Decree 28/2020/ND-CP March 1, 2020 promulgates the Decree on administrative penalties for violations arising from labour, social insurance and sending Vietnamese workers abroad under contracts, take effect from April 15, 2020.
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GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 28/2020/ND-CP |
Hanoi, March 1, 2020 |
DECREE
ADMINISTRATIVE PENALTIES FOR VIOLATIONS ARISING FROM LABOUR, SOCIAL INSURANCE AND SENDING VIETNAMESE WORKERS ABROAD UNDER CONTRACTS
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Administrative Penalties dated June 20, 2012;
Pursuant to the Labour Code dated June 18, 2012;
Pursuant to the Law on Employment dated November 16, 2013;
Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015;
Pursuant to the Law on Trade Unions dated June 20, 2012;
Pursuant to the Law on Social Security dated November 20, 2014;
Pursuant to the Law on Vietnamese Workers Working under Employment Contracts in Foreign Countries dated November 29, 2006;
Upon the request of the Minister of Labour - Invalids and Social Affairs;
The Government hereby promulgates the Decree on administrative penalties for violations arising from labour, social insurance and sending Vietnamese workers abroad under contracts.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes identification of violations, sanctioning forms, levels, relief measures, sanctioning competence, competence to issue penalty notices and procedures for sanctioning administrative violations arising from labour, social insurance and sending Vietnamese workers to work abroad under contracts.
Article 2. Subjects of application
1. Employers, workers and other individuals and organizations committing administrative violations in the field of labour, social insurance, sending Vietnamese workers to work abroad under contracts as provided in this Decree.
2. Persons having sanctioning competence and competence to issue penalty notices as prescribed in Chapter V in this Decree.
3. Other agencies, organizations and individuals involved in the sanctioning of administrative violations as prescribed in this Decree.
Article 3. Sanctioning forms
1. Organizations and individuals that commit acts of administrative violations in the field of labour, social insurance, sending Vietnamese workers to work abroad under contracts, shall be sanctioned in the form of principal sanctions, including warning or monetary sanction or charge.
2. Depending on the nature and degree of violation, the violating individual or organization may be subject to one or multiple supplementary penalties as follows:
a) Depriving violating licensees of the right to hold labour subleasing licenses for a period of between 1 and 3 months or between 06 and 12 months;
b) Depriving violating inspectors of the right to use the Certificate of Inspector from 01 month to 03 months
c) Confiscating labour sublease licenses;
d) Confiscating certificates of eligibility for training in occupational safety and hygiene;
dd) Confiscating the certificate of eligibility to provide occupational safety inspection services;
e) Confiscating inspector credentials;
g) Suspending training activities for the period from 01 month to 03 months;
h) Suspending inspection activities for the period from 01 month to 03 months;
i) Suspending environmental observation activities for the period from 03 months to 06 months;
k) Suspending activities related to sending workers abroad for the period of between 1 month and 03 months, or between 04 months and 06 months, or between 06 months and 12 months;
l) Suspending labour supply contracts for the period of between 01 month and 03 months, or between 03 months and 06 months, or between 06 months and 12 months;
m) Expelling foreign workers working in Vietnam.
Article 4. Mitigation and relief measures
In addition to the sanctioning forms specified in Article 3 herein, individuals and organizations committing administrative violations may also be subject to one or several of the following remedies:
1. Compelling offenders to return the money collected to employees.
2. Compelling offenders to return original copies of travel documents, qualifications and certificates of employees.
3. Compelling offenders to return travel documents to domestic workers.
4. Compelling offenders to return the amount of money or property that has been seized or impounded from employees, plus the amount of interest on the money seized or impounded from these employees.
5. Compelling offenders to submit illicit gains arising from carrying out labour subleasing activities.
6. Compelling offenders to submit illicit gains from conducting acts of abusing vocational training and apprenticeship to make profits, exploit labour force, entice or force vocational trainees or apprentices to perform illegal activities.
7. Compelling offenders to reimburse production and business establishments hiring occupational safety and sanitation training services for training expenses plus interest on such expenses.
8. Compelling vocational training institutions to return the ill-gotten money into the state budget.
9. Compelling offenders to reimburse employees for the employee's compulsory social insurance premiums and their interest.
10. Compelling offenders to conclude labour contracts with employees or conclude authorized labour contracts with employees.
11. Compelling offenders to conclude written employment contracts with domestic workers.
12. Compelling offenders to extend labour contracts with part-time trade union officers.
13. Compelling offenders to pay wages and salaries in full.
14. Compelling offenders to pay wages and salaries in full plus interest on late payment or insufficient payment of wages or salaries.
15. Compelling payment of wages to employees during those days when they have not reinstated employees after the expiry of the period of temporary suspension of labour contract performance.
16. Compelling labour subleasing enterprises to pay wage or salary differentials to employees.
17. Compelling offenders to pay apprentices or other occupational trainees when committing acts of failure to pay apprentices or vocational trainees during the period of apprenticeship or vocational training who directly produce or take part in manufacturing of conforming products.
18. Compelling offenders to make full payment of wages or salaries to employees during the period of temporary suspension of their work.
19. Compelling offenders to pay employees wages and salaries during the temporary closure of their workplace.
20. Compelling offenders to pay wages and salaries to part-time trade union workers during their duty period.
21. Compelling offenders to offer overtime pay to employees.
22. Compelling offenders to completely carry out procedures for confirming and returning other papers kept in impound custody to employees.
23. Compelling offenders to get employees back to work.
24. Compelling offenders to get employees back to work and fully pay them wages and salaries accruing during the day-off period.
25. Compelling offenders to get workers back to work and fully pay wages, salaries, social insurance and health insurance contributions during those days when workers are not allowed to work.
26. Compelling offenders to issue public apology to employees and fully pay treatment costs and salaries to employees during the treatment period if such infringement causes injury to the employee's body to the extent that he or she must be treated at health facilities.
27. Compelling offenders to make full payment of severance or unemployment allowances to employees, plus interest on the amount not yet paid.
28. Compelling offenders to make full payment in proportion to the rates of social insurance, health insurance, unemployment insurance and annual leave allowances to employees.
29. Compelling offenders to repay employees perquisites converted into cash at the prescribed rates.
30. Compelling offenders to pay travel costs to domestic workers.
31. Compelling full payment of social insurance and health insurance contributions to social insurance policies of domestic workers.
32. Compelling offenders to fully pay occupational accident and disease insurance coverage to their affected employees.
33. Compelling offenders to pay employees pension and compensation amounts, plus the amounts of interests on these payments.
34. Compelling violating employers to pay co-payments and other expenses not on the list of expenses covered by health insurance to health insurance-protected employees suffering from occupational accidents and diseases.
35. Compelling violating employers to pay all charges for services ranging from first aid, emergency care to stabilization to workers suffering from occupational accidents and diseases without being protected by health insurance.
36. Compelling violating employers to pay costs of medical examination for assessment of the level of incapacity to work for cases in which it is concluded that the affected employee’s capacity to work is decreased by less than 5% after the employer recommends him/her to take medical examination for assessment of his/her capacity to work at Medical Examination Council.
37. Compelling cancellation of training results that have already been provided.
38. Compelling cancellation of results of inspection and repayment of inspection costs, plus the amount of interest thereon.
39. Compelling offenders to ensure provision of all working conditions necessary for operations of trade unions, and spare time needed for trade union officers.
40. Enforcing compulsory rectification of incorrect information.
41. Compelling offenders to assure collective interests and benefits for full-time trade union officers which are the same as other workers in the same organization.
42. Enforcing the employer to pay trade union dues that are overdue, are underpaid or unpaid, or on which the amount of interest is unpaid or overdue.
43. Compelling offenders to pay back social insurance benefits and unemployment allowance amounts already received to social security authorities.
44. Compelling offenders to make full payments to the Overseas Employment Support Fund in accordance with regulations in force.
45. Enforcing provision of escrow deposits in accordance with laws.
46. Enforcing vocational training institutions to provide vocational training courses for the full duration of the course that employees participating in unemployment insurance have enrolled.
47. Enforcing the fostering of occupational skills, foreign languages and knowledge necessary for employees or reimbursement of employee’s training fees paid by employees (if any).
48. Compelling offenders to repatriate workers at the request of the host country or Vietnamese competent authorities.
49. Enforcing repatriation of offenders.
50. Enforcing retrospective payment of compulsory social insurance and unemployment insurance premiums which are overdue, unpaid or are not paid due to evasion of payment obligations.
51. Enforcing payment of the amount of interest charged for the amount overdue, unpaid or not yet paid due to evasion of payment obligations, which is calculated by using the interest rate that is 2 times higher than the average interest rate of investment in the social insurance fund in the preceding year.
Article 5. Fine rates and authority to impose penalties
1. The fines imposed on violations specified in Chapter II, Chapter III and Chapter IV of this Decree are those imposed on individuals, except for the cases specified in Clauses 1 and 2, Article 6; Clauses 3, 4 and 6, Article 12; Clause 2, Article 24; Clause 1, Article 25; Clauses 1, 5, 6 and 7, Article 26; Clause 5, Article 40; Clauses 1, 2, 3, 4 and 5 of Article 41; Clauses 2 and 4 of Article 42; Clauses 1 and 2, Article 43; Clauses 1, 2 and 3 of Article 44; Clauses 1, 2, 3 and 4, Article 45 of this Decree The amount of monetary penalty imposed on violating entities shall be 02 times higher than that imposed on violating persons.
2. Authority to impose administrative penalties specified in Chapter V herein is the authority to impose penalties on violating individuals. In case of imposition of a monetary penalty, authority to impose such penalty on a violating entity shall be 02 times higher than on a violating individual.
3. Violating entities subject to a fine two times higher than that imposed on violating individuals as prescribed in this Decree shall include the followings:
a) State regulatory authorities committing acts of violation, except for cases under their delegated state management;
b) Enterprises established and operating under Vietnamese laws; branches and representative offices of foreign enterprises operating in Vietnam;
c) Cooperatives or cooperative associations;
d) Public service provider units;
dd) Socio-political organizations, political and socio-professional organizations, social organizations and socio-professional organizations;
e) Diplomatic missions, consular offices, representative offices of international organizations belonging to the United Nations system, regional and sub-regional organizations;
g) Resident offices of foreign news, press, radio and television agencies;
h) International organizations, intergovernmental organizations, organizations belonging to foreign governments;
i) Non-governmental organizations;
k) Not-for-profit representative offices in Vietnam of foreign economic, commercial, financial, banking, insurance, scientific - technical, cultural, educational, medical and legal counseling organizations;
l) Educational institutions, vocational education establishments, healthcare facilities and socio-cultural establishments.
Chapter II
VIOLATING ACTS, PENALTY FORMS, RELIEF OR MITIGATION MEASURES AGAINST VIOLATIONS ARISING IN THE LABOUR SECTOR
Article 6. Violation against regulations on employment services
1. A fine from VND 500,000 to VND 1,000,000 shall be imposed on employment service providers that inform employment service activities in breach of laws.
2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed upon any employment service provider that provides false or misleading information about employee’s job positions.
3. A fine from VND 45,000,000 to VND 60,000,000 shall be imposed upon any individual or organization engaged in employment services that has neither a legally established employment service center nor a license for provision of employment services issued by a competent authority, or uses an expired employment service license.
4. Relief and mitigation measures
Compelling offenders committing the violations prescribed in Clause 3 of this Article to pay back collected amounts to employees.
Article 7. Violations arising from employee recruitment and management
1. Imposing the fine ranging from VND 1,000,000 to VND 3,000,000 on employers that commit one of the following violations:
a) Failing to publicly announce the recruitment result, or making notification of the recruitment result after 05 working days from the day on which the result is available;
b) Failing to report hiring and placement of employees as required in regulations in force to Departments or Sub-departments of Labour - Invalids and Social Affairs (with regard to employers working in industrial parks) at places where head offices, branches and representative offices of these violating employers are located;
c) Failing to report any change in the number of employees to Departments or Sub-departments of Labour - Invalids and Social Affairs (with regard to employers working in industrial parks) at places where head offices, branches and representative offices of these violating employers are located;
d) Collecting money from job candidates;
dd) Failing to make employment record books; making employment record books late, failing to include basic contents prescribed by law in these record books; failing to record and enter all information about employees into these books from the effective date of labour contract; failing to give updates in case of any change in these books.
2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for discrimination on the grounds of sex, age, race, skin color, social class, marital status, belief, religion, HIV infection or disability.
3. Relief and mitigation measures
Compelling offenders committing the violations prescribed in point d of Clause 1 of this Article to pay back collected amounts to employees.
Article 8. Violations against regulations on conclusion of employment contracts
1. Imposing fines on employers that commit one of the following violations: Failing to enter into a written labour contract with respect to jobs with a term of full 3 months or more; failing to enter into the right type of labour contract with workers; entering into a labour contract without fully covering the major contents of the labour contract; concluding labour contracts in case of hiring an employee to hold office as a director in an enterprise with State capital not prescribed by law at one of the following rates of fine:
a) A fine ranging from VND 2,000,000 to VND 5,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 5,000,000 to VND 10.000.000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 10,000,000 to VND 15,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 15,000,000 to VND 20,000,000 to be imposed if the violation involves 101 – 300 employees;
d) A fine ranging from VND 20,000,000 to VND 25,000,000 to be imposed if the violation involves 301 or more employees.
2. Imposing fines ranging from VND 20,000,000 to VND 25,000,000 on employers that commit one of the following violations:
a) Keeping originals of identification papers, diplomas and certificates of employees when concluding or performing labour contracts;
b) Requiring employees to put up money or other property as security for discharge of their contractual obligations;
c) Concluding employment contracts with persons aged from 15 to under 18 without written consent from their legal representatives.
3. Relief and mitigation measures
a) Compelling return of employee’s original identification papers, diplomas or certificates that employers committing the violations specified at Point a, Clause 2 of this Article have already kept in custody.
b) Compelling repayment of the amount of money or return of assets of employees that are held in custody of employers committing the violations specified at Point b of Clause 2 of this Article, plus the amount of interest on such money on which the highest interest rates on demand deposits publicly quoted by state-owned commercial banks are charged;
c) Compelling conclusion of the right type of employment contract with employees as a penalty for acts of failing to conclude the right type of labour contracts with employees as defined in Clause 1 of this Article.
Article 9. Violation against regulations on probation
1. Imposing fines ranging from VND 500,000 to VND 1,000,000 on employers that commit one of the following violations:
a) Requiring employees who work under casual labour contracts to undergo probation;
b) Failing to notify probationary work results as prescribed by law.
2. Imposing fines ranging from VND 2,000,000 to VND 5,000,000 on employers that commit one of the following violations:
a) Requiring workers to take probation on the same job vacancy more than once;
b) Having workers take probation for a period longer than permitted;
c) Paying wages to probationary employees at the rate of less than 85% of the minimum pay rates applied to work that they are offered;
d) Failing to conclude employment contracts with employees who keep working after their probation period.
3. Relief and mitigation measures
a) Compelling employers committing the violations specified at Point a of Clause 1 and Points a, b, c and d of Clause 2 of this Article to make full payment of wages to affected employees;
b) Compelling employers committing the violations specified at Point d of Clause 2 of this Article to conclude labour contracts with affected employees.
Article 10. Violations against regulations on execution of employment contracts
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon any employer that commits an act of temporary transfer of an employee to another job position not specified in the employment contract without 3 days’ prior notice or clear notification of the duration of such temporary transfer, or placement of jobs not suitable to the employee’s health and gender.
2. Imposing fines ranging from VND 3,000,000 to VND 7,000,000 on employers that commit one of the following violations:
a) Placing employees in jobs at places other than the ones agreed in labour contracts, except for the cases specified in Article 31 in the labour Code;
b) Refusing to give back work to employees after expiry of the period of temporary suspension of labour contracts, unless otherwise agreed upon between employers and employees;
c) Transferring employees to take up jobs other than those specified in labour contracts for improper reasons, for or in the incorrect duration, or without written consent from employees according to the provisions of law.
3. If employers coerce or maltreat employees to the extent of not being subject to criminal prosecutions, they will be fined from VND 50,000,000 to VND 75,000,000.
4. Relief and mitigation measures
Compelling employers committing the violations specified in point b of clause 2 of this Article to make payment of wages to employees during those days when they have not reinstated employees after the expiry of the period of temporary suspension of labour contracts.
Article 11. Violations against regulations on modification, revision or termination of employment contracts
1. Imposing fines on employers that commit one of the following violations: Changing the term of labour contract more than once by using labour contract annexure or the one changing the type of labour contract already in effect, except for cases of extension of the term of labour contract with the older person and with the part-time trade union officer defined in Clause 6 of Article 192 in the labour Code; failing to strictly comply with regulations on the time limit for payment of employees' benefits upon termination of labour contract; failing to pay or fully pay severance or unemployment allowances to employees according to law provisions; failing to pay or fully pay compensation to employees in case of unilateral termination of labour contracts in breach of law; failing to completely give endorsement and return other papers of employees that they keep in their custody to employees after termination of labour contracts as prescribed by law, at the following rates:
a) A fine ranging from VND 1,000,000 to VND 2,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 2,000,000 to VND 5,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 5,000,000 to VND 10,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 10,000,000 to VND 15,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 15,000,000 to VND 20,000,000 to be imposed if the violation involves 301 or more employees.
2. Imposing fines ranging from VND 5,000,000 to VND 10,000,000 on employers that commit one of the following violations:
a) Laying off 02 or more employees without consulting with internal employee representation associations or without informing provincial labour authorities at least 30 days in advance in case of any change in organization structure, technology or for financial reasons;
b) Failing to make employee placement plans as prescribed by law.
3. Relief and mitigation measures
a) Compelling full payment of severance and unemployment allowances to employees plus the amount of interest charged on the unpaid amount which is calculated at the highest interest rate of demand deposits quoted by state-owned commercial banks at the time of imposition of sanctions for acts of failing to pay or insufficiently pay severance or unemployment allowances to employees regulated in Clause 1 of this Article;
b) Compelling completion of procedures for giving endorsement and returning other papers that have been kept in custody to employees with respect to acts of failing to complete procedures for giving endorsement and returning other papers of employees held in custody after contract termination according to Clause 1 of this Article.
Article 12. Violations against labour sublease regulations
1. Imposing fines ranging from VND 1,000,000 to VND 3,000,000 on sub-lessee employers that commit one of the following violations:
a) Failure to inform or instruct re-employed employees about labour and other regulations of the employer's enterprise;
b) Discrimination regarding working conditions in which re-hired employees are less preferred than other employees of the employer unit.
2. Imposing fines ranging from VND 40,000,000 to VND 50,000,000 on sub-lessee employers that commit one of the following violations:
a) Re-hiring employees to perform activities that are not on the list of job duties permitted for labour sublease;
b) Signing labour sublease contracts with labour sub-lessors that are not licensed to provide manpower outsourcing services;
c) Re-hiring employees when the labour sub-lessee employer is involved in any labour-related dispute or strike, or re-hiring employees to replace those who are exercising their rights to go on strike or are having their labour disputes settled;
d) Re-hiring employees to replace those who are fired due to changes in structure, technology, corporate merger, consolidation, division or separation processes or for economic reasons.
3. Imposing fines ranging from VND 1,000,000 to VND 3,000,000 on sub-lessor enterprises that commit one of the following violations:
a) Failing to make a clear record of the number of re- hired employees, sub-lessor employers and labour sublease fees;
b) Failing to make a labour sublease report under laws;
c) Failing to publicly post the original of the labour sublease license at the head office and the certified true copy of the original of such license at any branch or representative office of the sub-lessor enterprise;
d) Failing to send a report in time in case of an incident related to labour outsourcing activities to local competent state authorities or at the request of state labour regulatory authorities.
4. Imposing fines on sub-lessor enterprises that commit one of the following violations: Paying wages to re-hired employees at a lower rate than other employees holding the same qualification, doing the same job or the work of equal value at the sub-lessee party; failing to notify or untruthfully notify the employee of terms and conditions of the labour sublease contract; subleasing employees of their own accord without receiving any mutual consent from the employee, at the following rates of fine:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 20,000,000 to VND 40,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 40,000,000 to VND 60,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 60,000,000 to VND 80,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 80,000,000 to VND 100.000.000 to be imposed if the violation involves 301 or more employees.
5. Imposing the fine ranging from VND 50,000,000 to VND 75,000,000 for one of the following violations:
a) Providing labour sublease services without any license;
b) Transferring re-hired employees to other employers;
c) Using an expired labour sublease license to provide labour sublease services.
6. Imposing fines ranging from VND 80,000,000 to VND 100,000,000 on sub-lessor enterprises that commit one of the following violations:
a) Letting enterprises, organizations or individuals use their labour sublease licenses to provide labour outsourcing services;
b) Re-hiring employees to perform activities that are not on the list of job duties permitted for labour sublease;
c) Subleasing employees for the duration exceeding 12 months;
d) Sub-leasing employees when the labour sub-lessor enterprise is involved in any labour-related dispute or strike, or sub-leasing employees as substitutes for those who are exercising their rights to go on strike or are having their labour disputes settled;
dd) Tampering with information shown on the labour sublease license that has already been granted to the extent of not being subject to criminal prosecution.
7. Supplemental penalties
a) Imposing the penalty in the form of deprivation of the rights to use labour sublease licenses for a period between 1 month and 03 months for acts of violations specified in Points c, d and dd of Clause 4 of this Article;
b) Imposing the penalty in the form of deprivation of the rights to use labour sublease licenses for a period between 6 months and 12 months for acts of violations specified in points a, b, c and d of Clause 6 of this Article;
c) Imposing the penalty in the form of confiscation of labour sublease licenses already granted for acts of violations specified in point dd of clause 6 of this Article.
8. Relief and mitigation measures
a) Compelling sub-lessor enterprises committing violations specified in clause 4 of this Article to pay wage or salary differentials to their employees;
b) Compelling offenders committing violations specified in Clause 5 of this Article to repay ill-gotten gains from labour subleasing activities to the state budget.
Article 13. Violations against regulations on training, occupational qualification and skill development courses
1. Imposing fines on employers that commit one of the following violations: Failing to provide vocational training for workers before transferring them to other occupations or job duties; failing to enter into vocational training contracts with apprentices or job trainees; failing to pay trainees salaries for their apprenticeship or job training period during which they directly or indirectly make conforming products; failing to enter into labour contracts with apprentices or job trainees upon the expiry of the apprenticeship or job training duration, at one of the following rates:
a) A fine ranging from VND 500,000 to VND 2,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 2,000,000 to VND 5,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 5.000.000 to VND 10,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 10,000,000 to VND 15,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 15,000,000 to VND 20,000,000 to be imposed if the violation involves 301 or more employees.
2. Imposing fines ranging from VND 20,000,000 to VND 25,000,000 on employers that commit one of the following violations:
a) Taking advantage of vocational training and apprenticeship to make an illicit profit, exploit labour or entice or force apprentices or job trainees to illegal activities;
b) Recruiting people under 14 years old to apprenticeship or job training, except for occupations and jobs permitted by law.
3. Relief and mitigation measures
a) Compelling offenders to pay apprentices or other occupational trainees when they commit acts of failure to pay apprentices or vocational trainees during the period of apprenticeship or vocational training who directly produce or take part in manufacturing of conforming products as provided in clause 1 of this Article;
b) Compelling offenders committing violations prescribed in point a of clause 2 of this Article to repay illicit gains from conducting acts of abusing vocational training and apprenticeship to make profits, exploit labour force, entice or force vocational trainees or apprentices to perform illegal activities.
Article 14. Violations against workplace conversation regulations
1. Imposing fines ranging from VND 500,000 to VND 1,000,000 on employers that commit one of the following violations:
a) Failing to carry out grassroots democracy regulations;
b) Failing to provide location and other physical accommodation for workplace conversations.
2. Imposing the fine ranging from VND 2,000,000 to VND 5,000,000 on employers that fail to carry out conversations at workplace that representatives from labour collectives require.
Article 15. Violations against regulations on collective bargaining or collective bargaining agreements
1. Imposing fines ranging from VND 500,000 to VND 1,000,000 on employers that commit one of the following violations:
a) Failing to send collective bargaining agreements to state regulatory authorities in accordance with regulations;
b) Failing to pay expenses for bargaining, conclusion, revision, supplementation, delivery and announcement of collective bargaining agreements;
c) Failing to publish the contents of collective labour agreements already signed with employees.
2. Imposing fines ranging from VND 3,000,000 to VND 5,000,000 on employers that commit one of the following violations:
a) Failing to provide information on production and business performance when being required by labour collectives in order to proceed to carry out collective bargaining;
b) Failing to carry out collective bargaining to conclude or amend or supplement collective labour agreements upon receipt of the request from the demanding party.
3. Imposing the fine ranging from VND 10,000,000 to VND 15,000,000 on employers that fail to carry out collective bargaining agreements declared null and void.
Article 16. Violations against regulations on wages and salaries
1. Imposing fines ranging from VND 2,000,000 to VND 5,000,000 on employers that commit one of the following violations:
a) Failing to publish the pay scales, pay charts, labour norms and reward rules at the workplace;
b) Failing to make pay record books and present them to competent authorities upon their request;
c) When changing the form of payment, the violating employer has not informed the employee at least 10 days in advance.
d) Failing to make pay scales, pay charts or labour norms;
dd) Using pay scales, pay charts or labour norms in breach of regulations after receipt of opinions about revision and supplementation thereof from district-level labour authorities;
e) Failing to consult with organizations representing labour collectives at the grassroots level when formulating pay scales, pay charts, labour norms and reward rules.
2. Imposing fines on employers that commit one of the following violations: Making late wage payments; failing to make payment or making underpayment of wages and salaries to employees in breach of labour contracts between employers and employees; failing to make payment or make underpayment of wages to employees working in arduous, hazardous or dangerous jobs, or extremely arduous, hazardous or dangerous jobs, or jobs requiring occupational training or education according to regulations of laws; paying wages at the level lower than the one prescribed in the pay scale and pay chart submitted to district-level labour authorities; failing to make payment or making underpayment of wages for overtime work, night-shift work or temporary work suspension to employees as prescribed by law; deducting wages or salaries of employees in breach of law provisions; making payment of wages to employees in breach of regulations in case of temporary transfer of employees to other jobs not agreed upon in labour contracts, during temporary work suspension or during strikes, or during the employee’s residual days-off; at the following rates:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 20,000,000 to VND 30,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 30,000,000 to VND 40,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 40,000,000 to VND 50,000,000 to be imposed if the violation involves 301 or more employees.
3. Fines shall be imposed upon employers who pay their workers lower than the prescribed region-specific minimum pay rates prescribed by the Government at the following rates:
a) A fine ranging from VND 20,000,000 to VND 30,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 30,000,000 to VND 50,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 50,000,000 to VND 75,000,000 if the violation involves 51 or more workers.
4. Fines shall be imposed upon employers if they commit acts of failing to pay an extra amount which equals to the amount of compulsory social insurance, compulsory health insurance, unemployment insurance, and annual leave allowance to employees who are not required to participate in compulsory social insurance, compulsory health insurance, unemployment insurance as prescribed by law at the following rates:
a) A fine ranging from VND 3,000,000 to VND 5,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 5,000,000 to VND 8,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 8,000,000 to VND 12,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 12,000,000 to VND 15,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 15,000,000 to VND 20,000,000 to be imposed if the violation involves 301 or more employees.
5. Relief and mitigation measures
a) Compelling the full repayment of wage and salary plus the amount of late payment interest calculated at the highest demand deposit interest rates publicly quoted by state-owned commercial banks on the date of imposition of such penalty for the violations specified in clause 2 and 3 of this Article;
b) Compelling offenders that commit the violations prescribed in clause 4 of this Article to make full payment in proportion to the rates of compulsory social insurance, health insurance, unemployment insurance and annual leave allowance to employees.
Article 17. Violations against regulations on work and rest time
1. Imposing fines ranging from VND 2,000,000 to VND 5,000,000 on employers that commit one of the following violations:
a) Failing to provide necessary conditions to allow workers to rest at intervals between working sessions, between working shifts, or take personal leave, or take unpaid leave as prescribed in existing regulations;
b) Failing to shorten working hours for employees in their last working years before their retirement as prescribed by law;
c) Failing to send written notifications of overtime work totaling between more than 200 and 300 hours a year to competent authorities assisting People’s Committees of provinces and centrally-affiliated cities in state management of labour issues.
2. Imposing the fines ranging from VND 10,000,000 to VND 20,000,000 on employers that commit violations against laws on legal weekly days-off, annual days-off or statutory public holidays or New Year’s holidays.
3. Imposing fines ranging from VND 20,000,000 to VND 25,000,000 on employers that commit one of the following violations:
a) Setting normal working time longer than the statutory working hours;
b) Mobilizing staff and employees to work overtime without their consent, except for the case in Article 107 of the labour Code.
4. Fines shall be imposed upon employers who mobilize their staff to work overtime in excess of the hours prescribed in point b of clause 2 of Article 106 in the labour Code, or in excess of 12 hours each day when working overtime during public holidays, New Year’s holidays, and weekly days-off, at the following rates:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 20,000,000 to VND 40,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 40,000,000 to VND 60,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 60,000,000 to VND 75,000,000 to be imposed if the violation involves 301 or more employees.
Article 18. Violations against regulations on labour disciplines and material responsibilities
1. Fines ranging from VND 500,000 to VND 1,000,000 shall be imposed upon employers that fail to publicly notify or display main contents of labour rules at necessary sites at workplace.
2. Imposing fines ranging from VND 5,000,000 to VND 10,000,000 on employers that commit one of the following violations:
a) Failing to put written labour rules in use if they use at least 10 employees;
b) Failing to register labour rules with regulatory labour authorities at the provincial level;
c) Using labour rules that have not yet been in effect or has become null and void;
d) Imposing disciplinary actions and paying compensations for any losses that may arise in accordance with laws;
dd) Temporarily suspending staff or employees in breach of laws.
3. Imposing the fine ranging from VND 10,000,000 to VND 15,000,000 on employers that commit one of the following violations:
a) Infringing on the body and dignity of employees when disciplining staff or employees to the extent of not being liable to criminal prosecution;
b) Imposing penalties in the form of fines or salary cuts instead of labour-related disciplinary actions;
c) Disciplining employees who commit violations that are not prescribed in labour rules;
d) Imposing multiple labour-related disciplinary actions for an act of violation against labour disciplines.
4. Relief and mitigation measures
a) Compelling offenders committing the violations prescribed in point d of Clause 3 of this Article to repay amounts received from or fully pay wages or salaries to employees;
b) Compelling offenders committing the violations prescribed in point d of clause 2 and point c of clause 3 of this Article to reinstate their employees to work and fully pay them wages and salaries accruing during the period that they are away from work;
c) Compelling employers committing the violations specified at Point dd of Clause 2 of this Article to make full payment of wages to employees affected during the period of temporary suspension of work;
d) Compelling offenders committing the violations prescribed in point a of clause 3 of this Article to issue public apologies to employees and fully pay medical treatment costs and salaries to employees during their medical treatment period if any abuse causes bodily injury to employees to the extent that he or she needs medical care at healthcare facilities.
Article 19. Violations against regulations on reporting of labour safety and hygiene at work
1. Fines ranging from VND 500,000 to VND 1,000,000 shall be imposed upon employees failing to submit timely reports to responsible persons when detecting risks of leading to technical defects that are likely to threat labour safety, hygiene or result in occupational accidents or diseases.
2. Fines ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon any employer that fails to report or make inadequate, inaccurate and late reports on labour safety and hygiene according to the provisions of law.
3. Fines ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon employees failing to submit periodic statistical reports on occupational accidents or technical defects threatening labour safety, hygiene or resulting in occupational accidents or diseases according to the provisions of law.
Article 20. Violations against regulations on occupational safety and hygiene measures
1. Fines ranging from VND 500,000 to VND 1,000,000 shall be imposed upon any employer failing to make occupational and environmental hygiene dossiers with respect to harmful factors and occupational disease prevention and control according to the provisions of law.
2. Imposing fines ranging from VND 5,000,000 to VND 10,000,000 on employers that commit one of the following violations:
a) Failing to formulate, issue and implement plans, rules and regulations on occupational safety and sanitation at workplace, or formulating them without consulting with the grassroots trade union executive committees;
b) Failing to assign departments or persons to take charge of occupational safety and hygiene or healthcare tasks, or managing to assign persons to take charge of occupational safety and hygiene or healthcare tasks who do not meet all of the requirements prescribed by law;
c) Failing to run adequate first aid and emergency forces at workplace as legally prescribed;
d) Failing to train first aid and emergency forces at workplace as legally prescribed;
dd) Failing to make labour classification by compiling the list of arduous, hazardous or dangerous jobs or extremely arduous, hazardous or dangerous ones, based on which particular policies and regulations may be applied.
3. Fines ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on employers that commit one of the following violations:
a) Failing to carry out periodic inspection and maintenance of machinery, equipment, factories or other facilities in accordance with regulations currently in force;
b) Failing to provide staff and employees with equipment meeting occupational safety and hygiene standards at workplace in accordance with regulations in force;
c) Failing to develop and adopt emergency response and rescue plans at workplace;
d) Failing to develop plans to take measures to ensure occupational safety and hygiene at workplace for staff and employees when building, expanding or renovating construction structures and facilities used for production, use, maintenance and storage of machines, equipment, supplies or substances subject to strict occupational safety and hygiene requirements;
dd) Failing to investigate occupational accidents falling under their jurisdiction as prescribed by law; failing to declare or untruthfully declaring occupational accidents and technical incidents leading to any serious failure in occupational safety and hygiene;
e) Failing to ensure adequate shower rooms and toilets at workplace as prescribed by law;
g) Failing to equip technical and medical equipment to ensure rescue and first aid tasks to be performed on time in case of technical incidents resulting in any serious failure in occupational safety and hygiene, or occupational accidents.
Article 21. Violations against regulations on prevention and control of occupational accidents and diseases
1. Fines ranging from VND 500,000 to VND 1,000,000 shall be imposed on employees that commit one of the following violations:
a) Failing to use personal protective equipment that they have already been provided;
b) Failing to get involved in responding to emergencies, breakdowns or accidents at work upon receipt of orders from employers or competent regulatory authorities.
2. Any employers that do not provide regular health check-ups and medical examinations for occupational diseases for their employees, except in cases where they have made these services available to their employees, but these employees refuse to enjoy these services, shall be fined from VND 1,000,000 to VND 3,000,000 per each employee, but not exceeding VND 75,000,000.
3. Any employers that do not provide their employees with health check-ups before they are transferred to more arduous, hazardous and dangerous jobs, or when they are fully recovered and resume working after suffering from occupational accidents or diseases, except in cases where they have already obtained work incapacity assessment reports from Medical Examination Council, shall be fined from VND 5,000,000 to VND 10,000,000 per each employee, but not exceeding VND 75,000,000.
4. Any employers that commit the following acts of violation shall be fined from VND 10,000,000 to VND 15,000,000 per each employee, but not exceeding VND 75,000,000:
a) Failing to provide medical treatment, care and functional rehabilitation for employees suffering occupational diseases or accidents;
b) Failing to assign work suitable to health condition of employees suffering from occupational diseases or occupational accidents according to the conclusions of the Medical Examination Council.
5. Fines ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on employers that commit one of the following violations:
a) Failing to provide information on occupational accidents, occupational diseases, dangerous and harmful factors and occupational safety and hygiene measures at workplace for employees;
b) Failing to identify and assess hazardous and harmful factors at workplace.
6. Fines ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon any employers that do not plan, carry out and consolidate assessments of risks of occupational safety and hygiene that exist at production and business establishments posing high risks of occupational accidents or diseases.
7. Fines ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on any employer that commits one of the following violations:
a) Failing to promptly take remedial measures or stop operation of machines, equipment or entire workplace having potential risks of occupational accidents or diseases;
b) Failing to carry out decontamination and disinfection measures for their staff and employees working in areas affected by contaminant or infectant agents;
c) Failing to undertake emergency response and rescue when risks are detected or any labour accident or technical emergency situation occurs, leading to any failure occupational safety and hygiene at workplace beyond their control.
8. Any employer that commits one of the following violations shall be fined as follows: Failing to provide or insufficiently providing personal protective equipment, or providing such equipment that does not meet quality standards, conform to predetermined specifications or has not yet obtained certificates of compliance with applicable technical regulations or standards, for staff or employees assigned work containing dangerous and hazardous factors; failing to grant allowances or benefits in kind or granting them at the rates incompliant with statutory ones; paying money in lieu of allowances or benefits in kind to employees working in contact with hazardous or harmful factors, at one of the following rates:
a) A fine ranging from VND 3,000,000 to VND 6,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 6,000,000 to VND 10,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 10,000,000 to VND 15,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 15,000,000 to VND 20,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 20,000,000 to VND 30,000,000 to be imposed if the violation involves 301 or more employees.
9. Fines ranging from VND 25,000,000 to VND 40,000,000 shall be imposed upon any employer that violates national technical regulations on occupational safety and hygiene (except for the violations specified in Clause 7 of this Article and clause 1 of Article 23 herein).
10. Fines ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon any employer that forces their employees to work or not to leave workplace when there is any risk of occupational accident likely to seriously endanger their health or life, or force them to keep working when such risk has not been controlled.
11. Relief and mitigation measures
Compelling offenders to make payment of allowances or benefits in kind to employees that are converted into money at the statutory rates applied to acts of failing to pay allowances or benefits in kind, or paying them at the rates not conforming to the statutory ones to employees working under hazardous and dangerous conditions under clause 8 of this Article.
Article 22. Violations against regulations on employer’s liabilities in case of occupational accidents or diseases
1. Any employers that commit the following acts of violation shall be fined from VND 1,000,000 to VND 3,000,000 per each employee, but not exceeding VND 75,000,000:
a) Failing to provide first aid or emergency care services to employees suffering accidents or diseases at work;
b) Failing to pay Compelling violating employers to pay co-payments and other expenses not on the list of expenses covered by health insurance to health insurance-protected employees suffering from occupational accidents and diseases.
Failing to make advance payment of all charges for first aid and medical emergency care services, and make full payment of all medical costs incurred from first aid, medical emergency care and medical treatment to stabilization of patient’s health condition, to health insurance-unprotected employees that suffer from occupational accidents and diseases;
d) Failing to pay costs of medical examination for assessment of the level of incapacity to work for cases in which it is concluded that the affected employee’s capacity to work is decreased by less than 5% after the employer recommends him/her to take medical examination for assessment of his/her capacity to work at the Medical Examination Council.
dd) Failing to pay or unduly paying benefits or compensations to employees who are suffering from occupational accidents or diseases under regulations in force.
2. Imposing fines on employers that commit one of the following violations: Discriminating against an employee on the grounds that the employee refuses to work or abandons his/her workplace when he/she clearly sees a risk of an occupational accident seriously threatening his/her life or health; discriminating against an employee assigned to perform occupational safety and hygiene tasks, a hygiene specialist or a medical worker on the grounds that he/she carries out or performs his/her assigned work or tasks at the employer’s establishment at one of the following rates:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 20,000,000 to VND 30,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 30,000,000 to VND 40,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 40,000,000 to VND 50,000,000 to be imposed if the violation involves 301 or more employees.
3. Relief and mitigation measures
a) Compelling employers committing the violations specified in point b of clause 1 of this Article to pay co-payments and other expenses not on the list of expenses covered by the health insurance plan to health insurance-protected employees suffering from occupational accidents and diseases;
b) Compelling employers committing the violations prescribed in point c of clause 1 of this Article to pay all charges for services ranging from medical first aid, emergency care to stabilization of health condition to employees suffering from occupational accidents and diseases without being protected by the health insurance plan;
c) Compelling employers committing the violations prescribed in point d of clause 1 of this Article to pay costs of medical examination for assessment of the level of incapacity to work for cases in which it is concluded that the affected employee’s capacity to work is decreased by less than 5% after the employer recommends him/her to take medical examination for assessment of his/her capacity to work at Medical Examination Council.
d) Compelling employers committing the violations specified in point dd of clause 1 of this Article to make the full repayment of benefits and compensations, plus the amount of late payment interest calculated at the highest demand deposit interest rates publicly quoted by state-owned commercial banks on the date of imposition of such penalty.
Article 23. Violations against regulations on use of machines and equipment subject to strict occupational safety and hygiene requirements at workplace
Entities or persons violating regulations on use of machines, equipment or accessories subject to strict occupational safety requirements at workplace shall be fined as follows:
1. A fine ranging from VND 1,000,000 to VND 2,000,000 for any act of failing to obtain registration for use of machines, equipment or accessories subject to strict occupational safety requirements at workplace with local Departments of Labour - Invalids and Social Affairs within the duration of 30 days before or after putting them to use.
2. A fine ranging from VND 5,000,000 to VND 10,000,000 for any act of failing to deposit and keep custody of technical dossiers of machines, equipment or accessories subject to strict occupational safety requirements at workplace.
3. A fine ranging from VND 15,000,000 to VND 20,000,000 for any act of violating provisions laid down in national technical regulations on labour hygiene and safety for use of machines, equipment or accessories subject to strict occupational safety requirements at workplace; using machines, equipment or accessories subject to strict occupational safety requirements at workplace that have not yet been certified as compliant with respective national technical regulations; using machines, equipment or accessories subject to strict occupational safety requirements at workplace which are of unclear origin or expire.
4. A fine which is from two to three times higher than total costs of inspection of machines, equipment or accessories subject to strict occupational safety requirements at workplace in violation of existing regulations (calculated the minimum costs prescribed by competent authorities), but not less than VND 20,000,000 and exceeding VND 75,000,000 at maximum, for any act of failing to carry out inspections before use or failing to carry out periodic inspections during use.
5. A fine ranging from VND 50,000,000 to VND 75,000,000 for any act of ongoing use of machines, equipment or accessories subject to strict occupational safety requirements at workplace that have been tested, though test results show their failure to meet prescribed requirements.
Article 24. Violations against regulations on labour safety and hygiene training activities
1. Fines shall be imposed on employers who fail to provide occupational safety and hygiene training courses to their staff and employees as prescribed by law, or make arrangements with training institutions under which they can attaining training results without participating in any training courses at the following rates:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 20,000,000 to VND 30,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 30,000,000 to VND 40,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 40,000,000 to VND 50,000,000 to be imposed if the violation involves 301 or more employees.
2. labour safety and hygiene training institutions committing violations against regulations on labour safety and hygiene training activities shall be fined at one of the following rates:
a) A fine between VND 1,000,000 and VND 3,000,000 for acts of failing to report on occupational safety and hygiene training activities as prescribed by law; failing to notify competent authorities when organizing occupational safety and hygiene training activities according to training framework programs designed for employees performing occupational safety and hygiene tasks (group 2), employees who perform work subject to strict requirements (group 3), occupational safety and trainers as prescribed by law;
b) A fine ranging from VND 10,000,000 to VND 20.000.000 for one of the following violations: Providing inadequate contents of compulsory training courses designed according to legally prescribed framework programs; hiring any trainers who do not meet trainer’s qualification standards; failing to provide necessary training facilities according to regulations in force; providing none of training materials for trainees;
c) A fine ranging from VND 30,000,000 to VND 50,000,000 for one of the following violations: Providing training results without any training courses that have been provided; providing training results inconsistent with training contents;
d) A fine ranging from VND 50,000,000 to VND 70,000,000 to be imposed if the training institution holds none of Certificate of fulfillment of training requirements, or is subject to a decision on suspension of occupational safety and hygiene training activities, or has the Certificate of fulfillment of occupational safety and hygiene training requirements withdrawn, or continues to provide their training services even though their Certificate has expired, or provides training with contents falling outside of the activities specified in the Certificate; tampers with the contents of the Certificate of fulfillment of occupational safety and hygiene training requirements not to the extent that they are liable to criminal prosecution.
3. Employers committing any act of providing occupational safety and hygiene training courses on their own when in breach of regulations on occupational safety and hygiene training activities shall be fined at one of the following rates:
a) A fine between VND 1,000,000 and VND 3,000,000 for acts of failing to report on occupational safety and hygiene training activities as prescribed by law; failing to notify competent authorities when organizing occupational safety and hygiene training activities according to training framework programs designed for employees performing occupational safety and hygiene tasks (group 2), employees who perform work subject to strict requirements (group 3), occupational safety and trainers as prescribed by law;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed for one of the following violations: Providing inadequate contents of compulsory training courses designed according to legally prescribed framework programs; hiring any trainers who do not meet trainer’s qualification standards; failing to provide necessary training facilities according to regulations in force; providing none of training materials for trainees;
c) A fine ranging from VND 15,000,000 to VND 25,000,000 to be imposed for one of the following violations: Providing training results without any training courses that have been provided; providing training results inconsistent with training contents;
d) A fine ranging from VND 25,000,000 to VND 35,000,000 to be imposed if any employers organize training courses falling into the cases where the Certificate of fulfillment of occupational safety and hygiene training requirements is required without holding it, or are subject to a decision on suspension of occupational safety and hygiene training activities, or have the Certificate of fulfillment of occupational safety and hygiene training requirements withdrawn, or continue to provide their training services even though their Certificate has expired; provide training with contents falling outside of the activities specified in the Certificate or outside the scope of training activities declared conforming to occupational safety and hygiene training requirements; tamper with the contents of the Certificate of fulfillment of occupational safety and hygiene training requirements not to the extent that they are liable to criminal prosecution.
4. Supplemental penalties
a) Suspension of training activities for the duration from 01 month to 03 months, which is imposed on occupational safety and hygiene training providers that commit the violations specified at points c and d of clause 2 of this Article, and on employers providing occupational safety and hygiene training on their own that commit the violations specified in points c and d of clause 3 of this Article;
b) Confiscation of the Certificate of fulfillment of occupational safety and hygiene training requirements, which is imposed as a form of penalty for any act of tampering with information contained in the Certificate of fulfillment of occupational safety and hygiene training requirements as provided in point d of clause 2 and point d of clause 3 of this Article.
5. Relief and mitigation measures
d) Compelling offenders committing the violations specified in point b, c and d of clause 2 of this Article to make the full refund of training costs, plus the amount of interest on such refund calculated at the highest demand deposit interest rates publicly quoted by state-owned commercial banks on the date of imposition of such penalty;
b) Compelling revocation of training results already provided, which is imposed as a penalty for the violations specified in point b, c and d of clause 2, and point b, c and d of clause 3, of this Article.
Article 25. Violations against regulations on occupational safety and hygiene engineering inspection activities
1. If organizations providing occupational safety engineering inspection services commit any violation against regulations on occupational safety engineering inspection activities, they shall be fined as follows:
a) A fine ranging from VND 1,000,000 to VND 3,000,000 for any act of failure to report on occupational safety and hygiene engineering inspection activities as required by regulations in force;
b) A fine ranging from VND 3,000,000 to VND 5,000,000 to be imposed for one of the following violations: Failing to inform competent authorities issuing Certificates of fulfillment of inspection service provision requirements whenever there is any change in certificate holders' main office addresses or branches;
c) A fine ranging from VND 40,000,000 to VND 50,000,000 to be imposed for one of the following violations: Providing occupational safety inspection services outside the scope of business activities stated in the Certificate of fulfillment of inspection service provision requirements; failing to comply with regulations on inspection procedures; hiring inspection practitioners who are deprived of the rights to use, or subject to the revocation of, inspector credentials or practicing certificates, or use expired inspector credentials or practicing certificates to conduct inspection activities; hiring persons who have not yet obtained inspector credentials or practicing certificates to conduct inspections; hiring any inspection practitioner before he/she has not yet signed labour contracts or piecework contracts; failing to maintain compliance with the regulations on inspection service requirements set out in Certificates of fulfillment of inspection service provision requirements; failing to ensure conformance to objectivity, independence or arm's length principles in providing inspection services;
c) A fine ranging from VND 80,000,000 to VND 100,000,000 to be imposed for one of the following violations: Providing false inspection results; providing inspection results without any inspection to be carried out;
dd) A fine ranging from VND 130,000,000 to VND 150,000,000 to be imposed for one of the following violations: Carrying out inspection activities when the Certificate of fulfillment of inspection service provision requirements has expired, or during the period of suspension of inspection services, or during the period of being subject to decisions on withdrawal or deprivation of the rights to use the Certificate of fulfillment of occupational safety engineering inspection requirements; tampering with information contained in the Certificate of fulfillment of inspection service provision requirements not to the extent that they are liable to criminal prosecution.
2. A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed for one of the following violations:
c) Failing to comply with inspection procedures issued by competent regulatory authorities;
b) Rendering inspection services to occupational safety engineering inspection service providers without obtaining the Certificate of fulfillment of occupational safety inspection service provision requirements.
3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon any inspection practitioner that carries out the inspection in the event that his/her inspector credential or practicing certificate has expired; his/her inspection activities fall outside of the scope of service activities specified in his/her inspector credential or practicing certificate; his/her inspector credential or practicing certificate is revoked or withdrawn.
4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon any individual person providing inspection services if he/she does not hold any inspector credential or practicing certificate.
5. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for any act of rendering inspection services without any Certificate of fulfillment of inspection service provision requirements.
6. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed upon inspection practitioners who commit any act of tampering with information contained in inspector credentials or practicing certificates that they have already been granted not to the extent that they are liable to criminal prosecution.
7. Supplemental penalties
a) Suspension of provision of inspection services for the duration from 01 month to 03 months for occupational safety inspection service providers committing any violation referred to in point d of clause 1 of this Article;
b) Confiscation of the Certificate of fulfillment of occupational safety engineering inspection provision requirements, which is imposed as a penalty for any act of tampering with information contained in Certificates of fulfillment of inspection service provision requirements as provided in point dd of clause 1 of this Article;
c) Confiscation of inspector credentials or practicing certificates, which is imposed as a penalty for any violation specified in clause 6 of this Article;
d) Deprivation of the rights to use inspector credentials or practicing certificates for the duration from 01 month to 03 months, which is imposed as a form of penalty for inspection practitioners carrying out inspection activities falling outside of service activities specified in inspector credentials or practicing certificates as provided in clause 3 of this Article.
8. Relief and mitigation measures
Compelling cancellation of inspection results and repayment of inspection costs plus the amount of interest thereon which is calculated at the highest demand deposit interest rates publicly quoted by state-owned commercial banks on the date of imposition of penalty for the violations referred to in point c, d and dd of clause 1 of this Article, except an act of tampering with information contained in Certificates of fulfillment of inspection service provision requirements already available for use not the extent of being liable to criminal prosecution.
Article 26. Violations against regulations on occupational environment monitoring
1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for one of the following violations: Failing to send annual performance assessment reports to competent regulatory authorities in accordance with regulations in force; failing to inform competent regulatory authorities of any change in addresses of main offices or branches; failing to join training courses on updated knowledge about legislative policies, scientific achievements and technological advances regarding occupational environment monitoring activities in accordance with existing regulations.
2. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for any employer that fails to publicly inform employees working at sites where occupational environment monitoring activities take place, and places where inspection, assessment and management of dangerous factors at workplace are carried out, immediately after receipt of results thereof.
3. Fines ranging from VND 20,000,000 to VND 40,000,000 shall be imposed upon any employer failing to carry out occupational environment monitoring activities in order to control harmful effects on employee’s health in accordance with law.
4. If any employers collude with occupational environment monitoring organizations to perform fraudulent acts related to occupational environment monitoring activities not to the extent of being liable to criminal prosecution, they will be fined from VND 40,000,000 to VND 60,000,000.
5. If enterprises and organizations render occupational environment monitoring services without being recognized as conforming to requirements concerning provision of occupational environment monitoring services in accordance with law, they shall be fined from VND 50,000,000 to VND 75,000,000.
6. A fine ranging from VND 80,000,000 to VND 120,000,000 shall be imposed upon organizations providing occupational environment monitoring services for one of the following violations: Colluding with employers to perform fraudulent acts relating to occupational environment monitoring activities not to the extent of being liable to criminal prosecution; carrying out occupational environment monitoring activities in contravention of statutory procedures.
7. A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed upon occupational environment monitoring organizations that produce environmental monitoring results without carrying out environmental monitoring activities in accordance with regulations in force.
8. Supplemental penalties
Suspension of provision of environmental monitoring services for the duration from 03 months to 06 months for the violations prescribed in clause 5, 6 and 7 of this Article.
Article 27. Violations against female employee regulations
1. Fines ranging from VND 500,000 to VND 1,000,000 shall be imposed on any employer that commits one of the following violations:
a) Failing to consult female employees or their representatives when deciding issues related to the rights and interests of these female employees.
b) Failing to allow female employees to rest 30 minutes a day during their menstruation.
2. Fines ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on any employer that commits one of the following violations:
a) Allowing female workers to work overtime, work at night and go on business trips in one of the following cases: They are pregnant from the 7th month, or from the 6th month of pregnancy if they work in highland, remote, isolated, border and island regions; they are raising their children under 12 months old;
b) Failing to make work transfer or reduction in working hours for pregnant female employees in the 7th month of pregnancy onwards who are doing heavy work as prescribed in clause 2 of Article 155 in the labour Code;
c) Failing to allow female employees that are raising their children aged under 12 months to rest 60 minutes a day;
d) Failing to reinstate female employees in their previous posts after end of their maternity leave period as prescribed in clause 1 and clause 3 of Article 157 in the labour Code, unless these previous posts are no longer available;
dd) Imposing labour-related disciplinary actions on female employees who are pregnant or take paid leave for childbirth in accordance with law on social insurance, or are raising children under 12 months of age;
e) Sacking or unilaterally terminating employment contracts with female employees for such reasons as marriage, pregnancy, maternity leave or care for their infants aged under 12 months, except when violating employers are individuals who are dead, is judged incapable of civil acts, missing or dead by the Court, or when employers who are not individuals closing their business not to the extent to being liable to criminal prosecution.
g) Employing female employees to do any work that female employees are prohibited from doing as prescribed in Article 160 in the labour Code.
3. Relief and mitigation measures
a) Compelling employers committing the violations specified at point b of clause 1 and point c of clause 2 of this Article to make full payment of overtime wages;
b) Compelling offenders committing the violations prescribed in point e of clause 2 of this Article to reinstate employees in their previous posts.
Article 28. Violations against underage employee regulations
1. Fines ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on any employer that commits any act of failing to make separate record books, or making separate record books lacking contents prescribed in clause 2 of Article 162 in the labour Code when hiring underage employees, or failing to present record books upon the request of competent authorities.
2. Fines ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on any employer that commits one of the following violations:
a) Employing any person aged between 13 years and under 15 years without signing any written labour contract with his/her legal representative or without his/her consent;
b) Hiring underage employees to work in excess of working hours prescribed in clause 2 of Article 163 in the labour Code;
c) Hiring persons under 15 years of age to work overtime or at night;
d) Hiring persons aged between 15 years to under 18 years to work overtime or at night, except several activities or work permitted by law.
3. Fines ranging from VND 50,000,000 to VND 75,000,000 shall be imposed on any employer that commits one of the following violations:
a) Employing underage workers to do heavy, hazardous or dangerous jobs, work at workplaces or with jobs adversely affecting their personality according to the list issued by the Ministry of Labour - Invalids and Social Affairs in collaboration with the Ministry of Health, or employing underage workers to do jobs or work at workplaces where hiring of them is banned as prescribed in Article 165 in the labour Code not to the extent of being liable to criminal prosecution;
b) Employing underage workers aged from 13 years to under 15 years to do work not in the legally permitted list according to the provisions of clause 1 of Article 164 in the labour Code;
c) Employing underage workers aged under 13 years to do work not in the legally permitted list according to the provisions of clause 3 of Article 164 in the labour Code.
Article 29. Violations against regulations on domestic workers or servants
1. Warnings shall be given as a form of penalty imposed on any employer that commits one of the following violations:
a) Failing to enter into written employment contracts with domestic workers;
b) Failing to pay them travel costs when they quit their work and turning back to their residences, except in cases where they decide to terminate employment contracts before the agreed-upon expiry date.
2. Fines ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on any employer that commits one of the following violations:
a) Keeping original copies of travel documents of domestic workers;
b) Refusing to pay domestic workers sums of money so that they can decide to make contributions to the social insurance or health insurance plans on their own in accordance with laws.
3. Relief and mitigation measures
a) Compelling employers committing the violations specified at point a of clause 1 of this Article to conclude written labour contracts with affected domestic workers;
b) Compelling employers committing the violations specified in point b of clause 1 of this Article to make full repayment of travel and mileage costs to domestic workers;
c) Compelling employers committing the violations specified in point a of clause 2 of this Article to return their travel documents;
d) Compelling employers committing the violations specified in point b of clause 2 of this Article to make full payment of sums of money that they can pay as contributions to the social insurance and health insurance plan.
Article 30. Violations against older worker regulations
Fines ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon any employer that commit any act of hiring older workers to do arduous, hazardous or dangerous work likely to adversely affect their health in accordance with regulations in force.
Article 31. Violations against regulations regarding foreign workers in Vietnam
1. Fines ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on any employer that commits one of the following violations:
a) Failing to send or including incorrect contents and time limits in review reports on foreign workers at the request of state regulatory authorities in charge of labour affairs;
b) Failing to send copies of the signed labour contracts to work permit-issuing bodies in case foreign workers work under labour contracts.
2. Fines ranging from VND 5,000,000 to VND 10,000,000 per a worker, but not exceeding VND 75,000,000, shall be imposed upon any employer that commits any act of hiring foreign workers in a way in breach of information shown in their work permits or written confirmations of their exemption from work permit requirements.
3. Fines ranging from VND 15,000,000 to VND 25,000,000 shall be imposed on any foreign worker in Vietnam that commits one of the following violations:
a) Accepting job offers without holding work permits or without written confirmations of their exemption from work permit requirements as required by law;
b) Using work permits or written confirmations of their exemption from work permit requirements that have already become null and void.
4. Fines shall be imposed on any employer that employs foreign workers to work in Vietnam without work permits or written confirmations of their exemption from work permit requirements, or employs foreign workers holding expired work permits or written confirmations of exemption from work permit requirements already null or void at one of the following rates:
a) Fines ranging from VND 30,000,000 to VND 45,000,000 to be imposed if the violation involves 01 – 10 workers;
b) Fines ranging from VND 45,000,000 to VND 60,000,000 to be imposed if the violation involves 11 – 20 workers;
c) Fines ranging from VND 60,000,000 to VND 75,000,000 to be imposed if the violation involves 21 or more workers.
5. Supplemental penalties
Deporting any foreign worker without work permits or written confirmations of exemption from work permit requirements that commits the violations specified in clause 3 of this Article while working in Vietnam.
Article 32. Violations against regulations on recruiting Vietnamese employees and assigning them to work for foreign entities and persons in Vietnam
1. Fines ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon any foreign entity and person in Vietnam that commits any act of hiring Vietnamese workers without reporting to authorities having competence in recruiting and administering Vietnamese workers on situations of recruitment and placement of Vietnamese workers in accordance with law.
2. Fines ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon any foreign entity and person in Vietnam that commits any act of hiring Vietnamese workers without sending written notifications, enclosing copies of labour contracts already signed with Vietnamese workers, to authorities having competence in recruiting and administering Vietnamese workers working for foreign entities and persons in Vietnam in accordance with law.
Article 33. Violations against regulations regarding settlement of labour disputes
1. Warnings shall be given as a form of penalty for any worker committing any act of participating in strikes after decisions on postponement or cancellation of strikes have been issued by Presidents of People’s Committees of provinces and centrally-affiliated cities.
2. Fines ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on any worker that commits one of the following violations:
a) Obstructing the exercise of the rights to go on strike, or inciting, inducing or forcing workers to go on strike;
b) Preventing workers who do not take part in strikes from going to work.
3. Fines ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on any employer that commits one of the following violations:
a) Terminating labour contracts with or imposing labour-related disciplinary actions on workers going on strike, strike leaders, or transferring them to other jobs or other workplace only because they are preparing to go on strike or join a strike;
b) Repressing and retaliating against workers participating in strikes or strike leaders;
c) Temporarily closing workplace in the case prescribed in Article 217 in the labour Code.
4. Relief and mitigation measures
Compelling employers committing the violations specified in point c of clause 3 of this Article to make payment of wages to workers during the temporary closure period.
Article 34. Violations against regulations on guarantee for execution of trade union rights
1. Fines ranging from VND 500,000 to VND 1,000,000 shall be imposed on any employer that commits one of the following violations:
a) Failing to make necessary workplace arrangements and provide necessary accommodations for trade union officers;
b) Failing to spare part-time trade union officers working hours to perform their trade union tasks;
c) Failing to admit trade union officers at the level superior to the grassroots level in any entity or enterprise to carry out their trade union activities;
d) Failing to provide information or coordinate or create favorable conditions for trade unions to implement their rights and responsibilities as representatives for workers' legitimate rights and interests.
2. Fines ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon any employer that fails to reach written agreements with grassroots-level trade union executive committees or immediate higher-level trade union executive committees when unilaterally terminating labour contracts with their employees holding posts as part-time trade union officers, transferring them to other jobs prescribed in labour contracts or sacking them in a form of labour-related disciplinary action to the extent of not being liable to criminal prosecution.
3. Fines ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any act of abusing trade union rights to violate law, infringing upon the State interests, legitimate rights and interests of other entities, enterprises and persons.
4. Relief and mitigation measures
Compelling those committing the violations prescribed in points a and b of clause 1 of this Article to provide necessary working conditions for trade unions and spare trade union workers some time to perform their trade union activities.
Article 35. Violations against regulations on discrimination on the grounds of establishing, acceding to and performing activities of trade unions
1. Fines ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on any employer that commits one of the following violations:
a) Practicing discrimination in terms of wages, working hours, other rights and obligations in labour relationships in order to hinder their staff and employees from establishing, acceding to and performing activities of trade unions;
b) Failing to extend labour contracts with part-time trade union officers who are in term of office, but are holding expired labour contracts;
c) Illegally imposing labour-related disciplinary actions on or terminating labour contracts with their staff and employees because they have established, acceded to and participating in activities of trade unions;
d) Harassing, mistreating, obstructing or refusing to provide career advancement for trade union officers;
dd) Providing untruthful information to lower the reputation of trade union officers in the eyes of their staff or employees.
2. Fines ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on any employer that commits one of the following violations:
a) Setting out regulations that constrain their staff or employees from exercising their rights to hold the posts of trade union officers;
b) Dominating and hindering the election and selection of trade union officers;
c) Coercing their staff or employees to establish, accede to or perform activities of trade unions.
3. Relief and mitigation measures
a) Compelling those committing the violations specified in point b of clause 1 of this Article to renew labour contracts with part-time trade union officers;
b) Compelling those committing the violations specified in point c of clause 1 of this Article to get their workers back to work and fully pay them wages, salaries, social insurance and health insurance contributions during the days when they are not allowed to work;
c) Compelling those committing the violations specified in point dd of clause 1 of this Article to rectify untruthful information.
Article 36. Violations against regulations on use of economic or other measures causing disadvantages to organization and operation of trade unions
1. Fines ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on any employer that commits one of the following violations:
a) Failing to pay wages and salaries to part-time trade union workers during their service period;
b) Failing to allow their staff or employees working as full-time trade union workers to enjoy collective rights and benefits the same as other colleagues of theirs;
c) Carrying out economic or other measures to cause disadvantages for their staff and employees so that they are unable to become members of trade unions or participate in trade union's activities.
2. Relief and mitigation measures
a) Compelling those committing the violations specified in point a of clause 1 of this Article to pay wages and salaries to part-time trade union workers during their service period;
b) Compelling those committing the violations specified in point b of clause 1 of this Article to assure collective interests and benefits the same as other colleagues of theirs.
Article 37. Violations against regulations on payment of trade union dues
1. Any employer committing one of the violations hereunder shall be fined at the rates of between 12% and under 15% of total sum of trade union dues at the date of issuance of administrative penalty notice, but not exceeding VND 75,000,000, as follows:
a) Making late payment of trade union dues;
b) Making underpayment of trade union dues according to the prescribed rates;
c) Paying trade union dues that are less than total required amount calculated based on total number of employees mandatorily liable for trade union fees.
2. Any employer failing to pay trade union dues calculated based on their total number of employees mandatorily liable for trade union dues shall be fined at the rates of between 18% and 20% of total sum of trade union dues at the date of issuance of administrative penalty notice, but not exceeding VND 75,000,000.
3. Relief and mitigation measures
Not later than 30 days of receipt of penalty decisions, violating employers committing the violations prescribed in clause 1 and 2 of this Article must pay trade unions deferred sums, residual sums or outstanding sums plus the amounts of interest thereon at the highest demand deposit interest rates quoted by state-owned commercial banks at the penalty imposition time.
Chapter III
VIOLATING ACTS, PENALTY FORMS, RATES AND RELIEF OR MITIGATION MEASURES AGAINST VIOLATIONS ARISING FROM SOCIAL INSURANCE-RELATED ACTIVITIES
Article 38. Violations against regulations on payment of compulsory social insurance and unemployment insurance contributions
1. Fines ranging from VND 500,000 to VND 1,000,000 shall be imposed upon any employee that agrees with an employer on not participating in compulsory social insurance and unemployment insurance plans, participates in an incorrect insurance plan, or make underpayment of insurance contributions according to the prescribed rates.
2. Fines ranging from VND 500,000 to VND 1,000,000 shall be imposed on any employer that commits one of the following violations:
a) Annually, failing to publicly post up information on their employees' payment of social insurance contributions provided by social insurance authorities under clause 7 of Article 23 in the Law on Social Insurance;
b) Failing to carry out regulatory procedures to confirm payment of unemployment insurance contributions to their employees so that they can complete their application for entitlement to unemployment insurance benefits in accordance with existing regulations;
c) Failing to provide or insufficiently providing information on employees' payment of compulsory social insurance and unemployment insurance contributions upon the request of their employees or trade unions.
3. Fines ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon any employer that fails to provide accurate, complete, and timely information and documents related to the payment of compulsory social insurance and unemployment insurance contributions, or the entitlement to compulsory social insurance and unemployment insurance benefits at the request of competent state agencies and social insurance authorities.
4. Any employer committing one of the violations hereunder shall be fined at the rates of between 12% and 15% of total sum of compulsory social insurance and unemployment insurance contributions at the date of issuance of administrative penalty notice, but not exceeding VND 75,000,000, as follows:
a) Making overdue payment of compulsory social insurance and unemployment insurance contributions;
b) Making underpayment of social insurance and unemployment insurance contributions according to the prescribed rates not to the extent that they are accused of evasion of payment of insurance contributions;
c) Making underpayment of social insurance and unemployment insurance contributions according to their total number of employees eligible for participation in compulsory social insurance and unemployment insurance plans not to the extent that they are accused of evasion of payment of insurance contributions.
5. Any employer falling to pay compulsory social insurance and unemployment insurance contributions for all of their employees eligible for participation in compulsory social insurance and unemployment insurance plans not to the extent of being liable to criminal prosecution shall be fined at the rates of between 18% and 20% of total sum of compulsory social insurance and unemployment insurance contributions at the time of issuance of administrative penalty notice, but not exceeding VND 75,000,000.
6. Any employer accused of evasion of payment of compulsory social insurance and unemployment insurance contributions not to the extent of being liable to criminal prosecution shall be fined from VND 50,000,000 to VND 75,000,000.
7. Relief and mitigation measures
a) Compelling those committing the violations specified in clause 4, 5 and 6 of this Article to make full payment of accrued amounts of compulsory social insurance and unemployment insurance contributions;
b) Compelling those committing the violations prescribed in clause 4, 5 and 6 of this Article to pay the amount of interest on insurance contributions accrued due to late payment, non-payment or evasion of payment, which is two times greater than the average amount of interest that the social insurance fund would have earned in the preceding year from investment thereof. If not doing so, at the request of competent persons, banks, other credit institutions or state treasuries shall, on their own initiative, withdraw money from violating the violating employer’s deposit accounts to pay such amount of interest at the highest demand deposit interest rate quoted by state-owned commercial banks at the time of imposition of penalty into banking accounts of social insurance authorities.
Article 39. Violations against regulations on preparation of application and documentation requirements for entitlement to compulsory social insurance and unemployment insurance benefits
1. Fines ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on any employee that commits one of the following violations:
a) Making untruthful declarations, or changing, erasing or falsifying information related to entitlement to social insurance and unemployment insurance benefits not to the extent of being liable to criminal prosecution;
b) Failing to notify the Employment Service Center as prescribed when their employees have accepted jobs within 15 working days from the date of submission of application for unemployment insurance benefits;
c) As beneficiaries of unemployment insurance benefits, they fail to send required notifications to the Employment Service Center in one of the following cases: they have got a job; they are performing military or public security service; they receive monthly retirement pensions; they are studying for a term of at least 12 months.
2. Any employer counterfeiting or falsifying information included in social insurance or unemployment insurance for the purposes of profiteering on social insurance or unemployment insurance benefits not to the extent of being liable to criminal prosecution shall be fined from VND 5,000,000 to VND 10,000,000 per each application for entitlement to social insurance and/or unemployment insurance benefits.
3. Relief and mitigation measures
Compelling those committing the violations specified in clause 1 and 2 of this Article to refund social security authorities the received amounts of social insurance and/or unemployment insurance benefits.
Article 40. Violations against other social insurance and unemployment insurance regulations
1. Any employer that fails to pay occupational accident or disease insurance coverage within the duration of 10 days of receipt thereof from social security authorities shall be fined from VND 10,000,000 to VND 20,000,000 per each employee, but not exceeding VND 75,000,000.
2. Any employer appropriating compulsory social insurance benefits from their employee shall be fined at the rates of between 18% and 20% of total sum thereof at the time of issuance of administrative penalty notice, but not exceeding VND 75,000,000.
3. Any employer failing to inform the Employment Service Center at the place where their office is located of any change in labour or employment matters at their company as provided in law shall be fined from VND 2,000,000 to VND 4,000,000.
4. Any employer that commits one of the following acts of violation shall be fined from VND 2,000,000 to VND 4,000,000 per each employee, but not exceeding VND 75,000,000, including:
a) Failing to prepare and submit application for participation in compulsory social insurance and unemployment insurance plans for their employees within 30 days from the date of conclusion of labour or employment contracts or recruitment;
b) Failing to prepare and submit application documents or written requests by the deadlines prescribed in clause 2 of Article 102, clause 1 of Article 103, clause 1 of Article 110 and clause 2 of Article 112 in the Law on Social Insurance;
c) Failing to recommend their employees covered by Article 47 in the Law on Occupational Safety and Hygiene and Article 55 in the Law on Social Insurance to take medical examinations for assessment of level of incapacity to work at the Medical Examination Council;
d) Failing to return social insurance books to their employees according to the provisions of clause 5 of Article 21 in the Law on Social Insurance.
5. Fines ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on any vocational training establishments committing one of the following violations:
a) If they provide vocational training courses lasting for the period less than registered by unemployment insurance-protected employees, they shall be fined at the aforesaid rate per each affected employee, but not exceeding VND 150,000,000;
b) If they collude with other related entities or persons to earn illegal gains from the vocational support sum that each affected employee is granted not to the extent of being liable to criminal prosecution, they shall be subject to the aforesaid fine.
6. If any employer receiving financial support to offset costs of vocational training, education or vocational skill improvement training courses, aimed at ensuring their employees are continuously fit for their work, fails to adhere to training plans approved by competent authorities when performing such training activities.
7. Relief and mitigation measures
a) Compelling those committing the violations specified in clause 1 of this Article to fully pay occupational accident or disease insurance coverage to affected employees;
b) Enforcing vocational training institutions committing the violations specified in point a of clause 5 of this Article to provide vocational training courses for the full duration of the course that employees participating in the unemployment insurance plan have enrolled if required by affected employees;
c) Compelling vocational education institutions committing the violations specified in point b of clause 5 of this Article to repay ill-gotten gains to the state budget;
d) Compelling those committing the violations specified in clause 2 of this Article to repay affected employees the amount of compulsory social insurance benefits that they have appropriated from these employees, plus the amount of interest on such money calculated at the highest demand deposit interest rate publicly quoted by state-owned commercial banks.
Chapter IV
VIOLATING ACTS, PENALTY FORMS, RATES, RELIEF OR MITIGATION MEASURES AGAINST VIOLATIONS ARISING FROM SENDING VIETNAMESE WORKERS TO WORK ABROAD UNDER CONTRACTS
Article 41. Violations against licensing requirements for enterprises providing services of sending workers abroad (hereinafter referred to as service providers)
1. Fines ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on service providers committing one of the following violations:
a) Failing to publicly declare their licenses for sending workers abroad in accordance with regulations in force;
b) Failing to publicly post service provider’s entrustment decisions issued to branches and copies of licenses to send workers abroad of service providers at their branches' offices;
c) Failing to report on any change in person holding the post of management of activities related to sending Vietnamese workers abroad as legally prescribed.
2. Fines ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on service providers committing one of the following violations:
a) Failing to inform authorization given to branches for provision of services related to sending Vietnamese workers abroad as legally prescribed;
b) Appointing the person without holding at least the undergraduate degree to the post of the manager of activities related to sending Vietnamese workers abroad;
c) Appointing any employee that has not yet acquired at least 3 years' experience in sending Vietnamese workers abroad or other international cooperation and relationship activities to the post of the manager of the service of sending workers to work abroad.
3. Fines ranging from VND 50,000,000 to VND 70,000,000 shall be imposed on any service provider committing one of the following violations:
a) Failing to carry out plans for organization of the machinery for provision of the service of sending Vietnamese workers abroad in accordance with regulations in force from the licensing date;
b) Failing to carry out plans for organization of the machinery of officers specialized in provision of the service of sending Vietnamese workers abroad in order to provide these workers with training before they go abroad to work from the licensing date.
4. Fines ranging from VND 150,000,000 to VND 180,000,000 shall be imposed on any service provider committing one of the following violations:
a) Giving authorization to more than 3 branches in provinces and centrally-affiliated cities;
b) Giving authorization to their branches in contravention of law;
c) If any of their branches provides the service of sending Vietnamese workers abroad in excess of the scope of assigned duties, or performs their assigned duties in breach of law, they shall be subject to the aforesaid fines;
d) Sending workers abroad during the period of temporary suspension or revocation of labour provision contracts, fixed-term suspension of their service business, or after receipt of notifications regarding refusal of renewal of the License to provide the service of sending workers abroad.
5. Fines ranging from VND 180,000,000 to VND 200,000,000 shall be imposed on any service provider committing one of the following violations:
a) Using the other service provider’s service license to send Vietnamese workers to work abroad;
b) Allowing other entities or persons to use their service license to send Vietnamese workers to work abroad;
c) Assigning the task of administering the service of sending Vietnamese workers abroad to the person who, in the past, managed another service provider whose license to provide the service of sending workers abroad was revoked, or the person who are being subject to a disciplinary action in the form of warning or more severe one owing to any violation against laws on sending Vietnamese workers to work abroad.
6. Supplemental penalties
a) Termination of sending workers abroad from 1 to 3 months with respect to the violations specified in point a, b and c of clause 4 of this Article;
b) Termination of sending workers abroad from 4 to 6 months with respect to the violations specified in point b and c of clause 2, point d of clause 4, and point b and c of clause 5 of this Article.
7. Relief and mitigation measures
Compelling those committing the violations specified in point d of clause 4 of this Article to make repayment of the amount of money received from workers plus the amount of interest on such money calculated at the highest demand deposit interest rate publicly quoted by state-owned commercial banks.
Article 42. Violations against regulations regarding registration of contracts and reporting of sending worker abroad
1. Fines ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for those that fail to send periodic or ad-hoc reports or inaccurate reports on the service of sending Vietnamese workers to work abroad in accordance with laws.
2. Any act of sending Vietnamese workers abroad in excess of the registered number of workers prescribed under labour provision contracts or contracts for recruitment of interns which have already been approved shall be fined at one of the following rates:
a) Fines ranging from VND 20,000,000 to VND 40,000,000 to be imposed if the number of workers sent abroad exceeds the registered number of workers by 01 – 10 workers;
b) Fines ranging from VND 60,000,000 to VND 100,000,000 to be imposed if the number of workers sent abroad exceeds the registered number of workers by 11 – 50 workers;
c) Fines ranging from VND 150,000,000 to VND 180,000,000 to be imposed if the number of workers sent abroad exceeds the registered number of workers by more than 50 workers.
3. Fines ranging from VND 75,000,000 to VND 90,000,000 shall be imposed if any enterprise awarded a bid, successfully winning a bid, or any entity or person making foreign investments commits an act of sending workers abroad without submitting any report or after submitting their reports which, however, have not been approved by competent regulatory authorities.
4. Fines ranging from VND 150,000,000 to VND 180,000,000 shall be imposed for any act of sending Vietnamese workers abroad without registering labour provision contracts or contracts for recruitment of interns, or after making registrations which, however, have not been approved by competent regulatory authorities.
5. Supplemental penalties
Any service provider committing the violations specified in clause 3 and 4 of this Article shall be subject to the supplemental penalty imposed in the form of termination of their service of sending Vietnamese workers abroad from 6 to 12 months.
Article 43. Violations against regulations on worker recruitment, contract conclusion and discharge
1. Fines ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on any service provider committing one of the following violations:
a) Failing to coordinate with local authorities to give public notices, provide vacancy candidates with sufficient information on the intake, recruitment criteria and contractual terms and conditions as legally prescribed when finding workers at localities;
b) Failing to enter into commitments regarding the pre-exit period to workers after they are recruited to work abroad;
c) Failing to directly recruit workers.
2. Fines ranging from VND 50,000,000 to VND 80,000,000 shall be imposed on any enterprise or other entity providing the service of sending workers abroad that commits one of the following violations:
a) Failing to enter into any contract with recruited workers in accordance with regulations;
b) Failing to clarify costs that workers have to pay in contracts as legally prescribed;
c) Failing to discharge or discharging contracts to send workers to work abroad in violation of regulations in force;
d) Setting out terms and conditions of contracts for sending workers abroad, labour contracts or contracts to send interns abroad which are not corresponding to labour provision contracts or internship contracts which have already been registered;
dd) Setting out terms and conditions of contracts for sending workers abroad between enterprises successfully winning bids, awarded bids or foreign investment organizations on one side and workers on the other side, or of labour contracts, which do not match contents of reports on sending Vietnamese workers abroad in accordance with regulations.
3. Supplemental penalties
Those committing the violations specified in clause 2 of this Article shall be compelled to suspend labour provision contracts for the period from 1 month to 3 months.
Article 44. Violations against regulations on provision of training courses on necessary professional skills, foreign language and knowledge
1. Fines ranging from VND 2,000,000 to VND 5,000,000 shall be imposed on any enterprise or other entity committing one of the following violations:
a) Failing to register sample certificates of completion of training courses granted to Vietnamese workers who are sent to work abroad in accordance with regulations in force;
b) Failing to provide workers with necessary training documents in accordance with regulations in force;
c) Failing to fully design training documents necessary for workers in accordance with regulations in force.
2. Fines ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on any enterprise or other entity committing one of the following violations:
a) Insufficiently providing training courses necessary for workers before they are sent to work abroad in accordance with regulations in force;
b) Failing to carry out or insufficiently carrying out inspection of certification or conferral of certificates upon employees after they have completed required training courses.
3. Fines ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on any service provider committing one of the following violations:
a) Failing to provide, or cooperate with vocational or other education institutions in providing, professional skill and foreign language training courses for workers sent to work abroad as required in labour provision contracts;
b) Failing to provide workers with necessary training courses before they are sent to work abroad in accordance with regulations in force.
4. Supplemental penalties
a) Those committing the violations specified in clause 3 of this Article shall be compelled to suspend labour provision contracts for the period from 1 month to 6 months;
b) Those repeating the violations specified in clause 3 of this Article shall be compelled to suspend labour provision contracts for the period from 6 months to 12 months.
5. Relief and mitigation measures
Compelling those committing the violation specified in clause 3 of this Article to provide training courses on professional skills, foreign language and knowledge necessary for workers, or reimburse workers for training fees received from employees (if any).
Article 45. Violations against regulations on collection, payment, management and use of brokerage fees, margins, service charges and other payments from workers; payments to the Overseas Employment Support Fund
1. Fines ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on any service provider committing one of the following violations:
a) Failing to provide instructions and complete required procedures so that workers receive support from the Overseas Employment Support Fund, or failing to remit support sums to workers as legally prescribed;
b) Failing to confer certificates of participation in the Overseas Employment Support Fund upon workers in accordance with regulations in force.
2. Fines ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on any service provider committing one of the following violations:
a) Making underpayment of their worker’s contribution sums to the Overseas Employment Support Fund in accordance with regulations in force;
b) Making underpayment of contributions to the Overseas Employment Support Fund in accordance with regulations in force.
3. Fines ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on any service provider committing one of the following violations:
a) Collecting recruitment fees from workers;
b) Collecting, managing, using and returning brokerage fees in breach of regulations in force;
c) Collecting service charges from workers in violation of law;
d) Failing to reimburse or insufficiently reimburse their worker for service charges in proportion to the remaining time of the Contract for sending workers to work abroad in case the worker has paid service charges for the entire term of contract, but has to return Vietnam ahead of schedule through no fault of his or her own;
dd) Failing to make payment of their worker’s contribution sums to the Overseas Employment Support Fund in accordance with regulations in force;
e) Failing to make contributions to the Overseas Employment Support Fund in accordance with regulations in force.
4. Fines ranging from VND 150,000,000 to VND 200,000,000 shall be imposed on any service provider committing one of the following violations:
a) Failing to repay costs that workers have paid due to their failure to send them to work abroad;
b) Collecting, managing and using margins from workers in violation of law;
c) Failing to make supplementary and timely payment of margins that a service provider has to pay in accordance with law;
d) Failing to leave their full margins at banks in accordance with law.
5. Supplemental penalties
They shall be subject to a supplemental penalty imposed in the form of suspension of their service of sending Vietnamese workers abroad as follows:
a) For the period from 01 month to 03 months with respect to any violation referred to in clause 3 and point c and d of clause 4 of this Article;
b) For the period from 04 months to 06 months with respect to any violation referred to in point b of clause 4 of this Article;
c) For the period from 06 months to 12 months with respect to any violation referred to in point a of clause 4 of this Article.
6. Relief and mitigation measures
a) Compelling those committing the violations specified in point a and b of clause 2, and point dd and e of clause 3 of this Article to make full payments to the Overseas Employment Support Fund in accordance with regulations in force;
b) Compelling those committing the violations specified in point c and d of clause 3, and point a of clause 4 of this Article to reimburse workers for their received sums in full;
c) Compelling those committing the violations specified in point c and d of clause 4 of this Article to make full payment of margins in accordance with regulations in force.
Article 46. Violations against regulations regarding conduct of sending worker abroad and management of workers working abroad
1. Imposing the fine ranging from VND 20,000,000 to VND 40,000,000 for one of the following violations:
a) Failing to register the list of workers on exit with Vietnamese diplomatic missions or consulates overseas as legally prescribed;
b) Failing to cooperate with Vietnamese diplomatic missions or consulates abroad in managing and protecting the legal rights and interests of workers while working abroad.
2. Fines ranging from VND 50,000,000 to VND 80,000,000 shall be imposed for one of the following violations:
a) Failing to administer and protect the legal rights and interests of workers sent by service enterprises to work overseas according to regulations in force;
b) Failing to promptly resolve issues that may arise when a worker dies, suffers any occupational accident, incident or an occupational disease, or has his/her life, health, honor, dignity and/or property harmed, or is involved in a dispute.
3. Fines ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following violations:
a) Taking advantage of the service of sending Vietnamese workers to work abroad in order to counsel, recruit, train and collect money from workers;
b) Taking advantage of the service of sending Vietnamese workers to work abroad in order to conduct the sending of Vietnamese citizens to overseas countries in contravention of regulations in force;
c) Sending Vietnamese workers to work abroad without any license to provide the service of sending Vietnamese workers to work abroad under contracts, and even if they are not service providers winning or awarded bids for sending workers abroad, or even if they are not foreign investment entities or persons that are allowed to send workers abroad, or even if they are not enterprises licensed to send workers abroad in the form of internship for professional skill improvement purposes;
d) Sending workers to work in areas, industries or jobs which are prohibited or not permitted by host countries for reception of foreign workers.
4. Supplemental penalties
Those committing the violations specified in clause 2 and point a, b and d of clause 3 of this Article shall be subject to a penalty imposed in the form of temporary closure of their service of sending Vietnamese workers abroad from 06 to 12 months.
5. Relief and mitigation measures
a) Compelling those committing the violations specified in clause 2 and point d of clause 3 of this Article to repatriate workers upon the request of the receiving country or Vietnamese competent regulatory authorities;
b) Compelling those committing the violation specified in point a of clause 3 of this Article to repay affected workers the amount of money plus the amount of interest on such money calculated at the highest demand deposit interest rate publicly quoted by state-owned commercial banks at the time of imposition of this penalty.
Article 47. Violations committed by workers sent to work abroad and several other related persons
1. Fines ranging from VND 2,000,000 to VND 5,000,000 shall be imposed on any worker falling to register their personal contract with competent regulatory authorities in accordance with regulations in force.
2. Fines ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following violations:
a) Deciding to illegally stay in foreign countries after their labour contract expires;
b) Taking flight from their contractual workplace not on the grounds of suffering from labour coercion;
c) Failing to be present at their contractual workplace after entry into host countries.
3. Relief and mitigation measures
Compelling the repatriation of those committing the violations specified in point a, b and c of clause 2 of this Article.
Chapter V
AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES AND ISSUE ADMINISTRATIVE VIOLATION NOTICES; PROCEDURES FOR IMPOSITION OF ADMINISTRATIVE PENALTIES
Section 1. AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES AND ISSUE ADMINISTRATIVE VIOLATION NOTICES
Article 48. Authority to issue administrative violation notices
Authority to issue notices of administrative penalties for all violations specified herein shall be accorded to the following persons, including:
1. Persons having competence in imposing administrative penalties for the violations specified in Article 49, 50, 51, 52, 53 and 54 herein within their assigned functions, duties and powers.
2. Public officials and civil servants that are on active duty with respect to inspection and examination of labour, social insurance or the service of sending Vietnamese workers to work abroad under contracts.
Article 49. Authority to impose penalties of Chairpersons of People’s Committees
1. The Chairman/Chairwoman of the commune-level People’s Committee shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 5,000,000.
2. The Chairman/Chairwoman of the district-level People’s Committee shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 37,500,000 for administrative violations arising from labour or social insurance activities, and up to VND 50,000,000 for administrative violations arising from the service of sending Vietnamese workers abroad under contracts;
c) Imposing supplemental penalties in the form prescribed in Chapter II, except those supplemental penalties prescribed in clause 5 of Article 31 herein;
d) Applying relief and mitigation measures stipulated in Chapter II and III herein.
3. The Chairman/Chairwoman of the provincial-level People’s Committee shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 75,000,000 for administrative violations arising from labour or social insurance activities, and up to VND 100,000,000 for administrative violations arising from the service of sending Vietnamese workers abroad under contracts;
c) Imposing supplemental penalties in the form prescribed in Chapter II and IV, except those supplemental penalties prescribed in clause 5 of Article 31 herein;
d) Applying relief and mitigation measures stipulated in Chapter II, III and IV herein.
Article 50. Authority to impose penalties of labour Inspectors
1. labour inspectors or persons assigned to perform specialized inspections while on duty shall be vested with authority to impose penalties in the form of warnings for administrative violations arising from labour and social insurance activities as provided in Chapter II and III herein.
2. Chief Inspectors of Departments of Labour - Invalids and Social Affairs shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 37,500,000 for administrative violations arising from labour or social insurance activities, and up to VND 50,000,000 for administrative violations arising from the service of sending Vietnamese workers abroad under contracts;
c) Imposing supplemental penalties in the form prescribed in Chapter II and IV, except those supplemental penalties prescribed in clause 5 of Article 31 herein;
d) Applying relief and mitigation measures stipulated in Chapter II, III and IV herein.
3. Chief Inspector of the Ministry of Labour - Invalids and Social Affairs shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 75,000,000 for administrative violations arising from labour or social insurance activities, and up to VND 100,000,000 for administrative violations arising from the service of sending Vietnamese workers abroad under contracts;
c) Imposing supplemental penalties in the form prescribed in Chapter II and IV, except those supplemental penalties prescribed in clause 5 of Article 31 herein;
d) Applying relief and mitigation measures stipulated in Chapter II, III and IV herein.
4. Leaders of Ministry-level labour inspection teams shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 52,500,000 for administrative violations arising from labour or social insurance activities, and up to VND 70,000,000 for administrative violations arising from the service of sending Vietnamese workers abroad under contracts;
c) Imposing supplemental penalties in the form prescribed in Chapter II and IV, except those supplemental penalties prescribed in clause 5 of Article 31 herein;
d) Applying relief and mitigation measures stipulated in Chapter II, III and IV herein.
5. Leaders of labour inspection teams at the Department level and Leaders of specialized inspection teams of competent regulatory authorities that are assigned to perform the task of specialized labour inspection, social insurance or the service of sending Vietnamese workers abroad under contracts shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 37,500,000 for administrative violations arising from labour or social insurance activities, and up to VND 50,000,000 for administrative violations arising from the service of sending Vietnamese workers abroad under contracts;
c) Imposing supplemental penalties in the form prescribed in Chapter II and IV, except those supplemental penalties prescribed in clause 5 of Article 31 herein;
d) Applying relief and mitigation measures stipulated in Chapter II, III and IV herein.
Article 51. Authority to impose penalties of the Director of the Agency of Overseas Labour
The Director of the Agency of Overseas Labour shall be authorized to impose administrative penalties prescribed in Chapter IV herein, including:
1. Imposing penalties in the form of warnings.
2. Imposing fines of up to VND 100,000,000.
3. Imposing supplemental penalties in the form prescribed in Chapter IV herein.
4. Applying relief and mitigation measures stipulated in Chapter IV herein.
Article 52. Authority to impose penalties of the Director of the Department of labour Safety
The Director of the Department of labour Safety shall be authorized to impose administrative penalties prescribed in Article 19, 20, 21, 22, 23, 24, 25 and 26 herein, including:
1. Imposing penalties in the form of warnings.
2. Imposing fines of up to VND 75,000,000.
3. Imposing supplemental penalties in the form prescribed in Article 24, 25 and 26 herein.
4. Applying relief and mitigation measures stipulated in Article 21, 22, 24 and 25 herein.
Article 53. Authority to impose penalties of social security authorities
1. Directors of provincial-level social security authorities shall be vested with the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 37,500,000 for violations arising from social insurance and unemployment insurance contributions as prescribed in Article 38 herein;
c) Applying relief and mitigation measures stipulated in clause 7 of Article 38 herein.
2. Director General of Social Security of Vietnam shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 75,000,000 for violations arising from social insurance and unemployment insurance contributions as prescribed in Article 38 herein;
c) Applying relief and mitigation measures stipulated in clause 7 of Article 38 herein.
3. Leaders of specialized inspection teams established under the Director General of Social Security of Vietnam shall be accorded the following authority:
a) Imposing penalties in the form of warnings;
b) Imposing fines of up to VND 52,500,000 for violations arising from social insurance and unemployment insurance contributions as prescribed in Article 38 herein;
c) Applying relief and mitigation measures stipulated in clause 7 of Article 38 herein.
Article 54. Authority to impose penalties of other competent authorities
1. Heads of diplomatic missions, consular offices and other authorities vested with authority assigned as consular officials of the Socialist Republic of Vietnam in foreign countries shall have the right to impose penalties for the administrative violations specified in Chapter IV herein, including:
a) Imposing penalties in the form of warnings;
b) Impose a fine of up to 100,000,000 dong;
a) Applying relief and mitigation measures to repatriate workers upon the request of the receiving countries or Vietnamese competent regulatory authorities in accordance with provisions laid down in Chapter IV herein.
2. Director of the Immigration Administration and Directors of provincial-level Police Departments shall be accorded authority to sanction and apply supplemental penalties for the administrative violations prescribed in clause 3 of Article 31 herein.
Section 2. PROCEDURES FOR IMPOSITION OF PENALTIES
Article 55. Procedures and processes for imposition of administrative penalties for the service of sending workers abroad outside of the territory of Vietnam
1. Workers fined in foreign countries may pay their fines at Vietnamese diplomatic missions or consular offices operating in their host countries.
2. Fines must be paid in Vietnamese dong. If fines are paid in foreign currencies, they must be converted into Vietnamese dong at the exchange rates quoted by commercial banks at the time of issuing penalty notices.
3. The Ministry of Labour - Invalids and Social Affairs shall preside over and cooperate with the Ministry of Foreign Affairs, the Ministry of Finance and the Ministry of Justice in providing instructions for procedures and processes for imposition of administrative penalties for the service of sending workers abroad that are carried out outside of the territory of Vietnam.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 56. Entry into force
1. This Decree shall take effect from April 15, 2020.
2. The Government’s Decree No. 95/2013/ND-CP dated August 22, 2013, regulating administrative penalties for violations arising from labour, social security activities and the service of sending Vietnamese workers abroad under contracts, and the Government’s Decree No. 88/2015/ND-CP dated October 7, 2015, amending and supplementing several articles of the Government’s Decree No. 95/2013/ND-CP mentioned earlier, shall become defunct from the date of this Decree's entry into force.
3. Illegal stay in foreign countries after expiration of contracts as provided in point a of clause 2 of Article 47 herein shall be seen as administrative violations that are being committed and time limits for imposition of penalties which begin from the date of detection of these violations.
Article 57. Transitional provisions
As for any administrative violation arising from labour, social insurance activities and the service of sending Vietnamese workers abroad under contracts before the effective date of this Decree which is then detected, or in the process of consideration and issuance of decisions, regulations on imposition of penalties laid down herein shall be applied unless this Decree sets out regulations on legal liability or regulations on more relieved legal liability that violating entities or persons may assume.
Article 58. Responsibilities for provision of guidance and implementation
1. The Minister of Labour - Invalids and Social Affairs shall be responsible for providing instructions and carrying out inspection on implementation of this Decree.
2. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, and Chairpersons of People’s Committees of centrally-affiliated cities and provinces, shall be responsible for implementing this Decree./.
