of submitting the application for unemployment benefits;

c) Individuals receiving unemployment benefits who fail to notify the Employment Service Center as required when falling into one of the following categories: having a job; performing military service or police service; receiving a monthly pension; attending a training course for a period of 12 months or more.

2. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on employers who falsify or distort the content of social insurance and unemployment insurance records to fraudulently obtain social insurance and unemployment insurance benefits, provided that the act does not yet constitute a criminal offense, for each falsified or distorted social insurance and unemployment insurance record.

3. Remedial measures

The offender is required to return to the social insurance organization the social insurance and unemployment benefit amounts received as a result of violating the provisions of Clauses 1 and 2 of this Article.

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

1. A fine of VND 1.000.000 to VND 2.000.000 will be imposed on each employee for violations, but not exceeding VND 75.000.000, for employers who fail to pay occupational accident and disease insurance benefits within 10 days of receiving the funds from the social insurance agency.

2. A fine ranging from 18% to 20% of the total amount of mandatory social insurance benefits of employees that the employer has misappropriated at the time of the administrative violation report, but not exceeding VND 75.000.000, shall be imposed on employers who misappropriate mandatory social insurance benefits of their employees.

3. A fine of VND 2.000.000 to VND 4.000.000 shall be imposed on employers who fail to notify the Employment Service Center where their workplace is located of any changes in employment at their unit, as required by law.

4. A fine of VND 2.000.000 to VND 4.000.000 will be imposed on each employee for violations, but not exceeding VND 75.000.000 for employers who commit any of the following acts:

a) Failure to create a file for mandatory social insurance and unemployment insurance for employees within 30 days from the date of signing the labor contract, employment contract, or recruitment;

b) Failure to prepare the application or request within the time limit stipulated in Clause 2 of Article 102, Clause 1 of Article 103, Clause 1 of Article 110, and Clause 2 of Article 112 of the Social Insurance Law;

c) Not referring workers who fall under the categories specified in Article 47 of the Law on Occupational Safety and Health and Article 55 of the Law on Social Insurance to the Medical Examination Board for assessment of reduced work capacity;

d) Failure to return the social insurance book to the employee as stipulated in Clause 5, Article 21 of the Social Insurance Law.

5. A fine of VND 2.000.000 to VND 4.000.000 shall be imposed on vocational education institutions that commit any of the following acts:

a) Vocational training organizations that do not provide the full duration of the course that the worker participating in unemployment insurance registered for will be fined an additional 150.000.000 VND per worker for each violation, but not exceeding 150,000,000 VND.

b) Agreeing with individuals or organizations to profit from vocational training support funds for each violation that does not yet warrant criminal prosecution.

6. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed on employers who, after receiving financial support for training, retraining, and upgrading vocational skills to maintain employment for their employees, organize and implement training, retraining, and upgrading vocational skills for their employees in a manner inconsistent with the plan approved by the competent authority.

7. Remedial measures

a) To compel the full payment of occupational accident and disease insurance benefits to employees for violations of the provisions of Clause 1 of this Article;

b) To compel vocational education institutions to provide vocational training for the full duration of the course registered by the worker participating in unemployment insurance, in case of violations of the regulations specified in point a, clause 5 of this Article, if the worker so requests;

c) Require vocational education institutions to return the illegally obtained funds to the state budget for violations of the regulations specified in point b, clause 5 of this Article;

d) To compel the employer to reimburse the employee the amount of mandatory social insurance benefits that were misappropriated from the employee, plus interest calculated at the highest interest rate for demand deposits published by state-owned commercial banks at the time of the penalty for violations of the provisions of Clause 2 of this Article.

Chapter IV

VIOLATIONS, FORMS OF PENALTIES, PENALTY LEVELS, AND REMEDIAL MEASURES FOR VIOLATIONS IN THE FIELD OF SENDING VIETNAMESE WORKERS ABROAD UNDER CONTRACT

Article 41. Violations of operating conditions of enterprises providing services for sending workers abroad (hereinafter referred to as service enterprises)

1. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed on service businesses that commit any of the following acts:

a) Failure to publish the License for providing services to send workers abroad as required by regulations;

b) Failure to publicly display the decision of the service enterprise assigning tasks to the branch and a copy of the license for providing overseas employment services of the service enterprise at the branch's headquarters;

c) Failure to report changes in the leadership of operations for sending Vietnamese workers abroad as required by regulations.

2. A fine of VND 20.000.000 to VND 40.000.000 shall be imposed on service businesses that commit any of the following acts:

a) Failure to notify the branch of the assignment of tasks to carry out the service of sending Vietnamese workers to work abroad as required by law;

b) Using leaders to manage the operation of sending Vietnamese workers abroad who do not have a university degree or higher;

c) Employing a leader or manager in the operation of sending Vietnamese workers abroad who does not have at least 03 years of experience in the field of sending Vietnamese workers abroad or in the field of international cooperation and relations.

3. A fine of VND 50.000.000 to VND 70.000.000 shall be imposed on service businesses that commit any of the following acts:

a) Failure to implement the organizational structure for sending Vietnamese workers abroad as prescribed, from the date of issuance of the license to operate services for sending workers abroad;

b) Failure to implement a plan to establish a specialized organizational structure to provide necessary training for Vietnamese workers before they go to work abroad, from the date of issuance of the license to operate services for sending workers to work abroad.

4. A fine of VND 150.000.000 to VND 180.000.000 shall be imposed on service businesses that commit any of the following acts:

a) Assigning tasks to more than 03 branches in provinces and centrally-administered cities;

b) Assigning tasks to branches in a manner inconsistent with legal regulations;

c) The branch of the service enterprise exceeds the scope of its assigned tasks regarding the sending of Vietnamese workers abroad or performs tasks in a manner inconsistent with the provisions of the law;

d) Sending workers abroad during periods of temporary suspension or termination of labor supply contracts, temporary suspension of operations, or after receiving notification that the license to operate overseas labor export services will not be renewed.

5. A fine of VND 180.000.000 to VND 200.000.000 shall be imposed on service businesses that commit any of the following acts:

a) Using the operating license for sending Vietnamese workers abroad issued by another enterprise to organize the sending of Vietnamese workers to work abroad;

b) Allowing other organizations or individuals to use the business's license to provide overseas employment services to send Vietnamese workers to work abroad;

c) Assigning the task of managing the operation of sending Vietnamese workers abroad to a person who has previously managed another service enterprise whose license to operate overseas employment services has been revoked, or to a person who is currently under disciplinary action ranging from a warning upwards for violating regulations of the law on sending Vietnamese workers abroad.

6. Additional forms of punishment

a) Suspend the operation of sending workers abroad for a period of 01 to 03 months for violations specified in points a, b, and c of Clause 4 of this Article;

b) Suspend the operation of sending workers abroad for a period of 4 to 04 months for violations of the regulations specified in points b and c of clause 2, point d of clause 06, and points b and c of clause 5 of this Article.

7. Remedial measures

The employer is required to return to the employee the money collected from them, plus interest calculated at the highest interest rate for demand deposits published by state-owned commercial banks at the time of the penalty for violating the regulations specified in point d, clause 4 of this Article.

Article 42. Violations of regulations on contract registration and reporting of sending workers abroad.

1. A fine of VND 5.000.000 to VND 10.000.000 shall be imposed for the act of failing to submit periodic or ad hoc reports, or submitting dishonest reports, on the activities of sending Vietnamese workers abroad as prescribed by law.

2. Fines shall be imposed for the act of sending Vietnamese workers abroad in excess of the number registered in the Labor Supply Contract or Internship Contract approved by the competent state agency, according to one of the following levels:

a) From 20.000.000 VND to 40.000.000 VND when the number of registered participants exceeds the limit by 01 to 10 people;

b) From 60.000.000 VND to 100.000.000 VND when the number of registered participants exceeds 11 to 50 people;

c) From VND 150.000.000 to VND 180.000.000 when the number of registered participants exceeds 50 people.

3. A fine of VND 75.000.000 to VND 90.000.000 shall be imposed on enterprises that win bids, organizations, or individuals investing abroad who send Vietnamese workers abroad without reporting or who have reported but have not yet received approval from the competent state agency.

4. A fine of VND 150.000.000 to VND 180.000.000 shall be imposed for the act of sending workers abroad for employment without registering the Labor Supply Contract, the Internship Contract, or having registered but not yet received approval from the competent state agency.

5. Additional forms of punishment

The operation of sending Vietnamese workers abroad shall be suspended for a period of 06 to 12 months for service enterprises that violate the provisions of Clauses 3 and 4 of this Article.

Article 43. Violations of regulations on selection, signing, and termination of contracts.

1. A fine of VND 20.000.000 to VND 40.000.000 shall be imposed on service businesses that commit any of the following acts:

a) Failing to coordinate with local authorities to publicly announce and provide workers with complete information about the number of positions, selection criteria, and contract terms as required when recruiting workers in the locality;

b) Not making commitments to workers regarding the waiting time for departure after they have been selected to work abroad;

c) Not directly recruiting workers.

2. A fine of VND 50.000.000 to VND 80.000.000 shall be imposed on enterprises and organizations sending workers abroad who commit any of the following acts:

a) Failure to sign employment contracts with workers as required by law;

b) The contract signed with the employee does not clearly state the costs that the employee is responsible for, as required by regulations;

c) Failure to terminate or termination of contracts for sending workers abroad in violation of regulations;

d) The content of the contract for sending workers abroad, the employment contract, or the internship contract does not conform to the registered labor supply contract or internship contract;

d) The content of the contract for sending workers abroad between the winning bidder, contractor, or overseas investment organization and the worker, or the labor contract, does not conform to the report on sending Vietnamese workers abroad as prescribed.

3. Additional forms of punishment

Suspension of the labor supply contract for a period of 01 to 03 months for violations of the regulations specified in Clause 2 of this Article.

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

1. A fine of VND 2.000.000 to VND 5.000.000 shall be imposed on businesses and organizations that commit any of the following acts:

a) Failure to register the required training certificate template for Vietnamese workers going to work abroad as stipulated;

b) Failure to provide employees with the necessary training materials as required by regulations;

c) Failure to compile sufficient training materials to provide employees with the necessary knowledge as required by regulations.

2. A fine of VND 20.000.000 to VND 40.000.000 shall be imposed on businesses and organizations that commit any of the following acts:

a) Failing to adequately provide workers with the necessary training before they go to work abroad as required by regulations;

b) Failure to conduct or inadequately conduct examinations and certifications for workers after they have participated in necessary training courses.

3. A fine of VND 80.000.000 to VND 100.000.000 shall be imposed on service businesses that commit any of the following acts:

a) Not organizing or collaborating with vocational education institutions or training centers to provide vocational skills and foreign language training for workers going to work abroad as required by labor supply contracts;

b) Failure to provide necessary training to workers before they go to work abroad as required by regulations.

4. Additional forms of punishment

a) Suspend the labor supply contract for a period of 3 to 03 months for violations of the regulations specified in Clause 06 of this Article;

b) Suspend the labor supply contract for a period of 06 to 12 months in case of repeated violations of the provisions of Clause 3 of this Article.

5. Remedial measures

For violations of the regulations in Clause 3 of this Article, the employer shall be required to provide vocational skills training, foreign language training, and necessary knowledge training for employees, or to reimburse any training fees collected from employees (if any).

Article 45. Violations of regulations on the collection, payment, management, and use of brokerage fees, deposit fees, service fees, and other fees collected from workers; and contributions to the Overseas Employment Support Fund.

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on service businesses for committing any of the following acts:

a) Failing to guide and assist workers in applying for support from the Overseas Employment Support Fund, or failing to transfer support funds to workers as required;

b) Certificates of participation in the Overseas Employment Support Fund will not be issued to workers as required.

2. A fine of between VND 20.000.000 and VND 40.000.000 shall be imposed on service businesses for committing any of the following acts:

a) Failure to fully pay the contributions of workers to the Overseas Employment Support Fund as required;

b) Failing to make full contributions to the Overseas Employment Support Fund as required.

3. A fine of between VND 80.000.000 and VND 100.000.000 shall be imposed on service businesses for violating any of the following acts:

a) Collect recruitment fees from workers;

b) Collecting, managing, using, or refunding brokerage fees in violation of regulations;

c) Collecting service fees from workers in violation of regulations;

d) Failure to refund or incomplete refund to the worker of the service fee corresponding to the remaining duration of the Overseas Employment Contract in cases where the worker has paid the service fee for the entire contract period but has to return home before the contract expires due to no fault of the worker;

d) Failure to pay employee contributions to the Overseas Employment Support Fund as required;

e) Failure to contribute to the Overseas Employment Support Fund as required.

4. A fine of VND 150.000.000 to VND 200.000.000 shall be imposed on service businesses that commit any of the following acts:

a) No refund of fees paid by workers to service businesses due to the failure to send workers to work abroad;

b) Collecting, managing, and using employee deposit money in violation of regulations;

c) Failure to deposit the required security deposit amount in full and on time as stipulated;

d) Failure to ensure that the enterprise maintains the required deposit amount at the bank.

5. Additional forms of punishment

The following activities related to sending Vietnamese workers abroad are suspended:

a) From 01 to 3 months for violations of the regulations specified in Clause 03, and points c and d of Clause 4 of this Article;

b) From 4 to 04 months for violations of the regulations specified in point b, clause 06 of this Article;

c) From 06 to 12 months for violations of the regulations specified in point a, clause 4 of this Article.

6. Remedial measures

a) Compulsory payment of the full amount into the Overseas Employment Support Fund as prescribed for violations of the regulations specified in points a and b of clause 2, and points d and e of clause 3 of this Article;

b) To compel full reimbursement to employees for violations of regulations specified in points c and d of clause 3, and point a of clause 4 of this Article;

c) Mandatory deposit of the required security deposit amount for violations of the regulations specified in points c and d of Clause 4 of this Article.

Article 46. Violations of regulations on organizing the sending of workers abroad and managing workers abroad.

1. A fine of between VND 20.000.000 and VND 40.000.000 for one of the following acts:

a) Failure to report the list of workers departing for overseas employment to Vietnamese diplomatic missions and consular offices abroad as required;

b) Failure to coordinate with Vietnamese diplomatic missions and consular offices abroad in managing and protecting the legitimate rights of workers while they are working overseas.

2. A fine of between VND 50.000.000 and VND 80.000.000 for one of the following acts:

a) Failing to organize, manage, and protect the legitimate rights and interests of workers sent abroad by the enterprise as required by regulations;

b) Failure to promptly address issues arising from the death of workers, work-related accidents, occupational diseases, violations of life, health, honor, dignity, or property, or to resolve disputes related to workers.

3. A fine of between VND 80.000.000 and VND 100.000.000 for one of the following acts:

a) Exploiting the activity of sending Vietnamese workers abroad to organize consultations, recruitment, training, and collect money from workers;

b) Exploiting the activity of sending Vietnamese workers abroad to organize the illegal sending of Vietnamese citizens abroad;

c) Sending Vietnamese workers abroad without a license to operate a service for sending Vietnamese workers abroad under contract, and not falling under the category of enterprises that have won bids or received contracts to send workers abroad, or organizations or individuals investing abroad sending workers abroad, or enterprises sending workers abroad in the form of skill-enhancing internships;

d) Sending workers to work in areas, sectors, occupations, and jobs that are prohibited or not permitted by the receiving country.

4. Additional forms of punishment

The business of sending workers abroad for employment shall be suspended for a period of 06 to 12 months for violations of the regulations specified in Clause 2, and points a, b, and d of Clause 3 of this Article.

5. Remedial measures

a) To compel the repatriation of workers at the request of the receiving country or the competent state agency of Vietnam for violations of the provisions of Clause 2, Point d of Clause 3 of this Article;

b) The employer shall be required to repay the amount collected from the employee plus interest calculated at the highest interest rate for demand deposits published by state-owned commercial banks at the time of the penalty for violating the provisions of point a, clause 3 of this Article.

Article 47. Violations by workers going to work abroad and certain other related parties.

1. A fine of VND 2.000.000 to VND 5.000.000 shall be imposed on employees who fail to register their individual employment contracts with the competent state agency as required by law.

2. A fine of between VND 80.000.000 and VND 100.000.000 for one of the following acts:

a) Staying abroad illegally after the expiration of an employment contract;

b) Absconding from the place of employment under a contract, not due to forced labor;

c) After entering the receiving country, the worker fails to report to the workplace as stipulated in the contract.

3. Remedial measures

Deportation is mandatory for violations of the regulations specified in points a, b, and c of Clause 2 of this Article.

Chapter V

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES AND DRAW UP ADMINISTRATIVE VIOLATION RECORDS; PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES

Section 1. AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES AND DRAW UP ADMINISTRATIVE VIOLATION RECORDS

Article 48. Authority to draw up administrative violation reports

The authority to draw up administrative violation reports for administrative violations stipulated in this Decree includes:

1. Persons authorized to impose administrative penalties as stipulated in Articles 49, 50, 51, 52, 53, and 54 of this Decree shall do so according to their assigned functions, duties, and powers.

2. Public officials and employees who are performing inspection and supervision duties related to labor, social insurance, and sending Vietnamese workers abroad under contract.

Article 49. Authority of the Chairman of the People's Committee to impose penalties

1. The Chairman of the People's Committee at the commune level has the right to:

a) Caution;

b) A fine of up to 5.000.000 VND.

2. The Chairman of the District People's Committee has the right to:

a) Caution;

b) Fines of up to VND 37.500.000 for administrative violations in the fields of labor and social insurance, and up to VND 50.000.000 for administrative violations in the field of sending Vietnamese workers abroad under contract;

c) Applying the supplementary penalties prescribed in Chapter II, except for the supplementary penalties prescribed in Clause 5, Article 31 of this Decree;

d) Applying remedial measures as prescribed in Chapters II and III of this Decree.

3. The Chairman of the Provincial People's Committee has the right to:

a) Caution;

b) Fines of up to VND 75.000.000 for administrative violations in the fields of labor and social insurance, and up to VND 100.000.000 for administrative violations in the field of sending Vietnamese workers abroad under contract;

c) Applying the supplementary penalties prescribed in Chapters II and IV, except for the supplementary penalties prescribed in Clause 5, Article 31 of this Decree;

d) Applying remedial measures as prescribed in Chapters II, III, and IV of this Decree.

Article 50. Authority of Labor Inspectors to impose penalties

1. Labor inspectors and those assigned to carry out specialized inspections while on duty have the right to issue warnings for administrative violations in the fields of labor and social insurance as stipulated in Chapters II and III of this Decree.

2. The Chief Inspector of the Department of Labor, War Invalids and Social Affairs has the right to:

a) Caution;

b) Fines of up to VND 37.500.000 for administrative violations in the fields of labor and social insurance, and up to VND 50.000.000 for administrative violations in the field of sending Vietnamese workers abroad under contract;

c) Applying the supplementary penalties prescribed in Chapters II and IV, except for the supplementary penalties prescribed in Clause 5, Article 31 of this Decree;

d) Applying remedial measures as prescribed in Chapters II, III, and IV of this Decree.

3. The Chief Inspector of the Ministry of Labour, Invalids and Social Affairs has the right to:

a) Caution;

b) Fines of up to VND 75.000.000 for administrative violations in the fields of labor and social insurance, and up to VND 100.000.000 for administrative violations in the field of sending Vietnamese workers abroad under contract;

c) Applying the supplementary penalties prescribed in Chapters II and IV, except for the supplementary penalties prescribed in Clause 5, Article 31 of this Decree;

d) Applying remedial measures as prescribed in Chapters II, III, and IV of this Decree.

4. The head of the Ministry-level labor inspection team has the right to:

a) Caution;

b) Fines of up to VND 52.500.000 for administrative violations in the fields of labor and social insurance, and up to VND 70.000.000 for administrative violations in the field of sending Vietnamese workers abroad under contract;

c) Applying the supplementary penalties prescribed in Chapters II and IV, except for the supplementary penalties prescribed in Clause 5, Article 31 of this Decree;

d) Applying remedial measures as prescribed in Chapters II, III, and IV of this Decree.

5. The head of the labor inspection team at the Department level, and the head of the specialized inspection team of the state management agency assigned to perform specialized inspection functions regarding labor, social insurance, and sending Vietnamese workers abroad under contract, have the right to:

a) Caution;

b) Fines of up to VND 37.500.000 for administrative violations in the fields of labor and social insurance, and up to VND 50.000.000 for administrative violations in the field of sending Vietnamese workers abroad under contract;

c) Applying the supplementary penalties prescribed in Chapters II and IV, except for the supplementary penalties prescribed in Clause 5, Article 31 of this Decree;

d) Applying remedial measures as prescribed in Chapters II, III, and IV of this Decree.

Article 51. Authority to impose penalties of the Director of the Department of Overseas Labor Management

The Director of the Department of Overseas Labor Management has the authority to impose administrative penalties for violations of the regulations stipulated in Chapter IV of this Decree:

1. Warning penalty.

2. Fines of up to 100.000.000 VND.

3. Apply the additional penalties stipulated in Chapter IV of this Decree.

4. Apply the remedial measures stipulated in Chapter IV of this Decree.

Article 52. Authority to impose penalties of the Director of the Department of Occupational Safety

The Director of the Department of Occupational Safety has the authority to impose administrative penalties for violations of the regulations stipulated in Articles 19, 20, 21, 22, 23, 24, 25, and 26 of this Decree:

1. Warning penalty.

2. Fines of up to 75.000.000 VND.

3. Apply the additional penalties stipulated in Articles 24, 25, and 26 of this Decree.

4. Apply the remedial measures stipulated in Articles 21, 22, 24, and 25 of this Decree.

Article 53. Authority of the Social Insurance Agency to impose penalties

1. The Director of the provincial social insurance agency has the right to:

a) Caution;

b) Fines of up to VND 37.500.000 shall be imposed for violations concerning social insurance and unemployment insurance contributions as stipulated in Article 38 of this Decree;

c) Apply the remedial measures stipulated in Clause 7, Article 38 of this Decree.

2. The Director General of Vietnam Social Security has the right to:

a) Caution;

b) Fines of up to VND 75.000.000 shall be imposed for violations concerning social insurance and unemployment insurance contributions as stipulated in Article 38 of this Decree;

c) Apply the remedial measures stipulated in Clause 7, Article 38 of this Decree.

3. The head of the specialized inspection team, established by the Director General of Vietnam Social Security, has the right to:

a) Caution;

b) Fines of up to VND 52.500.000 shall be imposed for violations concerning social insurance and unemployment insurance contributions as stipulated in Article 38 of this Decree;

c) Apply the remedial measures stipulated in Clause 7, Article 38 of this Decree.

Article 54. Authority of other agencies to impose penalties

1. The head of a diplomatic mission, consular office, or other agency authorized to perform consular functions of the Socialist Republic of Vietnam abroad has the right to impose penalties for administrative violations stipulated in Chapter IV of this Decree:

a) Caution;

b) Fines up to 100.000.000 VND;

c) Applying remedial measures to force the repatriation of workers at the request of the receiving country or of the competent state agency of Vietnam as stipulated in Chapter IV of this Decree.

2. The Director of the Immigration Department and the Director of the provincial police have the authority to impose penalties and apply supplementary penalties for administrative violations as stipulated in Clause 3, Article 31 of this Decree.

Section 2. PENALTY PROCEDURES

Article 55. Procedures for handling administrative violations in the activity of sending workers abroad for employment outside the territory of Vietnam.

1. Vietnamese workers who are fined abroad can pay the fine at Vietnamese diplomatic missions or consular offices overseas.

2. Fines shall be collected in Vietnamese Dong. If collected in foreign currency, the amount shall be converted to Vietnamese Dong according to the exchange rate of the commercial bank at the time of the penalty.

3. The Ministry of Labour, Invalids and Social Affairs shall preside over and coordinate with the Ministry of Foreign Affairs, the Ministry of Finance, and the Ministry of Justice to guide the procedures for handling administrative violations in the activities of sending workers abroad outside the territory of Vietnam.

Chapter VI

TERMS ENFORCEMENT

Article 56. Enforcement

1. This Decree takes effect from March 15, 4.

2. Government Decree No. 95/2013/ND-CP dated August 22, 2013, stipulating administrative sanctions for violations in the fields of labor, social insurance, and sending Vietnamese workers abroad under contract, and Government Decree No. 88/2015/ND-CP dated October 7, 2015, amending and supplementing a number of articles of Government Decree No. 95/2013/ND-CP dated August 22, 2013, stipulating administrative sanctions for violations in the fields of labor, social insurance, and sending Vietnamese workers abroad under contract, shall cease to be in effect from the date this Decree takes effect.

3. The act of staying abroad illegally after the expiration of the contract, as stipulated in point a, clause 2, Article 47 of this Decree, is an ongoing administrative violation, and the statute of limitations for penalties will be calculated from the time the violation is discovered.

Article 57. Transitional provisions

For administrative violations in the fields of labor, social insurance, and sending Vietnamese workers abroad under contract that occurred before the effective date of this Decree but were only discovered or are currently under consideration and resolution, the penalties stipulated in this Decree shall apply if this Decree does not prescribe legal liability or prescribes lighter legal liability for the violating individuals and organizations.

Article 58. Responsibility for guidance and implementation

1. The Minister of Labour, Invalids and Social Affairs is responsible for guiding and inspecting the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree.

Recipients: - Party Central Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies and government-attached agencies; - People's Councils, People's Committees of provinces and centrally-run cities; - Central Office and Party Committees; - Office of the General Secretary; - Office of the President; - National Council and Committees of the National Assembly; - Congress office; - Supreme People's Court; - People's Procuratorate of the Supreme; - National Financial Supervisory Committee; - State Audit; - Bank for Social Policy; - Vietnam Development Bank; – Central Committee of the Vietnam Fatherland Front; - Central agency of unions; - VPCP: Chairman, Deputy Chairmen, TT Assistant, General Director of the Portal, departments, agencies, units, Official Gazette; – Save: VT, KGVX(2b).

TM. GOVERMENT PRIME MINISTER Nguyen Xuan Phuc