Key points to remember
- Model number: Decree 283/2026/NĐ-CP issued by the Government on July 15, 2026, published in Official Gazette No. 448 on July 28, 2026.
- Effective: from September 10, 2026. On the same day, Decree 12/2022/NĐ-CP expired. Some regulations take effect later: the authority of the Director of the Department of Wages and Social Insurance (Clause 2, Article 61, Clause 11, Article 63) and Points e, g, h, Clause 2, Article 7, Article 14 await separate guiding decrees.
- Scope: sanctioning administrative violations in the fields of labor, social insurance and Vietnamese workers working abroad under contracts. The Decree has 6 chapters and 68 articles.
- Full text: read right on this website at Decree 283/2026/NĐ-CP, belonging to the group of guiding documents of Labor Code 2019.
Businesses are fined twice as much as individuals
Article 7 stipulates: the fine level in the chapters on labor, employment and insurance is the fine level for individuals; the organization is fined twice as much. Organizations include enterprises established under Vietnamese law, branches and representative offices of Vietnamese or foreign enterprises in Vietnam, cooperatives, public service providers, social organizations... Business households and households are fined like individuals.
For example, the act of illegally exploiting and sharing data about employees that has not been announced by state agencies is subject to a fine of 20 to 40 million VND for individuals (Clause 2, Article 10); Enterprises that commit the same acts will be fined from 40 to 80 million VND.
Business acts that are easy to violate
The table below is the fine for individual; doubled business.
| Article | Conduct | Penalty (individual) |
|---|---|---|
| Article 10, clause 2 | Illegally exploiting, sharing, and using employee and labor market data that has not been announced by state agencies | 20 to 40 million |
| Article 11, clause 1 | Failure to declare employer; Collect money from recruitment participants; not entering enough information into the labor management book; Failure to present book when requested | 1 to 3 million |
| Article 11, clause 2 | Failure to prepare a labor management book or preparing it on time or without content; not reporting labor fluctuations; discrimination in labor | 5 to 10 million |
| Article 12, clause 2 | Do not register or adjust labor registration information when submitting social insurance documents | 5 to 20 million, increasing by number of people (1 to 50, 51 to 100, from 101 people) |
| Article 15, clause 1 | Enter into non-written labor contracts for jobs lasting 1 month or more | 2 to 25 million, increasing with the number of violators |
| Article 15, clause 2 | Keep original copies of identification documents, diplomas, and certificates; Force a deposit of money or property; Sign a contract with a person from 15 to under 18 years old without the written consent of the legal representative | 20 to 25 million |
| Article 16 | Probation more than once for a job, exceeding the allowed time, probationary salary is lower than 85% of the job salary; No notification of probation results | 0.5 to 5 million |
| Article 17, clauses 1 and 2 | Temporary transfer to another job without 03 working days' notice; Changing jobs without the right reason or deadline or without the employee's written consent; Arrange work at a different location than the contract | 1 to 7 million |
| Article 17, clause 3 | Sexual harassment in the workplace does not rise to the level of criminal prosecution | 15 to 30 million |
| Article 17, clause 4 | Forced labor and mistreatment of workers do not rise to the level of criminal prosecution; Forced to work to pay off debt | 50 to 75 million |
| Article 18 | No written notice when terminating the contract (1 to 3 million); Late payment or lack of severance pay, termination benefits, failure to confirm social insurance, unemployment insurance and return documents (1 to 20 million, increasing according to the number of people); dismissal for economic reasons due to improper procedures (5 to 10 million) | 1 to 20 million |
| Article 23, clause 1 | Not making public or not developing salary scales, salary tables, labor norms, and bonus regulations; failure to consult with employee representative organizations; Notification of incorrect salary statements; Unequal pay and gender discrimination | 5 to 10 million |
| Article 23, clauses 2 and 3 | Not paying wages on time, underpaying wages, missing overtime wages (5 to 50 million); pay wages lower than the minimum level (20 to 75 million). The rate increases according to the number of people affected | 5 to 75 million |
| Article 24, clause 1 | Not guaranteed personal leave or unpaid leave; Failure to notify the Department of Home Affairs in writing when working more than 200 to 300 hours a year | 2 to 5 million |
| Article 24, clauses 2 and 3 | Violation of weekly leave, annual leave, and holidays (10 to 20 million); working beyond normal hours, mobilizing overtime when employees do not agree (20 to 25 million) | 10 to 25 million |
| Article 24, clause 4 | No guaranteed breaks or shift change breaks; mobilizing overtime beyond regulations | 5 to 75 million, increasing with number of people |
| Article 25, clauses 1 and 2 | Failure to notify or post labor regulations (1 to 3 million); no written internal regulations when there are 10 or more employees, no internal regulations registered, disciplinary action or compensation for incorrect procedures, statute of limitations, overdue suspension (5 to 10 million) | 1 to 10 million |
| Article 25, clause 3 | Violating health, honor, and dignity when disciplining; use fines or salary cuts instead of disciplinary action; disciplinary behavior not included in the rules; Applying multiple forms of discipline for one behavior | 20 to 40 million |
Some clauses have accompanying remedial measures, for example forcing the return of money collected from candidates, forcing the signing of a written labor contract, forcing the full salary to be paid to the employee.
Three steps to check should be done immediately
1. Compare. Compare internal processes and forms with each article in the table above: contract form, probation result notification form, labor management book, registered labor regulations. Prioritize points with high fines and frequent inspections: contracts, salaries, working hours.
2. Verify. Take samples of actual records: payroll, timekeeping, contracts, social insurance records, transfer appendices, disciplinary records, overtime list. Are the records in accordance with regulations and do they match actual operations?
3. Fix it. Each unsatisfactory point needs to have a person in charge and a clear deadline: supplement the written contract, return the original documents, standardize the probation notice, adjust the payroll, and create a labor management book with the correct content.
Related articles for further review: mandatory content of labor contract, unsatisfactory probationary end, how to calculate overtime pay, overtime hours limit, legal salary deduction, declaring labor use and preparing for labor inspection.
Frequently asked questions
When does Decree 283/2026/NĐ-CP take effect? From September 10, 2026. Decree 12/2022/NĐ-CP expires from this date, except for some provisions of Decree 283 that take effect later according to Article 66.
Actuals that occurred before September 10, 2026 are handled according to which decree? According to Article 67: acts that occur and end before the effective date of the decree but are discovered later, the decree on sanctions in effect at the time of committing the act will apply. Actions that begin before and continue after September 10, 2026 will be handled according to Decree 283.
How much is the fine for businesses compared to individuals? Twice the fine for individuals (Article 7). Businesses and households are fined like individuals.
Need support in reviewing labor records, contracts and insurance? Nhân Kiệt has offices and branches across the country, supporting businesses in reviewing labor records, contracts, salaries and social insurance according to Decree 283/2026/NĐ-CP. Meet at Nhân Kiệt Office or your partner's office or factory upon request, via Contact page.
Source: full text of Decree 283/2026/NĐ-CP (Official Gazette No. 448 dated July 28, 2026) and presentation on "Labor Law and Social Insurance" by Master Nguyen Chien Thang, Department of Home Affairs of Ho Chi Minh City. Content updated until November 2026.