Decree 283/2026/NĐ-CP: sanctioning administrative violations on labor and social insurance

Article 1. Scope of adjustment

This Decree regulates administrative violations, forms of penalties, levels of penalties, remedial measures for administrative violations, authority to make records of administrative violations, authority to sanction administrative violations, enforcement of forms of sanction for administrative violations, remedial measures in the following areas:

a) Labor, including: employment, recruitment and labor management; working conditions and labor relations; occupational safety and hygiene; organize employee representatives at the grassroots;

b) Social insurance;

c) Vietnamese workers working abroad under contract.

2. Other administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts not specified in this Decree shall apply according to regulations on sanctions for administrative violations in relevant areas of state management.

Article 2. Subjects of application

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

2. Person with authority to impose penalties and person with authority to make records.

3. Other agencies, organizations and individuals involved in sanctioning administrative violations and implementing sanctions and remedial measures specified in this Decree.

Article 3. Forms of sanctions, remedial measures, statute of limitations for sanctioning administrative violations, regulations on administrative violations that have ended, and administrative violations that are being committed

1. Organizations and individuals that commit administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts will be sanctioned in the form of warnings or fines.

2. Based on the nature and severity of the violation, organizations and individuals committing administrative violations are also subject to the following additional sanctions:

a) Confiscate evidence of administrative violations;

b) Deprivation of the right to use the practicing certificate for a limited period of time;

c) Suspension of operations for a limited period of time;

d) Deport foreign workers working in Vietnam.

3. Remedial measures

a) Remedial measures specified in Point i, Clause 1, Article 28 of the Law on Handling of Administrative Violations No. 15/2012/QH13 amended and supplemented by Law No. 67/2020/QH14 and Law No. 88/2025/QH15 (hereinafter referred to as the Law on Handling of Administrative Violations);

b) Other measures are specifically prescribed in Chapter II, Chapter III and Chapter IV of this Decree.

4. The statute of limitations for sanctioning administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts is prescribed as follows:

a) 01 year for administrative violations related to labor and social insurance;

b) 02 years for administrative violations related to Vietnamese workers working abroad under contracts.

5. Determination of completed administrative violations and ongoing administrative violations to calculate the statute of limitations for sanctioning administrative violations shall comply with the provisions of Clause 1, Article 8 of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing a number of articles and implementation measures of the Law on Handling of Administrative Violations amended and supplemented by Decree No. 68/2025/NĐ-CP and Decree No. 190/2025/NĐ-CP.

Article 4. Transfer of records of violations showing signs of crime

1. Procedures for sanctioning violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts shall comply with the provisions of the Law on Handling of Administrative Violations, documents guiding the Law on Handling of Administrative Violations, Clauses 2 and 3 of this Article and Article 5 of this Decree.

2. During the process of reviewing and handling a violation case, if it is deemed that the following violations have criminal signs, the competent person handling the case must transfer the dossier related to the criminal behavior to the agency competent to conduct criminal proceedings to prosecute criminal liability according to the provisions of Article 62 of the Law on Handling of Administrative Violations:

a) Acts of forging licenses, permits, or certificates; Forging documents and documents of agencies and organizations specified in Point a, Clause 4, Article 10; Point d Clause 2 Article 36, Point d Clause 3 Article 36; Point dd Clause 1 Article 37, Clause 5 Article 37; Clause 2, Article 47; Point h, Clause 9, Article 49; Point d, Clause 3, Article 53 of this Decree;

b) Acts of using fake papers and documents specified in Point b, Clause 4, Article 13 of this Decree;

c) Illegal exploitation, sharing, and use of information and data in the database on employees and labor market information that has not been announced or disseminated by a competent state management agency as prescribed in Clause 2, Article 10 of this Decree;

d) Acts of taking advantage of employment service activities to infringe upon national sovereignty, national defense, security, national and ethnic interests, social order and safety, public interests, legitimate rights and interests of agencies, organizations and individuals specified in Point b, Clause 4, Article 10 of this Decree;

d) Illegal buying, selling, exchanging, or appropriating information and data in the database on employees and labor market information that has not been announced or disseminated by a competent state management agency as prescribed in Point c, Clause 4, Article 10 of this Decree;

e) Acts of violating the honor, reputation or dignity of employees when handling labor discipline specified in Point b, Clause 3, Article 25 of this Decree;

g) Acts of taking advantage of the activities of sending Vietnamese workers to work abroad to organize illegal exit or exploitation or forced labor specified in Point a, Clause 9, Article 49; Point a Clause 8 Article 50; Point a, Clause 7, Article 51; Point a, Clause 6, Article 52 of this Decree;

h) Acts of forcing, enticing, seducing or deceiving Vietnamese workers to stay abroad illegally as prescribed in Point c, Clause 9, Article 49; Point c Clause 8 Article 50; Point c Clause 7 Article 51; Point c Clause 6 Article 52; Point c, Clause 3, Article 53 of this Decree;

i) Repeat violations of regulations on forced labor specified in Point a, Clause 4, Article 17 of this Decree;

k) Repeated violations of regulations on employing workers from 15 years old to under 18 years old to do prohibited jobs or work in prohibited places specified in Point c, Clause 3, Article 27 of this Decree;

l) Repeat violations of regulations on compulsory social insurance payment specified in Article 44 of this Decree; Repeat violations of regulations on unemployment insurance payment specified in Article 46 of this Decree.

3. In case the agency conducting criminal proceedings, after receiving the dossier specified in Clause 2 of this Article, does not pursue criminal liability, it shall transfer the dossier of the violation to the person competent to sanction administrative violations according to the provisions of Clause 3, Article 62 of the Law on Handling of Administrative Violations to sanction administrative violations according to the provisions of this Decree.

Article 5. Making administrative violation records for violations specified in Clause 2, Article 53 of this Decree

1. Chairman of the People's Committee, Director of the Department of Overseas Labor Management, Director of the Department of Home Affairs, people with sanctioning authority of the People's Police, heads of diplomatic representative agencies, consular offices, and other agencies authorized to perform Vietnam's consular functions abroad; Civil servants and public employees who are performing official duties, inspection and examination duties on Vietnamese workers working abroad under contracts according to legal documents or administrative documents issued by competent agencies and persons shall make records of administrative violations for illegal acts of voluntarily staying abroad after terminating the labor contract or vocational training contract without being threatened or coerced in any form and not subject to prosecution. criminal when there is one of the following grounds:

a) Directly detect violations while on duty;

b) Receive a written notification from a competent agency or organization of the host country about the employee's violation;

c) Receive a written notice from the employer abroad about the employee's violation.

2. In the cases specified in Points b and c, Clause 1 of this Article, making a record of administrative violations can only be done after information and documents have been checked and verified according to the provisions of law.

Article 6. Handling of administrative violations in the electronic environment

The handling of administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts in the electronic environment is carried out in accordance with the provisions of Article 18a of the Law on Handling of Administrative Violations and Chapter IIIa of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing a number of articles and measures to implement the amended Law on Handling of Administrative Violations. changed and supplemented by Decree No. 68/2025/NĐ-CP and Decree No. 190/2025/NĐ-CP.

Article 7. Fines and principles applicable to repeated administrative violations

1. The fines prescribed for administrative violations specified in Chapter II, Chapter III and Chapter IV of this Decree are fines for individuals; except for the cases specified in: Article 8; Article 9; Clause 3, Article 10; Clauses 3, 4, 5, 6 Article 19; Clauses 2 and 4, Article 36; Clause 1, Article 37; Clauses 1, 5, 6, 7, 8 Article 38; Clause 3, Article 42; Clauses 6 and 11, Article 48; Article 49; Clauses 1, 2, 3, 4, 5, 6, 7, 8 Article 50; Clauses 1, 2, 3, 4, 5, 6 Article 52; Clause 4, Article 53 of this Decree is the fine level for organizations. The fine for organizations is 2 times the fine for individuals.

2. Organizations that are fined twice the amount of fines imposed on individuals in this Decree include:

a) A state agency commits a violation that is not within the assigned state management tasks;

b) The enterprise is established and operates under Vietnamese law; branches, representative offices of Vietnamese enterprises or foreign enterprises operating in Vietnam;

c) Cooperatives and unions of cooperatives;

d) Public service provider;

d) Socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, economic organizations, people's armed units;

e) Permanent offices of foreign news, press, radio and television agencies, representative offices of foreign publishers or foreign publications publishing organizations in Vietnam;

g) Diplomatic missions, foreign consulates, representative agencies of international organizations under the United Nations system, intergovernmental international organizations, regional and sub-regional organizations; Representative offices of organizations belonging to foreign governments in Vietnam;

h) Vietnamese non-governmental organizations and foreign non-governmental organizations are granted registration certificates by competent Vietnamese agencies according to the provisions of Vietnamese law;

i) Representative offices operating unprofitably in Vietnam of foreign economic, commercial, financial, banking, insurance, scientific - technical, cultural, educational, medical, and legal consulting organizations;

k) Educational establishments, vocational education establishments, medical establishments, cultural and social establishments;

l) Other organizations established according to the provisions of law.

3. Business households and households that violate the provisions of this Decree will be punished as individuals.

4. Organizations and individuals that commit administrative violations multiple times will be sanctioned for each violation, except in the case of each violation specified in Clause 1, Article 42; Articles 43, 44, 45, 46 of this Decree at different times, if these violations have not been handled and the statute of limitations for handling has not expired, only one violation will be sanctioned, and at the same time, the aggravating circumstance of multiple administrative violations specified in Point b, Clause 1, Article 10 of the Law on Handling of Administrative Violations will be applied.

AND REMEDIAL MEASURES FOR BEHAVIOR

VIOLATIONS IN THE FIELD OF LABOR

Section 1

ADMINISTRATIVE VIOLATIONS ON EMPLOYMENT,

RECRUITMENT AND LABOR MANAGEMENT

Article 8. Violations of regulations on employment services for public employment service organizations

1. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on public employment service organizations that commit one of the following acts:

a) Failure to post working hours and employment service provision process according to regulations of competent state agencies;

b) Failure to report the results of employment service activities to the Department of Home Affairs through the National Employment Exchange as prescribed;

c) Failure to collect, store, and analyze labor market forecasts in the area.

2. A fine from 3,000,000 VND to 5,000,000 VND shall be imposed on public employment service organizations that commit one of the following acts:

a) Collect consulting and job placement fees from employees; collect fees for providing labor market information to workers;

b) Failure to receive and provide employment services on the National Employment Exchange according to instructions from the Ministry of Home Affairs;

c) Failure to ensure the safety and confidentiality of personal data, labor data, and employment transaction data according to the provisions of law;

d) Failure to update results on the National Employment Exchange within 20 working days from the date the employer announces the recruitment of workers;

d) Failure to monitor the employment status of the employee introduced by the employment service organization within 01 month or within the term of the labor contract in cases where the employee signs a labor contract of less than 01 month.

3. Remedial measures

Forced to return to the employee the amount of money collected illegally and the interest on this amount calculated according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanction for violations specified in Point a, Clause 2 of this Article.

Article 9. Violations of regulations on employment services for enterprises operating employment services

1. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on employment service enterprises that commit one of the following acts:

a) Do not publicly post the working schedule, prices of consulting and job placement services at the head office carrying out employment service activities, branches of the enterprise and contact information of the enterprise including: Business name, head office and branch addresses, electronic information page (website) (if any), email, contact phone number;

b) Failure to report the results of employment service activities of enterprises and enterprise branches to the Department of Home Affairs through the National Employment Exchange according to the provisions of law;

c) Failure to notify in writing or via the National Employment Exchange to the Department of Home Affairs where the enterprise's head office is located and the Department of Home Affairs where the enterprise's branch headquarters is located (in case the branch location is in a different province than where the enterprise is headquartered) within 10 working days from the date of decision to assign tasks to the branch;

d) Failure to notify in writing or through the National Employment Exchange to the Department of Home Affairs where the branch headquarters is located about the new location within 10 working days, before the date of relocation in case the enterprise moves the location of the branch headquarters.

2. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on a branch of an enterprise operating employment services that fails to publicly post the enterprise's decision to assign tasks to a branch operating employment services at the branch headquarters.

3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on employment service enterprises that commit one of the following acts:

a) Failure to update results on the National Employment Exchange within 20 working days from the date the employer announces the recruitment of workers;

b) Failure to monitor the employment status of the employee introduced by the enterprise within 01 month or within the term of the labor contract in cases where the employee signs a labor contract of less than 01 month;

c) Failure to create, update, and manage data on employees registering for consulting and job placement; data of employers registering to recruit workers and connecting and sharing information and data according to the guidance of the Ministry of Home Affairs;

d) Failure to ensure the safety and confidentiality of personal data, labor data, and employment transaction data according to the provisions of law;

d) Enterprises operating employment services in the form of e-commerce do not connect, share, and synchronize information and data on the National Employment Exchange when ensuring the conditions prescribed by law on e-commerce.

4. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on enterprises operating employment services that commit one of the following acts:

a) Failure to publicly announce on the mass media the location, field of operation, name of the legal representative performing employment service activities, electronic information page (website) (if any), email, contact phone number within 20 working days from the date of commencement of employment service activities;

b) Failure to notify the Department of Home Affairs where the enterprise is headquartered through the National Employment Exchange within 05 working days before the start of employment service activities or termination of employment service activities.

Article 10. Violations of employment regulations

1. Fines from 5,000,000 VND to 10,000,000 VND shall be imposed on organizations and individuals that commit discriminatory acts in employment that do not stem from specific job requirements and acts of maintaining and protecting jobs for vulnerable workers; except for discriminatory acts specified in Point a, Clause 2, Article 11, Point d, Clause 1, Article 19, Clause 2, Article 34, Clause 1, Article 40 and Point a, Clause 2, Article 41 of this Decree.

2. Fines from 20,000,000 VND to 40,000,000 VND shall be imposed on organizations and individuals that illegally exploit, share, and use information and data in the database on employees and labor market information that has not been published or disseminated by a competent state management agency without being prosecuted for criminal liability.

3. Fine from 45,000,000 VND to 60,000,000 VND for operating employment services without being a legally established employment service organization.

4. Fines from 50,000,000 VND to 70,000,000 VND shall be imposed on organizations and individuals that commit one of the following acts:

a) Fraud and falsification of records in the implementation of employment policies, assessment and issuance of national vocational skills certificates without criminal prosecution or not reaching the level of criminal prosecution;

b) Taking advantage of employment service activities to infringe upon national sovereignty, national defense, security, national interests, social order and safety, public interests, legitimate rights and interests of agencies, organizations and individuals without being prosecuted for criminal liability;

c) Illegally buying, selling, exchanging, or appropriating information and data in the employee database and labor market information that has not been announced or disseminated by a competent state management agency without being prosecuted for criminal liability.

5. Additional sanctions

Confiscate evidence of administrative violations that are fake documents for violations specified in Point a, Clause 4 of this Article.

6. Remedial measures

Forced to return to individuals and organizations using employment services the amount of money collected from individuals and organizations using employment services and the interest on this amount calculated according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanction for violations specified in Clause 3 of this Article.

Article 11. Violations of regulations on recruitment and labor management

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to declare labor use according to regulations;

b) Collect money from workers participating in labor recruitment;

c) Failure to fully display or enter information about the employee in the labor management book from the date the employee started working;

d) Failure to present the labor management book when requested by a competent state management agency.

2. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on organizations and individuals that commit one of the following acts:

a) Discrimination in labor, except for discriminatory acts specified in Clause 1, Article 10, Point d, Clause 1, Article 19, Clause 2, Article 34, Clause 1, Article 40 and Point a, Clause 2, Article 41 of this Decree;

b) Using workers who have not been trained or do not have a national vocational skills certificate for occupations and jobs that require the use of trained workers or must have a national vocational skills certificate;

c) Failure to report labor changes according to regulations;

d) Failure to prepare a labor management book or not making a labor management book on time or not ensuring the basic contents according to the law.

3. Fine from 50,000,000 VND to 75,000,000 VND for one of the following acts: solicitation; enticement; promise; Fraudulent advertising or other tricks to deceive workers or to recruit workers for the purpose of exploitation or forced labor but not to the extent of criminal prosecution.

4. Remedial measures

Force the employer to return to the employee the money collected for violations specified in Point b, Clause 1 of this Article.

Article 12. Violations of regulations on registration and adjustment of labor registration information

1. A fine from 1,000,000 VND to 2,000,000 VND shall be imposed on employees subject to compulsory social insurance who fail to provide information; Providing incomplete information or providing inaccurate information as prescribed as a basis for labor registration.

2. Fines shall be imposed on employers who fail to register or adjust labor registration information for employees when submitting applications to register or adjust social insurance participation information according to one of the following levels:

a) From 5,000,000 VND to 10,000,000 VND for violations from 01 person to 50 employees;

b) From 10,000,000 VND to 15,000,000 VND for violations involving 51 to 100 employees;

c) From 15,000,000 VND to 20,000,000 VND for violations of 101 or more employees.

3. Remedial measures

Forced registration and adjustment of labor registration information for violations specified in Clauses 1 and 2 of this Article.

Article 13. Violations of regulations on foreign workers working in Vietnam

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on the employer when violating one of the following acts:

a) Failure to notify or notify on time or notify with incomplete content as prescribed in Clause 4, Article 9 of Decree No. 219/2025/NĐ-CP dated August 7, 2025 of the Government regulating foreign workers working in Vietnam in cases where foreign workers do not have to go through procedures to certify that they are not subject to a work permit;

b) Failure to notify or notify on time or notify with incomplete content as prescribed in Clause 5, Article 9 of Decree No. 219/2025/NĐ-CP dated August 7, 2025 of the Government regulating foreign workers working in Vietnam in the case of foreign workers who have been granted a certificate of not being subject to a work permit and wish to work for that employer in many provinces and cities. centrally run city;

c) Failure to notify or notify on time or notify with incomplete content as prescribed in Clause 5, Article 22 of Decree No. 219/2025/NĐ-CP dated August 7, 2025 of the Government regulating foreign workers working in Vietnam in the case of foreign workers who have been granted a work permit and wish to work for that employer in many provinces and centrally run cities.

2. Fine from 5,000,000 VND to 10,000,000 VND for violation for each employee but not exceeding 75,000,000 VND for employers who commit one of the following acts:

a) Employing foreign workers to work inconsistently with the content stated on the work permit or confirmation of not being eligible for a work permit;

b) Failure to revoke or revoke the work permit on time and return it to the competent authority that issued the work permit with a written report on the case of revocation as prescribed in Clause 1, Article 31 of Decree No. 219/2025/NĐ-CP dated August 7, 2025 of the Government regulating foreign workers working in Vietnam;

c) Failure to submit the work permit as prescribed in Clause 2, Article 31 of Decree No. 219/2025/NĐ-CP dated August 7, 2025 of the Government regulating foreign workers working in Vietnam;

d) Failure to revoke or untimely revocation of the confirmation of not being eligible for a work permit to return to the competent authority that issued the confirmation along with a written report on the case of revocation as prescribed in Clause 1, Article 33 of Decree No. 219/2025/NĐ-CP dated August 7, 2025 of the Government regulating foreign workers working in Vietnam;

d) Failure to return the confirmation of not being eligible for a work permit as prescribed in Clause 2, Article 33 of Decree No. 219/2025/NĐ-CP dated August 7, 2025 of the Government regulating foreign workers working in Vietnam.

3. Fine from 15,000,000 VND to 25,000,000 VND for foreign workers working in Vietnam who commit one of the following acts:

a) Working without a work permit or without a certificate confirming that you are not eligible for a work permit according to the provisions of law;

b) Using an expired work permit or confirmation of not being subject to a work permit.

4. A fine from 40,000,000 VND to 60,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Correcting or falsifying documents and documents in the application for issuance, re-issuance or extension of work permits, confirmation of non-qualification of work permits for foreign workers but not to the extent of criminal prosecution;

b) Using forged papers and documents in applications for issuance, re-issuance, extension of work permits, or confirmation of not being subject to a work permit without being prosecuted for criminal liability.

5. Fines shall be imposed on employers who employ foreign workers to work in Vietnam without a work permit or without a confirmation that they are not subject to a work permit or that employ foreign workers with an expired work permit or a confirmation that they are not subject to a work permit that has expired according to one of the following levels:

a) From 30,000,000 VND to 45,000,000 VND for violations from 01 person to 10 people;

b) From 45,000,000 VND to 60,000,000 VND for violations involving 11 to 20 people;

c) From 60,000,000 VND to 75,000,000 VND for violations of 21 people or more.

6. Additional sanctions

a) Confiscate evidence that is altered, falsified papers or documents or forged papers or documents for violations in Clause 4 of this Article;

b) Expel foreign workers working in Vietnam when violating the provisions of Clauses 3 and 4 of this Article.

7. Remedial measures:

a) Force notification according to regulations for violations in Points a, b and c, Clause 1 of this Article;

b) Forced to return the work permit, the confirmation of not being subject to a work permit that has been issued to the competent agency that has issued the work permit, the confirmation of not being subject to that work permit for violations specified in Points b, c, d, dd Clause 2, Point b Clause 3 and Clause 4 of this Article.

Article 14. Violations of regulations on recruitment, employment, and management of Vietnamese workers working for foreign organizations and individuals in Vietnam

1. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on foreign organizations and individuals in Vietnam for employing Vietnamese workers but not reporting periodically or reporting with incorrect content or not reporting on time to agencies and organizations competent to recruit and manage Vietnamese workers on the recruitment and use of Vietnamese workers in accordance with the law.

2. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on foreign organizations and individuals in Vietnam for failing to notify in writing in accordance with the provisions of law to agencies and organizations competent to recruit and manage Vietnamese workers from the date of signing the labor contract with Vietnamese workers or from the date of termination of employment of Vietnamese workers according to the provisions of law.

3. Fines from 1,000,000 VND to 3,000,000 VND shall be imposed on Vietnamese workers for failing to comply or not complying on time or not fully implementing regulations on management of Vietnamese employees working for foreign organizations and individuals in Vietnam.

4. Fines from 3,000,000 VND to 5,000,000 VND shall be imposed on Vietnamese workers for intentional violations after being notified of the implementation of regulations on management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

5. Remedial measures

a) Forcing foreign organizations and individuals in Vietnam to report on the recruitment and use of Vietnamese workers for violations in Clause 1 of this Article; Notify in writing according to the provisions of law for violations in Clause 2 of this Article;

b) Force Vietnamese workers to fully fulfill labor management obligations and responsibilities according to the provisions of law for violations in Clauses 3 and 4 of this Article.

Section 2

ADMINISTRATIVE VIOLATIONS ON LABOR CONDITIONS

AND LABOR RELATIONS

Article 15. Violations of regulations on entering into labor contracts

1. Fines will be imposed on employers when committing one of the following acts: entering into unwritten labor contracts with employees doing jobs with a term of 1 full month or more; entering into non-written labor contracts with a person authorized to enter into labor contracts for groups of workers aged 18 years or older doing seasonal work or certain jobs with a term of less than 12 months as prescribed in Clause 2, Article 18 of the Labor Code; entering into the wrong type of labor contract with employees; Signing a labor contract that does not fully include the main contents of a labor contract as prescribed by law according to one of the following levels:

a) From 2,000,000 VND to 5,000,000 VND for violations from 01 to 10 employees;

b) From 5,000,000 VND to 10,000,000 VND for violations from 11 to 50 employees;

c) From 10,000,000 VND to 15,000,000 VND for violations involving 51 to 100 employees;

d) From 15,000,000 VND to 20,000,000 VND for violations from 101 to 300 employees;

d) From 20,000,000 VND to 25,000,000 VND for violations of 301 or more employees.

2. A fine of from 20,000,000 VND to 25,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Keep the original copies of the employee's identification documents, diplomas or certificates when concluding or implementing the labor contract;

b) Forcing the employee to provide security in money or other assets for the performance of the labor contract;

c) Enter into a labor contract with an employee from 15 years old to under 18 years old without the written consent of that person's legal representative.

3. Remedial measures

a) Forcing the employer to enter into a written labor contract with the employee when entering into a non-written labor contract with an employee doing a job with a term of 01 full month or more as prescribed in Clause 1 of this Article;

b) Forcing the employer to enter into a written labor contract with a person authorized to enter into a labor contract for a group of employees doing seasonal work or certain jobs with a term of less than 12 months when there is an act of not entering into a written labor contract with a person authorized to enter into a labor contract for a group of employees aged 18 or older doing seasonal work or a certain job with a term of less than 12 months as prescribed in Clause 2 of Article 18 of the Labor Code specified in Clause 1 of this Article;

c) Force the employer to enter into the correct type of contract with the employee for the act of entering into the incorrect type of labor contract with the employee specified in Clause 1 of this Article;

d) Forcing the employer to return original identification documents; diploma; the employee's kept certificate for violations specified in Point a, Clause 2 of this Article;

d) Force the employer to return the money or property kept by the employee plus the interest on the money kept by the employee calculated according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning for violations specified in Point b, Clause 2 of this Article.

Article 16. Violation of regulations on probation

1. A fine from 500,000 VND to 1,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Probation for employees working under labor contracts with a term of less than 01 month;

b) Failure to notify the employee of the probationary results when the probationary period ends.

2. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Requiring employees to try more than once for one job;

b) Probation exceeds the agreed time or exceeds the conditions specified in Article 25 of the Labor Code;

c) Pay probationary salary lower than agreed or lower than 85% of the salary for that job;

d) Failure to enter into a labor contract upon satisfactory probation in cases where both parties have entered into a probationary contract.

3. Remedial measures

a) Force the employer to pay the full salary for that job to the employee when there is a violation specified in Point a, Clause 1, Points a, b, c, Clause 2 of this Article;

b) Force the employer to enter into a labor contract with the employee when there is a violation specified in Point d, Clause 2 of this Article.

Article 17. Violation of regulations on implementation of labor contracts

1. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on the employer who temporarily transfers the employee to a job other than the labor contract but does not notify the employee 03 working days in advance or does not notify or notifies the temporary work term clearly or arranges work inconsistent with the employee's health and gender.

2. A fine of from 3,000,000 VND to 7,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Arrange employees to work at a location other than the work location agreed in the labor contract, except for the case specified in Article 29 of the Labor Code;

b) Not accepting the employee back to work after the expiration of the temporary suspension of the labor contract if the labor contract is still valid, unless the employer and employee have a different agreement or the law has other provisions;

c) Transferring the employee to a job different from the labor contract for the wrong reason; period or without the employee's written consent as prescribed by law.

3. Fine from 15,000,000 VND to 30,000,000 VND for sexual harassment in the workplace but not to the extent of criminal prosecution.

4. A fine from 50,000,000 VND to 75,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Forced labor or mistreatment of workers but not to the extent of criminal prosecution;

b) Forcing employees to perform labor contracts to repay debts to employers.

5. Remedial measures

a) Force the employer to arrange the employee to work at the location agreed upon in the labor contract when there is a violation specified in Point a, Clause 2 of this Article;

b) Forcing the employer to accept the employee back to work after the expiration of the temporary suspension period for implementing the labor contract unless the two parties have otherwise agreed or otherwise prescribed by law, and forcing the employer to pay wages to the employee for the days of not accepting the employee back to work after the expiration of the temporary suspension period for implementing the labor contract for violations specified in Point b, Clause 2 of this Article;

c) Force the employer to arrange the employee to do the job in accordance with the signed labor contract when there is a violation specified in Point c, Clause 2 of this Article;

d) Forced to publicly apologize at the place of residence, workplace, other locations or on the mass media, unless the victim has a petition not to request it.

Article 18. Violations of regulations on amendments, supplements, and termination of labor contracts

1. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on the employer who fails to notify the employee in writing of the termination of the labor contract when the labor contract terminates according to the provisions of the Labor Code, except for the cases specified in Clauses 4, 5, 6, 7 and 8, Article 34 of the Labor Code.

2. Fines will be imposed on employers who commit one of the following acts: Modifying the term of the contract with an appendix to the labor contract; Failure to comply with regulations on payment deadlines for employee benefits upon termination of labor contracts; not paying or not paying enough severance pay to employees according to the provisions of law; not paying or not paying enough unemployment benefits to employees according to the provisions of law; not paying or not paying enough money to employees according to the provisions of law when illegally unilaterally terminating the labor contract; Failure to complete procedures to confirm the time of payment of social insurance and unemployment insurance and return it along with the original copies of other documents kept by the employee after terminating the labor contract according to the provisions of law; Do not provide copies of documents related to the employee's working history if the employee requests after terminating the labor contract at one of the following levels:

a) From 1,000,000 VND to 2,000,000 VND for violations from 01 person to 10 employees;

b) From 2,000,000 VND to 5,000,000 VND for violations from 11 to 50 employees;

c) From 5,000,000 VND to 10,000,000 VND for violations involving 51 to 100 employees;

d) From 10,000,000 VND to 15,000,000 VND for violations from 101 to 300 employees;

d) From 15,000,000 VND to 20,000,000 VND for violations of 301 or more employees.

3. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Dismissal of employees in case of structural or technological changes or for economic reasons in one of the following cases: failure to consult in advance with the employee representative organization at the facility for the place where there is an employee representative organization at the facility of which the employee is a member; failure to notify the Provincial People's Committee or employees 30 days in advance;

b) In case of structural, technological changes or economic reasons; when dividing, separating, consolidating, merging; selling, leasing, converting business types; Transfer of ownership and rights to use assets of an enterprise or cooperative where the employer commits one of the following acts: not making a labor use plan; preparing a labor utilization plan that does not include all the main contents as prescribed by law or failing to exchange opinions with the grassroots employee representative organization for places where there is a grassroots employee representative organization when developing a labor utilization plan;

c) Using regulations to evaluate the level of job completion but not consulting with the representative organization of workers at the facility for places where there is a representative organization of workers at the facility.

4. Remedial measures

a) Force the employer to pay full severance pay or redundancy pay to the employee plus interest on the unpaid amount calculated according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanction for the act of not paying or insufficiently paying the severance pay or redundancy pay to the employee specified in Clause 2 of this Article;

b) Force the employer to complete the procedure to confirm and return other documents kept by the employee to the employee for the act of not completing the procedure to confirm the time of payment of social insurance and unemployment insurance and return them along with the original copies of other documents kept by the employee after terminating the labor contract according to the provisions of law specified in Clause 2 of this Article;

c) Force the employer to pay the employee an amount of money corresponding to the salary under the labor contract for days without prior notice when there is a violation of the notice period specified in Point a, Clause 3 of this Article.

Article 19. Violations of regulations on labor leasing

1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed on the outsourcing party that commits one of the following acts:

a) Failure to notify or provide instructions to the subleased employee about one of the following contents: labor regulations; dangerous factors; harmful factors; measures to ensure safety and hygiene at the workplace and other regulations;

b) Failure to organize occupational safety and hygiene training for subleased employees as prescribed by law;

c) Failure to promptly provide first aid and emergency care to victims; Failure to declare or investigate accidents when occupational accidents or technical incidents cause loss of occupational safety and hygiene for subleased workers according to the provisions of law;

d) Discrimination in terms of working conditions for subcontracted employees compared to their own employees.

2. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed on the subcontracting party that commits one of the following acts:

a) Using subleased labor to do jobs that are not on the list of jobs that can be subleased;

b) Using subleased labor provided by an enterprise other than a labor leasing enterprise;

c) Using subcontracted labor to replace workers who are exercising their right to strike or resolve labor disputes;

d) Using hired labor to replace workers laid off due to structural and technological changes; for economic reasons or division; cup; merge; merger;

d) Transfer the subleased employee to another employer;

e) Using subleased labor without having a specific agreement on the responsibility of compensation for labor accidents and occupational diseases of the subleased employee with the labor leasing enterprise;

g) Using subcontracted labor that does not fall into one of the following cases: temporarily meeting a sudden increase in labor demand within a certain period of time; replace employees who are on maternity leave, have labor accidents, occupational diseases, or must perform civic duties; There is a need to employ workers with high professional and technical qualifications.

3. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on labor leasing enterprises that commit one of the following acts:

a) Failure to prepare documents clearly stating the number of subleased workers and the leasing party;

b) Failure to report the labor leasing situation according to the provisions of law;

c) Failure to coordinate with the outsourcing party in investigating an occupational accident that seriously injured a subhired employee according to the provisions of law;

d) Failure to notify the subleased employee of the contents of ensuring occupational safety and hygiene in the labor leasing contract;

d) Failure to appoint people to regularly supervise, coordinate or inspect the outsourcing party's assurance of occupational safety and hygiene for subleased workers;

e) Failure to keep records on occupational safety and hygiene related to subleased employees as prescribed by law.

4. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on labor leasing enterprises that commit one of the following acts:

a) Failure to notify labor leasing activities to competent state agencies as prescribed by law, unless the enterprise has a valid labor leasing license;

b) Failure to notify the termination of labor leasing activities to the competent state agency as prescribed by law.

5. Fines shall be imposed on labor leasing enterprises that commit one of the following acts: paying subleased workers lower wages than the wages of workers with the same qualifications, doing the same job or work of equal value of the leasing party; Failure to properly implement regimes for employees suffering from labor accidents and occupational diseases according to the provisions of law; Failure to notify or falsely notify the employee of the content of the labor leasing contract according to one of the following levels:

a) From 10,000,000 VND to 20,000,000 VND for violations from 01 to 10 employees;

b) From 20,000,000 VND to 40,000,000 VND for violations from 11 to 50 employees;

c) From 40,000,000 VND to 60,000,000 VND for violations involving 51 to 100 employees;

d) From 60,000,000 VND to 80,000,000 VND for violations from 101 to 300 employees;

d) From 80,000,000 VND to 100,000,000 VND for violations of 301 or more employees.

6. A fine from 80,000,000 VND to 100,000,000 VND shall be imposed on labor leasing enterprises that commit one of the following acts:

a) leasing labor to perform work that is not on the list of jobs allowed to leasing labor;

b) leasing labor to employees exceeding 12 months;

c) Failure to ensure the implementation of deposit according to the provisions of law.

7. Remedial measures

a) Force labor leasing enterprises to notify labor leasing activities or notify termination of labor leasing activities to competent state agencies when there are violations specified in Clause 4 of this Article;

b) Force the labor leasing enterprise to pay the difference in salary to the employee when paying the subleased employee a salary that is lower than the salary of the leasing party's employee with the same qualifications, doing the same job or work of equal value as prescribed in Clause 5 of this Article.

Article 20. Violations of regulations on training, fostering and improving vocational skills

1. Fines will be imposed on employers who commit one of the following acts: not training workers before transferring them to another job; Vocational training contracts do not contain the main contents as prescribed in Clause 2, Article 62 of the Labor Code; collect tuition fees from apprentices and trainees to work for them; Do not sign training contracts with apprentices or apprentices to work for you in cases where the employer is not required to register vocational education activities as prescribed in Clause 3, Article 61 of the Labor Code; Do not pay salaries to apprentices or trainees during the time they study or practice the profession but directly or participate in labor; Failure to sign a labor contract with an apprentice or apprentice at the end of the apprenticeship or internship period and meeting the conditions prescribed by the Labor Code according to one of the following levels:

a) From 500,000 VND to 2,000,000 VND for violations from 01 to 10 employees;

b) From 2,000,000 VND to 5,000,000 VND for violations from 11 to 50 employees;

c) From 5,000,000 VND to 10,000,000 VND for violations involving 51 to 100 employees;

d) From 10,000,000 VND to 15,000,000 VND for violations from 101 to 300 employees;

d) From 15,000,000 VND to 20,000,000 VND for violations of 301 or more employees.

2. A fine from 50,000,000 VND to 75,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Taking advantage of the name of vocational training or vocational training to profit or exploit labor or seduce or force apprentices or apprentices to engage in illegal activities;

b) Recruiting people under 14 years old for vocational training or vocational training, except for occupations and jobs permitted by law;

c) Recruiting trainees to work for you for a period of more than 3 months.

3. Remedial measures

a) Forcing employers to return tuition fees collected from apprentices and trainees to work for them when they collect tuition fees from apprentices and trainees to work for them as prescribed in Clause 1 of this Article;

b) Forcing employers to pay salaries to apprentices and trainees when they commit acts of not paying salaries to apprentices or trainees during the period of apprenticeship or vocational training who directly or participate in labor as prescribed in Clause 1 of this Article;

c) Force the employer to pay into the state budget the illegal profits obtained for violations specified in Point a, Clause 2 of this Article;

d) Forcing employers to terminate vocational training and internships for people under 14 years of age; Full payment of salaries, vocational training costs and other benefits as agreed (if any) for violations specified in Point b, Clause 2 of this Article.

Article 21. Violation of regulations on dialogue at the workplace

A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on employers who commit one of the following acts:

1. Failure to develop, promulgate or amend or supplement grassroots democracy regulations at the workplace according to the provisions of law.

2. Not holding regular dialogues at work; not conducting dialogue when requested; Failure to coordinate in organizing employee conferences according to the provisions of law.

3. Do not publicize the main content of the dialogue or the grassroots democracy regulations at the workplace or the contents that must be publicized include: list of representative members participating in the dialogue of the employer and employee sides; production and business situation of the employer; labor regulations, salary scales, payroll, labor norms, internal rules, regulations and other regulatory documents of the employer related to the rights, obligations and responsibilities of employees; collective labor agreements to which the employer participates; the establishment and use of reward funds, welfare funds and funds contributed by employees (if any); Deduction and payment of trade union fees, social insurance, health insurance, unemployment insurance; the implementation of emulation, rewards, discipline, settlement of complaints and denunciations related to the rights, obligations and interests of employees; Other content as prescribed by law.

4. Failure to arrange location, time and other necessary physical conditions to organize conversations at work.

5. Failure to appoint or sending the wrong representative of the employer to participate in dialogue at the workplace according to regulations.

6. Failure to consult with the representative organization of workers at the grassroots (if any) and the representative dialogue group of workers (if any) when developing, amending and supplementing regulations on grassroots democracy at the workplace.

7. Failure to report the implementation of dialogue and grassroots democratic regulations in the workplace to state labor management agencies when requested.

Article 22. Violations of regulations on collective bargaining and collective labor agreements

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to send the collective labor agreement to the Department of Home Affairs where the head office is located;

b) Failure to pay costs for negotiations; signed; amendments and supplements; send; announce collective labor agreement;

c) Providing information not on time as prescribed or providing false information about: production and business activities; Other content directly related to the content of negotiation according to regulations when requested by employee representatives to conduct collective bargaining;

d) Failure to disclose the signed collective labor agreement to employees.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to provide information about: production and business activities; Other content directly related to the content of negotiation according to regulations when requested by employee representatives to conduct collective bargaining;

b) Failure to arrange time, location or necessary conditions to organize collective bargaining sessions.

3. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed on the employer when committing one of the following acts:

a) Refuse to negotiate collectively when receiving a request from the party requesting the negotiation;

b) Implement the content of the collective labor agreement that has been declared invalid;

c) Causing difficulties, hindering or interfering in the process of organizing employee representatives to discuss, collect employees' opinions, and vote on the draft collective labor agreement.

4. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for the collective bargaining party's refusal to have a bargaining representative invited by the other party as prescribed in Clause 3, Article 69 of the Labor Code.

Article 23. Violations of salary regulations

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to publicly announce at the workplace before implementation: salary scale, salary table; labor level; bonus regulations;

b) Failure to develop salary scales, payroll or labor norms; Do not apply labor level testing before official issuance;

c) Failure to consult with the representative organization of workers at the grassroots level for places where there is a representative organization of workers at the grassroots level when developing salary scales and payrolls; labor norms; bonus regulations;

d) Failure to notify the salary list or notifying the salary list to employees but not in accordance with regulations;

d) Not paying equal wages or gender discrimination for employees doing work of equal value.

2. Fines shall be imposed on employers who commit one of the following acts: not paying wages on time according to the provisions of law; not paying or not paying enough wages to employees as agreed in the labor contract; not paying or not paying enough overtime wages; not paying or not paying enough wages for working at night; not paying or not paying enough severance pay to employees according to the provisions of law; restrict or interfere with employees' right to decide on salary spending; forcing employees to spend their salaries on purchasing goods and using services from the employer or another unit designated by the employer; Deducting employees' salaries in contravention of legal regulations; Failure to pay or insufficient salary according to regulations to employees when temporarily transferring employees to a job other than the labor contract or during a strike; not paying or not fully paying the employee's salary for days not yet taking annual leave or not taking all the days of annual leave when the employee quits or loses his or her job; Failure to advance or not advance enough salary for employees during the period of temporary suspension from work according to the provisions of law; Failure to pay the employee full salary for the period of temporary suspension in case the employee is not subject to labor discipline at one of the following levels:

a) From 5,000,000 VND to 10,000,000 VND for violations from 01 to 10 employees;

b) From 10,000,000 VND to 20,000,000 VND for violations from 11 to 50 employees;

c) From 20,000,000 VND to 30,000,000 VND for violations involving 51 to 100 employees;

d) From 30,000,000 VND to 40,000,000 VND for violations from 101 to 300 employees;

d) From 40,000,000 VND to 50,000,000 VND for violations of 301 or more employees.

3. Fines shall be imposed on employers for paying employees lower than the minimum wage prescribed by the Government according to the following levels:

a) From 20,000,000 VND to 30,000,000 VND for violations from 01 to 10 employees;

b) From 30,000,000 VND to 50,000,000 VND for violations from 11 to 50 employees;

c) From 50,000,000 VND to 75,000,000 VND for violations of 51 or more employees.

4. Fines shall be imposed on employers for failing to pay or not fully paying at the same time as the salary period an amount of money to the employee equivalent to the amount the employer pays for compulsory social insurance, health insurance, or unemployment insurance for employees who are not subject to participation in compulsory social insurance, health insurance, or unemployment insurance according to the provisions of law according to one of the following levels:

a) From 3,000,000 VND to 5,000,000 VND for violations from 01 person to 10 employees;

b) From 5,000,000 VND to 8,000,000 VND for violations from 11 to 50 employees;

c) From 8,000,000 VND to 12,000,000 VND for violations involving 51 to 100 employees;

d) From 12,000,000 VND to 15,000,000 VND for violations from 101 to 300 employees;

d) From 15,000,000 VND to 20,000,000 VND for violations of 301 or more employees.

5. Remedial measures

a) Force the employer to pay the full salary plus interest on late or underpaid salary to the employee calculated according to the highest interest rate on demand deposits announced by state-owned commercial banks at the time of sanction for violations specified in Clauses 2 and 3 of this Article;

b) Forcing the employer to pay a full amount of money equivalent to the compulsory social insurance, health insurance, and unemployment insurance contributions plus interest on that amount calculated according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning the employee for violations specified in Clause 4 of this Article.

Article 24. Violations of regulations on working hours and rest times

1. A fine from 2,000,000 VND to 5,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to guarantee employees personal leave or unpaid leave as prescribed by law;

b) Failure to notify in writing the Department of Home Affairs where overtime is organized and where the head office is located about the organization of overtime from over 200 hours to 300 hours in a year.

2. A fine from 10,000,000 VND to 20,000,000 VND shall be imposed on employers who violate the provisions of law on weekly or annual leave or public holidays.

3. A fine of from 20,000,000 VND to 25,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Performing normal working hours in excess of the working hours prescribed by law;

b) Mobilizing employees to work overtime without the employee's consent, except in cases specified in Article 108 of the Labor Code.

4. Fines shall be imposed on employers for one of the following acts: failure to ensure workers have breaks during working hours or shift breaks as prescribed by law; Mobilize employees to work overtime in excess of the hours prescribed by law according to one of the following levels:

a) From 5,000,000 VND to 10,000,000 VND for violations from 01 to 10 employees;

b) From 10,000,000 VND to 20,000,000 VND for violations from 11 to 50 employees;

c) From 20,000,000 VND to 40,000,000 VND for violations involving 51 to 100 employees;

d) From 40,000,000 VND to 60,000,000 VND for violations from 101 to 300 employees;

d) From 60,000,000 VND to 75,000,000 VND for violations of 301 or more employees.

Article 25. Violations of regulations on labor discipline and material responsibility

1. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on employers who do not notify labor regulations to all employees or do not post the main contents of labor regulations in necessary places at the workplace.

2. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on employers who commit one of the following acts:

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

b) Failure to register labor regulations according to the provisions of law;

c) Failure to consult with the representative organization of workers at the grassroots level for places where there is a representative organization of workers at the grassroots level before promulgating or amending or supplementing labor regulations;

d) Using labor regulations that are not yet effective or have expired;

d) Handling labor discipline and compensation for damages is not done in the correct order; procedure; statute of limitations as prescribed by law;

e) Temporarily suspend work beyond the time limit prescribed by law;

g) Before suspending the employee's work, the employer does not consult with the employee representative organization at the facility where the employee is being considered for temporary suspension as a member.

3. A fine of from 20,000,000 VND to 40,000,000 VND shall be imposed on the employer when committing one of the following acts:

a) Violating the health and life of workers when handling labor discipline but not to the extent of criminal prosecution;

b) Violating the honor, reputation or dignity of workers when handling labor discipline without criminal prosecution;

c) Using fines or salary cuts instead of labor discipline;

d) Disciplinary action against employees whose violations are not specified in the internal labor regulations or not agreed upon in the concluded labor contract or not regulated by labor laws;

d) Applying multiple forms of labor discipline for a violation of labor discipline;

e) Handle labor discipline for employees who are on sick leave; nursing leave; Leave work with the consent of the employer; being detained; being detained; awaiting the results of the competent authority's investigation, verification and conclusion regarding the violations specified in Clauses 1 and 2, Article 125 of the Labor Code.

4. Remedial measures

a) Force the employer to accept the employee back to work and pay the full salary according to the labor contract to the employee corresponding to the days off when the employer applies the disciplinary form of dismissal for violations specified in Point dd, Clause 2, Point d, Clause 3 of this Article;

b) Force the employer to pay full salary for the days of temporary suspension from work to the employee when committing the acts specified in Points e and g, Clause 2 of this Article;

c) Force the employer to publicly apologize to the employee and pay all treatment costs and salary for the employee during the treatment period if the violation causes physical injury to the employee to the point of requiring treatment at a medical facility when violating the provisions of Point a, Clause 3 of this Article;

d) Force the employer to return the collected money or pay the full salary to the employee for violations specified in Point c, Clause 3 of this Article.

Article 26. Violations of regulations on female workers and ensuring gender equality

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on the employer when committing one of the following acts:

a) Failure to ensure implementation of gender equality and measures to promote gender equality in one of the following cases but not to the extent of criminal prosecution: recruitment; arrange; employment arrangements; train; working hours; rest time; salary; other modes;

b) Failure to consult female workers or their representatives when deciding on issues related to the rights and interests of female workers.

2. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Employing pregnant employees from the 7th month or from the 6th month if working in highland, remote, border, or island areas to work overtime or work at night or on long business trips;

b) Employing employees who are raising children under 12 months old to work overtime or work at night or go on long business trips, unless otherwise agreed by the employee;

c) Do not change jobs or reduce working hours for female employees doing heavy, toxic, dangerous or especially heavy, toxic, dangerous occupations or jobs or doing occupations or jobs that adversely affect reproductive and child-rearing functions during pregnancy that the employee has informed the employer according to the provisions of Clause 2, Article 137 of the Labor Code, unless the two parties have otherwise agreed;

d) Do not allow female workers to rest 30 minutes per day during menstruation unless otherwise agreed by both parties;

d) Do not allow female employees to take 60 minutes off per day while raising children under 12 months old unless otherwise agreed by both parties;

e) Failure to ensure employment for employees as prescribed in Article 140 of the Labor Code;

g) Do not give priority to entering into a new labor contract in cases where the labor contract expires while the female employee is pregnant or raising a child under 12 months old;

h) Handle labor discipline for female employees who are pregnant or on maternity leave according to the provisions of law on social insurance; handle labor discipline for employees raising children under 12 months old;

i) Dismissing an employee or unilaterally terminating a labor contract with an employee for reasons of marriage, pregnancy, maternity leave or raising a child under 12 months old, except in cases where the employer is an individual who dies, is declared by the Court to have lost civil act capacity, is missing or dead, or the employer is not an individual who terminates operations or is notified by the specialized business registration agency of the Provincial People's Committee that there is no legal representative. law, the authorized person exercises the rights and obligations of the legal representative but not to the extent of being prosecuted for criminal liability;

k) Failure to provide adequate information about the dangerous nature, risks, and requirements of the job for workers to choose and failure to ensure safe and hygienic conditions for workers as prescribed when using them to do jobs in the list of occupations and jobs that adversely affect reproductive and child-rearing functions;

l) Do not install a room to express and store breast milk at the workplace when employing 1,000 or more female workers.

3. Remedial measures

a) Force the employer to pay the female employee a salary corresponding to the time the female employee is not allowed to take time off during menstruation according to the provisions of law when there is a violation specified in Point d, Clause 2 of this Article;

b) Force the employer to pay the female employee a salary corresponding to the time the female employee is not on leave while raising a child under 12 months old according to the provisions of law for violations specified in Point dd, Clause 2 of this Article;

c) Force the employer to accept the employee back to work when there is a violation specified in Point i, Clause 2 of this Article.

Article 27. Violations of regulations on underage labor

1. A fine from 1,000,000 VND to 2,000,000 VND shall be imposed on employers who do not establish a separate monitoring book or establish a separate monitoring book but do not fully record the contents as prescribed in Clause 3, Article 144 of the Labor Code when employing minor workers or do not present a monitoring book when requested by a competent state agency.

2. A fine of from 20,000,000 VND to 25,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Employing minors without the consent of the minor's father, mother or guardian;

b) Employing a person under 15 years old to work and: entering into an unwritten labor contract with a person under 15 years old and that person's legal representative; Arranging working hours affects the study time of people under 15 years old; There is no health certificate from a competent medical examination and treatment facility certifying that the person under 15 years old is fit for work; Failure to organize periodic health checks at least once every 6 months or failure to ensure age-appropriate working conditions, safety, and labor hygiene;

c) Employing minor workers to work beyond the working hours specified in Article 146 of the Labor Code;

d) Employing people under 15 years old to work overtime or at night;

d) Employing people from 15 years old to under 18 years old to work overtime or work at night in occupations and jobs not permitted by law.

3. A fine from 50,000,000 VND to 75,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Employing people from 13 years old to under 15 years old to do work outside the list permitted by law according to the provisions of Clause 3, Article 143 of the Labor Code;

b) Employing a person under 13 years old to do work outside the list permitted by law according to the provisions of Clause 3, Article 145 of the Labor Code or employing a person under 13 years old to do work permitted by law without the consent of the specialized labor agency under the Provincial People's Committee;

c) Employing workers from 15 years old to under 18 years old to do prohibited jobs or work at prohibited workplaces specified in Article 147 of the Labor Code but not to the extent of criminal prosecution.

Article 28. Violations of labor regulations as domestic servants

1. A warning shall be imposed on the employer who commits one of the following acts:

a) Failure to enter into a written labor contract with a domestic worker;

b) Do not pay for transportation when a domestic worker quits his job and returns to his place of residence, except in the case of a domestic worker who terminates the labor contract ahead of time.

2. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to notify the People's Committee of the commune, ward, or special zone of the employment or termination of the employment of domestic workers according to regulations;

b) Have been sanctioned with a warning for violations specified in Clause 1 of this Article but continue to violate.

3. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Keep identification papers of domestic workers;

b) Failure to pay social insurance and health insurance to domestic workers as prescribed by law so that the employee can actively participate in social insurance and health insurance.

4. A fine from 50,000,000 VND to 75,000,000 VND shall be imposed on employers who commit acts of mistreatment, sexual harassment, forced labor, or use of force against domestic workers but not to the extent of criminal prosecution.

5. Remedial measures

a) Forcing the employer to enter into a written labor contract with the domestic worker when violating the provisions at Point a, Clause 1 of this Article;

b) Force the employer to pay full travel fare for domestic workers for violations specified in Point b, Clause 1 of this Article;

c) Force the employer to return identification documents to domestic workers for violations specified in Point a, Clause 3 of this Article;

d) Force the employer to fully pay social insurance and health insurance for domestic workers when violating the provisions at Point b, Clause 3 of this Article.

Article 29. Violations of regulations on elderly workers and disabled people

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for each employee for the employer who commits one of the following acts:

a) Failure to consult disabled employees when deciding on issues related to their rights and interests;

b) Employing employees with mild disabilities whose working ability is reduced by 51% or more, or with severe disabilities or especially severe disabilities, to work overtime or at night, unless the disabled employee agrees.

2. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed on employers who employ elderly workers to do jobs that are heavy, toxic, dangerous, or particularly heavy, toxic, or dangerous that adversely affect the health of elderly workers, unless safe working conditions are guaranteed.

Article 30. Violations of regulations on strikes

1. A warning shall be imposed on workers who participate in a strike after a decision to postpone or stop the strike by the Chairman of the Provincial People's Committee.

2. Fine from 1,000,000 VND to 2,000,000 VND for workers who commit one of the following acts:

a) Obstructing the exercise of the right to strike, inciting, enticing or forcing workers to strike;

b) Preventing workers who do not participate in the strike from going to work;

c) Using violence; destroying machinery, equipment or property of the employer but not to the extent of criminal prosecution.

3. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Terminate the labor contract or take disciplinary action against the employee or strike leader or transfer the employee or strike leader to another job or to work elsewhere for reasons of preparing to strike or participating in a strike;

b) Retaliation or retaliation against workers participating in a strike or strike leaders;

c) Temporarily close the workplace in cases specified in Article 206 of the Labor Code;

d) Causing difficulties, hindering or interfering in the process of organizing employee representatives at the facility to get opinions about the strike.

4. Remedial measures

a) Force the employer to take back the employee or strike leader when terminating the labor contract with the employee or strike leader or cancel the decision to handle labor discipline, transfer the employee or strike leader to another job, go to work elsewhere for the reason of preparing for a strike or participating in a strike, and pay the full salary to the employee during the termination of the labor contract for violations specified in Point a, Clause 3 of this Article;

b) Force the employer to pay wages to employees during the days of temporary closure of the workplace for violations specified in Point c, Clause 3 of this Article.

Section 3

VIOLATIONS IN LABOR SAFETY AND HYGIENE

Article 31. Violations of regulations on reporting on occupational safety and hygiene

1. A fine from 500,000 VND to 1,000,000 VND shall be imposed on workers who fail to promptly report to the responsible person when detecting the risk of technical incidents causing unsafety, labor hygiene, labor accidents or occupational diseases.

2. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on employers who fail to report or report on time on occupational safety and hygiene according to the provisions of law.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on employers who commit one of the following acts: not recording occupational accidents; failure to report periodically or report incompletely or report inaccurately or report on time about labor accidents and occupational diseases; Failure to report periodically or reporting incompletely or reporting inaccurately or not reporting on time about technical incidents causing serious loss of safety and occupational hygiene according to the provisions of law.

Article 32. Violations of regulations on measures to ensure occupational safety and hygiene

Fines for violations of regulations on measures to ensure occupational safety and hygiene but not to the extent of criminal prosecution are as follows:

1. A fine from 500,000 VND to 1,000,000 VND shall be imposed on employers who fail to prepare records of occupational environmental hygiene for harmful factors and prevent occupational diseases according to the provisions of law.

2. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to develop, promulgate or organize the implementation of plans, rules and procedures to ensure occupational safety and hygiene at the workplace or when developing without consulting the Executive Committee of the grassroots trade union;

b) Failure to arrange a department or person to work on occupational safety and hygiene or arrange a person to work on occupational safety and hygiene but that person does not meet the conditions prescribed by law; Failing to arrange a department or person to do medical work or failing to sign a contract with a qualified medical examination and treatment facility according to regulations or arranging a person to do medical work but that person does not meet the conditions prescribed by law;

c) Failure to arrange enough first aid and emergency personnel at the workplace according to regulations;

d) Failure to organize training for first aid and emergency services at the workplace or organize training that does not comply with regulations.

3. A fine of from 20,000,000 VND to 25,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to periodically inspect and maintain machinery, equipment, factories, and warehouses according to regulations;

b) Failure to equip safety and occupational hygiene equipment at the workplace according to regulations;

c) Failure to develop or promulgate plans for incident handling or emergency response at the workplace;

d) Failure to make plans on measures to ensure occupational safety and hygiene for employees' workplaces when constructing, expanding or renovating works and facilities to produce, use, preserve and store machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene;

d) Failure to investigate occupational accidents within responsibility according to the provisions of law; failure to declare, untimely declaration or false declaration of occupational accidents; failure to declare, untimely declaration or false declaration of technical incidents causing serious loss of safety and occupational hygiene;

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

g) Failure to equip technical and medical facilities to ensure timely response and first aid when a technical incident occurs that causes serious loss of safety and occupational hygiene or causes an occupational accident;

h) Failure to provide documents, objects, or means related to the occupational accident at the request of the provincial-level occupational accident investigation team or the central-level accident investigation team.

4. Fines shall be imposed on employers who fail to implement or incompletely implement labor protection regimes; Health care regime for employees doing heavy, hazardous, dangerous occupations and jobs and particularly heavy, toxic, dangerous occupations and jobs according to the provisions of law according to one of the following levels:

a) From 5,000,000 VND to 10,000,000 VND for violations from 01 to 10 employees;

b) From 10,000,000 VND to 20,000,000 VND for violations from 11 to 50 employees;

c) From 20,000,000 VND to 40,000,000 VND for violations involving 51 to 100 employees;

d) From 40,000,000 VND to 60,000,000 VND for violations from 101 to 300 employees;

d) From 60,000,000 VND to 75,000,000 VND for violations of 301 or more employees.

5. Remedial measures

Force employers to ensure full labor protection regimes; health care for employees according to the provisions of law for violations in Clause 4 of this Article.

Article 33. Violations of regulations on prevention of labor accidents and occupational diseases

Fines for violations of regulations on prevention of labor accidents and occupational diseases but not to the extent of criminal prosecution are as follows:

1. A fine from 500,000 VND to 1,000,000 VND shall be imposed on workers who commit one of the following acts:

a) Not using provided personal protective equipment;

b) Failure to participate in first aid and troubleshooting incidents or occupational accidents when ordered by the employer or a competent state agency.

2. Fine from 1,000,000 VND to 3,000,000 VND for each employee but not exceeding 75,000,000 VND for employers who fail to organize periodic health examinations or examinations to detect occupational diseases for employees.

3. Fine from 5,000,000 VND to 10,000,000 VND for violation for each employee but not exceeding 75,000,000 VND for the employer who fails to organize a health check for the employee before moving to a more heavy, toxic, dangerous occupation or job or after recovering from a labor accident or occupational disease and continuing to return to work. work, except in cases where the Medical Assessment Council has examined the level of work capacity decline.

4. Fine from 10,000,000 VND to 15,000,000 VND for violation for each employee but not exceeding 75,000,000 VND for employers who commit one of the following acts:

a) Do not provide treatment, nursing, or rehabilitation for workers suffering from occupational diseases or labor accidents;

b) Failure to arrange work suitable for the health of employees with occupational diseases or occupational accidents according to the conclusion of the Medical Examination Council.

5. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to inform workers about one of the following contents: the situation of labor accidents and occupational diseases; dangerous and harmful elements; measures to ensure occupational safety and hygiene at the workplace;

b) Failure to organize the identification and assessment of dangerous and harmful factors in the workplace;

c) There are no warning signs or instructions in Vietnamese and common languages of workers on occupational safety and hygiene for machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene at the workplace, places of storage, preservation, use and placed in an easy-to-read and visible location.

6. A fine from 15,000,000 VND to 20,000,000 VND shall be imposed on employers who fail to develop plans and implement and synthesize risk assessments of labor safety and hygiene for production and business establishments with high risks of labor accidents and occupational diseases.

7. A fine of from 20,000,000 VND to 25,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to immediately take corrective measures or stop the operation of machines, equipment, and workplaces that are at risk of causing labor accidents or occupational diseases;

b) Failure to carry out decontamination and disinfection measures for employees working in places with toxic and infectious factors;

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

8. Fines will be imposed on employers who commit one of the following acts: Not providing or providing inadequate personal protective equipment or providing equipment but not meeting the prescribed quality; Do not provide compensation in kind or compensation in kind is lower than the prescribed level; Pay money instead of compensation in kind to employees working in conditions with dangerous or harmful factors according to one of the following levels:

a) From 3,000,000 VND to 6,000,000 VND for violations from 01 person to 10 employees;

b) From 6,000,000 VND to 10,000,000 VND for violations from 11 to 50 employees;

c) From 10,000,000 VND to 15,000,000 VND for violations involving 51 to 100 employees;

d) From 15,000,000 VND to 20,000,000 VND for violations from 101 to 300 employees;

d) From 20,000,000 VND to 30,000,000 VND for violations of 301 or more employees.

9. Fine from 25,000,000 VND to 40,000,000 VND for employers who violate national technical regulations on occupational safety and hygiene (except for violations specified in Clause 8 of this Article, Article 35 of this Decree).

10. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Forcing workers to work when there is a risk of an occupational accident that seriously threatens their health and life in contravention of the law;

b) Forcing workers not to leave the workplace when there is a risk of an occupational accident that seriously threatens their health and life, not in accordance with the law;

c) Forcing workers to continue working when the risks of occupational accidents that seriously threaten their health and life have not been resolved in accordance with the law.

11. Remedial measures

a) Forced to organize health examinations and examinations to detect occupational diseases for workers according to regulations for violations specified in Clause 2 of this Article. In case the employee has performed the examination himself/herself, he/she must pay the cost of health examination and examination to detect occupational diseases for the employee;

b) Force the employer to pay the employee compensation in kind converted into money according to the prescribed level for acts of not providing compensation in kind or providing compensation in kind lower than the prescribed level for employees working in conditions with dangerous and toxic factors specified in Clause 8 of this Article.

Article 34. Violations of regulations on employer responsibilities for labor accidents and occupational diseases

Fines for violations of regulations on employer responsibility for labor accidents and occupational diseases but not to the extent of criminal liability are as follows:

1. Fine from 2,000,000 VND to 4,000,000 VND for violation for each employee but not exceeding 75,000,000 VND for employers who commit one of the following acts:

a) Failure to promptly provide first aid or emergency care to workers suffering from occupational accidents;

b) Failure to pay co-payment costs or costs not included in the list covered by health insurance for employees with labor accidents or occupational diseases participating in health insurance;

c) Failure to advance first aid and emergency care costs or not pay all medical costs from first aid and emergency treatment to stable treatment for workers with labor accidents or occupational diseases who do not participate in health insurance;

d) Failure to recommend workers with labor accidents or occupational diseases for medical examination, determination of the level of reduced working ability, treatment, and nursing to restore labor functions according to the provisions of law;

d) Failure to pay the fee for assessment of reduced working capacity under the responsibility of the employer according to the provisions of law;

e) Failure to implement, insufficient implementation or untimely implementation of compensation or benefits for employees suffering from labor accidents or occupational diseases according to the provisions of law.

2. Fines shall be imposed on the employer when committing one of the following acts: discriminating because the employee refuses to do work or leaves the workplace when it is clear that there is a risk of an occupational accident that seriously threatens his or her life or health; Discrimination on the basis of having performed work or tasks to ensure occupational safety and hygiene at the facility by people working in occupational safety and hygiene, safety and hygiene staff, or medical workers according to one of the following levels:

a) From 5,000,000 VND to 10,000,000 VND for violations from 01 to 10 employees;

b) From 10,000,000 VND to 20,000,000 VND for violations from 11 to 50 employees;

c) From 20,000,000 VND to 30,000,000 VND for violations involving 51 to 100 employees;

d) From 30,000,000 VND to 40,000,000 VND for violations from 101 to 300 employees;

d) From 40,000,000 VND to 50,000,000 VND for violations of 301 or more employees.

3. Remedial measures

a) Force the employer to pay co-payment costs and costs not on the list covered by health insurance for employees with labor accidents or occupational diseases participating in health insurance for violations specified in Point b, Clause 1 of this Article;

b) Force the employer to pay all medical expenses from first aid and emergency treatment to stable treatment for employees with labor accidents or occupational diseases who do not participate in health insurance for violations specified in Point c, Clause 1 of this Article;

c) Force the employer to introduce employees with labor accidents or occupational diseases for medical examination, determination of the level of reduced ability to work, treatment, and nursing to restore labor functions according to the provisions of law when there is a violation specified in Point d, Clause 1 of this Article;

d) Forcing the employer to pay the fee for assessment of work capacity loss in cases where the conclusion of work capacity loss is less than 5% due to the employer referring the employee for work capacity loss assessment at the Medical Examination Council for violations specified in Point dd Clause 1 of this Article;

d) Force the employer to pay the employee the amount of benefits and compensation, plus interest on that amount calculated according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning for violations specified in Point e, Clause 1 of this Article.

Article 35. Violations of regulations on using machines and equipment with strict requirements on occupational safety and hygiene

Fines for violations of regulations on the use of machines, equipment, and materials that have strict requirements on labor safety but are not serious enough to be prosecuted for criminal liability are as follows:

1. From 1,000,000 VND to 2,000,000 VND for failure to declare to the local Department of Home Affairs within 30 days from the date of putting into use machines, equipment, supplies and substances with strict requirements on labor safety.

2. From 5,000,000 VND to 10,000,000 VND for failure to fully maintain technical records of machines, equipment, and supplies with strict requirements on labor safety.

3. From 15,000,000 VND to 20,000,000 VND for one of the following acts: violating one of the regulations in national technical regulations on occupational safety and hygiene in using machinery, equipment, and supplies with strict requirements on labor safety; Using machinery, equipment, and materials with strict labor safety requirements that have not been certified in accordance with corresponding national technical regulations; Using machines, equipment, and materials with strict requirements on occupational safety and hygiene that have no clear origin or have expired.

4. Penalties for failing to inspect before being put into use or failing to periodically inspect during the use of machines, equipment, and supplies with strict requirements on occupational safety and hygiene according to the provisions of law are as follows:

a) From 20,000,000 VND to 30,000,000 VND for violations of 01 to 03 machines, equipment, and supplies;

b) From 30,000,000 VND to 50,000,000 VND for violations of 04 to 10 machines, equipment, and supplies;

c) From 50,000,000 VND to 75,000,000 VND for violations of 11 to 20 machines, equipment, and supplies;

d) 75,000,000 VND for violations of 21 machines, equipment, and supplies or more.

5. From 50,000,000 VND to 75,000,000 VND for continuing to use machines, equipment, and supplies with strict requirements on occupational safety and hygiene that have been inspected but the inspection results do not meet the requirements.

Article 36. Violations of regulations on occupational safety and hygiene training activities

1. Fines shall be imposed on employers who fail to organize occupational safety and hygiene training for employees according to the provisions of law or agree with an organization to conduct training activities without training but receive training results or use employees who are not issued safety cards according to the provisions of law to do jobs with strict requirements on occupational safety and hygiene before assigning them to this job according to one of the following levels:

a) From 5,000,000 VND to 10,000,000 VND for violations from 01 person to 10 people;

b) From 10,000,000 VND to 20,000,000 VND for violations from 11 to 50 people;

c) From 20,000,000 VND to 30,000,000 VND for violations from 51 to 100 people;

d) From 30,000,000 VND to 40,000,000 VND for violations from 101 to 300 people;

d) From 40,000,000 VND to 50,000,000 VND for violations of 301 people or more.

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

a) From 1,000,000 VND to 3,000,000 VND for failure to report occupational safety and hygiene training activities as prescribed by law;

b) From 10,000,000 VND to 20,000,000 VND for failure to ensure one of the conditions when organizing each training class, including: not having a training location suitable for the class size, training content and training form (theory, practice); Arranging trainers who do not meet the standards for trainers according to regulations; Using training materials that are not suitable for the subject, content and training program; Using documents that are not updated according to the provisions of law, relevant standards and technical regulations; Compulsory training according to the framework program prescribed by law but with insufficient content; not ensuring occupational safety and hygiene for practice content according to legal regulations; Organizing and managing training classes and trainers not according to the provisions of law; Carrying out inspections, evaluating training results and storing records not according to legal regulations;

c) From 30,000,000 VND to 50,000,000 VND for one of the following acts: providing training results without performing training; providing training results inconsistent with the training content;

d) From 120,000,000 VND to 140,000,000 VND for one of the following acts: conducting training activities during the period of suspension of occupational safety and hygiene training activities; Conduct training outside the publicly announced training scope as prescribed by law; Training activities without notifying the start of training service provision activities to the Department of Home Affairs in accordance with the provisions of law (for training organizations that have never been granted a Certificate of eligibility for occupational safety and hygiene training activities or whose Certificate has expired); During the process of providing training services, personnel conditions are not met as prescribed by law; During the process of providing training services, there is no guarantee of legal ownership or use of facilities, equipment and training materials appropriate to the subjects and training content that the organization provides in accordance with the provisions of law; Forging documents and documents on conditions and requirements must be ensured during the process of providing training services according to the provisions of law without being prosecuted for criminal liability.

3. Fines shall be imposed on employers when organizing their own occupational safety and hygiene training in violation of regulations on occupational safety and hygiene training according to one of the following levels:

a) From 1,000,000 VND to 3,000,000 VND for failure to report occupational safety and hygiene training activities as prescribed by law;

b) From 10,000,000 VND to 20,000,000 VND for failure to ensure one of the conditions when organizing each training class, including: not having a training location suitable for the class size, training content and training form (theory, practice); Using trainers who do not meet the prescribed trainer standards; Using training materials that are not suitable for the subject, content and training program; Using documents that are not updated according to the provisions of law, relevant standards and technical regulations; Compulsory training according to the framework program prescribed by law but with insufficient content; not ensuring occupational safety and hygiene for practice content according to legal regulations; Organizing and managing training classes and trainers not according to the provisions of law; Carrying out inspections, evaluating training results and storing records not according to legal regulations;

c) From 15,000,000 VND to 25,000,000 VND for one of the following acts: providing training results without performing training; providing training results inconsistent with the training content;

d) From 60,000,000 VND to 70,000,000 VND for one of the following acts: conducting training activities during the period of suspension of occupational safety and hygiene training activities; During the process of providing training services, personnel conditions are not met as prescribed by law; During the process of providing training services, there is no guarantee of legal ownership or use of facilities, equipment and training materials appropriate to the subjects and training content that the organization provides in accordance with the provisions of law; Forging documents and documents about conditions and requirements that must be guaranteed during the process of providing training services according to the provisions of law.

4. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on organizations providing occupational safety and hygiene training when one of the following acts is committed:

a) Failure to publicly announce information about the training organization (name of the organization; head office address; name of the head; website, if any; email; contact phone number; training class; scope of training; official time of providing training services) on the mass media and on the website of the state management agency on occupational safety and hygiene at the central level according to the provisions of law before starting to provide training services;

b) Failure to send notification or sending notification on time to competent state agencies as prescribed by law before the official date of providing training services, except in cases where the training organization has a valid Certificate of eligibility for occupational safety and hygiene training activities;

c) Failure to send notice or not sending notice on time to competent state agencies as prescribed by law when there is a change in headquarters address;

d) Failure to send notice to the competent state agency as prescribed by law when terminating training activities;

d) Failure to send notice or not sending notice on time to competent state agencies as prescribed by law when there is a need to change training subjects, scope of training, and training class.

5. Additional sanctions

a) Suspension of occupational safety and hygiene training activities from 01 month to 03 months for the occupational safety and hygiene training organization when committing one of the acts specified in Points b, c, d, Clause 2 of this Article;

b) Suspension of occupational safety and hygiene training activities from 01 month to 03 months for employers who organize their own occupational safety and hygiene training when there is one of the violations specified in Points b, c, d, Clause 3 of this Article;

c) Confiscate evidence of administrative violations that are forged documents and documents for acts of falsification of papers and documents specified in Point d, Clause 2, Point d, Clause 3 of this Article.

6. Remedial measures

a) Force the occupational safety and hygiene training organization to cancel the provided training results when there are violations specified in Points b, c, d, Clause 2 of this Article;

b) Force employers to organize their own occupational safety and hygiene training to cancel provided training results when there are violations specified in Points b, c, d, Clause 3 of this Article;

c) Force the occupational safety and hygiene training organization to carry out notification procedures on the provision of occupational safety and hygiene training services according to the provisions of law when there is a violation specified in Clause 4 of this Article.

Article 37. Violations of regulations on technical inspection of labor safety

1. Fines shall be imposed on organizations carrying out technical inspection of labor safety that violate regulations on technical inspection of labor safety as follows:

a) From 1,000,000 VND to 3,000,000 VND for failure to report technical inspection of labor safety according to regulations;

b) From 3,000,000 VND to 5,000,000 VND for one of the following acts: failure to notify the competent authority to issue the Certificate of eligibility for technical inspection of occupational safety when there is a change in the address of the headquarters or branch; Do not affix inspection stamps or display inspection information on the inspection object when the organization or individual using the inspection object has been issued a Certificate of inspection results according to regulations;

c) From 40,000,000 VND to 50,000,000 VND for one of the following acts: providing labor safety technical inspection services beyond the scope stated in the Certificate of eligibility for labor safety technical inspection activities; Failure to properly implement inspection procedures; Using an inspector whose inspector's certificate is revoked or whose inspector's certificate is expired to perform the inspection; Using people who do not have an inspector certificate to perform inspection; Using inspectors without signing a labor contract or job-based contract; Failure to maintain sufficient conditions for technical inspection of labor safety according to the provisions of law; does not ensure independence and objectivity in providing inspection services;

d) From 80,000,000 VND to 100,000,000 VND for one of the following acts: providing untrue inspection results; provide inspection results without performing the inspection;

d) From 120,000,000 VND to 140,000,000 VND for one of the following acts: performing inspection activities when the Certificate of eligibility for inspection activities has expired or is in the period of suspension of inspection activities or is being revoked; correcting or falsifying the content of the issued Certificate of eligibility for inspection activities but not to the extent of criminal prosecution; correcting or falsifying documents and documents in the application for a Certificate of eligibility for inspection activities but not to the extent of criminal prosecution; Forging documents and documents in the application file for a Certificate of eligibility for inspection activities without being prosecuted for criminal liability; falsifying the Certificate of eligibility for inspection activities without being prosecuted for criminal liability.

2. A fine from 10,000,000 VND to 20,000,000 VND shall be imposed on inspectors who commit one of the following acts:

a) Failure to properly follow the inspection process issued by a competent authority; making inspection records that are not true; prepare an inspection record without performing the inspection;

b) Carry out inspection for organizations carrying out technical inspection of occupational safety that have not yet been granted a Certificate of eligibility for inspection activities.

3. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed on inspectors who conduct inspections when: the inspector's certificate expires; inspection outside the scope stated in the inspector's certificate.

4. Fine from 20,000,000 VND to 30,000,000 VND for individuals conducting inspection activities without an inspector certificate.

5. Fine from 60,000,000 VND to 70,000,000 VND for one of the following acts: performing inspection activities without a Certificate of eligibility for inspection activities; falsifying inspector certificates without being criminally prosecuted.

6. A fine from 60,000,000 VND to 70,000,000 VND shall be imposed on inspectors who modify or falsify the content of the issued inspector certificate but not to the extent of criminal prosecution.

7. Additional sanctions

a) Suspension of technical labor safety inspection activities from 01 month to 03 months for organizations carrying out technical labor safety inspection activities that violate the provisions of Point d, Clause 1 of this Article;

b) Confiscate evidence of administrative violations that is a fake Certificate of eligibility for inspection activities for the act of forging a Certificate of eligibility for inspection activities specified at Point dd, Clause 1 of this Article;

c) Revoke the right to use the inspector's certificate for a period of 01 to 03 months for inspection acts outside the scope stated in the inspector's certificate specified in Clause 3 of this Article;

d) Confiscate evidence of administrative violations that are fake inspector certificates for the act of forging inspector certificates specified in Clause 5 of this Article.

8. Remedial measures

a) Forcing inspection stamps or showing inspection information on inspection objects and issuing to organizations and individuals using inspection objects a Certificate of inspection results for acts of not affixing inspection stamps at Point b, Clause 1 of this Article;

b) Forced cancellation of inspection results and refund of inspection costs plus interest on that amount calculated according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanction for violations specified in Points c, d, dd, Clause 1 of this Article, except for acts of correcting the content of the issued Certificate of eligibility for inspection activities but not to the extent of criminal prosecution;

c) Forced to return the Certificate of eligibility for inspection activities to the agency competent to issue that Certificate when there is an act of correcting or falsifying the content of the Certificate of eligibility for inspection activities specified in Point dd Clause 1 of this Article;

d) Forced return of the inspector's certificate to the certifying authority for acts of correcting or falsifying the content of the inspector's certificate as prescribed in Clause 6 of this Article.

Article 38. Violations of regulations on working environment monitoring

1. A fine from 1,000,000 VND to 2,000,000 VND shall be imposed on organizations engaged in labor environment monitoring activities that commit one of the following acts: failure to report annual operating results to competent state management agencies as prescribed; Failure to notify competent state management agencies when there is a change in headquarters or branch addresses; Failure to participate in training courses to update knowledge on legal policies, science and technology on working environment monitoring according to regulations.

2. A fine from 2,000,000 VND to 5,000,000 VND shall be imposed on the employer for failing to publicly announce to employees at the place where the working environment is monitored and where the dangerous factors are inspected, evaluated, and managed immediately after having the results of the working environment monitoring and the results of checking, evaluating, and managing dangerous factors at the workplace.

3. A fine from 20,000,000 VND to 40,000,000 VND shall be imposed on employers who fail to conduct working environment monitoring to control harmful effects on workers' health according to the provisions of law.

4. A fine of from 40,000,000 VND to 60,000,000 VND shall be imposed on employers who cooperate with organizations in labor environment monitoring activities to commit fraud in labor environment monitoring activities but not to the extent of criminal prosecution.

5. A fine from 80,000,000 VND to 120,000,000 VND shall be imposed on organizations engaged in labor environment monitoring activities that commit one of the following acts: coordinating with employers to commit fraud in labor environment monitoring activities but not to the extent of criminal prosecution; Conducting working environment monitoring without following the principles and procedures prescribed by law.

6. A fine from 120,000,000 VND to 140,000,000 VND shall be imposed on organizations engaged in labor environment monitoring activities that provide environmental monitoring results without performing environmental monitoring according to regulations or performing working environment monitoring during the period of suspension of working environment monitoring activities.

7. A fine from 100,000,000 VND to 130,000,000 VND shall be imposed on businesses and organizations providing working environment monitoring services when committing one of the following acts:

a) Using human resources to carry out working environment monitoring that does not meet the standards prescribed by law;

b) Failure to maintain the announced conditions for working environment monitoring activities throughout the operation process.

8. Fines from 120,000,000 VND to 150,000,000 VND shall be imposed on businesses and organizations providing labor environment monitoring services when providing labor environment monitoring services but have not been declared eligible for labor environment monitoring activities according to the provisions of law.

9. Additional sanctions

Suspend the working environment monitoring activities of the working environment monitoring organization from 03 months to 06 months when violating the provisions in Clauses 5, 6, 7, 8 of this Article.

10. Remedial measures

a) Forced cancellation of working environment monitoring results for violations in Clauses 4, 5, 6, 7, 8 of this Article;

b) Force the organization of working environment monitoring activities to reimburse the employer using the working environment monitoring service for the cost of working environment monitoring plus the interest on that amount calculated according to the highest demand deposit interest rate of state-owned commercial banks announced at the time of sanctioning for violations specified in Clauses 5, 6, 7, 8 of this Article, except for acts of coordinating with employers to commit fraud in operations. monitoring the working environment but not to the extent of criminal prosecution specified in Clause 5 of this Article.

Section 4. VIOLATIONS REGARDING REPRESENTATIVE ORGANIZATIONS

EMPLOYEES AT THE FACILITY

Article 39. Violations of regulations on ensuring the exercise of rights of employee representative organizations at the grassroots and trade union activities

1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to allocate time for members of the leadership board of the grassroots employee representative organization to perform the representative organization's tasks as prescribed in Clause 2, Article 176 of the Labor Code while still being paid by the employer;

b) Failure to arrange a workplace, provide information and other necessary conditions for the operation of the employee representative organization at the grassroots according to the provisions of Clause 7, Article 178 of the Labor Code; Failure to arrange workplaces, working facilities and necessary conditions for trade unions at the same level to operate as prescribed in Clause 1, Article 27 of the Trade Union Law;

c) Not allocating time for part-time trade union officials to do union work while still being paid by the employer according to the provisions of Clause 2, Article 27 of the Trade Union Law;

d) Do not arrange work leave with full pay for part-time trade union officials during the days of attending congresses, meetings, conferences, seminars, training sessions, and training convened by the superior trade union according to the provisions of Clause 3, Article 27 of the Trade Union Law;

d) Do not allow upper-level union officials to enter organizations and enterprises to propagate, mobilize, and guide workers to establish, join, or operate trade unions;

e) Obstructing or causing difficulties when workers conduct legal activities to establish, join and participate in activities of employee representative organizations at the grassroots;

g) Do not allow members of the leadership board of the employee representative organization at the facility to approach employees at the workplace while performing the tasks of the employee representative organization at the facility without affecting the normal operations of the employer;

h) Failure to coordinate with the trade union of your agency, organization, unit or enterprise to develop, promulgate and implement regulations on coordination of activities between the two parties;

i) Failure to exchange and provide complete, accurate and timely information related to organization and operations in accordance with the law when requested by the union;

k) Not allowing trade union officials to represent and protect the legitimate rights and interests of employees when requested by that employee or when detecting that the employer has signs of violating the legitimate rights and interests of employees according to the provisions of Clause 1, Article 20 of the Trade Union Law.

2. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to agree in writing with the leadership of the grassroots employee representative organization when unilaterally terminating the labor contract, transferring to another job or disciplinary dismissal of an employee who is a member of the leadership board of the grassroots employee representative organization but not to the extent of criminal prosecution, unless the two parties cannot agree;

b) Failure to agree in writing with the immediate superior union when unilaterally terminating the labor contract, working contract, firing, forcing to quit, or transferring to another job for employees who are part-time union officials but not to the extent of criminal prosecution, unless the two parties cannot agree;

c) Decide to unilaterally terminate the labor contract, work contract, fire, force quitting, transfer to another job for employees who are members of the leadership board of the employee representative organization at the facility, part-time trade union officials who violate the notice period to the specialized labor agency under the Provincial People's Committee according to the provisions of Clause 3, Article 177 of the Labor Code, Clause 2, Article 28 of the Trade Union Law but not to the extent of prosecution. criminal liability;

d) Do not extend the labor contract or working contract that has been signed until the end of the term for employees who are members of the leadership board of the employee representative organization at the facility or part-time trade union officials whose term of office has expired.

3. Fine from 50,000,000 VND to 75,000,000 VND for one of the following acts:

a) Taking advantage of the establishment, joining or operation of a grassroots employee representative organization to violate the law, infringe on the interests of the State, the legitimate rights and interests of agencies, organizations, businesses and individuals;

b) Receiving aid, sponsorship, or receiving technical assistance contrary to the provisions of law;

c) Untrue, inciting, distorted, defamatory information about trade union organizations and activities.

4. Remedial measures

a) Force the employer to accept the employee back to work and pay full salary, social insurance, unemployment insurance, and health insurance during the days the employee is not allowed to work for violations specified in Points a, b, c, Clause 2 of this Article;

b) Force the employer to extend the labor contract or working contract that has been signed until the end of the term for employees who are members of the leadership board of the employee representative organization at the grassroots level, and part-time trade union officials whose term of office has expired, for violations specified in Point d, Clause 2 of this Article;

c) Forced payment to the state budget of illegal profits obtained for violations specified in Point b, Clause 3 of this Article;

d) Force correction of untrue information and public apology to trade union organizations for violations specified in Point c, Clause 3 of this Article.

Article 40. Violations of regulations on discrimination due to the establishment, joining and operation of employee representative organizations at the grassroots level

1. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed for discriminatory acts against employees, members of the leadership board of the employee representative organization at the facility, and trade union officials for the reason of establishing, joining or operating the employee representative organization, including one of the following acts:

a) Discrimination regarding wages, bonuses, benefits, working hours, and other rights and obligations in labor relations;

b) Stigma and discrimination based on gender, ethnicity, religion, belief;

c) Request to join, not join or leave the grassroots employee representative organization or Vietnam Trade Union to be recruited, enter into or extend labor contracts or working contracts;

d) Dismissal, discipline, unilateral termination of labor contracts, work contracts, discontinuation of labor contracts, work contracts, failure to renew labor contracts, work contracts or transfer of employees to other jobs but not to the extent of criminal prosecution;

d) Obstructing or causing work-related difficulties to weaken the activities of the employee representative organization at the grassroots;

e) Dominating to weaken trade union activities;

g) Untrue information intended to lower the reputation and honor of trade union officials;

h) Promising and providing material benefits and non-material benefits so that workers and trade union officials do not participate in union activities, quit being union officials or commit acts against the union.

2. Remedial measures:

a) Force the employer to accept the employee back to work and pay full salary, social insurance, and health insurance during the days the employee is not allowed to work for the employer's violations specified in Point d, Clause 1 of this Article;

b) Force correction of untrue information and public apology to trade union officials for violations specified in Point g, Clause 1 of this Article.

Article 41. Violations of regulations on the use of economic measures or other measures that are detrimental to the organization and activities of the employee representative organization at the grassroots level

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to pay salaries to members of the leadership board of the grassroots employee representative organization and part-time trade union officials during their working time as prescribed by law to carry out the work of the grassroots employee representative organization;

b) Failure to pay salaries to part-time trade union officials during the days of attending congresses, meetings, conferences, seminars, training sessions convened by superior trade unions according to the provisions of Clause 3, Article 27 of the Trade Union Law;

c) Failure to pay salaries to employee representatives while participating in collective bargaining meetings as prescribed in Clause 2, Article 70 of the Labor Code;

d) Do not allow members of the leadership board of the employee representative organization at the grassroots level, or part-time trade union officials, to enjoy other guarantees in labor relations or in the performance of representative functions according to the provisions of law.

2. Fine from 20,000,000 VND to 40,000,000 VND for one of the following acts:

a) Intervene and manipulate the process of establishing, electing, developing work plans or organizing the implementation of activities of grassroots employee representative organizations, including financial support or other economic measures to neutralize or weaken the performance of representative functions of grassroots employee representative organizations or discriminate between grassroots employee representative organizations;

b) Mental intimidation or other measures that are detrimental to the trade union organization.

3. Remedial measures

a) Force the employer to pay salaries to members of the leadership board of the employee representative organization at the facility and part-time trade union officials during their working time as prescribed by law to perform the work of the employee representative organization at the facility for violations specified in Points a and b, Clause 1 of this Article;

b) Force the employer to ensure that members of the leadership board of the employee representative organization at the facility and part-time trade union officials enjoy other guarantees as prescribed by law for violations specified in Point d, Clause 1 of this Article.

Article 42. Violations of regulations on payment of trade union dues and management and use of trade union dues

1. A fine ranging from 12% to less than 15% of the total amount of union dues payable at the time of making a record of administrative violation but not exceeding VND 75,000,000 shall be imposed for employers who commit one of the following acts:

a) Late payment of union dues;

b) Do not deduct or pay trade union fees;

c) Failure to pay or incomplete payment of the required amount according to the prescribed payment rate within 60 days from the date of expiry of the deadline for payment of trade union fees according to regulations;

d) Failure to pay or not paying enough for the number of people required to pay within 60 days from the date of expiry of the deadline for paying trade union fees as prescribed.

2. A fine ranging from 18% to 20% of the total amount of union dues payable at the time of making a record of administrative violation but not exceeding VND 75,000,000 shall be imposed for employers who do not pay union dues for all employees subject to payment.

3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on employee organizations at enterprises that commit one of the following acts:

a) Do not use or use union funds to perform tasks inconsistent with the tasks specified in Points a, b, c, g, h, Clause 2, Article 31 of the Trade Union Law;

b) The collection and expenditure of trade union fees are not monitored and stored according to the instructions of the Vietnam General Confederation of Labor;

c) Failure to annually disclose finances to members of the organization as prescribed in Article 34 of the Trade Union Law;

d) Failure to provide fully, accurately and on time the use of trade union funds according to the written request of the trade union organization so that the trade union organization can report and publicize the management and use of trade union funds according to Article 33 and Article 34 of the Trade Union Law.

4. Remedial measures:

a) No later than 30 days from the date of the sanctioning decision, the employer must pay the trade union the amount of late paid, insufficiently paid or unpaid union dues and the interest on the unpaid or late paid union dues according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning for violations specified in Points a, b, c, d, Clause 1 and Clause 2 of this Article;

b) Force the employee organization at the enterprise to return to the union account the amount of funds used in contravention of regulations for violations specified in Point a, Clause 3 of this Article.

VIOLATIONS, FORMS OF PENALTIES, LEVELS OF PENALTIES

AND REMEDIAL MEASURES FOR BEHAVIOR

VIOLATIONS IN THE FIELD OF SOCIAL INSURANCE

Article 43. Violations of late payment of compulsory social insurance

1. A warning shall be imposed for the acts specified in Clause 3 of this Article when the violation amount calculated at the time of making the administrative violation record is less than 400,000 VND.

2. Fines shall be imposed on employers for one of the following acts: failure to register or incomplete registration of the number of people required to participate in compulsory social insurance within 60 days from the expiration date specified in Clause 1, Article 28 of the Law on Social Insurance; Failure to register or incomplete registration of the number of people required to participate in compulsory social insurance after 60 days from the expiration date specified in Clause 1, Article 28 of the Law on Social Insurance but in cases prescribed by law is not considered evasion of paying compulsory social insurance according to the provisions of law, according to one of the following levels:

a) From 5,000,000 VND to 10,000,000 VND, when violating less than 10 employees;

b) From 10,000,000 VND to 15,000,000 VND, when violating from 10 to less than 50 employees;

c) From 15,000,000 VND to 20,000,000 VND, when violating from 50 to less than 100 employees;

d) From 20,000,000 VND to 30,000,000 VND, when violating from 100 to less than 300 employees;

d) From 30,000,000 VND to 40,000,000 VND, when violating from 300 to less than 500 employees;

e) From 40,000,000 VND to 50,000,000 VND, when violating from 500 to less than 700 employees;

g) From 50,000,000 VND to 60,000,000 VND, when violating from 700 to less than 1,000 employees;

h) From 60,000,000 VND to 75,000,000 VND, when violating 1,000 workers or more.

3. Fine from 12% to 15% of the total amount of late payment of mandatory social insurance at the time of making a record of administrative violation but not exceeding 75,000,000 VND for the employer who commits one of the following acts of late payment of social insurance:

a) Have not paid or paid in full the amount required according to the registration for compulsory social insurance participation from the latest date of social insurance payment specified in Clause 4, Article 34 of the Law on Social Insurance, except for the case specified in Point dd, Clause 1, Article 39 of the Law on Social Insurance;

b) Failure to pay or incomplete payment of the amount registered for compulsory social insurance after 60 days from the date of payment of compulsory social insurance at the latest as prescribed in Clause 4, Article 34 of the Law on Social Insurance and has been urged by a competent authority according to the provisions of Article 35 of the Law on Social Insurance but in a case that is not considered evasion of paying compulsory social insurance according to the provisions of law.

4. Remedial measures

a) Forcing the employer to prepare a registration dossier or prepare a dossier to register the full number of participants in compulsory social insurance for employees; Late payment of the full amount of mandatory social insurance; Pay an amount equal to 0.03%/day calculated on the amount of late payment of mandatory social insurance and the number of days of late payment to the social insurance fund for violations specified in Clause 2 of this Article;

b) Forcing the employer to pay the full amount of compulsory social insurance late; Pay an amount equal to 0.03%/day calculated on the amount of late payment of mandatory social insurance and the number of days of late payment to the social insurance fund for violations specified in Clause 3 of this Article.

Article 44. Violations of evasion of paying compulsory social insurance

1. Fines shall be imposed on employers who fail to register or incompletely register the number of people required to participate in compulsory social insurance after 60 days from the expiration date specified in Clause 1, Article 28 of the Law on Social Insurance according to one of the following levels:

a) From 6,000,000 VND to 12,000,000 VND, when violating less than 10 employees;

b) From 12,000,000 VND to 20,000,000 VND, when violating from 10 to less than 50 employees;

c) From 20,000,000 VND to 30,000,000 VND, when violating from 50 to less than 100 employees;

d) From 30,000,000 VND to 40,000,000 VND, when violating from 100 to less than 300 employees;

d) From 40,000,000 VND to 50,000,000 VND, when violating from 300 to less than 500 employees;

e) From 50,000,000 VND to 60,000,000 VND, when violating from 500 to less than 700 employees;

g) From 60,000,000 VND to 70,000,000 VND, when violating from 700 to less than 1,000 employees;

h) From 70,000,000 VND to 75,000,000 VND, when violating 1,000 or more employees.

2. A fine of 18% to 20% of the total amount of evasion of compulsory social insurance payment but not exceeding VND 75,000,000 shall be imposed for employers who commit one of the following acts of evasion of social insurance payment:

a) Register a salary as a basis for compulsory social insurance payment that is lower than the provisions in Clause 1, Article 31 of the Law on Social Insurance;

b) Failure to pay or incomplete payment of the amount registered for compulsory social insurance after 60 days from the date of payment of compulsory social insurance at the latest as prescribed in Clause 4, Article 34 of the Law on Social Insurance and has been urged by a competent authority according to the provisions of Article 35 of the Law on Social Insurance but not to the extent of criminal prosecution.

3. Remedial measures

a) Forcing the employer to prepare a registration dossier or prepare a dossier to register the full number of participants in compulsory social insurance for employees; paying the full amount of compulsory social insurance and evading payment; Pay an amount equal to 0.03%/day calculated on the amount of compulsory social insurance missed payment and the number of days missed paying into the social insurance fund for violations specified in Clause 1 of this Article;

b) Forcing the employer to pay the full amount of compulsory social insurance for evasion of payment; Pay an amount equal to 0.03%/day calculated on the amount of compulsory social insurance missed payment and the number of days evading payment to the social insurance fund for violations specified in Clause 2 of this Article.

Article 45. Violations of late payment of unemployment insurance

1. A warning shall be imposed for the acts specified in Clause 3 of this Article when the violation amount calculated at the time of making the administrative violation record is less than 400,000 VND.

2. Fines shall be imposed on employers who commit one of the following acts: failure to register or incomplete registration of the number of people required to participate in unemployment insurance within 60 days from the expiration date according to the provisions of law on unemployment insurance; Failure to register or incomplete registration of the number of people required to participate in unemployment insurance after 60 days from the expiration date of the period required to participate in unemployment insurance according to the provisions of the law on unemployment insurance but in the case prescribed by law is not considered evasion of payment according to one of the following levels:

a) From 500,000 VND to 2,500,000 VND, when violating less than 10 employees;

b) From 2,500,000 VND to 5,000,000 VND, when violating from 10 to less than 50 employees;

c) From 5,000,000 VND to 10,000,000 VND, when violating from 50 to less than 100 employees;

d) From 10,000,000 VND to 15,000,000 VND, when violating from 100 to less than 300 employees;

d) From 15,000,000 VND to 20,000,000 VND, when violating from 300 to less than 500 employees;

e) From 20,000,000 VND to 25,000,000 VND, when violating from 500 to less than 700 employees;

g) From 25,000,000 VND to 30,000,000 VND, when violating from 700 to less than 1,000 employees;

h) From 30,000,000 VND to 35,000,000 VND, when violating 1,000 or more employees.

3. Fine from 12% to 15% of the total amount of late payment of unemployment insurance at the time of making a record of administrative violation but not exceeding 75,000,000 VND for the employer who commits one of the following acts of late payment of unemployment insurance:

a) Have not paid or paid in full the amount due according to the registered application for unemployment insurance from the latest date of payment of unemployment insurance according to the provisions of law on unemployment insurance, except for the case specified in Point e, Clause 1, Article 39 of the Law on Social Insurance;

b) Failure to pay or incomplete payment of the registered unemployment insurance amount after 60 days from the date of payment of unemployment insurance at the latest according to the provisions of law on unemployment insurance and has been urged by a competent authority according to the provisions of Article 35 of the Law on Social Insurance but in a case not considered to be evading unemployment insurance payment according to the provisions of law.

4. Remedial measures

a) Forcing employers to prepare unemployment insurance registration documents for employees; Pay the full amount of late payment unemployment insurance; Pay an amount equal to 0.03%/day calculated on the amount of unemployment insurance late payment and the number of days late payment to the unemployment insurance fund for violations specified in Clause 2 of this Article;

b) Forcing the employer to pay the full amount of late payment unemployment insurance; Pay an amount equal to 0.03%/day calculated on the amount of unemployment insurance late payment and the number of days late payment to the unemployment insurance fund for violations specified in Clause 3 of this Article.

Article 46. Violations of evasion of unemployment insurance payments

1. Fines shall be imposed on employers who do not register or who do not fully register the number of people required to participate in unemployment insurance after 60 days from the expiry date of the deadline for participation according to the provisions of law on unemployment insurance at one of the following levels:

a) From 1,000,000 VND to 5,000,000 VND, when violating less than 10 employees;

b) From 5,000,000 VND to 10,000,000 VND, when violating from 10 to less than 50 employees;

c) From 10,000,000 VND to 15,000,000 VND, when violating from 50 to less than 100 employees;

d) From 15,000,000 VND to 20,000,000 VND, when violating from 100 to less than 300 employees;

d) From 20,000,000 VND to 25,000,000 VND, when violating from 300 to less than 500 employees;

e) From 25,000,000 VND to 30,000,000 VND, when violating from 500 to less than 700 employees;

g) From 30,000,000 VND to 35,000,000 VND, when violating from 700 to less than 1,000 employees;

h) From 35,000,000 VND to 40,000,000 VND, when violating 1,000 workers or more.

2. Fine from 18% to 20% of the total amount of unemployment insurance evasion but not exceeding VND 75,000,000 for employers who commit one of the following acts of unemployment insurance evasion:

a) Registering a salary as a basis for unemployment insurance payment that is lower than the provisions of the law on unemployment insurance;

b) Failure to pay or not fully paying the amount registered for unemployment insurance after 60 days from the date of payment of unemployment insurance at the latest according to the provisions of the law on unemployment insurance and has been urged by the competent authority according to the provisions of Article 35 of the Law on Social Insurance but not to the extent of criminal prosecution.

3. Other cases are considered evasion of paying unemployment insurance according to the Government's regulations. In case of human violations, fines shall be imposed according to the provisions of Clause 1 of this Article. In case of monetary violations, fines shall be imposed according to the provisions of Clause 2 of this Article.

4. Remedial measures

a) Forcing employers to prepare unemployment insurance registration documents for employees; Pay the full amount of missed payment; Pay an amount equal to 0.03%/day calculated on the amount of unemployment insurance evasion and the number of days of evasion of payment to the unemployment insurance fund for violations specified in Clause 1 of this Article;

b) Forcing the employer to pay the full amount of the missed payment; Pay an amount equal to 0.03%/day calculated on the amount of unemployment insurance evasion and the number of days of evasion of payment to the unemployment insurance fund for violations specified in Clause 2 of this Article;

c) For violations specified in Clause 3 of this Article regarding people, remedial measures shall be applied as prescribed in Point a of this Clause; For violations specified in Clause 3 of this Article regarding money, remedial measures shall be applied as prescribed in Point b of this Clause.

Article 47. Violations of regulations on filing documents and enjoying social insurance and unemployment insurance benefits

1. Fine from 1,000,000 VND to 2,000,000 VND for workers who commit one of the following violations:

a) Declare untruths or correct, erase, or untruthfully content related to social insurance and unemployment insurance payments and benefits but not to the extent of criminal prosecution;

b) Failure to notify the public employment service organization as prescribed when the employee has a job within 10 working days from the date of submitting the application for unemployment benefits;

c) A person receiving unemployment benefits does not notify the public employment service organization as prescribed when falling into one of the following cases: having a job; perform military service, participate in the people's police, and the standing militia; receive monthly pension; study for a period of more than 12 months.

2. Fine from 10,000,000 VND to 20,000,000 VND for each fraudulent or fake social insurance or unemployment insurance application but not exceeding VND 75,000,000 for the employer who commits one of the following acts: falsifying social insurance or unemployment insurance records without being prosecuted for criminal liability; intentionally falsifying information and documents in social insurance and unemployment insurance applications but not to the extent of criminal prosecution.

3. Fine from 2,000,000 VND to 4,000,000 VND for violation for each employee but not exceeding 75,000,000 VND for employers who do not make a list of employees or do not prepare documents or do not submit documents on time as prescribed in Clause 2, Article 48, Clause 1, Article 49, Clause 1, Article 62, Clause 1 of Article 1. 63, Clause 1, Article 79, Clause 2, Article 91 of the Law on Social Insurance; Clause 1, Article 59, Clause 1, Article 60 of the Law on Occupational Safety and Hygiene.

4. Remedial measures

Forced to return to the social insurance agency the amount of social insurance money, the amount of unemployment benefits, the amount of money to support employees participating in training and improving vocational skills, and the amount of money to support employers in training, fostering and improving vocational skills to maintain jobs for employees who have received jobs due to violations specified in Clauses 1 and 2 of this Article.

Article 48. Violations of other regulations on social insurance and unemployment insurance

1. Fine from 300,000 VND to 500,000 VND for violation for each employee but not exceeding 75,000,000 VND for employers who commit one of the following acts:

a) Failure to register to participate in labor accident and occupational disease insurance or not participate at the prescribed level or not participate within the prescribed time limit for employees who are only subject to insurance for labor accidents and occupational diseases as prescribed in Clause 2, Article 43 of the Law on Occupational Safety and Hygiene;

b) Correcting or falsifying documents and documents in the application dossier to apply for a lower contribution rate than the normal contribution rate to the Labor Accident and Occupational Disease Insurance Fund but not to the extent of being prosecuted for criminal liability.

2. Fine from 500,000 VND to 1,000,000 VND for one of the following acts:

a) The employee agrees with the employer not to participate in compulsory social insurance, unemployment insurance or to participate for the wrong people or not to participate at the prescribed level or not to participate on time;

b) People subject to participation in compulsory social insurance as prescribed in Point m and Point n, Clause 1, Article 2 of the Law on Social Insurance do not register to participate in compulsory social insurance or register to participate not on time as prescribed or have not paid compulsory social insurance or paid compulsory social insurance after the latest social insurance payment deadline specified in Point b, Clause 4, Article 33 of the Law on Social Insurance.

3. Fine from 2,000,000 VND to 4,000,000 VND for violation for each employee but not exceeding 75,000,000 VND for employers who commit one of the following acts:

a) Pay compulsory social insurance and unemployment insurance for people who are not eligible to participate in compulsory social insurance or unemployment insurance;

b) Failure to provide or incomplete information about workers' social insurance when requested by the trade union;

c) Failure to return paper social insurance books to employees as prescribed in Clause 1, Article 13 of the Law on Social Insurance when the employee requests;

d) Failure to pay convalescence and health recovery benefits after labor accidents or occupational diseases to employees within 05 days from the date of receipt of benefits transferred by the social insurance agency;

d) Do not refer workers who fall under the provisions of Article 47 of the Law on Occupational Safety and Health and Article 65 of the Law on Social Insurance to be examined for loss of working capacity at the Medical Examination Council;

e) Failure to provide documents on termination of labor contract/working contract or termination of employment for the employee within 02 working days from the date the employee terminates the labor contract/working contract or termination of employment; Failure to carry out procedures to confirm the payment of unemployment insurance for employees so that the employee can promptly complete the application for unemployment insurance according to the provisions of the law on unemployment insurance.

4. Fines from 2,000,000 VND to 4,000,000 VND shall be imposed on organizations and individuals that commit one of the following acts:

a) Illegally accessing, exploiting or providing social insurance and unemployment insurance databases;

b) Registering, reporting falsely or providing inaccurate information about social insurance and unemployment insurance;

c) Colluding or colluding with agencies, organizations or individuals to commit acts that violate the law on social insurance and unemployment insurance;

d) Covering up or assisting agencies, organizations or individuals in committing violations of the law on social insurance and unemployment insurance.

5. A fine from 2,000,000 VND to 4,000,000 VND shall be imposed on employers who fail to notify the Public Employment Service Organization where the employer's headquarters is located when there are changes in labor and employment at the unit according to the provisions of law.

6. Fine from 2,000,000 VND to 4,000,000 VND for violation for each employee participating in unemployment insurance who is supported with training and improving vocational skills but not exceeding 150,000,000 VND for vocational education establishments that commit one of the following acts:

a) Vocational training organizations do not have enough course time but workers are supported to train and improve their vocational skills;

b) Making false documents to profit from money to support training and improve vocational skills but not to the extent of criminal prosecution.

7. Fine from 4,000,000 VND to 6,000,000 VND for violations for each social insurance book but not exceeding 75,000,000 VND for organizations and individuals that commit one of the following acts:

a) Pledge or buy or sell or mortgage or deposit social insurance books in any form;

b) Accepting mortgage or mortgage or depositing social insurance books in any form.

8. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on employers who fail to present or provide accurate, complete and timely information and documents related to payment and enjoyment of compulsory social insurance and unemployment insurance under the responsibility of the employer at the request of a competent state agency.

9. A fine from 10,000,000 VND to 20,000,000 VND shall be imposed on employers who receive financial support for training, fostering, and improving vocational skills to maintain jobs for workers but commit the act of organizing training, fostering, and improving vocational skills for employees not in accordance with the plan approved by the competent authority.

10. Fine from 18% to 20% of the total amount of mandatory social insurance benefits of the employee that the employer has appropriated at the time of making a record of administrative violation but not exceeding 75,000,000 VND for the employer who misappropriates the employee's mandatory social insurance benefits.

11. A fine from 50,000,000 VND to 70,000,000 VND shall be imposed on an organization assessing occupational safety and hygiene that provides an untrue report on assessment of occupational safety and hygiene and reducing the frequency of occupational accidents.

12. Remedial measures

a) Forcing the employer to prepare a registration dossier to participate in labor accident and occupational disease insurance and pay the full amount of labor accident and occupational disease insurance payable for violations in Point a, Clause 1 of this Article;

b) Forcing the employee to prepare a registration application to participate in compulsory social insurance, pay the full amount of compulsory social insurance and an amount equal to 0.03%/day calculated on the amount of compulsory social insurance and the number of days of payment after the deadline for paying compulsory social insurance at the latest for violations in Point b, Clause 2 of this Article;

c) Force the employer to pay convalescence and health recovery benefits after labor accidents and occupational diseases to employees according to regulations when there is a violation specified in Point d, Clause 3 of this Article;

d) Force vocational education institutions to provide vocational training for a full duration of courses so that workers participating in unemployment insurance are supported with training and improving vocational skills for violations specified in Point a, Clause 6 of this Article if the worker so requests;

d) Force the vocational education institution to return the amount of profit it took to the social insurance agency for violations specified in Point b, Clause 6 of this Article;

e) Forcing individuals and organizations that accept mortgages to return social insurance books to workers and to pay into the state budget the illegal benefits obtained from committing violations in Clause 7 of this Article;

g) Force the employer to implement training, fostering, and improving vocational skills for employees according to the plan approved by the competent authority, except in cases where the organization, training, fostering, and improvement of vocational skills for employees have been completed when there is a violation specified in Clause 9 of this Article;

h) Force the employer to pay to the social insurance agency the amount of financial support for training, retraining, and vocational skill improvement that is not fully used compared to the plan approved by the competent authority for violations specified in Clause 9 of this Article;

i) Force the employer to refund to the employee the amount of compulsory social insurance appropriated by the employee and the interest on this amount calculated according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning for violations specified in Clause 10 of this Article.

VIOLATIONS, FORMS OF PENALTIES, LEVELS OF PENALTIES

AND REMEDIAL MEASURES FOR BEHAVIOR

VIOLATIONS IN THE FIELD OF VIETNAMESE EMPLOYEES

GO TO WORK ABROAD UNDER CONTRACT

Article 49. Violations by service enterprises sending Vietnamese workers to work abroad under contracts (hereinafter abbreviated as service enterprises)

1. Fine from 10,000,000 VND to 15,000,000 VND for one of the following acts:

a) Failure to publicly post a copy of the License to operate the service of sending Vietnamese workers to work abroad under the contract of the service enterprise at the head office or failure to post it on the enterprise's website within 30 days from the date the License is issued, reissued or information adjusted;

b) The branch of a service enterprise assigned to operate the service of sending Vietnamese workers to work abroad under a contract does not publicly post the service enterprise's decision to assign tasks to the branch or a copy of the service enterprise's License at the branch's headquarters;

c) Failure to notify in writing the Ministry of Home Affairs or failure to update information about the branch assigned to operate the service of sending Vietnamese workers to work abroad under contracts on the database system of Vietnamese workers working abroad under contracts according to regulations;

d) Not posting or not updating when there are changes on the service enterprise's website according to the law, information about: legal representative; list of professional staff; Head office address, business location; Facilities serving educational orientation activities for workers before going to work abroad; decide to assign tasks to branches;

d) Do not post on the service enterprise's website information about: complete and accurate information about the number or selection standards or working conditions or rights and obligations of workers according to the content of the labor supply contract; list of selected workers;

e) Failure to report or reporting incompletely, inaccurately or not reporting on time on the status of service activities sending Vietnamese workers to work abroad under contracts according to the provisions of law;

g) Failure to update information or updating incomplete information about workers sent by the enterprise on the database system of Vietnamese workers working abroad under contracts from the date the workers leave the country until liquidation of the contract sending Vietnamese workers to work abroad in accordance with the provisions of law;

h) Failure to report or reporting dishonestly to the Ministry of Home Affairs on the situation of workers sent by the enterprise to work abroad and plans to fulfill the enterprise's obligations in labor supply contracts, valid contracts for sending Vietnamese workers to work abroad, and a written agreement with the service enterprise to receive rights and obligations in the case specified in Point b, Clause 1, Article 28 of the Law on Vietnamese Workers working abroad under the contract according to regulations. determination;

i) Failure to instruct employees to participate in social insurance according to the provisions of law on social insurance;

k) Untimely contributions to the Overseas Employment Support Fund according to the provisions of law;

l) Inaccurately declaring information about meeting the conditions of markets, industries, and occupations abroad in the written notice of meeting the conditions for operating services to send workers to work abroad in markets, industries, and occupations;

m) Failure to update the database system on Vietnamese workers working abroad under contracts and notify the Ministry of Home Affairs of the list of professional staff and facilities within 7 days from the date of change.

2. Fine from 10,000,000 VND to 20,000,000 VND for each violated employee but the total fine shall not exceed 200,000,000 VND for service enterprises when one of the following acts occurs:

a) Failure to organize orientation education or failure to issue Certificates of completion of orientation education courses to workers before going to work abroad as prescribed by law;

b) Agreeing on a deposit level with employees that is higher than the level prescribed by law or making a deposit with employees that is not in accordance with the law;

c) Not signing or not signing the correct form of contract for sending Vietnamese workers to work abroad according to the contract with the worker;

d) Failure to clearly state the agreement on service fees and other employee expenses in the contract signed with the employee to send Vietnamese workers to work abroad;

d) Do not liquidate or liquidate contracts to send Vietnamese workers to work abroad with workers not according to the provisions of law;

e) The content of the contract to send Vietnamese workers to work abroad is not consistent with the registered labor supply contract.

3. Fine from 20% to 30% of the total amount to be paid into the Overseas Employment Support Fund according to the provisions of law at the time of making an administrative violation record but not exceeding 200,000,000 VND when there is an act of failure to pay or incomplete payment into the Overseas Employment Support Fund according to the provisions of law.

4. Fine from 40% to 50% of the total amount paid by the employee to the Overseas Employment Support Fund through the service enterprise if the service enterprise does not pay or does not fully pay into the Overseas Employment Support Fund at the time of making a record of administrative violation, but not exceeding 200,000,000 VND.

5. Fine from 50,000,000 VND to 70,000,000 VND for one of the following acts:

a) Failure to maintain one of the conditions specified in Article 10 of the Law on Vietnamese Workers working abroad under a contract as prescribed by law throughout the operation;

b) Failure to maintain the conditions prescribed in Clause 2, Article 8 of the Law on Vietnamese Workers working abroad under contract and the provisions in Article 20 of Decree No. 112/2021/NĐ-CP dated December 10, 2021 of the Government detailing a number of articles and measures to implement the Law on Vietnamese Workers working abroad under contract amended and supplemented by Decree No. 372/2025/NĐ-CP;

c) Improperly implementing the approved labor supply contract registration contents;

d) Failure to compensate workers for damages caused by the enterprise or its branches according to the provisions of law;

d) Failure to advise and support employees on procedures related to termination of labor contracts, benefits, regimes and procedures for returning home;

e) Advertising, consulting, announcing recruitment or providing inaccurate information to workers or local authorities at the recruitment place about one of the following contents: quantity; selection criteria; working conditions; rights and obligations of employees under labor supply contracts;

g) Failure to commit in writing to the waiting time to leave the country after the successful employee goes to work abroad for a period of no more than 180 days from the date the worker is admitted or not complying with the commitment to the waiting time to leave the country;

h) Do not directly recruit workers.

6. Fine from 50,000,000 VND to 70,000,000 VND for violation for each employee but not exceeding 200,000,000 VND for one of the following acts:

a) Taking advantage of activities of recruiting Vietnamese workers to work abroad or service activities of sending Vietnamese workers to work abroad to illegally collect money from workers;

b) Collect recruitment fees from workers;

c) Collecting deposits from workers but not paying them into blocked accounts as prescribed.

7. Fines shall be imposed when sending Vietnamese workers to work abroad in excess of the number of people registered under the labor supply contract according to one of the following levels:

a) From 40,000,000 VND to 80,000,000 VND when exceeding the registered number of 01 person to 10 people;

b) From 80,000,000 VND to 120,000,000 VND when exceeding the registered number from 11 to 50 people;

c) From 120,000,000 VND to 180,000,000 VND when exceeding the registered number of more than 50 people.

8. Fine from 80,000,000 VND to 100,000,000 VND for one of the following acts:

a) Collecting service fees from employees not in accordance with the law;

b) Failure to refund or incomplete refund to the employee of the service fee and interest in proportion to the remaining time of the Contract to send Vietnamese workers to work abroad in case the worker has paid the service fee for the entire working period under the Contract to send Vietnamese workers to work abroad but must return home before the deadline and through no fault of the worker;

c) Failure to organize the management and protection of the legitimate rights and interests of workers sent by the enterprise to work abroad in accordance with the provisions of law;

d) Not providing legal aid in case workers need legal aid when experiencing abuse, violence or discrimination while working abroad;

d) Failure to comply with the request of a competent authority or failure to coordinate with relevant agencies and organizations of the labor-receiving country to resolve disputes related to workers;

e) Failure to resolve problems arising for employees in one of the following cases: death; occupational accidents; occupational diseases; having your life violated; health is violated; having their honor and dignity violated; property is violated; natural disasters; pandemic; war; political instability; state of emergency.

9. Fine from 150,000,000 VND to 180,000,000 VND for one of the following acts:

a) Taking advantage of the activities of sending Vietnamese workers to work abroad to organize illegal exit, exploitation or forced labor without criminal prosecution;

b) Sending Vietnamese workers to work abroad in one of the following cases: in prohibited areas; prohibited work; violate social ethics; violates the health of workers or the community but does not rise to the level of criminal prosecution; Not authorized by the receiving country;

c) Coercing, manipulating, seducing or deceiving Vietnamese workers to stay abroad illegally without being prosecuted for criminal liability;

d) Discriminating against workers or insulting the honor and dignity of workers in activities of sending Vietnamese workers to work abroad;

d) Sending Vietnamese workers to work abroad without registering a labor supply contract or registering a labor supply contract but not yet approved;

e) Correcting or falsifying documents and documents in the application for issuance or re-issuance of the License to operate the service of sending Vietnamese workers to work abroad under contracts but not to the extent of criminal prosecution;

g) Correcting or falsifying the content of the License to operate the service of sending Vietnamese workers to work abroad under the issued contract but not to the extent of criminal prosecution;

h) Forging documents and documents in the application for issuance or re-issuance of a License to operate services to send Vietnamese workers to work abroad under contracts without being prosecuted for criminal liability;

i) Sending workers to work as domestic workers abroad without notification or untrue notification about meeting the conditions for operating the service of sending Vietnamese workers to work as domestic workers abroad.

10. Fine from 180,000,000 VND to 200,000,000 VND for one of the following acts:

a) Using the License to operate services to send Vietnamese workers to work abroad under another enterprise's contract to organize the sending of Vietnamese workers to work abroad;

b) Let other organizations and individuals use the License to operate services to send Vietnamese workers to work abroad under their enterprise's contract to send Vietnamese workers to work abroad;

c) Assigning service activities of sending Vietnamese workers to work abroad under contract to an enterprise's branch in contravention of regulations;

d) Execute the labor supply contract during the period of suspension of the labor supply contract; Carry out one of the activities specified in Clauses 1, 2, 3, 4, Article 9 of the Law on Vietnamese Workers working abroad under contract during the period of suspension.

11. Additional sanctions

a) Suspension of activities specified in Clauses 1 and 3, Article 9 of the Law on Vietnamese Workers working abroad under contracts in markets with violations for from 03 months to 06 months for violations specified in Point e, Clause 2 of this Article;

b) Suspension of activities specified in Clauses 1, 2, 3 and 4, Article 9 of the Law on Vietnamese Workers working abroad under contracts in markets with violations from 12 months to 18 months for violations specified in Point b, Clause 5 of this Article;

c) Suspension of activities specified in Clauses 1, 2 and 3, Article 9 of the Law on Vietnamese Workers working abroad under contracts from 06 months to 12 months when there is a violation specified in Point a, Clause 8 of this Article;

d) Suspend the activities specified in Clauses 1, 2, 3 and 4, Article 9 of the Law on Vietnamese Workers working abroad under contracts from 06 months to 12 months when there are violations specified in Point dd, Clause 8 of this Article.

12. Remedial measures

a) Force service enterprises to update information about workers sent by the enterprise on the database system of Vietnamese workers working abroad under contracts according to the provisions of law when there is a violation of the provisions at Point g, Clause 1 of this Article;

b) Force service enterprises to pay the full amount to be paid and the interest on this amount calculated according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanction to the Overseas Employment Support Fund when there are violations specified in Clause 3 of this Article;

c) Force service enterprises to pay the full amount of money paid by employees to the Overseas Employment Support Fund through the service enterprise and the interest on this amount calculated according to the highest demand deposit interest rate of state-owned commercial banks announced at the time of sanction to the Overseas Employment Support Fund when there are violations specified in Clause 4 of this Article;

d) Force service enterprises to compensate workers for damages caused by enterprises and enterprise branches according to the provisions of law when there are violations specified in Point d, Clause 5 of this Article;

d) Force the service enterprise to return to the employee the amount of money illegally collected from the employee and the interest on this amount calculated according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanction when there is a violation specified in Clause 6, Point a, Clause 8 of this Article;

e) Force the service enterprise to fully refund the service fee and interest to the employee in accordance with the provisions of law when there is a violation specified in Point b, Clause 8 of this Article;

g) Force the service enterprise to refund the amount collected from workers working abroad and the interest on this amount calculated according to the highest interest rate on demand deposits announced by state-owned commercial banks at the time of sanction and at the same time pay the cost of bringing the worker back home when there is a violation at Point b, Clause 9 of this Article;

h) Forced to return illegal profits obtained from committing violations specified in Point c, Clause 9 of this Article;

i) Forced to return the license to operate the service of sending Vietnamese workers to work abroad under the contract to the competent authority that issued that license when there is a violation of the provisions at Point g, Clause 9 of this Article.

Article 50. Violations of regulations on sending Vietnamese workers to work abroad by enterprises winning or receiving contracts for works and projects abroad

1. Fine from 3,000,000 VND to 5,000,000 VND for one of the following acts:

a) Failure to update information about workers on the database system of Vietnamese workers working abroad under contracts;

b) Failure to report after completing a winning contract, receiving a contract abroad or failure to report unexpectedly at the request of the Provincial People's Committee according to the provisions of law.

2. Fine from 3,000,000 VND to 5,000,000 VND for violation for each employee but not exceeding 200,000,000 VND for acts that do not ensure that workers receive periodic health checks including reproductive health and medical examination and treatment in case the worker gets sick or has an accident while working abroad.

3. Fine from 10,000,000 VND to 20,000,000 VND for violation per employee but not exceeding 200,000,000 VND for one of the following acts:

a) Failure to organize Vietnamese workers to participate in orientation education courses before going to work abroad;

b) Not providing complete or accurate information or not providing clear information about one of the following contents: working conditions; living conditions; benefits or regimes of workers working at works and projects of enterprises winning or receiving contracts abroad;

c) Do not directly organize sending Vietnamese workers to work abroad.

4. Fine from 20,000,000 VND to 30,000,000 VND for one of the following acts:

a) Not sending workers home or not paying the cost of sending workers home when the worker is sick or has an accident to the point where he or she is no longer able to continue working abroad;

b) Failure to organize the repatriation of remains or bodies of workers who died while working abroad; do not pay costs related to organizing the repatriation of remains or bodies of workers who die while working abroad.

5. Fine from 30,000,000 VND to 50,000,000 VND for one of the following acts:

a) Sending Vietnamese workers to work abroad in excess of the number in the plan or not in accordance with the plan for sending Vietnamese workers to work abroad that has been notified to the Provincial People's Committee where the enterprise is headquartered;

b) Failure to agree in a labor contract appendix with the employee as prescribed or having an agreement in a labor contract appendix but the content is not consistent with the plan to send Vietnamese workers to work abroad that has been notified to the Provincial People's Committee where the enterprise is headquartered.

6. Fine from 75,000,000 VND to 90,000,000 VND for one of the following acts:

a) Failure to report or failure to coordinate with Vietnamese representative agencies abroad to manage and protect the legal and legitimate rights and interests of workers while working abroad;

b) Failure to comply with the request of a competent authority or failure to coordinate with relevant agencies and organizations of the country where the worker comes to work to resolve disputes related to workers working abroad;

c) Failure to resolve or failure to coordinate in resolving issues that arise for employees in one of the following cases: death; having an accident; having your life violated; health is violated; having their honor and dignity violated; property is violated; natural disasters; pandemic; war; political instability; economic recession; state of emergency; for other force majeure reasons.

7. Fine from 50,000,000 VND to 70,000,000 VND for each worker but not more than 200,000,000 VND for taking advantage of the activity of sending Vietnamese workers to work abroad to illegally collect money from workers.

8. Fine from 150,000,000 VND to 180,000,000 VND for one of the following acts:

a) Taking advantage of the activities of sending Vietnamese workers to work abroad to organize illegal exit, exploitation or forced labor without criminal prosecution;

b) Sending Vietnamese workers to work abroad in one of the following cases: in prohibited areas; prohibited work; violate social ethics; violates the health of workers or the community but does not rise to the level of criminal prosecution; Not authorized by the receiving country;

c) Coercing, manipulating, seducing or deceiving Vietnamese workers to stay abroad illegally without being prosecuted for criminal liability;

d) Sending Vietnamese workers to work abroad without notifying the Provincial People's Committee where the enterprise is headquartered about the plan to send Vietnamese workers to work abroad.

9. Additional sanctions

Suspension of activities of sending Vietnamese workers to work abroad of Vietnamese enterprises that win bids or receive contracts for works and projects abroad from 06 months to 12 months when there are violations specified in Clauses 6, 7, and 8 of this Article.

10. Remedial measures

a) Forcing Vietnamese enterprises that win bids or receive contracts for works or projects abroad to update information about workers on the database system on Vietnamese workers working abroad under contracts when there are violations specified in Point a, Clause 1 of this Article;

b) Forcing Vietnamese enterprises that win bids, accept contracts for works or projects abroad to bring workers home or pay costs for workers to return home when committing violations specified in Point a, Clause 4 of this Article;

c) Force Vietnamese enterprises that win bids or receive contracts for works or projects abroad to pay costs related to the organization of repatriating the remains or bodies of workers who die while working abroad when they commit acts of not paying costs related to the organization of bringing the remains or bodies of workers who die while working abroad back home as prescribed in Point b, Clause 4 of this Article;

d) Force Vietnamese enterprises that win bids or receive contracts for works or projects abroad to return to workers the amount of money illegally collected from workers and the interest on this amount calculated according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanction when there is a violation specified in Clause 7 of this Article;

d) Forcing Vietnamese enterprises that win bids or receive contracts for works or projects abroad to return illegal profits obtained from violations specified in Point c, Clause 8 of this Article.

Article 51. Violations of regulations on sending Vietnamese workers to work abroad by Vietnamese organizations and individuals investing abroad

1. Fine from 500,000 VND to 1,500,000 VND for failure to report annually as prescribed or not report unexpectedly on the situation of sending Vietnamese workers to work abroad in accordance with the law.

2. Fine from 1,500,000 VND to 2,500,000 VND for failure to update information about workers on the database system of Vietnamese workers working abroad under contracts.

3. Fine from 5,000,000 VND to 10,000,000 VND for violation per employee but not exceeding 100,000,000 VND for one of the following acts:

a) Failure to organize Vietnamese workers to participate in orientation education courses before going to work abroad;

b) Not providing complete or accurate information or not providing clear information about one of the following contents: working conditions; living conditions; interest; regimes for employees working at production and business establishments or projects established abroad by investment organizations or individuals;

c) Do not directly organize sending Vietnamese workers to work abroad;

d) Do not directly manage and employ Vietnamese workers working abroad.

4. Fine from 15,000,000 VND to 25,000,000 VND for one of the following acts:

a) Sending Vietnamese workers to work abroad in excess of the number of people in the plan to send Vietnamese workers to work abroad that has been notified to the Provincial People's Committee where the enterprise is headquartered;

b) Failure to agree in a labor contract appendix with the employee as prescribed or having an agreement in a labor contract appendix but the content is not consistent with the plan to send Vietnamese workers to work abroad that has been notified to the Provincial People's Committee where the enterprise is headquartered;

c) Failure to sign a contract to send Vietnamese workers to work abroad according to the content or contract form prescribed by the Minister of Home Affairs in the case of sending newly recruited workers to work abroad;

d) Do not liquidate the contract with the employee to send Vietnamese workers to work abroad within 180 days from the date the employee terminates the labor contract.

5. Fine from 35,000,000 VND to 45,000,000 VND for one of the following acts:

a) Failure to report or failure to coordinate with Vietnamese representative agencies abroad to manage and protect the legal and legitimate rights and interests of workers while working abroad;

b) Failure to comply with the request of a competent authority or failure to coordinate with relevant agencies and organizations of the country where the worker comes to work to resolve disputes related to workers working abroad;

c) Failure to resolve problems arising for employees in one of the following cases: death; having an accident; having your life violated; health is violated; having their honor and dignity violated; property is violated; natural disasters; pandemic; war; political instability; economic recession; state of emergency; for other force majeure reasons.

6. Fine from 25,000,000 VND to 35,000,000 VND for each worker but not more than 100,000,000 VND for taking advantage of the activity of sending Vietnamese workers to work abroad to illegally collect money from workers.

7. Fine from 75,000,000 VND to 90,000,000 VND for one of the following acts:

a) Taking advantage of the activities of sending Vietnamese workers to work abroad to organize illegal exit or exploitation or forced labor without criminal prosecution;

b) Sending Vietnamese workers to work abroad in one of the following cases: prohibited areas; prohibited work; violate social ethics; violates the health of workers or the community but does not rise to the level of criminal prosecution; Not authorized by the receiving country;

c) Coercing, manipulating, seducing or deceiving Vietnamese workers to stay abroad illegally without being prosecuted for criminal liability;

d) Sending Vietnamese workers to work abroad without notifying the Provincial People's Committee where the enterprise is headquartered about the plan to send Vietnamese workers to work abroad.

8. Additional sanctions

Suspension of activities of sending Vietnamese workers to work abroad of Vietnamese organizations and individuals investing abroad from 06 months to 12 months when there are violations specified in Clauses 5, 6, and 7 of this Article.

9. Remedial measures

a) Forcing Vietnamese organizations and individuals investing abroad to update information about workers on the database system of Vietnamese workers working abroad under contracts when there is a violation of the provisions in Clause 2 of this Article;

b) Force Vietnamese organizations and individuals investing abroad to ensure full legal rights and benefits for workers who have been sent to work abroad when there are violations specified in Point a, Clause 4 of this Article;

c) Force Vietnamese organizations and individuals investing abroad to return to workers the amount of money illegally collected from workers and the interest on this amount calculated according to the highest interest rate on demand deposits announced by state-owned commercial banks at the time of sanction when there is a violation specified in Clause 6 of this Article;

d) Force Vietnamese organizations and individuals investing abroad to return illegal profits obtained from violations specified in Point a, Clause 4, Point c, Clause 7 of this Article.

Article 52. Violations of Vietnamese enterprises sending Vietnamese workers to train and improve professional qualifications and skills abroad

1. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed for failure to report on the implementation of sending workers to train and improve vocational qualifications and skills abroad to competent state agencies according to the provisions of law.

2. Fine from 3,000,000 VND to 5,000,000 VND for failure to update information about workers on the database system of Vietnamese workers working abroad under contracts.

3. Fine from 10,000,000 VND to 20,000,000 VND for violation per employee but not exceeding 200,000,000 VND for one of the following acts:

a) Failure to organize for workers to participate in orientation education courses before going to training to improve their qualifications and vocational skills abroad;

b) Not providing complete or accurate information or not providing clear information about one of the contents specified in Clause 2, Article 37 of the Law on Vietnamese Workers working abroad under contract.

4. Fine from 30,000,000 VND to 50,000,000 VND for one of the following acts:

a) Sending Vietnamese workers to train and improve their qualifications and vocational skills abroad in excess of the number of people registered with competent state agencies;

b) The intern contract does not contain all the contents as prescribed in Clause 2, Article 37 of the Law on Vietnamese Workers working abroad under the contract;

c) Failure to sign a vocational training contract before the employee goes to train and improve his/her professional qualifications and skills abroad;

d) The content of the vocational training contract abroad is not consistent with the content of the internship contract.

5. Fine from 75,000,000 VND to 90,000,000 VND for one of the following acts:

a) Failure to report or failure to coordinate with Vietnamese representative agencies abroad to manage and protect the legal and legitimate rights and interests of workers while working abroad;

b) Failure to comply with the request of a competent authority or failure to coordinate with relevant agencies and organizations of the country where the worker comes to train, improve qualifications and vocational skills to resolve disputes related to workers working abroad;

c) Failure to resolve problems arising for employees in one of the following cases: death; having an accident; having your life violated; health is violated; having their honor and dignity violated; property is violated; natural disasters; pandemic; war; political instability; economic recession; state of emergency; for other force majeure reasons.

6. Fine from 150,000,000 VND to 180,000,000 VND for one of the following acts:

a) Taking advantage of the activities of sending Vietnamese workers to train and improve their qualifications and vocational skills abroad to organize illegal exit or exploitation or forced labor without being prosecuted for criminal liability;

b) Sending Vietnamese workers to train and improve their qualifications and vocational skills abroad without registering an internship contract or registering but not being approved by a competent state agency;

c) Coercing, manipulating, seducing or deceiving Vietnamese workers to stay abroad illegally without being prosecuted for criminal liability.

7. Remedial measures

a) Force Vietnamese enterprises to send Vietnamese workers to train and improve their professional qualifications and skills abroad to update information about workers on the database system on Vietnamese workers working abroad under contracts when there is a violation of the provisions of Clause 2 of this Article;

b) Force Vietnamese enterprises to send Vietnamese workers to train and improve their professional qualifications and skills abroad to fully fulfill the obligations and responsibilities towards workers according to the provisions of law for violations at Point c, Clause 5 of this Article;

c) Force Vietnamese enterprises to send Vietnamese workers to train and improve their professional qualifications and skills abroad to return illegal profits obtained from violations specified in Point c, Clause 6 of this Article.

Article 53. Violations by Vietnamese workers working abroad and other related organizations and individuals

1. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on workers working abroad under directly signed labor contracts without written confirmation of labor contract registration from the People's Committee of the commune where the worker permanently resides.

2. A fine of from 80,000,000 VND to 100,000,000 VND shall be imposed on workers who illegally stay abroad after terminating their labor contracts or vocational training contracts without being threatened or coerced in any form and are not subject to criminal prosecution.

3. Fine from 80,000,000 VND to 100,000,000 VND for organizations and individuals that commit one of the following acts:

a) Carry out information, advertising, and consulting for workers working abroad when not in charge;

b) Organizing the recruitment or collection of money from Vietnamese workers to work abroad when not in charge;

c) Coercing, manipulating, seducing or deceiving Vietnamese workers to stay abroad illegally without being prosecuted for criminal liability;

d) Forging service operation licenses to send Vietnamese workers to work abroad under contracts without being prosecuted for criminal liability.

4. A fine from 180,000,000 VND to 200,000,000 VND shall be imposed on branches of service enterprises when carrying out activities of sending Vietnamese workers to work abroad that are not within the scope of tasks assigned by the service enterprise or not within the time assigned by the service enterprise.

5. Remedial measures

Forced to return to the employee the amount of money illegally collected from the employee and the interest on this amount calculated according to the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanction when there is a violation specified in Clause 4 of this Article.

AUTHORITY TO PUNISH ADMINISTRATIVE VIOLATIONS AND MAKE RECORDS OF ADMINISTRATIVE VIOLATIONS; PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS; IMPLEMENTATION OF SANCTIONS FOR ADMINISTRATIVE VIOLATIONS, REMEDIAL MEASURES IN THE FIELD OF LABOR, SOCIAL INSURANCE, VIETNAMESE WORKERS GOING TO WORK

OVERSEAS UNDER CONTRACT

Section 1

AUTHORITY TO PUNISH ADMINISTRATIVE VIOLATIONS

AND MAKE A RECORDS OF ADMINISTRATIVE VIOLATIONS

Article 54. Authority to make records of administrative violations

The following people who are performing official duties and tasks have the authority to make administrative violation records:

1. Persons with authority to sanction administrative violations specified in Articles 55, 56, 57, 58, 59, 60, 61 and Article 62 of this Decree.

2. Civil servants and employees of the Department of Home Affairs shall make administrative violation records for violations specified in Chapter II, Chapter III and Chapter IV of this Decree.

3. Civil servants engaged in cultural and social work shall make administrative violation records for violations specified in Chapter II, Chapter III and Chapter IV of this Decree according to assigned functions and tasks.

4. Civil servants and public employees of units under the Ministry of Home Affairs with functions of state management and specialized inspection of labor, social insurance, and Vietnamese workers working abroad under contracts prepare administrative violation records for violations specified in this Decree within the scope of inspection.

5. Civil servants and employees of the Ministry of Finance, Provincial Social Insurance, and Vietnam Social Insurance shall make administrative violation records for violations of social insurance and unemployment insurance payments specified in Chapter III of this Decree according to assigned functions and tasks.

6. Civil servants and employees of the Ministry of Foreign Affairs shall make administrative violation records for violations specified in Article 14 of this Decree according to assigned functions and tasks.

7. Civil servants and employees of the People's Public Security force make administrative violation records for violations specified in Point c, Clause 2, Article 8; Point dd Clause 3 Article 9; Points a, b, c Clause 4 Article 10; Point d, Clause 1, Clause 3, Article 11; Clause 3, Clause 4 Article 13; Clause 3, Article 17; Points a and b, Clause 3, Article 25; Clause 4, Article 28; Article 29; Point dd Clause 3 Article 32; Point dd Clause 1 Article 37; Clause 5, Clause 6 Article 37; Clause 2, Article 38; Point a, Clause 3, Article 39; Article 44; Article 46; Point a, Clause 1, Clause 2, Article 47; Point b Clause 1 Article 48; Points a, c, d, Clause 4, Article 48; Point b Clause 6 Article 48; Points a, b, e, Clause 1, Article 49; Point a, Clause 6, Article 49; Point a Clause 8 Article 49; Points a, b, c, d, e, g, h, Clause 9, Article 49; Clause 8, Article 50; Clause 1, Points a, b, c Clause 7 Article 51; Points a and c, Clause 6, Article 52 and Article 53 of this Decree according to the assigned functions, tasks and powers in the fields and areas under their management.

8. Civil servants and public employees of the Coast Guard make administrative violation records for violations specified in Chapter II of this Decree according to assigned functions, tasks, and powers in the assigned fields and areas of the sea.

9. Civil servants and employees of the Border Guard force make administrative violation records for violations specified in Point a, Clause 9, Article 49; Clause 8, Article 50; Point a, Clause 7, Article 51; Point a, Clause 6, Article 52 of this Decree within the scope and field of management, consistent with functions, tasks, powers and assigned areas.

10. Diplomatic officers and consular officers at diplomatic missions, consular offices, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad shall make records of administrative violations for violations specified in Point c, Clause 9, Article 49; Point c Clause 8 Article 50; Point c Clause 7 Article 51; Point c Clause 6 Article 52; Clause 2, Article 53; Point c, Clause 3, Article 53 of this Decree.

11. Head of the inspection team, Inspector who is a member of the Inspection Team prepares administrative violation records for violations specified in this Decree within the scope of inspection.

Article 55. Sanctioning authority of the Chairman of the People's Committee

1. The Chairman of the People's Committee of communes, wards and special zones (hereinafter referred to as commune level) has the right to:

a) Caution;

b) Fine up to 37,500,000 VND for administrative violations in the fields of labor and social insurance;

c) Fine up to 50,000,000 VND for administrative violations in the field of Vietnamese workers working abroad under contracts;

d) Deprivation of the right to use the practicing certificate for a definite period of time or suspension of operations for a definite period of time;

d) Confiscate evidence of administrative violations;

e) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

2. Chairman of the People's Committee of provinces and cities (hereinafter collectively referred to as provincial level) has the right to:

a) Caution;

b) Fine up to 75,000,000 VND for administrative violations in the fields of labor and social insurance;

c) Fine up to 100,000,000 VND for administrative violations in the field of Vietnamese workers working abroad under contracts;

d) Deprivation of the right to use the practicing certificate for a definite period of time or suspension of operations for a definite period of time;

d) Confiscate evidence of administrative violations;

e) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 56. Sanctioning authority of the Director of the Department of Overseas Labor Management and the Head of the inspection team established by the Director of the Department of Overseas Labor Management

1. Director of the Department of Overseas Labor Management has the right to:

a) Caution;

b) Fine up to 100,000,000 VND for administrative violations in the field of Vietnamese workers working abroad under contracts;

c) Suspension of operations for a limited period of time;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree;

2. The head of the inspection team established by the Director of the Department of Overseas Labor Management has the right to:

a) Caution;

b) Fine up to 80,000,000 VND for administrative violations in the field of Vietnamese workers working abroad under contracts;

c) Suspension of operations for a limited period of time;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 57. Sanctioning authority of the Director of Provincial Social Insurance, Director of Vietnam Social Insurance and Head of specialized inspection team established by Vietnam Social Insurance

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

a) Caution;

b) Fine up to 37,500,000 VND for administrative violations in the field of social insurance and unemployment insurance payment;

c) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

2. Director of Vietnam Social Insurance has the right to:

a) Caution;

b) Fine up to 75,000,000 VND for violations in the field of social insurance and unemployment insurance payment;

c) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

3. The head of the specialized inspection team established by Vietnam Social Insurance has the right to:

a) Caution;

b) Fine up to 60,000,000 VND for violations in the field of social insurance and unemployment insurance payment;

c) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 58. Sanctioning authority of the People's Police

1. People's Public Security soldiers on duty have the right to:

a) Caution;

b) Fine up to 7,500,000 VND for violations in the fields of labor and social insurance; up to 10,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Confiscate evidence of administrative violations whose value does not exceed 02 times the fine specified in Point b of this Clause.

2. The head of a company-level mobile police unit has the right to:

a) Caution;

b) Fine up to 15,000,000 VND for violations in the fields of labor and social insurance; up to 20,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Confiscate evidence of administrative violations whose value does not exceed 02 times the fine specified in Point b of this Clause.

3. Heads of police stations, heads of battalion-level mobile police units, naval captains, station heads, and captains have the right to:

a) Caution;

b) Fine up to 22,500,000 VND for violations in the fields of labor and social insurance; up to 30,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Suspension of operations for a limited period of time;

d) Confiscate evidence of administrative violations whose value does not exceed 02 times the fine specified in Point b of this Clause.

4. The Commune-level Police Chief has the right to:

a) Caution;

b) Fine up to 37,500,000 VND for violations in the fields of labor and social insurance; up to 50,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Suspension of operations for a limited period of time;

d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

5. Head of International Airport Border Gate Police; Heads of professional departments under the Department of Internal Security include: Head of Catholic Security Department, Head of Other Religious Security Department, Head of Ethnic Security Department, Head of Anti-Reactionary Department, Head of Anti-Terrorism Department, Head of Social Security Department; Heads of professional departments under the Department of Internal Political Security include: Head of Internal Security Department of Central Party and State agencies, Head of Security Department of judicial agencies, law-making agencies, and Central socio-political organizations, Head of Press and Publishing Security Department, Head of Health and Education Security Department, Head of Culture, Sports and Social Labor Security Department, Head of Postal, Telecommunications and Information Technology Security Department, Head of State Management Department for protecting State secrets water; Heads of professional departments under the Economic Security Department include: Head of Industrial and Trade Security Department, Head of Monetary Security Department, Head of Financial and Investment Security Department, Head of Science, Technology and Natural Resources and Environment Security Department; Heads of professional departments under the Drug Crime Investigation Police Department include: Head of Crime Prevention and Investigation in the field of illegal trading and transportation of narcotics, Head of Crime Prevention and Investigation in the field of organizing and harboring illegal use of narcotics, Head of Crime Prevention and Investigation in the field of illegal drug production, Head of Crime Prevention and Investigation in legal activities related to drugs; Heads of the professional department under the Police Department for administrative management of social order include: Director of the National Population Data Center; Heads of professional departments under the Traffic Police Department include: Head of Guidance for propaganda, investigation, and resolution of traffic accidents, Head of Guidance, vehicle registration and inspection, Head of Guidance for patrolling and controlling road and rail traffic, Head of Guidance for traffic control and group leading, Head of Guidance for patrolling, controlling and fighting crime prevention and control on inland waterways, Crew Chief; Heads of professional departments under the Police Department of Fire Prevention, Fighting and Rescue include: Head of Fire Fighting and Rescue, Head of Science - Technology Management and Inspection of Fire Prevention, Fighting and Rescue Equipment; Heads of professional departments under the Department of Cyber Security and prevention and combat of crimes using high technology include: Head of Department of Prevention and combat of crimes using cyberspace to violate economic management order, Head of Department of Prevention and combat of crimes using cyberspace to violate social order, Head of Department of Network Information Security, Head of Department of Security Protection of the national information network system, Head of Department of Network Information Monitoring and prevention and combat of activities using cyberspace to violate national security; Heads of professional departments under the Immigration Department include: Head of Department for Management of Entry, Exit, and Residence of Foreigners, Head of Department for Management of Exit and Entry of Vietnamese Citizens, Director of the National Aviation Security Center; Heads of professional departments at the National Data Center include: Head of Application Management Department, Head of Data Management Department, Head of System Security and Safety Department, Head of Information Technology System Administration and Operation Department; Heads of professional departments under the Department of Professional Records include: Director of the Center for Professional Information and Data of the Ministry of Public Security, Director of the Center for Receiving and Processing Professional Information, Head of the Department of Informatics and Management of Professional Records Database; Head of the regimental mobile police unit; Heads of Provincial Police Departments include: Head of Internal Security Department, Head of Internal Political Security Department, Head of Police Department for Administrative Management of Social Order, Head of Police Department for Investigation of Social Order Crimes, Head of Police Department for Investigation of Crimes on Corruption, Economy, Smuggling, and Environment, Head of Police Department for Drug Crime Investigation, Head of Traffic Police Department, Head of Mobile Police Department, Head of Police Department for Criminal Judgment Enforcement and Judicial Support, Head of Police Department Fire Prevention, Fighting and Rescue Police, Head of Cyber Security and High-Tech Crime Prevention and Control, Head of Economic Security Department, Head of External Security Department, Head of Professional Records Department, Chief of the Office of the Police Investigation Agency of the Provincial Police have the right to:

a) Caution;

b) Fine up to 60,000,000 VND for violations in the fields of labor and social insurance; up to 80,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Suspension of operations for a limited period of time;

d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

6. The Head of the Immigration Management Department of the Provincial Police has the authority to impose penalties according to the provisions of Clause 5 of this Article and has the right to decide on the application of deportation penalties.

7. The Director of the Provincial Police has the right to:

a) Caution;

b) Fine up to 75,000,000 VND for violations in the fields of labor and social insurance; up to 100,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Suspension of operations for a limited period of time;

d) Confiscate evidence of administrative violations;

d) Applying expulsion sanctions;

e) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

8. Director of the Department of Internal Political Security, Director of the Department of Economic Security, Chief of the Office of the Police Investigation Agency of the Ministry of Public Security, Director of the Police Department of Administrative Management of Social Order, Director of the Police Department of Investigation of Social Order Crimes, Director of the Police Department of Investigation of Corruption, Economic and Smuggling Crimes, Director of the Police Department of Drug Crime Investigation, Director of the Traffic Police Department, Director of the Fire Prevention, Fighting and Rescue Police Department rescue, rescue, Director of the Police Department for preventing and combating environmental crimes, Director of the Department of Cyber Security and preventing and fighting crimes using high technology, Director of the Department of Internal Security, Director of the Police Department for custody and detention management and criminal judgment execution in the community, Commander of the Mobile Police, Director of the National Data Center, Director of the Department of Professional Records have the rights:

a) Caution;

b) Fine up to 75,000,000 VND for violations in the fields of labor and social insurance; up to 100,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Suspension of operations for a limited period of time;

d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

9. The Director of the Immigration Department has the authority to impose penalties according to the provisions of Clause 8 of this Article and has the right to decide on the application of deportation penalties.

Article 59. Sanctioning authority of the Coast Guard

1. Coast Guard officers on duty have the right to:

a) Caution;

b) Fine up to 3,750,000 VND for violations in the fields of labor and social insurance;

c) Confiscate evidence of administrative violations whose value does not exceed 02 times the fine specified in Point b of this Clause.

2. The Head of the Coast Guard Professional Group has the right to:

a) Caution;

b) Fine up to 7,500,000 VND for violations in the fields of labor and social insurance;

c) Confiscate evidence of administrative violations whose value does not exceed 02 times the fine specified in Point b of this Clause.

3. The Captain of the Coast Guard Professional Team and the Head of the Coast Guard Station have the right to:

a) Caution;

b) Fine up to 15,000,000 VND for violations in the fields of labor and social insurance;

c) Confiscate evidence of administrative violations whose value does not exceed 02 times the fine specified in Point b of this Clause.

4. The Coast Guard Squadron Leader has the right to:

a) Caution;

b) Fine up to 22,500,000 VND for violations in the fields of labor and social insurance;

c) Confiscate evidence of administrative violations whose value does not exceed 02 times the fine specified in Point b of this Clause;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

5. Commander of the Coast Guard Squadron; The Head of the Reconnaissance Team and the Head of the Drug Crime Prevention Task Force of the Vietnam Coast Guard have the right to:

a) Caution;

b) Fine up to 37,500,000 VND for violations in the fields of labor and social insurance;

c) Deprivation of the right to use the practicing certificate for a definite period of time or suspension of operations for a definite period of time;

d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

6. Commander of the Coast Guard Region, Director of the Department of Professional Affairs and Law under the Vietnam Coast Guard has the right to:

a) Caution;

b) Fine up to 60,000,000 VND for violations in the fields of labor and social insurance;

c) Deprivation of the right to use the practicing certificate for a limited period of time;

d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

7. The Commander of the Vietnam Coast Guard has the right to:

a) Caution;

b) Fine up to 75,000,000 VND for violations in the fields of labor and social insurance;

c) Deprivation of the right to use the practicing certificate for a definite period of time or suspension of operations for a definite period of time;

d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 60. Sanctioning authority of the Border Guard

1. Border Guard soldiers on duty have the right to:

a) Caution;

b) Fine up to 5,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Confiscate evidence of administrative violations whose value does not exceed 02 times the fine specified in Point b of this Clause.

2. Station chiefs and team leaders of the people specified in Clause 1 of this Article have the right to:

a) Caution;

b) Fine up to 10,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Confiscate evidence of administrative violations whose value does not exceed 02 times the fine specified in Point b of this Clause.

3. The Head of the Drug and Crime Prevention Task Force under the Drug and Crime Prevention Task Force has the right to:

a) Caution;

b) Fine up to 15,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Confiscate evidence of administrative violations whose value does not exceed 02 times the fine specified in Point b of this Clause.

4. The Chief of the Border Guard Station, the Chief of the Border Guard Squadron, and the Commander of the Border Guard Command of the Port Border Gate have the rights:

a) Caution;

b) Fine up to 30,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Confiscate evidence of administrative violations whose value does not exceed 02 times the fine specified in Point b of this Clause;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

5. The Head of the Drug and Crime Prevention Task Force under the Drug and Crime Prevention Department under the Border Guard Command has the right to:

a) Caution;

b) Fine up to 50,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Suspension of operations for a limited period of time;

d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

6. Commander of the Border Guard Command; The Commander of the Border Guard Squadron and the Director of the Drug and Crime Prevention Department under the Border Guard Command have the right to:

a) Caution;

b) Fine up to 100,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Suspension of operations for a limited period of time;

d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 61. Sanctioning authority of Heads of agencies performing state management tasks according to specialties, fields and a number of other positions

1. The Director of the Department of Home Affairs has the right to:

a) Caution;

b) Fine up to 60,000,000 VND for violations in the fields of labor and social insurance; up to 80,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Deprivation of the right to use the practicing certificate for a definite period of time or suspension of operations for a definite period of time;

d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

2. Director of the Department of Employment and Director of the Department of Wages and Social Insurance have the right to:

a) Caution;

b) Fine up to 75,000,000 VND for violations in the fields of labor and social insurance;

c) Deprivation of the right to use the practicing certificate for a definite period of time or suspension of operations for a definite period of time;

d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

3. The head of the inspection team established by the Minister of Home Affairs, the head of the inspection team established by the Minister of Finance, and the head of the inspection team established by the Minister of Foreign Affairs have the rights:

a) Caution;

b) Fine up to 75,000,000 VND for violations in the fields of labor and social insurance; up to 100,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts;

c) Deprivation of the right to use the practicing certificate for a definite period of time or suspension of operations for a definite period of time;

d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

4. The head of the inspection team established by the Director of the Department of Employment, the head of the inspection team established by the Director of the Department of Wages and Social Insurance has the right to:

a) Caution;

b) Fine up to 60,000,000 VND for violations in the fields of labor and social insurance;

c) Deprivation of the right to use the practicing certificate for a definite period of time or suspension of operations for a definite period of time;

d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 62. Competence of diplomatic missions, consulates, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad

Heads of diplomatic missions, consular offices, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad have the right to:

1. Caution.

2. Fines of up to 100,000,000 VND for violations in the field of Vietnamese workers working abroad under contracts.

3. Confiscate evidence of administrative violations.

4. Apply remedial measures specified in Chapter IV of this Decree.

Article 63. Principles for determining and delimiting sanctioning authority

1. The authority to sanction administrative violations of competent persons specified in Articles 55, 56, 57, 58, 59, 60, 61 and Article 62 of this Decree is the authority applicable to an individual's administrative violation. In the case of fines, the sanctioning authority for organizations is 2 times greater than the sanctioning authority for individuals.

2. Presidents of People's Committees at all levels have the authority to sanction administrative violations and apply remedial measures for administrative violations specified in Chapter II, Chapter III and Chapter IV of this Decree according to the authority specified in Article 55 of this Decree and assigned functions, tasks and powers.

3. The Director of the Department of Overseas Labor Management and the Head of the inspection team established by the Director of the Department of Overseas Labor Management have the authority to sanction administrative violations and apply remedial measures for administrative violations specified in Chapter IV of this Decree according to the authority specified in Article 56 of this Decree and assigned functions, tasks and powers.

4. The Director of Provincial Social Insurance, the Director of Vietnam Social Insurance and the Head of specialized inspection teams established by Vietnam Social Insurance have the authority to sanction administrative violations and apply remedial measures for administrative violations of social insurance and unemployment insurance payment specified in Chapter III of this Decree according to the authority specified in Article 57 of this Decree and assigned functions, tasks and powers.

5. Persons with sanctioning authority of the People's Police have the authority to sanction administrative violations and apply remedial measures for administrative violations specified in Point c, Clause 2, Article 8; Point dd Clause 3 Article 9; Points a, b, c Clause 4 Article 10; Point d, Clause 1, Clause 3, Article 11; Clause 3, Clause 4 Article 13; Clause 3, Article 17; Points a and b, Clause 3, Article 25; Clause 4, Article 28; Article 29; Point dd Clause 3 Article 32; Point dd Clause 1 Article 37; Clause 5, Clause 6 Article 37; Clause 2, Article 38; Point a, Clause 3, Article 39; Article 44; Article 46; Point a, Clause 1, Clause 2, Article 47; Point b Clause 1 Article 48; Points a, c, d, Clause 4, Article 48; Point b Clause 6 Article 48; Points a, b, e, Clause 1, Article 49; Point a, Clause 6, Article 49; Point a Clause 8 Article 49; Points a, b, c, d, e, g, h, Clause 9, Article 49; Clause 8, Article 50; Clause 1, Points a, b, c Clause 7 Article 51; Points a and c, Clause 6, Article 52 and Article 53 of this Decree according to the authority specified in Article 58 of this Decree and assigned functions, tasks and powers in the fields and areas under their management.

6. Persons with sanctioning authority of the Coast Guard have the authority to sanction administrative violations and apply remedial measures for administrative violations specified in Chapter II of this Decree according to the authority specified in Article 59 of this Decree and assigned functions, tasks, and powers in the assigned fields and areas in the sea area.

7. Persons with sanctioning authority of the Border Guard have the authority to sanction administrative violations and apply remedial measures for administrative violations specified in Point a, Clause 9, Article 49; Clause 8, Article 50; Point a, Clause 7, Article 51; Point a, Clause 6, Article 52 of this Decree according to the authority specified in Article 60 of this Decree within the scope and field of management, in accordance with assigned functions, tasks, powers and areas.

8. The Director of the Department of Home Affairs has the authority to sanction administrative violations and apply remedial measures for administrative violations specified in Chapter II, Chapter III, Chapter IV of this Decree according to the authority specified in Clause 1, Article 61 of this Decree and assigned functions, tasks and powers.

9. The Director of the Department of Employment has the authority to sanction administrative violations and apply remedial measures for administrative violations regarding employment, labor safety, unemployment insurance, working hours, and rest hours in sections 1 and 3 of chapter II; Clause 2, Article 18; Points c, d, dd, e, Clause 3, Article 19; Clause 5, Article 19; Articles 20, 24, 26, 27, 28, 45, 46, 47 and Article 48 of this Decree according to the authority specified in Clause 2, Article 61 of this Decree and assigned functions, tasks and powers.

10. The head of the inspection team established by the Director of the Department of Employment has the authority to sanction administrative violations and apply remedial measures for administrative violations regarding employment, labor safety, unemployment insurance, working hours, and rest hours specified in sections 1 and 3 of chapter II; Clause 2, Article 18; Points c, d, dd, e, Clause 3, Article 19; Clause 5, Article 19; Articles 20, 24, 26, 27, 28, 45, 46, 47 and Article 48 of this Decree according to the authority specified in Clause 4, Article 61 of this Decree and assigned functions, tasks and powers.

11. The Director of the Department of Wages and Social Insurance has the authority to sanction administrative violations and apply remedial measures for administrative violations on labor, wages, and social insurance specified in Sections 2, 4, Chapter II and Chapter III of this Decree according to the authority specified in Clause 2, Article 61 of this Decree and assigned functions, tasks, and powers.

12. The head of the inspection team established by the Director of the Department of Wages and Social Insurance has the authority to sanction administrative violations and apply remedial measures for administrative violations on labor, wages, and social insurance specified in Sections 2, 4, Chapter II and Chapter III of this Decree according to the authority specified in Clause 4, Article 61 of this Decree and assigned functions, tasks, and powers.

13. The head of the inspection team established by the Minister of Home Affairs has the authority to sanction administrative violations and apply remedial measures for administrative violations specified in Chapter II, Chapter III and Chapter IV of this Decree according to the authority specified in Clause 3, Article 61 of this Decree and assigned functions, tasks and powers.

14. The head of the inspection team established by the Minister of Finance has the authority to sanction administrative violations and apply remedial measures for administrative violations of social insurance and unemployment insurance payments specified in Chapter III of this Decree according to the authority specified in Clause 3, Article 61 of this Decree and assigned functions, tasks and powers.

15. The head of the inspection team established by the Minister of Foreign Affairs has the authority to sanction administrative violations and apply remedial measures for administrative violations in the field of labor specified in Article 14 of this Decree according to the authority specified in Clause 3, Article 61 of this Decree and assigned functions, tasks and powers.

16. Heads of diplomatic missions, consular offices, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad have the authority to sanction administrative violations and apply remedial measures for administrative violations specified in Point c, Clause 9, Article 49; Point c Clause 8 Article 50; Point c Clause 7 Article 51; Point c Clause 6 Article 52; Clause 2, Article 53; Point c, Clause 3, Article 53 of this Decree according to the authority specified in Article 62 of this Decree and assigned functions, tasks and powers.

Section 2

ENFORCEMENT OF PENALTIES FOR VIOLATIONS

ADMINISTRATIVE, REMEDIAL MEASURES

Article 64. Enforcement of administrative sanctions

1. The enforcement of administrative sanctions in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts shall comply with the provisions of the Law on Handling of Administrative Violations, documents guiding the Law on Handling of Administrative Violations and Clauses 2, 3, 4 of this Article.

2. The person who issues the decision to sanction administrative violations sends 01 copy of the sanctioning decision to the Minister of Home Affairs for the violations specified in Points a, b, c, e, h, Clause 5; Clause 6; Points a, b, dd, e, g, h Clause 9; Points a, b, c, Clause 10, Article 49 of this Decree.

3. For workers who are fined abroad, they can pay the fine at Vietnamese diplomatic missions and consulates abroad.

4. Fines are collected in Vietnamese Dong. In case of collection in foreign currency, it will be converted into Vietnam Dong according to the exchange rate of the commercial bank at the time of sanction.

Article 65. Implementation of remedial measures

1. The implementation of remedial measures specified in this Decree is applied in accordance with the provisions of the Law on Handling of Administrative Violations and guiding documents.

2. Procedures for implementing remedial measures to force the surrender of licenses, certificates, and certificates:

a) The person with decision-making authority, the violating individual or organization is responsible for implementing remedial measures to force the return of licenses, certificates, and certificates in accordance with the provisions of Clauses 1, 2, 3 and 4, Article 85 of the Law on Handling of Administrative Violations;

b) The person with the authority to issue a decision to implement remedial measures as prescribed in Point a of this Clause must send a written notice together with the sanctioning decision, and the license, certificate, or certificate must be returned to the competent agency or person that issued the license, certificate, or certificate;

c) In case a license, certificate, or certificate is issued in electronic form or expressed in the form of a data message, the competent agency or person shall force the return of the license, certificate, or certificate in the electronic environment according to regulations if the infrastructure, technical, and information conditions are met. The forced surrender of licenses, certificates, and certificates will have their status updated on the database or electronic identification card or electronic identification account in accordance with regulations.

Article 66. Effectiveness of implementation

1. This Decree takes effect from September 10, 2026.

2. Regulations on the authority to sanction administrative violations of the Director of the Department of Wages and Social Insurance in Clause 2, Article 61 and Clause 11, Article 63 of this Decree take effect from the date of the Decree amending and supplementing a number of articles of Decree No. 189/2025/NĐ-CP dated July 1, 2025 of the Government detailing the Law on Handling of Administrative Violations on the authority to sanction administrative violations. is in full force and effect.

3. The provisions in Points e, g, h, Clause 2, Article 7 and Article 14 of this Decree take effect from the date the Decree regulates the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam (amending and supplementing Decree No. 152/2020/NĐ-CP dated December 30, 2020 regulating Vietnamese workers working for organizations and individuals). Foreign employees in Vietnam amended and supplemented by Decree No. 70/2023/NĐ-CP) takes effect.

4. Decree No. 12/2022/NĐ-CP dated January 17, 2022 of the Government regulating administrative sanctions in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts expires from the effective date of this Decree.

Article 67. Transitional provisions

1. For administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts that occur and end before the effective date of this Decree but are discovered or are being considered and resolved when this Decree has taken effect, the Government's Decree on sanctioning administrative violations and relevant legal documents in effect at the time of committing the violation shall apply to handle.

2. For administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts that occurred before the effective date of this Decree but are still occurring when this Decree takes effect, the provisions of this Decree will apply to handle.

3. For decisions to sanction administrative violations that have been issued or have been completely implemented before the effective date of this Decree, but individuals and organizations that are sanctioned for administrative violations still complain, the provisions of the Law on Handling of Administrative Violations, the Government's Decree on sanctioning of administrative violations and relevant legal documents in effect at the time of issuance of the decision to sanction administrative violations shall apply to handle.

Article 68. Responsibility for guidance and implementation

1. The Minister of Home Affairs is responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, and Chairmen of People's Committees of provinces and centrally run cities are responsible for implementing this Decree. TM. KT GOVERNMENT. PRIME MINISTER DEPUTY PRIME MINISTER Pham Thi Thanh Tra