Decree 12/2022/ND-CP stipulating penalties for administrative violations in the field of labor, social insurance and Vietnamese workers working abroad under contracts

DECREE

PROVISIONS ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE REGION OF LABOR, SOCIAL INSURANCE, VIETNAMESE EMPLOYEES GOING TO WORK OUTSIDE BY CONTRACTING CONTRACT

Pursuant to the June 19, 6 Law on Government Organization; The Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government dated November 2015, 22;

Pursuant to the June 20, 6 Law on Handling of Administrative Violations; November 2012, 13 Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations;

Pursuant to the Labor Code dated 20 of month 11 year 2019;

Pursuant to the Employment Law dated November 16, 11;

Pursuant to the June 25, 6 Law on Occupational Safety and Hygiene;

Pursuant to the June 20, 6 Law on Trade Unions;

Pursuant to the November 20, 11 Law on Social Insurance;

Pursuant to the November 13, 11 Law on Vietnamese workers working abroad under contracts;

At the request of the Minister of Labor - Invalids and Social Affairs;

The Government promulgates a Decree on sanctioning administrative violations in the field of labor, social insurance, and Vietnamese workers working abroad under contracts.

Chapter I

GENERAL RULES

Article 1. Scope

This Decree stipulates violations, sanctioning forms, sanctioning levels, remedial measures, sanctioned subjects, sanctioning competence, competence to make minutes, sanctioning procedures, enforcement. implement sanctions, remedial measures in the field of labor, social insurance and Vietnamese workers working abroad under contracts.

Article 2. Subject of application

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

2. Persons with sanctioning competence and competent to make minutes are prescribed in Chapter V of this Decree.

3. Other agencies, organizations and individuals involved in the sanctioning and enforcement of sanctioning forms and remedial measures specified in this Decree.

Article 3. Sanctions

1. Organizations and individuals that commit administrative violations in the field of labor, social insurance, and Vietnamese workers working abroad under contracts shall be sanctioned in the form of sanctioning as follows: warning or fine.

2. Based on the nature and seriousness of their violations, organizations and individuals committing administrative violations may also be subject to one or more of the following additional sanctioning forms:

a) Deprivation of the right to use the labor outsourcing license for a term of between 06 and 12 months;

b) Confiscation of material evidences and means of administrative violations, including: Forged licenses, certificates, and certificates;

c) Suspend training activities on occupational safety and health from 01 to 03 months;

d) Suspend technical inspection of occupational safety from 01 to 03 months;

dd) Suspend working environment monitoring for 03 to 06 months;

e) Suspend the operation of sending Vietnamese workers to work abroad from 06 to 12 months;

g) Suspension of labor resource preparation activities from 06 to 12 months or from 12 to 24 months;

h) Suspend the recruitment of employees from 06 to 12 months;

i) Suspend the performance of labor supply contracts from 01 to 03 months;

k) Suspend the activities specified in Clauses 1, 2, 3, 4, Article 9 of the Law on Vietnamese workers going to work abroad under contracts from 06 to 12 months;

l) Suspend the operation of sending Vietnamese workers abroad to work as domestic workers for between 06 and 12 months;

m) Suspend the assessment of occupational safety and health from 01 to 03 months;

n) Expulsion of foreign workers working in Vietnam.

Article 4. Remedial measures

In addition to the sanctioning forms specified in Article 3 of this Decree, individuals and organizations that commit administrative violations may also be subject to one or several of the following remedial measures:

1. Forcible return to individuals or organizations using employment services the money collected from individuals or organizations using employment services and the interest of this money.

2. Forcing the employer to return the collected money to the employee or forcible return to the employee the amount illegally collected by the employee.

3. Forcing the employer to enter into a labor contract with the employee or to enter into a written labor contract with the employee; enter into a written labor contract with a domestic worker; enter into a written labor contract with the person authorized to conclude the contract for the group of employees; enter into the right type of labor contract with the employee.

4. Forcing the employer to return the original identity papers; diploma; certificate held by the employee.

5. Forcing employers to return identification documents to domestic workers.

6. Forcing the employer to return the employee's kept money or property plus interest on the employee's kept money.

7. Forcing employers to pay wages to employees; apprentices, apprentices or pay full wages to employees.

8. Forcing the employer to pay the full salary plus the interest on the late payment or underpayment to the employee.

9. Forcing the employer to pay full wages for the days of temporary suspension of work for employees.

10. Forcing employers to pay wages to employees during the days of temporary closure of the workplace.

11. Forcing employers to pay salaries to members of the management board of the employee representative organization at the grassroots level during the working period as prescribed by law to perform the work of the representative organization. movement at the base.

12. Forcing the employer to pay the female employee a salary corresponding to the time the female employee is not allowed to take leave during menstruation or while raising a child under 12 months of age as prescribed by law.

13. Forcing the employer to pay enough travel expenses for the domestic worker.

14. Forcing employers to fully pay social insurance and health insurance premiums for domestic workers.

15. Forcing employers to return employees to work.

16. Forcing the employer to take back the employee, the strike leader upon termination of the labor contract with the employee, the strike leader and to pay the employee full wages during the termination labor contract.

17. Forcing the employer to accept the employee back to work and pay full wages, social insurance, and health insurance for the days the employee is not allowed to work.

18. Forcing the employer to arrange the employee to do the right job or at the right place of work as agreed in the labor contract.

19. Forcing the employer to extend the signed labor contract to the end of the term for the employee who is a member of the leadership board of the employee representative organization at the grassroots.

20. Forcing the employer to complete the certification procedure and return other papers kept by the employee to the employee.

21. Forcing employers to introduce workers suffering from occupational accidents and diseases to undergo medical assessment, determine the degree of working capacity decline, receive treatment, and rehabilitation nursing. motion.

22. Forcing the employer to ensure that members of the leadership of the employee representative organization at the grassroots level enjoy other guarantees as prescribed by law.

23. Forcing the employer to pay full severance or job loss allowance to the employee plus interest on the unpaid amount.

24. Forcing the employer to return the tuition fee collected from the apprentice or apprentice to work for them.

25. Forcing the employer to pay the employee an amount corresponding to the salary according to the labor contract of the unannounced days.

26. Forcing the employer to pay in full an amount equivalent to the payment of compulsory social insurance, health insurance, and unemployment insurance for employees plus the interest of such amount.

27. Forcing the employer to publicly apologize to the employee and pay all treatment costs and wages to the employee during the treatment period if the infringement causes bodily harm to the employee to the point of requiring medical treatment.

28. Forcing the employer to pay the employee compensation in kind which is converted into money according to the prescribed level.

29. Forcing the employer to pay the co-payment and expenses not on the list of expenses paid by health insurance for employees suffering from occupational accidents or occupational diseases participating in the insurance medican.

30. Forcing the employer to pay all medical expenses from first aid and first aid to stable treatment for employees suffering from occupational accidents or occupational diseases who do not participate in health insurance .

31. Forcing the employer to pay the fee for assessment of working capacity decrease in cases where it is concluded that the working capacity decrease is less than 5% because the employer introduces the employee to a medical examination. working capacity reduction at the Medical Assessment Council.

32. Forcing the employer to pay the employee the amount of allowance or compensation, plus interest on that amount.

33. Forcing the outsourcing enterprise to pay the difference in salary to the employee.

34. Forcing the working environment monitoring organization to refund to the employer using the working environment monitoring service the cost of working environment monitoring plus the interest of that amount.

35. Forcible organization of training on occupational safety and sanitation; Employers self-organize training on occupational safety and health and cancel the provided training results.

36. Forcibly cancel the inspection results and refund the inspection costs plus the interest of that amount.

37. Forced cancellation of working environment monitoring results.

38. Forcing the employer to cancel the decision on handling the labor discipline, to transfer the employee or the strike leader to another job, to work elsewhere and to pay the employee in full wages during the period. employment contract termination period.

39. Forcing the employer to pay the trade union amount of late payment, insufficient or unpaid trade union fee and interest on the unpaid or late payment of the trade union fee.

40. Forcing to pay into the state budget illegal profits obtained from labor outsourcing activities.

41. Forcing employers to pay illegal profits into the state budget.

42. Forcing the employer to fully pay the compulsory social insurance and unemployment insurance premiums to the social insurance agency.

43. Forcing the employer to pay an interest equal to 02 times the average investment interest rate of the social insurance fund of the preceding year, calculated on the amount and time of late payment, failure to pay, evade payment, or appropriation. payment; if it fails to do so, at the request of a competent person, the bank, other credit institution, the State Treasury shall be responsible for deducting from the employer's deposit account to pay the unpaid, late payment amount. payment and the interest of this amount.

44. Forc to maintain jobs for the employees who have received.

45. Forcing the employer to pay the allowance for convalescence and health rehabilitation after the occupational accident or occupational disease to the employee.

46. ​​Forcing the employer to return to the employee the amount of the compulsory social insurance benefit that has been appropriated from the employee and the interest on this amount.

47. Forcing vocational education institutions to return the profit-seeking money to the social insurance agency.

48. Forcing vocational education institutions to teach for a full duration of courses in which employees participating in unemployment insurance are entitled to vocational training support.

49. Forcing vocational education institutions to conduct training, retraining and improvement of occupational skills for employees according to the plan approved by the competent authority, unless the organization has completed the organization. , training, fostering and improving vocational skills for employees.

50. Forcing the employer to pay the social insurance agency an amount of money to support the training, retraining and improvement of vocational skills that has not been used up compared to the plan approved by the competent authority. Browser.

51. Forcing the employer to accept the employee back to work and pay full wages according to the labor contract to the employee corresponding to the days off work when the employer applies disciplinary action dismissal law.

52. Forcing service enterprises; Vietnamese enterprises winning contracts or accepting contracts for works and projects abroad; Vietnamese organizations and individuals investing abroad; Vietnamese enterprises sending Vietnamese workers abroad to train and improve vocational skills and qualifications update information about workers sent by enterprises on the database system of Vietnamese workers. Nam goes to work abroad under contract.

53. Forcing the service enterprise to pay the full amount of money paid by the employee to the Overseas Employment Support Fund through the service enterprise, and the interest on this amount is calculated according to the highest interest rate on demand deposits of the service enterprise. State commercial banks announced at the time of sanctioning to the Overseas Employment Support Fund.

54. Forcing service enterprises to fully pay the payable amount and the interest of this amount shall be calculated according to the highest interest rate on demand deposits announced by state-owned commercial banks at the time of sanctioning into the Fund. overseas employment support.

55. Forcing service enterprises to compensate employees for damage caused by enterprises or branches of enterprises.

56. Forcing the service enterprise to return to the employee the amount illegally collected from the employee and the interest on this money.

57. Forcing the service enterprise to fully refund to the employee the service fee and interest as prescribed.

58. Forcing Vietnamese enterprises that win or accept contracts for works or projects abroad to send workers back home or pay expenses for workers to return home.

59. Forcing Vietnamese enterprises that win or receive contracts for works or projects abroad to pay expenses related to the organization of bringing back the remains or corpses of workers who died while working abroad.

60. Forcing Vietnamese enterprises that have won or accepted contracts for works or projects abroad to return to employees the money illegally collected by the employees and the interest on this money.

61. Forcing Vietnamese organizations and individuals investing abroad to return to employees the money illegally collected by the employees and the interest on this money.

62. Forcible return of the License, Certificate or Certificate that has been granted to the competent authority that has issued such License, Certificate or Certificate.

Article 5. The statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations in the field of labor, social insurance and Vietnamese workers working abroad under contracts shall comply with the provisions of Clause 1, Article 6 of the Law on Handling of Violations. administrative offense.

2. The determination of the administrative violation has ended, the administrative violation is in progress to calculate the statute of limitations for sanctioning administrative violations according to the provisions of Clause 1, Article 8 of Decree No. 118/2021 /ND-CP dated December 23, 12 of the Government detailing a number of articles and implementation measures of the Law on Handling of Administrative Violations.

Article 6. Fine levels, sanctioning competence and principles applicable to repeated administrative violations

1. The fine level prescribed for violations specified in Chapter II, Chapter III and Chapter IV of this Decree is the fine level imposed on individuals, except for the cases specified in Clauses 1, 2, 3, 5 The 7th rule; Clauses 3, 4, 6 Article 13; Clause 2 Article 25; Clause 1, Article 26; Clauses 1, 5, 6, 7 Article 27; Clause 8 Article 39; Clause 5 Article 41; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 Article 42; Clauses 1, 2, 3, 4, 5, 6, 7, 8 Article 43; Clauses 1, 2, 3, 4, 5, 6 Article 45; Clause 3, Article 46 of this Decree. The fine level for organizations is equal to 02 times the fine level for individuals.

2. The competence to sanction administrative violations specified in Chapter V of this Decree is the competence applicable to individuals; In the case of fines, the authority to sanction organizations is 02 times higher than the competence to sanction individuals.

3. Organizations subject to a fine of 02 times the fine level imposed on individuals in this Decree include:

a) State agencies commit violations, except for cases under assigned state management tasks;

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

c) Cooperatives, unions of cooperatives;

d) Non-business units;

dd) Political organizations, socio-political organizations, socio-political professional organizations, social organizations, socio-professional organizations, economic organizations, people's armed forces units;

e) The permanent office of a foreign press agency, a representative office of a foreign publishing house or an organization that publishes foreign publications in Vietnam;

g) Representative agencies of international organizations, international intergovernmental organizations, except for cases exempted from sanctioning for administrative violations under international treaties to which Vietnam is a signatory;

h) Non-governmental organizations;

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

k) Educational institutions, vocational education institutions, medical establishments, cultural and social establishments.

4. In case an individual or organization commits administrative violations many times, it is considered an aggravating circumstance to serve as a basis for considering and sanctioning administrative violations.

Chapter II

VIOLATIONS, PENALTIES AND RESULTS FOR VIOLATIONS IN LABOR REGION #

Article 7. Violations against regulations on employment services

1. A fine of between VND 500.000 and 1.000.000 shall be imposed on an employment service enterprise that commits one of the following acts:

a) Notify employment service activities not as prescribed by law;

b) Failing to publicly post a certified copy of the original license or decision to revoke the license at the enterprise's head office;

c) Failing to monitor the employment status of employees introduced or supplied by the enterprise for at least 03 months or during the performance of the labor contract in the case of a labor contract of less than 03 months.

2. A fine of between VND 1.000.000 and 3.000.000 shall be imposed on an employment service enterprise that commits one of the following acts:

a) Failing to report on employment service activities as prescribed;

b) Failure to establish or update or manage the data of employees registered for job counseling and introduction and employers registering for labor recruitment; do not connect or share when required by a competent state agency;

c) Failing to establish or publicly post the prices of employment services for employees at the enterprise's headquarters as prescribed by law.

3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on an employment service organization that commits acts of giving false or misleading information about the employment position.

4. A fine ranging from VND 45.000.000 to VND 60.000.000 shall be imposed for conducting employment service activities that are not legally established employment service centers or without an employment service operation license. issued by a competent authority or using an expired employment service license.

5. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed on an employment service enterprise that commits one of the following acts:

a) Allow other enterprises, organizations and individuals to use the license;

b) Correcting or falsifying documents and documents in the application file for issuance, extension or re-grant of a license to provide employment services but not to the extent of criminal prosecution;

c) Correcting or falsifying the contents of the License to provide employment services that have been issued but not yet to the point of criminal prosecution;

d) Forging documents and documents in the application file for grant, extension or re-grant of employment service operation license but not to the extent of criminal prosecution;

dd) Forging the license to provide employment services but not to the extent of criminal prosecution;

e) Failing to meet one of the licensing conditions as prescribed by law.

6. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for forging employment service operation licenses but not up to the level of criminal prosecution.

7. Additional sanction

Confiscate exhibits and means of administrative violations that are forged employment service licenses, for the violations specified at Point dd, Clause 5, and Clause 6 of this Article.

8. Remedial measures

a) Forcibly return to individuals or organizations using employment services the money collected from individuals or organizations using employment services and the interest of this amount calculated at the interest rate of demand deposits; the highest limit announced by the state commercial banks at the time of sanctioning for violations specified in Clause 4 of this Article;

b) Forcing the return of the employment service enterprise's license to the competent agency that has granted it, for the violations specified at Point c, Clause 5 of this Article.

Article 8. Violations on recruitment and labor management

1. A fine of between VND 1.000.000 and 3.000.000 shall be imposed on the employer when committing one of the following acts:

a) Failure to declare the use of labor as prescribed;

b) Collecting money from employees participating in labor recruitment;

c) Failing to display or enter all information about the employee in the labor management book from the date the employee starts working;

d) Failing to present the labor management book at the request of the competent state management agency.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on the employer who commits one of the following acts:

a) Discrimination at work, except for the discriminatory acts specified at Point d, Clause 1, Article 13, Clause 2, Article 23, Clause 1, Article 36 and Clause 2, Article 37 of this Decree;

b) Employing untrained laborers or having no national vocational skill certificates for occupations and jobs requiring trained workers or having national certificates of vocational skills;

c) Failure to report changes in labor according to regulations;

d) Failing to make a labor management book or failing to make a labor management book on time or failing to ensure the basic contents as prescribed by law.

3. A fine of between VND 50.000.000 and 75.000.000 shall be imposed for one of the following acts: enticing; entice; promise; false advertising or other tricks to deceive employees or recruit employees for the purpose of exploiting or forcing labor but not to the extent of criminal prosecution.

4. Remedial measures

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

Article 9. Violations against regulations on entering into labor contracts

1. A fine shall be imposed on the employer when having one of the following acts: entering into an unwritten labor contract with the employee doing the job with a term of full 01 month or more; enter into a non-written labor contract with a person authorized to enter into a contract for a group of employees aged full 18 years or older who do seasonal work or certain jobs with a term of less than 12 months specified in Clause 2 of this Article. Clause 18, Article XNUMX of the Labor Code; entering into incorrect types of labor contracts with employees; entering into an incomplete labor contract with the main contents of the labor contract as prescribed by law at one of the following levels:

a) A fine ranging from VND 2.000.000 to VND 5.000.000 for violations from 01 to 10 employees;

b) A fine ranging from VND 5.000.000 to VND 10.000.000 for violations of between 11 and 50 employees;

c) A fine ranging from VND 10.000.000 to VND 15.000.000 for violations of between 51 and 100 employees;

d) A fine ranging from VND 15.000.000 to VND 20.000.000 for violations of between 101 and 300 employees;

dd) A fine ranging from VND 20.000.000 to VND 25.000.000 for violations of 301 employees or more.

2. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed on the employer who commits one of the following acts:

a) Keep the originals of identity papers, diplomas or certificates of employees when entering into or performing labor contracts;

b) Forcing employees to apply security measures in money or other property for the performance of the labor contract;

c) Enter into labor contracts with employees from full 15 years old to under 18 years old without the written consent of such 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 the employee to do the job with a term of full 01 month or more. up to the provisions of Clause 1 of this Article;

b) Forcing the employer to enter into a written labor contract with an authorized person to enter into a labor contract for a group of employees who do seasonal jobs 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 the person authorized to enter into a labor contract for a group of employees aged full 18 years or older who do seasonal work or certain jobs with a fixed term. less than 12 months specified in Clause 2, Article 18 of the Labor Code as prescribed in Clause 1 of this Article;

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

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

d) Forcing the employer to return the employee's kept money or property plus interest on the employee's kept amount calculated at the highest interest rate on demand deposits of banks. State-owned commercial goods announced at the time of sanctioning, for violations specified at Point b, Clause 2 of this Article.

Article 10. Violations against regulations on probation

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed on the employer who commits one of the following acts:

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

b) Failing to notify employees of probation results as prescribed.

2. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed on the employer who commits one of the following acts:

a) Require the employee to try the job more than once for a job;

b) Probationary work beyond the prescribed time;

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

d) Failing to enter into a labor contract with the employee when the probationary period is satisfactory, if both parties have entered into a probationary contract.

3. Remedial measures

a) Forcing the employer to fully pay the salary for that job to the employee when committing violations specified at Point a, Clause 1, Points a, b, c, Clause 2 of this Article;

b) Forcing the employer to enter into a labor contract with the employee when committing violations specified at Point d, Clause 2 of this Article.

Article 11. Violations against regulations on performance of labor contracts

1. A fine of between VND 1.000.000 and 3.000.000 shall be imposed on the employer that temporarily transfers the employee to a job other than the labor contract but fails to notify the employee 03 days in advance. work or fail to notify or notify unclearly the temporary working term or arrange jobs that are not suitable for the employee's health and gender.

2. A fine ranging from VND 3.000.000 to VND 7.000.000 shall be imposed on the employer who commits one of the following acts:

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

b) Not accepting employees back to work after the expiration of the period of temporary suspension of the performance of the labor contract if the labor contract is still valid, unless otherwise agreed upon by the employer and the employee. or otherwise provided by law;

c) Transferring employees to work other than the labor contract for no reason; time limit or without the employee's written consent as prescribed by law.

3. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed for sexual harassment at work but not up to the level of criminal prosecution.

4. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed on the employer who commits one of the following acts:

a) Forced labor or mistreat employees but not to the extent of criminal prosecution;

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

5. Remedial measures

a) Forcing the employer to arrange employees to work at the location agreed upon in the labor contract when committing violations specified at Point a, Clause 2 of this Article;

b) Forcing the employer to take back the employee to return to work after the expiration of the period of suspension of the performance of the labor contract, unless otherwise agreed by the two parties or otherwise provided for by law, and compel the payment of wages. for employees within the days of not accepting employees back to work after the expiration of the period of suspension of the performance of the labor contract, for the violations specified at Point b, Clause 2 of this Article;

c) Forcing the employer to arrange the employee to do the job in accordance with the signed labor contract when committing violations specified at Point c, Clause 2 of this Article.

Article 12. Violations against regulations on amendment, supplementation and termination of labor contracts

1. A fine of between VND 1.000.000 and 3.000.000 shall be imposed on the employer for failing to notify the employee in writing of the termination of the labor contract when the labor contract is terminated according to the provisions of law. 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. A fine shall be imposed on the employer who commits one of the following acts: Amending the term of the contract with an appendix to the labor contract; failure to comply with regulations on the time limit for payment of employee benefits upon termination of the labor contract; failing to pay or not paying enough severance allowance to employees as prescribed by law; fails to pay or fails to pay job loss allowances to employees as prescribed by law; failing to pay or not paying enough money to employees as prescribed by law when unilaterally terminating the labor contract illegally; fail to complete the procedures for confirming the time of payment of social insurance and unemployment insurance premiums and return them together with the originals of other papers kept by the employee after the termination of the labor contract as prescribed by 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) A fine ranging from VND 1.000.000 to VND 2.000.000 for violations from 01 to 10 employees;

b) A fine ranging from VND 2.000.000 to VND 5.000.000 for violations of between 11 and 50 employees;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 for violations of between 51 and 100 employees;

d) A fine ranging from VND 10.000.000 to VND 15.000.000 for violations of between 101 and 300 employees;

dd) A fine ranging from VND 15.000.000 to VND 20.000.000 for violations of 301 employees or more.

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on the employer who commits one of the following acts:

a) Termination of employees in case of change in structure, technology or economic reasons in one of the following cases: failure to consult with the representative organization of employees in advance; for the place where there is a representative organization of employees at the establishment of which the employee is a member; failing to notify 30 days in advance to the provincial People's Committee or the employee;

b) In case of change in structure, technology or for economic reasons; when dividing, splitting, merging, merging; sale, lease, change the type of business; transfer of ownership, right to use assets of enterprises or cooperatives in which the employer commits one of the following acts: failing to make a plan on using labor; elaborating an employment plan but failing to include the main contents as prescribed by law or failing to exchange opinions with the employee representative organization at the grassroots level for the place where the representative organization is located. at the grassroots level when formulating the labor use plan;

c) Use the regulations on assessing the level of job completion, but do not consult the representative organization of employees at the establishment for the place where the representative organization of the employees is located.

4. Remedial measures

a) Forcing the employer to fully pay the severance allowance or job loss allowance to the employee plus the interest on the unpaid amount calculated at the highest demand deposit interest rate of the banks; commercial goods announced by the State at the time of sanctioning for the act of not paying or not paying enough severance allowance or job loss allowance to employees specified in Clause 2 of this Article;

b) Forcing the employer to complete the confirmation procedure and return other kept documents of the employee to the employee for the act of failing to complete the procedure for confirming the time of payment of social insurance premiums; unemployment insurance and return it together with other originals kept by the employee after the termination of the labor contract in accordance with the law specified in Clause 2 of this Article;

c) Forcing the employer to pay the employee an amount equivalent to the salary according to the labor contract of the days without prior notice before there is a violation of the notice period specified at Point a, Clause 3. This.

Article 13. Violations against regulations on labor outsourcing

1. A fine of between VND 3.000.000 and 5.000.000 shall be imposed on the outsourcer committing one of the following acts:

a) Failing to notify or instruct the outsourced employee to know one of the following contents: internal labor regulations; dangerous factors; harmful factors; measures to ensure occupational safety and health at the workplace and their other regulations;

b) Failing to organize occupational safety and health training for the outsourced employee as prescribed by law;

c) Failing to provide first aid and first aid to victims in time; failing to declare or investigate accidents when occupational accidents or technical incidents cause occupational safety and health insecurity for sub-contracted employees in accordance with law;

d) Discrimination in terms of working conditions towards the outsourced employee compared with his/her own employees.

2. A fine of between VND 40.000.000 and 50.000.000 shall be imposed on the outsourcer committing one of the following acts:

a) Using outsourced workers to do jobs that are not on the list of jobs that can be performed for outsourcing;

b) Using outsourced workers provided by enterprises that do not have a labor outsourcing license or an expired labor outsourcing license;

c) Using outsourced workers to replace employees who are in the process of exercising the right to strike and settle labor disputes;

d) Using outsourced labor to replace employees who have been laid off due to changes in structure or technology; for economic reasons or division; Cup; unify; merger;

d) Transfer the sub-contracted worker to another employer;

e) Employing the outsourced worker but without having a specific agreement on the liability for compensation for occupational accidents and occupational diseases of the outsourced worker with the outsourcing enterprise;

g) Using outsourced labor that does not fall into one of the following cases: to temporarily meet a sudden increase in demand for labor in a certain period of time; to replace employees during maternity leave, having a work accident, occupational disease or having to perform civic obligations; there is a need to employ highly qualified professional and technical workers.

3. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on a labor outsourcing enterprise that commits one of the following acts:

a) Failing to compile a dossier clearly stating the number of outsourced employees and the outsourcing party;

b) Failing to report the situation of labor subleasing as prescribed by law;

c) Failing to publicly post up the original license at the head office and a certified copy of the original license at branches and representative offices (if any) of the subleasing enterprise;

d) Failing to send an authenticated copy of the license to the Department of Labor, War Invalids and Social Affairs where the enterprise operates in case the enterprise moves to another province to operate;

dd) Failing to cooperate with the outsourcing party in investigating an occupational accident that seriously injures an outsourced employee in accordance with law;

e) Failing to notify the sub-contractor of the contents of occupational safety and hygiene assurance in the outsourcing contract;

g) Failure to appoint a person to regularly supervise, coordinate or inspect the assurance of occupational safety and health for the outsourced employee of the outsourcing party.

4. A fine shall be imposed on a labor outsourcing enterprise that commits one of the following acts: paying the outsourced worker a lower salary than the salary of a worker with the same qualifications, doing the same job or doing work of great value. equal value of the labor subcontractor; failing to properly comply with regimes for employees suffering from occupational accidents or occupational diseases as prescribed by law; fail to notify or falsely notify the employee of the contents of the labor subleasing contract according to one of the following levels:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 for violations from 01 to 10 employees;

b) A fine ranging from VND 20.000.000 to VND 40.000.000 for violations of between 11 and 50 employees;

c) A fine ranging from VND 40.000.000 to VND 60.000.000 for violations of between 51 and 100 employees;

d) A fine ranging from VND 60.000.000 to VND 80.000.000 for violations of between 101 and 300 employees;

dd) A fine ranging from VND 80.000.000 to VND 100.000.000 for violations of 301 employees or more.

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

a) Labor outsourcing activities without a license for outsourcing activities;

b) Using the expired labor outsourcing license to carry out the outsourcing activities.

6. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed on a labor outsourcing enterprise that commits one of the following acts:

a) Allow other enterprises, organizations and individuals to use the labor outsourcing license to conduct the outsourcing operation;

b) Outsourcing labor to perform jobs that are not on the list of jobs to be performed outsourced;

c) Outsourcing labor to employees for more than 12 months;

d) Correcting or falsifying documents and documents in the application file; extend; re-issuance of the license for labor outsourcing but not to the extent of criminal prosecution;

dd) Correcting or falsifying the contents of the issued labor outsourcing license but not to the extent of criminal prosecution;

e) Forging the license to operate the labor subleasing but not to the extent of criminal prosecution;

g) Forging documents and documents in the application file; extend; re-issuance of the license for labor outsourcing but not to the extent of criminal prosecution;

h) Failing to meet one of the conditions to be granted a license as prescribed by law.

7. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for forging labor outsourcing license but not up to the level of criminal prosecution.

8. Additional sanction

a) Deprive the right to use the labor outsourcing license for a term of between 06 and 12 months, for the violations specified at Point c, Clause 6 of this Article;

b) Confiscate exhibits and means of administrative violations that are forged labor subleasing operation permits, for the violations specified at Point e, Clause 6, and Clause 7 of this Article.

9. Remedial measures

a) Forcing the outsourcing enterprise to pay the difference in salary to the employee when there is an act of paying the outsourced worker less than the salary of a worker with the same qualifications, doing the same job, or work of equal value of the outsourcer specified in Clause 4 of this Article;

b) Forcing to pay into the state budget illegal profits obtained from labor outsourcing activities, for violations specified in Clause 5 of this Article;

c) Enforce the return of the labor outsourcing license to the competent state agency that has granted it when committing violations specified at Point dd, Clause 6 of this Article.

Article 14. Violations against regulations on training, retraining and improvement of vocational skills

1. A fine shall be imposed on the employer for one of the following acts: failing to provide training for the employee before transferring the employee to another job for him/her; the vocational training contract does not contain the main contents specified in Clause 2, Article 62 of the Labor Code; collect tuition fees from apprentices or apprentices to work for them; failing to sign training contracts with apprentices or apprentices to work for them in cases where the employer is not required to register for vocational education activities as prescribed in Clause 3, Article 61 of the Labor Code. ; failing to pay wages to apprentices or apprentices during their apprenticeship or apprenticeship, but directly or engaged in labor; failing to enter into a labor contract with an apprentice or apprentice upon the expiration of the apprenticeship or apprenticeship period and satisfying all the conditions prescribed by the Labor Code at one of the following levels:

a) A fine ranging from VND 500.000 to VND 2.000.000 for violations from 01 to 10 employees;

b) A fine ranging from VND 2.000.000 to VND 5.000.000 for violations of between 11 and 50 employees;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 for violations of between 51 and 100 employees;

d) A fine ranging from VND 10.000.000 to VND 15.000.000 for violations of between 101 and 300 employees;

dd) A fine ranging from VND 15.000.000 to VND 20.000.000 for violations of 301 employees or more.

2. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed on the employer who commits one of the following acts:

a) Taking advantage of the name of vocational training or apprenticeship to make profit or exploit labor power or entice or force apprentices or apprentices into illegal activities;

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

c) Recruiting trainees to work for them with a training period exceeding 03 months.

3. Remedial measures

a) Forcing the employer to return the tuition fees collected from the apprentice or trainee to work for him or her when there is an act of collecting tuition fees from the apprentice or apprentice to work for him or her specified in Clause 1 of this Article. This;

b) Forcing employers to pay salaries to apprentices or apprentices when they fail to pay wages to apprentices or apprentices during the apprenticeship or apprenticeship period, but directly or participate in the work specified in Clause 1 of this Article. in Clause XNUMX of this Article;

c) Forcing the employer to pay into the state budget illegal profits obtained for the violations specified at Point a, Clause 2 of this Article.

Article 15. Violations against regulations on dialogue at work

A fine of between VND 5.000.000 and 10.000.000 shall be imposed on the employer who commits one of the following acts:

1. Failing to develop, promulgate or amend or supplement the regulations on grassroots democracy at the workplace in accordance with law.

2. Failing to hold periodic dialogues at the workplace; do not conduct dialogue when requested; failing to coordinate in organizing employee conferences as prescribed by law.

3. Failing to publicize the main content of the dialogue or the grassroots democracy regulation at the workplace as prescribed by law.

4. Failing to arrange place, time and other necessary material conditions for holding dialogues at the workplace.

5. Failing to send or send the wrong representatives of the employer's side to participate in the dialogue at the workplace as prescribed.

6. Failing to report the implementation of the dialogue and democratic regulations at the grassroots level at the workplace to the state management agency in charge of labor when requested.

Article 16. Violations against regulations on collective bargaining and collective labor agreements

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on the employer who commits one of the following acts:

a) Failing to send the collective labor agreement to the specialized labor agency under the People's Committee of the province where the head office is located as prescribed;

b) Failing to pay fees for negotiation; signed; amend and supplement; to send; announce the collective labor agreement;

c) Providing information on time as prescribed or providing false information about: production and business activities; other contents directly related to the negotiation content as prescribed when requested by the employee's representative to conduct collective bargaining;

d) Failing to announce the signed collective bargaining agreement to employees.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on the employer who commits one of the following acts:

a) Failing to provide information on: production and business activities; other contents directly related to the negotiation content as prescribed when requested by the employee's representative to conduct collective bargaining;

b) Failing to arrange time, place or necessary conditions for holding collective bargaining meetings.

3. A fine of between VND 10.000.000 and VND 15.000.000 shall be imposed on the employer when committing one of the following acts:

a) Refuse to bargain collectively upon receiving the request of the party requesting the negotiation;

b) Implement the contents of the collective labor agreement which has been declared invalid;

c) Causing difficulties, obstructing or interfering with the process of employee representative organizations discussing and collecting opinions of employees.

Article 17. Violations against regulations on wages

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on the employer who commits one of the following acts:

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

b) Failing to develop a salary scale, wage table or labor norms; does not apply the trial labor rate before officially promulgating;

c) Failing to consult the representative organization of employees at the grassroots level for the place where the representative organization of employees is located when formulating the salary scale and salary table; labor norms; bonus regulations;

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

d) Failing to pay equal wages or discriminate against employees doing work of equal value.

2. A fine shall be imposed on the employer who commits one of the following acts: Paying wages on time as prescribed by law; fail to pay or pay insufficiently wages to employees as agreed in the labor contract; failure to pay or underpay overtime wages; not paying or not paying enough wages to work at night; failing to pay or not paying enough wages to stop working for employees as prescribed by law; restrict or interfere with employees' right to self-determination of wage expenditure; force employees to spend wages on the purchase of goods or services from the employer or other units designated by the employer; withholding wages of employees in contravention of the law; failing to pay or underpaying employees the prescribed salary when temporarily transferring the employee to another job compared with the labor contract or during the strike period; fails to pay or fails to pay the employee's salary in full during the unpaid annual leave or the full number of annual leave days when the employee resigns or loses his/her job; fail to advance or pay insufficiently wages to employees during the period of temporary suspension of work as prescribed by law; failing to pay enough wages to the employee for the period of temporary suspension from work in case the employee is not disciplined according to one of the following levels:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 for violations from 01 to 10 employees;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 for violations of between 11 and 50 employees;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 for violations of between 51 and 100 employees;

d) A fine ranging from VND 30.000.000 to VND 40.000.000 for violations of between 101 and 300 employees;

dd) A fine ranging from VND 40.000.000 to VND 50.000.000 for violations of 301 employees or more.

3. A fine shall be imposed on the employer for the act of paying the employee's salary lower than the minimum wage prescribed by the Government at the following levels:

a) A fine ranging from VND 20.000.000 to VND 30.000.000 for violations from 01 to 10 employees;

b) A fine ranging from VND 30.000.000 to VND 50.000.000 for violations of between 11 and 50 employees;

c) A fine ranging from VND 50.000.000 to VND 75.000.000 for violations of 51 or more employees.

4. Fines shall be imposed on the employer for the act of not paying or not paying enough at the same time as the salary period an amount equivalent to the employer's payment of compulsory social insurance. , health insurance, unemployment insurance for employees who are not subject to compulsory social insurance, health insurance, unemployment insurance according to the provisions of law at one of the following levels:

a) A fine ranging from VND 3.000.000 to VND 5.000.000 for violations from 01 to 10 employees;

b) A fine ranging from VND 5.000.000 to VND 8.000.000 for violations of between 11 and 50 employees;

c) A fine ranging from VND 8.000.000 to VND 12.000.000 for violations of between 51 and 100 employees;

d) A fine ranging from VND 12.000.000 to VND 15.000.000 for violations of between 101 and 300 employees;

dd) A fine ranging from VND 15.000.000 to VND 20.000.000 for violations of 301 employees or more.

5. Remedial measures

a) Forcing the employer to pay the full salary plus the interest on the late payment or underpayment to the employee calculated at the highest interest rate on demand deposits of state commercial banks announced at the time of sanctioning for violations specified in Clauses 2 and 3 of this Article;

b) Forcing the employer to pay in full an amount equivalent to the compulsory social insurance, health insurance, and unemployment insurance premium plus the interest on that amount calculated at the interest rate not on the deposit; the highest term announced by the state commercial banks at the time of sanctioning for employees for violations specified in Clause 4 of this Article.

Article 18. Violations against regulations on working hours and rest time

1. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed on the employer who commits one of the following acts:

a) Failing to guarantee the employee's personal leave or unpaid leave as prescribed by law;

b) Failing to notify in writing the Department of Labor, War Invalids and Social Affairs where the overtime work 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 ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on the employer that violates the provisions of law on weekly or annual leave or public holidays.

3. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed on the employer who commits one of the following acts:

a) Performing normal working hours beyond the working hours prescribed by law;

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

4. A fine shall be imposed on the employer when there is one of the following acts: failing to guarantee the employee a break during working hours or a shift break as prescribed by law; mobilize employees to work overtime in excess of the hours prescribed by law at one of the following levels:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 for violations from 01 to 10 employees;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 for violations of between 11 and 50 employees;

c) A fine ranging from VND 20.000.000 to VND 40.000.000 for violations of between 51 and 100 employees;

d) A fine ranging from VND 40.000.000 to VND 60.000.000 for violations of between 101 and 300 employees;

dd) A fine ranging from VND 60.000.000 to VND 75.000.000 for violations of 301 employees or more.

Article 19. Violations against regulations on labor discipline and material responsibility

1. A fine of between VND 1.000.000 and 3.000.000 shall be imposed on employers who fail to notify all employees of the labor regulations or do not post up the main contents of the labor regulations in other places. needed in the workplace.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on the employer who commits one of the following acts:

a) Failing to have written labor rules when employing 10 or more employees;

b) Failure to register the internal labor regulations as prescribed by law;

c) Failing to consult the representative organization of employees at the grassroots level for the place where the representative organization of employees is located before promulgating or amending or supplementing the internal labor regulations;

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

d) Discipline workers, compensate for damage in the wrong order; procedure; statute of limitations as prescribed by law;

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

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

3. A fine of between VND 20.000.000 and 40.000.000 shall be imposed on the employer when committing one of the following acts:

a) Infringing upon the health, honor, life, reputation or dignity of employees when handling labor discipline but not to the extent of criminal prosecution;

b) Using the form of fine or salary cut instead of handling labor discipline;

c) Take disciplinary action against employees who commit violations that are not specified in the internal labor regulations or are not agreed upon in the signed labor contracts or are not provided for by the labor law;

d) Applying many forms of labor discipline to a violation of labor discipline;

dd) Take disciplinary action against employees who are in the following period: sick leave; nursing leave; leave with the consent of the employer; being detained; being detained; are waiting for the results of the competent authorities to investigate, verify and draw conclusions for the violations specified in Clauses 1 and 2, Article 125 of the Labor Code.

4. Remedial measures

a) Forcing 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 work when the employer applies a disciplinary measure; the law on dismissal in violation of the provisions of Point dd Clause 2 and Point c Clause 3 of this Article;

b) Forcing the employer to pay full wages for the days of work suspension for the employee when committing the acts specified at Points e, g, Clause 2 of this Article;

c) Forcing the employer to publicly apologize to the employee and pay all treatment costs and wages to the employee during the treatment period if the infringement causes bodily harm to the employee. to the extent that they must be treated at a medical facility when violating the provisions of Point a, Clause 3 of this Article;

d) Forcing the employer to return the collected amount or pay the employee in full, for the violations specified at Point b, Clause 3 of this Article.

Article 20. Violations against regulations on reports on occupational safety and health

1. A fine of between VND 500.000 and VND 1.000.000 shall be imposed on employees who fail to promptly report to the responsible person when detecting the risk of technical incidents causing occupational safety and health insecurity. , occupational accident or occupational disease.

2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on employers who fail to report or report on time on occupational safety and health in accordance with law. .

3. A fine of between VND 5.000.000 and 10.000.000 shall be imposed on the employer who commits one of the following acts: failing to make occupational accident statistics; failure to periodically report or report incompletely or incorrectly or report on time on occupational accidents and diseases; failing to periodically report or report incompletely or incorrectly or report on time on technical incidents that cause serious occupational safety and health insecurity as prescribed by law.

Article 21. Violations against regulations on measures to ensure occupational safety and hygiene

1. A fine of between VND 500.000 and VND 1.000.000 shall be imposed on employers who fail to compile dossiers on occupational environmental sanitation for harmful factors and prevention of occupational diseases as prescribed by law. the law.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on the employer who commits one of the following acts:

a) Failing to develop, promulgate or organize the implementation of plans, rules and procedures to ensure occupational safety and health at the workplace or during construction without consulting the Executive Committee of the grassroots trade union. ;

b) Failing to arrange a division or person to do the work of occupational safety and health or to arrange a person to do the work of occupational safety and health but that person does not fully satisfy the conditions as prescribed by law; failing to arrange a medical department or person, or failing to sign a contract with a qualified medical examination and treatment establishment as prescribed, or appointing a person to perform medical work but that person does not fully meet the conditions under the provisions of this Law. provisions of law;

c) Failing to arrange sufficient first-aid and first-aid forces at the workplace as prescribed;

d) Failing to organize training for first aid and first aid forces at the workplace or organizing training but failing to comply with regulations.

3. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed on the employer who commits one of the following acts:

a) Failing to periodically inspect and maintain machines, equipment, workshops and warehouses as prescribed;

b) Failing to equip occupational safety and health equipment at the workplace as prescribed;

c) Failing to develop or issue an incident handling or emergency response plan at the workplace;

d) Failing to make plans on measures to ensure occupational safety and health for the workplace of employees when building, expanding or renovating works and facilities for production and use. , preserve and store machines, equipment, supplies and substances subject to strict requirements on occupational safety and hygiene;

dd) Failing to investigate occupational accidents under their responsibility as prescribed by law; failing to declare or making untimely or false declarations about occupational accidents; fail to declare or declare untimely or falsely declare technical incidents causing serious occupational unsafety and sanitation;

e) Failing to ensure enough suitable bathrooms and toilets at the workplace as prescribed by law;

g) Failing to equip technical and medical facilities to ensure timely first aid and first aid when a technical incident causing serious occupational unsafety and sanitation occurs or causing an occupational accident.

4. Fines shall be imposed on employers who fail to implement or fail to fully implement the labor protection and health care regimes for employees doing heavy and hazardous occupations or jobs. , dangerous and particularly arduous, hazardous or dangerous occupations and jobs as prescribed by law at one of the following levels:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 for violations from 01 to 10 employees;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 for violations of between 11 and 50 employees;

c) A fine ranging from VND 20.000.000 to VND 40.000.000 for violations of between 51 and 100 employees;

d) A fine ranging from VND 40.000.000 to VND 60.000.000 for violations of between 101 and 300 employees;

dd) A fine ranging from VND 60.000.000 to VND 75.000.000 for violations of 301 employees or more.

5. A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed on employers who fail to assess and classify workers according to working conditions for heavy and hazardous occupations and jobs. , dangerous and especially arduous, toxic and dangerous to implement the regimes for employees specified in Clause 3, Article 22 of the Law on Occupational Safety and Health.

Article 22. Violations against regulations on prevention of occupational accidents and diseases

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

a) Failure to use provided personal protective equipment;

b) Failing to participate in first aid and remedying occupational accidents and problems when ordered by the employer or a competent state agency.

2. A fine of between VND 1.000.000 and 3.000.000 shall be imposed on each employee, but not exceeding VND 75.000.000 for the employer who fails to organize periodical health check-ups or examination and detection of occupational diseases for employees.

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for each violation against each employee, but not exceeding VND 75.000.000 for the employer that fails to organize health check-ups for employees. before changing to doing heavy, hazardous or dangerous jobs or after suffering a labor accident or occupational disease, have recovered their health and continue to work, unless otherwise approved by the Association. Medical assessment co-examination to assess the level of working capacity decrease.

4. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed upon each employee, but not exceeding VND 75.000.000 for the employer who commits one of the following acts:

a) Failure to provide treatment, nursing or rehabilitation to employees suffering from occupational diseases or occupational accidents;

b) Failing to arrange jobs suitable to the health of employees suffering from occupational diseases or having occupational accidents according to the conclusions of the Medical Assessment Council.

5. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on the employer who commits one of the following acts:

a) Failing to inform employees about one of the following: the situation of occupational accidents and occupational diseases; dangerous and harmful factors; measures to ensure occupational safety and hygiene at the workplace;

b) Failing to organize the identification and assessment of dangerous and harmful factors at the workplace;

c) There are no warning signs, instruction boards in Vietnamese and the common language of workers on occupational safety and health for machines, equipment, supplies and substances with strict requirements on safety. , occupational hygiene at the workplace, where it is stored, preserved, used and placed in an easy-to-read and conspicuous position.

6. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed on employers who fail to develop plans and implement, synthesize and assess occupational safety and health risks for employees. with production and business establishments at high risk of occupational accidents and diseases.

7. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed on the employer who commits one of the following acts:

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

b) Failing to apply decontamination and sterilization measures for employees working in places with toxic and infectious factors;

c) Failing to organize incident handling and emergency response when detecting risks or occurrence of occupational accidents or technical incidents causing occupational safety and sanitation at the workplace beyond their capacity. employer control.

8. A fine shall be imposed on the employer who commits one of the following acts: Failing to provide or provide inadequate personal protective equipment or having a page provided but not meeting the prescribed quality; failing to provide support in kind or in kind less than the prescribed level; pay instead of compensation in kind to employees working in conditions with dangerous elements or harmful factors according to one of the following levels:

a) A fine ranging from VND 3.000.000 to VND 6.000.000 for violations from 01 to 10 employees;

b) A fine ranging from VND 6.000.000 to VND 10.000.000 for violations of between 11 and 50 employees;

c) A fine ranging from VND 10.000.000 to VND 15.000.000 for violations of between 51 and 100 employees;

d) A fine ranging from VND 15.000.000 to VND 20.000.000 for violations of between 101 and 300 employees;

dd) A fine ranging from VND 20.000.000 to VND 30.000.000 for violations involving 301 employees or more.

9. A fine ranging from VND 25.000.000 to VND 40.000.000 shall be imposed on employers that violate the national technical regulations on occupational safety and hygiene (except for violations specified in Clauses 8 and 24 of this Article). XNUMX this Article, Article XNUMX of this Decree).

10. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on the employer who commits one of the following acts:

a) Forcing employees to work when there is a risk of an occupational accident that seriously threatens their health and life, contrary to the provisions of law;

b) Forcing employees not to leave the workplace when there is a risk of an occupational accident that seriously threatens their health and life, contrary to the provisions of law;

c) Forcing employees to continue working when the risks of occupational accidents seriously threatening their health and life have not been overcome in accordance with the provisions of law.

11. Remedial measures

Forcing the employer to pay the employee compensation in kind, which is converted into money according to the prescribed level, for acts of failing to implement the in-kind allowance or in-kind allowance lower than the prescribed level. regulations for employees working in conditions with dangerous and toxic elements specified in Clause 8 of this Article.

Article 23. Violations against regulations on employers' responsibilities for occupational accidents and diseases

1. A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed upon each employee, but not exceeding VND 75.000.000 for the employer who commits one of the following acts:

a) Failing to provide first aid or first aid to employees suffering from occupational accidents in a timely manner;

b) Failing to pay the part of co-pay costs or expenses not on the list of expenses paid by health insurance for employees suffering from occupational accidents or occupational diseases participating in health insurance;

c) Failing to advance first-aid and first-aid costs or failing to pay all medical expenses from the time of first aid or emergency to stable treatment for employees suffering from occupational accidents or diseases. businesses do not participate in health insurance;

d) Failing to introduce employees suffering from occupational accidents or diseases to undergo medical assessment, determine the degree of working capacity decline, receive treatment, nursing and occupational rehabilitation according to regulations of law. law;

dd) Failing to pay the fee for examination and assessment of working capacity decrease under the responsibility of the employer as prescribed by law;

e) Failure to perform or insufficiently or improperly performing the compensation or allowance regime for employees suffering from occupational accidents or diseases as prescribed by law.

2. Fines shall be imposed on the employer for one of the following acts: discriminating on the grounds that the employee refuses to do the job or leaves the workplace when it is clear that there is a risk of an accident. work that seriously threatens one's life or health; Discrimination on the basis of having performed the work or task to ensure occupational safety and health at the establishment of the employee in charge of occupational safety and health, safety and hygiene, of the student, and the employee. health service at one of the following levels:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 for violations from 01 to 10 employees;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 for violations of between 11 and 50 employees;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 for violations of between 51 and 100 employees;

d) A fine ranging from VND 30.000.000 to VND 40.000.000 for violations of between 101 and 300 employees;

dd) A fine ranging from VND 40.000.000 to VND 50.000.000 for violations of 301 employees or more.

3. Remedial measures

a) Forcing the employer to pay the part of co-pay costs and expenses not on the list paid by health insurance for employees suffering from occupational accidents or occupational diseases participating in the insurance; healthcare, for the violations specified at Point b, Clause 1 of this Article;

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

c) Forcing the employer to introduce the employee suffering a labor accident or occupational disease to undergo a medical assessment, determine the degree of working capacity decline, receive treatment, take care of TB rehabilitation. act in accordance with law when committing violations specified at Point d, Clause 1 of this Article;

d) Forcing the employer to pay the fee for assessment of working capacity decrease in cases where it is concluded that the decrease in working capacity is less than 5% because the employer introduces the employee for medical examination and assessment. the limit of working capacity decrease at the Medical Assessment Council, for the violations specified at Point dd, Clause 1 of this Article;

d) Forcing the employer to pay the employee the allowance or compensation amount plus the interest of that amount calculated at the highest interest rate on demand deposits of state-owned commercial banks. announced at the time of sanctioning for violations specified at Point e, Clause 1 of this Article.

Article 24. Violations against regulations on the use of machines and equipment with strict requirements on occupational safety and hygiene

Fines for violations of regulations on the use of machines, equipment and supplies subject to strict requirements on occupational safety are as follows:

1. From VND 1.000.000 to VND 2.000.000 for failure to declare to the local Department of Labor, War Invalids and Social Affairs within a period of 30 days before or after the machines and equipment are put into use. equipment, materials and substances subject to strict requirements on occupational safety.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failing to keep adequate technical records of machines, equipment and supplies subject to strict requirements on occupational safety.

3. A fine from 15.000.000 VND to 20.000.000 VND for one of the following acts: violating one of the provisions of the national technical regulation on occupational safety and sanitation in the use of machines and equipment , materials with strict requirements on occupational safety; using machines, equipment and supplies with strict requirements on occupational safety that have not been certified in accordance with the respective national technical regulations; using machines, equipment and supplies with strict requirements on occupational safety and health that are not of clear origin or have expired use-by date.

4. Penalties for failure to inspect before being put into use or for periodic inspection during the use of machines, equipment and supplies subject to strict requirements on occupational safety and health act in accordance with the law as follows:

a) A fine ranging from VND 20.000.000 to VND 30.000.000 for violations from 01 to 03 machines, equipment and supplies;

b) A fine ranging from VND 30.000.000 to VND 50.000.000 for violations of between 04 and 10 machines, equipment and supplies;

c) A fine ranging from VND 50.000.000 to VND 75.000.000 for violations of between 11 and 20 machines, equipment and supplies;

d) 75.000.000 VND for violations of 21 machines, equipment, or supplies.

5. A fine from 50.000.000 VND to 75.000.000 VND for the act of continuing to use machines, equipment and supplies subject to strict requirements on occupational safety and hygiene which have been inspected but the results of the inspection have been tested. unsatisfactory.

Article 25. Violations against regulations on occupational safety and health training activities

1. A fine shall be imposed on the employer for the act of failing to organize occupational safety and health training for employees in accordance with the provisions of law or to reach an agreement with the non-training training organization. receive training results or employ employees who are not issued with a safety card in accordance with the law to do jobs with strict requirements on occupational safety and health before being arranged to do this job under one of the following regulations: the following levels:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 for violations from 01 to 10 people;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 for violations from 11 to 50 people;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 for violations from 51 to 100 people;

d) A fine ranging from VND 30.000.000 to VND 40.000.000 for violations from 101 to 300 people;

dd) A fine from 40.000.000 VND to 50.000.000 VND for violations of 301 people or more.

2. A fine shall be imposed on an occupational safety and health training organization that commits violations of regulations on occupational safety and health training activities at one of the following levels:

a) A fine from 1.000.000 VND to 3.000.000 VND for one of the following acts: failing to report on occupational safety and health training activities as prescribed by law; failing to notify the competent authority when organizing occupational safety and health training according to the framework program for occupational safety and health workers (group 2), people performing jobs with strict requirements. strict (group 3), occupational safety and health trainers in accordance with the law;

b) A fine from 10.000.000 VND to 20.000.000 VND for one of the following acts: compulsory training according to the framework program prescribed by law but not enough contents; using trainers who do not meet the standards of trainers; failing to ensure facilities for training as prescribed; no training material for the subjects;

c) A fine ranging from VND 30.000.000 to VND 50.000.000 for one of the following acts: providing training results without training; providing training results inconsistent with the training content;

d) A fine from 120.000.000 VND to 140.000.000 VND when committing one of the following acts: performing training activities during the period of suspension of occupational safety and health training activities or having their Certificates revoked. fully meet the conditions for training in occupational safety and health or the certificate of eligibility for training in occupational safety and health has expired; conducting training outside the scope specified in the Certificate of eligibility for occupational safety and sanitation training activities for the contents requiring the Certificate of eligibility for occupational safety and sanitation training. motion; failing to maintain sufficient conditions for occupational safety and health training activities as prescribed by law; correcting or falsifying the contents of the Certificate of eligibility for occupational safety and health training but not to the extent of criminal prosecution; correcting or falsifying documents and documents in the application for the Certificate of eligibility for occupational safety and health training but not to the extent of criminal prosecution; forging documents and documents in the application file for the Certificate of eligibility for occupational safety and sanitation training but not to the extent of criminal prosecution; Forging the Certificate of eligibility for occupational safety and health training but not to the extent of criminal prosecution.

3. A fine shall be imposed on the employer who conducts training on occupational safety and health by themselves but violates the regulations on training activities on occupational safety and health according to one of the following levels:

a) A fine from 1.000.000 VND to 3.000.000 VND for one of the following acts: failing to report on occupational safety and health training activities as prescribed by law; failing to notify the competent authority when organizing occupational safety and health training according to the framework program for occupational safety and health workers (group 2), people performing jobs with strict requirements. strict (group 3), occupational safety and health trainers in accordance with the law;

b) A fine from 10.000.000 VND to 20.000.000 VND for one of the following acts: compulsory training according to the framework program prescribed by law but not enough contents; using trainers who do not meet the standards of trainers; failing to ensure facilities for training as prescribed; no training material for the subjects;

c) From 15.000.000 VND to 25.000.000 VND when committing one of the following acts: providing training results without conducting training; providing training results inconsistent with the training content;

d) A fine from 60.000.000 VND to 70.000.000 VND when committing one of the following acts: performing training activities in the case where a Certificate of eligibility for occupational safety and sanitation training is required but failing to do so. has a certificate of eligibility for occupational safety and health training or is in the period of suspension of occupational safety and health training or has its certificate of eligibility for training revoked occupational safety and health training or the certificate of eligibility for occupational safety and health training has expired; conducting training outside the scope specified in the Certificate of eligibility for occupational safety and sanitation training activities for the contents requiring the Certificate of eligibility for occupational safety and sanitation training. motion; failing to maintain sufficient conditions for occupational safety and health training activities as prescribed by law; correcting or falsifying the contents of the Certificate of eligibility for occupational safety and health training but not to the extent of criminal prosecution; correcting or falsifying documents and documents in the application for the Certificate of eligibility for occupational safety and health training but not to the extent of criminal prosecution; forging documents and documents in the application file for the Certificate of eligibility for occupational safety and health training but not to the extent of criminal prosecution; forged Certificate of eligibility for training in occupational safety and health but not to the extent of criminal prosecution.

4. A fine ranging from VND 60.000.000 to VND 70.000.000 shall be imposed for one of the following acts: performing training in the case where a Certificate of eligibility for occupational safety and health training is required without fail. have a certificate of eligibility for occupational safety and health training activities; forged Certificate of eligibility for training in occupational safety and health but not to the extent of criminal prosecution.

5. Additional sanction

a) Suspend training activities on occupational safety and health from 01 month to 03 months for organizations providing training in occupational safety and hygiene when one of the following acts is committed: providing training results without conduct training; providing training results inconsistent with the training content; conducting training outside the scope specified in the Certificate of eligibility for occupational safety and sanitation training activities for the contents requiring the Certificate of eligibility for occupational safety and sanitation training. motion; failing to maintain the conditions for occupational safety and health training as prescribed by law as prescribed at Points c, d, Clause 2 of this Article;

b) Suspend the occupational safety and health training from 01 to 03 months for the employer who organizes the occupational safety and health training by himself when he commits one of the following acts: training results without performing training; providing training results inconsistent with the training content; conducting training outside the scope specified in the Certificate of eligibility for occupational safety and sanitation training activities for the contents requiring the Certificate of eligibility for occupational safety and sanitation training. motion; failing to maintain the conditions for occupational safety and health training activities as prescribed by law specified at Points c and d, Clause 3 of this Article;

c) Confiscation of material evidences and means of administrative violations being forged certificates of eligibility for occupational safety and health training activities, for acts of forging certificates of eligibility for occupational safety training activities. Occupational safety and health prescribed in Point d Clause 2, Point d Clause 3 and Clause 4 of this Article.

6. Remedial measures

a) Forcing the occupational safety and health training organization to cancel the provided training results when committing violations specified at Points b and c, Clause 2 of this Article;

b) Forcing the employer to organize the occupational safety and health training by themselves, to cancel the provided training results when committing violations specified at Points b and c, Clause 3 of this Article;

c) Enforce the return of the Certificate of eligibility for occupational safety and sanitation training to the state agency competent to issue the Certificate of eligibility for occupational safety and health training when there is a request. acts of correcting or falsifying the contents of the Certificate of eligibility for occupational safety and health training activities specified at Point d Clause 2 and Point d Clause 3 of this Article.

Article 26. Violations against regulations on technical inspection of occupational safety

1. Fines shall be imposed on organizations conducting technical inspection of occupational safety that violate regulations on technical inspection of occupational safety as follows:

a) A fine from 1.000.000 VND to 3.000.000 VND for the act of failing to report on technical inspection of occupational safety as prescribed;

b) A fine from 3.000.000 VND to 5.000.000 VND for the act of failing to notify the agency competent to issue the Certificate of eligibility for technical inspection of occupational safety when there is a change in occupational safety. address of head office, branch;

c) A fine ranging from VND 40.000.000 to VND 50.000.000 for one of the following acts: providing occupational safety technical inspection services outside the scope stated in the Certificate of eligibility for occupational safety inspection activities; all employees; failing to properly perform the inspection process; to use an auditor whose certificate of inspector is revoked or whose certificate has expired to conduct the inspection; using a person who does not have a certificate of inspector to carry out the inspection; using inspectors without signing a labor contract or a job-based contract; failing to maintain sufficient conditions for technical inspection of occupational safety as prescribed by law; does not guarantee independence and objectivity in the provision of inspection services;

d) A fine from 80.000.000 VND to 100.000.000 VND for one of the following acts: providing untruthful inspection results; provide audit results without performing audits;

dd) A fine 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 being suspended from operation. inspection activity or being revoked; correcting or falsifying the contents of the Certificate of eligibility for inspection activities that have been granted but have not yet reached the point of criminal prosecution; correcting or falsifying documents and documents in the application file for the Certificate of eligibility for inspection activities but not to the extent of criminal prosecution; forging documents and documents in the application file for the Certificate of eligibility for inspection activities but not to the extent of criminal prosecution; forged Certificate of eligibility for inspection activities but not to the extent of criminal prosecution.

2. A fine of between VND 10.000.000 and 20.000.000 shall be imposed on inspectors who commit one of the following acts:

a) Failing to strictly follow the inspection process promulgated by the competent authority;

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

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on inspectors who commit acts of inspection when: they do not have valid inspector certificates; inspection outside the scope stated in the inspector's certificate.

4. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on individuals conducting inspection activities without having an inspector's certificate.

5. A fine ranging from VND 60.000.000 to VND 70.000.000 shall be imposed for one of the following acts: performing inspection activities without the Certificate of eligibility for inspection activities; forging the Certificate of eligibility for inspection activities but not to the extent of criminal prosecution; Forging the Certificate of Inspector but not to the extent of criminal prosecution.

6. A fine ranging from VND 60.000.000 to VND 70.000.000 shall be imposed on inspectors that correct or falsify the contents of the issued Inspector Certificate but not to the extent of criminal prosecution; forged Certificate of eligibility for inspection activities but not to the extent of criminal prosecution.

7. Additional sanction

a) Suspend technical inspection of occupational safety from 01 to 03 months for organizations conducting technical inspection of occupational safety that commit violations specified at Point d, Clause 1 of this Article;

b) Confiscation of material evidences and means of administrative violations that are certificates of eligibility for forged inspection activities, for acts of forging certificates of eligibility for inspection activities specified at Point dd, Clause 1, Clause 5 of this Article;

c) Confiscate exhibits and means of administrative violations that are forged inspector certificates, for acts of forging inspector certificates specified in Clause 5 of this Article.

8. Remedial measures

a) Forcible cancellation of inspection results and refund of inspection costs plus the interest of such amount calculated at the highest interest rate on demand deposits of state-owned commercial banks announced at the time of trial; fines for violations specified at Points c, d and dd, Clause 1 of this Article, except for the act of editing the contents of the Certificate of eligibility for inspection activities that have been issued but not yet to the extent of being prosecuted for liability. Criminal;

b) Forcing the return of the Certificate of eligibility for inspection activities to the agency competent to issue such Certificate when there is an act of correcting or falsifying the contents of the Certificate of eligibility for inspection activities as prescribed. at point dd, clause 1 of this article;

c) Forcing the re-submission of the inspector's certificate to the agency competent to issue such certificate when there is an act of correcting or falsifying the contents of the inspector's certificate specified in Clause 6 of this Article.

Article 27. Violations against regulations on working environment observation

1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed on an organization engaged in working environment monitoring that commits one of the following acts: failing to report annual performance results to the management agency. competent state according to regulations; failing to notify the competent state management agency when there is a change in the address of the head office or branch; did not participate in the training course to update knowledge on legal policies, science and technology on working environment monitoring as prescribed.

2. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed on the employer for failing to publicly announce it to the employees at the place where the working environment is monitored and where it is inspected, assessed and managed. Hazardous factors are known right after the results of working environment monitoring and the results of inspection, assessment and management of hazardous factors are available at the workplace.

3. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed on employers who fail to observe the working environment to control harmful effects on workers' health as prescribed by law. the law.

4. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed on the employer that commits acts of coordinating with the working environment monitoring organization to commit fraud in the working environment monitoring activity but fails to do so. to the point of criminal prosecution.

5. A fine ranging from VND 80.000.000 to VND 120.000.000 shall be imposed on an organization conducting environmental monitoring activities that commits one of the following acts: cooperates with the employer to commit fraud in environmental monitoring activities. labor market but not to the extent of criminal prosecution; conducting monitoring of the working environment not according to the principles and procedures prescribed by law.

6. A fine ranging from VND 120.000.000 to VND 140.000.000 shall be imposed on organizations conducting environmental monitoring activities that provide environmental monitoring results without carrying out environmental monitoring according to regulations or perform environmental monitoring activities. currently monitoring the working environment during the period of suspension of working environment monitoring activities.

7. A fine ranging from VND 120.000.000 to VND 150.000.000 shall be imposed on enterprises or organizations providing working environment monitoring services when committing one of the following acts:

a) Providing working environment monitoring services but having not yet announced the eligibility for working environment monitoring activities as prescribed by law;

b) Employing human resources for monitoring the working environment that do not meet the standards prescribed by law;

c) Failing to maintain the announced working environment monitoring conditions throughout the operation process.

8. Additional sanction

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

9. Remedial measures

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

b) Forcing the working environment monitoring organization to refund to the employer using the working environment monitoring service the cost of working environment monitoring plus the interest of that amount calculated according to the labor environment monitoring service. the highest interest rate on demand deposits of state-owned commercial banks announced at the time of sanctioning for the violations specified in Clauses 5, 6, and 7 of this Article, except for acts of coordination with the employer cheats in the working environment monitoring activities but not to the extent of criminal prosecution specified in Clause 5 of this Article.

Article 28. Violations against regulations on female employees and ensuring gender equality

1. A fine of between VND 5.000.000 and 10.000.000 shall be imposed on the employer when committing one of the following acts:

a) Failing to ensure the implementation of gender equality and measures to promote gender equality in one of the following cases: recruitment; arrange; employment arrangements; educate; working hours; relax time; salary; other modes;

b) Failing to consult female workers or their representatives when deciding on issues related to female workers' rights and interests.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on the employer who commits one of the following acts:

a) Employing employees who are pregnant from the 07th month or from the 06th month if working in highland, remote areas, border areas or islands, to work overtime or work at night or go on a business trip;

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

c) Failing to change jobs or reduce working hours for female employees doing heavy, hazardous, dangerous or especially heavy, hazardous or dangerous occupations or jobs or jobs that affect them. adversely affect the reproductive function and child rearing during pregnancy that the employee has informed the employer in accordance with the provisions of Clause 2, Article 137 of the Labor Code, unless otherwise agreed upon by the two parties. ;

d) Not allowing female employees to take a break of 30 minutes every day during menstruation, unless otherwise agreed by both parties;

dd) Do not allow female employees during the period of raising children under 12 months of age to rest 60 minutes per day, unless otherwise agreed by both parties;

e) Failing to guarantee jobs for employees as prescribed in Article 140 of the Labor Code;

g) Failing to give priority to entering into a new labor contract in case the labor contract expires while the female employee is pregnant or raising a child under 12 months old;

h) Take disciplinary action against female employees who are pregnant or on maternity leave in accordance with the law on social insurance; handle labor discipline for employees who are raising children under 12 months old;

i) Fire or unilaterally terminate the labor contract with the employee for reasons of marriage, pregnancy, maternity leave or raising a child under 12 months old, unless the individual employer dies. , has been declared by a court to have lost its civil act capacity, is missing or has died, or has been terminated by a non-individual employer, or has been terminated by a specialized business registration agency under the People's Committee. the provincial level issues a notice that there is no legal representative, the person authorized to perform the rights and obligations of the legal representative but not to the extent of criminal prosecution;

k) Failing to provide sufficient information about the dangerous nature, risks and requirements of the job for employees to choose, and failing to ensure occupational safety and health conditions for employees as prescribed when using them to do jobs on the list of occupations and jobs that have adverse effects on reproductive function and child rearing;

l) Failing to install a room to express or store breast milk at the workplace when employing 1.000 or more female employees.

3. Remedial measures

a) Forcing the employer to pay a salary to the female employee in proportion to the time when the female employee is not allowed to take a break during her menstrual period as prescribed by law when committing any of the violations specified at Point d. Clause 2 of this Article;

b) Forcing the employer to pay a salary to the female employee corresponding to the period of time when the female employee is not allowed to take leave during the period of raising a child under 12 months of age as prescribed by law, for violations of this Law. specified at Point dd, Clause 2 of this Article;

c) Forcing the employer to accept the employee back to work when committing any of the violations specified at Point i, Clause 2 of this Article.

Article 29. Violations against regulations on juvenile labor

1. A fine of between VND 1.000.000 and 2.000.000 shall be imposed on employers who fail to keep a separate monitoring book or have a separate monitoring book but fail to fully record the contents as prescribed in Clause 3 Article 144 of the Labor Code when employing underage workers or failing to present a monitoring book at the request of a competent state agency.

2. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed on the employer who commits one of the following acts:

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

b) Employing a person under the age of 15 to work that: enter into an unwritten labor contract with a person under 15 years of age and his/her legal representative; arrange working hours that affect the study time of people under 15 years old; failing to have a health certificate from a competent medical examination and treatment establishment certifying that the health of the under-15-year-old is suitable for the job; failing to organize periodical health checks at least once in 01 months or failing to ensure working conditions, occupational safety and hygiene suitable to age;

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

d) Employing people under the age of 15 to work overtime or work at night;

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

3. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed on the employer who commits one of the following acts:

a) Employing people from 13 years old to under 15 years old to do jobs outside the list permitted by law as prescribed in Clause 3, Article 143 of the Labor Code;

b) Employing a person under the age of 13 to do work outside the list permitted by law as prescribed in Clause 3, Article 145 of the Labor Code, or employing a person under the age of 13 to do work permitted by law without have not yet obtained the consent of the specialized labor agency under the People's Committee of the province;

c) Employing employees from full 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. the.

Article 30. Violations against regulations on labor as domestic helpers

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

a) Failing to enter into written labor contracts with domestic workers;

b) Failing to pay transportation fees when the domestic worker resigns and returns to his/her place of residence, unless the domestic worker terminates the labor contract ahead of time.

2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on the employer who commits one of the following acts:

a) Failing to notify the People's Committee of the commune, ward or township of the use of labor or termination of the employment of domestic workers as prescribed;

b) Has been sanctioned with warning for the violations specified in Clause 1 of this Article but continues to commit the violations.

3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on the employer who commits one of the following acts:

a) Keep identity papers of employees who are domestic workers;

b) Failing to pay social insurance and health insurance to employees being domestic workers as prescribed by law so that employees can actively participate in social insurance and health insurance.

4. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed on employers who mistreat, sexually harass, force labor, or use force against employees who are domestic helpers. family 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 of Point a, Clause 1 of this Article;

b) Forcing the employer to pay enough travel expenses for the domestic worker, for the violations specified at Point b, Clause 1 of this Article;

c) Forcing the employer to return identity papers to the employee being a domestic worker, for the violations specified at Point a, Clause 3 of this Article;

d) Forcing employers to fully pay social insurance and health insurance premiums for domestic workers when committing violations specified at Point b, Clause 3 of this Article.

Article 31. Violations against regulations on elderly workers and people with disabilities

1. A fine of between VND 5.000.000 and 10.000.000 shall be imposed upon each employee against the employer committing one of the following acts:

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

b) Employing an employee who is a mildly disabled person with a working capacity decrease of 51% or more or with a severe or particularly severe disability to work overtime or work at night, unless the employee is a People with disabilities agree.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on employers that employ elderly employees to do heavy, hazardous, dangerous or particularly heavy occupations or jobs. harmful, dangerous effects that adversely affect the health of elderly employees, except in the case of ensuring safe working conditions.

Article 32. Violations against regulations on foreigners working in Vietnam

1. A fine of between VND 1.000.000 and 3.000.000 shall be imposed on the employer when committing one of the following acts:

a) Fail to report or report incorrectly or report on time on the situation of using foreign workers as prescribed;

b) Failing to send the original labor contract or a certified true copy signed after the foreign worker is granted a work permit or has a work permit extension to the competent agency that has issued the work permit. work permit or extend the work permit at the request of the competent authority that has issued the work permit in the case of foreign workers working under a labor contract.

2. A fine of between VND 5.000.000 and 10.000.000 shall be imposed on each employee, but not exceeding VND 75.000.000 for the employer who commits acts of using foreign workers not in accordance with the law. the content stated on the work permit or written confirmation that the work permit is not eligible, unless otherwise provided for by law.

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

a) Working without a work permit or without a written confirmation of not being eligible for a work permit as prescribed by law;

b) Using an expired work permit or written confirmation that the work permit is not eligible.

4. Fines shall be imposed on employers who employ foreign workers to work in Vietnam without a work permit or without a certificate confirming that they are not eligible for a work permit or employing foreign workers. foreign workers whose work permit has expired or written confirmation of not being eligible for an expired work permit at one of the following levels:

a) A fine ranging from VND 30.000.000 to VND 45.000.000 for violations from 01 to 10 people;

b) A fine ranging from VND 45.000.000 to VND 60.000.000 for violations from 11 to 20 people;

c) A fine ranging from VND 60.000.000 to VND 75.000.000 for violations of 21 or more people.

5. Additional sanction

Expulsion of foreign workers working in Vietnam when violating the provisions of Clause 3 of this Article.

Article 33. Violations by foreign organizations and individuals in Vietnam when recruiting and employing Vietnamese employees to work for foreign organizations and individuals in Vietnam

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for employing Vietnamese employees but failing to report or reporting incorrect contents or reporting on time to competent recruiting organizations. recruitment and management of Vietnamese workers on recruitment and employment of Vietnamese workers in accordance with the law.

2. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for failing to notify in writing with a certified true copy of the labor contract signed with the Vietnamese employee and other documents as prescribed. provisions of law for organizations competent to recruit and manage Vietnamese employees from the date of signing a labor contract with Vietnamese employees in accordance with law.

Article 34. Violations against regulations on labor dispute settlement

1. A warning will be imposed on employees who participate in the strike after a decision to postpone or stop the strike is issued by the President of the provincial People's Committee.

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

a) Obstructing the exercise of the right to strike, inciting, enticing or forcing employees to go on strike;

b) Obstructing employees who do not participate in the strike from going to work;

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

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on the employer who commits one of the following acts:

a) Terminate the labor contract or handle labor discipline against the employee, the strike leader or dispatch the employee or the strike leader to another job or work elsewhere because reasons for preparing to strike or participating in a strike;

b) Punishment or retaliation against workers participating in the strike or the leader of the strike;

c) Temporarily closing the workplace in the case specified in Article 206 of the Labor Code;

d) Causing difficulties, obstructing or interfering with the process of organizing the representative of employees at the establishment to collect opinions on the strike.

4. Remedial measures

a) Forcing the employer to take back the employee, the strike leader when terminating the labor contract with the employee, the strike leader or canceling the decision on handling the labor discipline, dispatching the employee; employees, the strike leader moves to another job, works elsewhere for the reason of preparing to strike or participates in the strike and pays full wages to the employee during the termination of the labor contract for the employee. with the violations specified at Point a, Clause 3 of this Article;

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

Article 35. Violations against regulations on ensuring the exercise of rights of employee representative organizations at grassroots

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on the employer who commits one of the following acts:

a) Failing to arrange time for members of the leadership board of the employee representative organization at the grassroots level to perform the tasks of the representative organization as prescribed in Clause 2, Article 176 of the Labor Code, but still be entitled to work. the employer pays wages;

b) Preventing upper-level trade union officials from entering the organization or enterprise to propagate, mobilize and guide employees to establish, join or operate a trade union;

c) Obstructing or causing difficulties when employees conduct lawful activities in order to establish, join and participate in activities of employee representative organizations at grassroots level;

d) Do not allow members of the leadership of the employer's representative organization at the establishment to approach employees at the workplace during the performance of the tasks of the employer representative organization at the establishment without affect the normal operation of the employer.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on the employer who commits one of the following acts:

a) Failing to reach an agreement in writing with the leadership of the employee representative organization at the grassroots level when unilaterally terminating the labor contract, transferring to another job or disciplining the employee who is a member of the organization; a member of the leadership of an organization representing workers at the grassroots level but not to the extent of criminal prosecution, unless the two parties cannot reach an agreement;

b) Decide to unilaterally terminate the labor contract, transfer to another job or discipline to dismiss the employee who is a member of the management board of the employee representative organization at the establishment who violates the time limit. notify the specialized labor agency of the provincial People's Committee in advance according to the provisions of Clause 3, Article 177 of the Labor Code in case no agreement can be reached with the leadership of the representative organization of employees. at work;

c) Failing to extend the signed labor contract to the end of the term for the employee who is a member of the leadership board of the employee's representative organization at the grassroots during the term when the labor contract expires.

3. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for taking advantage of the establishment, joining or operation of an employee representative organization at the grassroots level to violate the law or infringe on interests. of the State, the lawful rights and interests of agencies, organizations, enterprises and individuals.

4. Remedial measures

Forcing the employer to extend the signed labor contract to the end of the term for the employee who is a member of the leadership board of the employee representative organization at the grassroots level who is in the term of which the labor contract expires. action for violations specified at Point c, Clause 2 of this Article.

Article 36. Violations against regulations on discrimination for reasons of establishment, accession and operation of employee representative organizations at grassroots level

1. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed on employers who discriminate against employees or members of the leadership of the employee representative organization at the grassroots level. for the reason of establishing, joining or operating an employee representative organization, including one of the following acts:

a) Discrimination on wages, working hours, other rights and obligations in the employment relationship;

b) Request to join, not join or leave the employee representative organization at the grassroots in order to recruit, enter into or renew the labor contract;

c) Discipline the labor, unilaterally terminate the labor contract, not continue to enter into the labor contract, do not renew the labor contract or transfer the employee to another job;

d) Obstructing or causing difficulties related to work in order to weaken the operation of the employee representative organization at the grassroots level.

2. Remedial measures

Forcing the employer to accept the employee back to work and pay full wages, social insurance, and health insurance for the days the employee is not allowed to work for violations specified at point c Clause 1 of this Article.

Article 37. Violations against regulations on the use of economic measures or other measures that are detrimental to the organization and operation of the employee representative organization at the grassroots level

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on the employer who commits one of the following acts:

a) Failing to pay salaries to members of the leadership board of the grassroots worker representative organization during the working period as prescribed by law to perform the work of the grassroots representative organization;

b) Not allowing members of the leadership of the employee representative organization at the grassroots level to enjoy other guarantees in the employment relationship or in the performance of the representative function as prescribed by law.

2. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed on employers that interfere with or manipulate the process of establishment, election, formulating work plans or organizing the implementation of activities. activities of the organization, including financial support or other economic measures aimed at nullifying or impairing the performance of the representative function of the representative organization of workers. on-site activities or discrimination between organizations representing workers on-site.

3. Remedial measures

a) Forcing the employer to pay salaries to members of the leadership of the employee representative organization at the grassroots level during the working period in accordance with the law to perform the work of the representative organization; take action at the establishment for the violations specified at Point a, Clause 1 of this Article;

b) Forcing the employer to ensure that members of the management board of the employee representative organization at the grassroots level are entitled to other guarantees as prescribed by law, for violations specified at Point b, Clause 1 of this Article. XNUMX This.

Article 38. Violations against regulations on payment of trade union dues

1. A fine ranging from 12% to less than 15% of the total amount of trade union dues payable at the time of making a record of administrative violations but not exceeding VND 75.000.000 for an employer with a in the following actions:

a) Late payment of trade union fees;

b) Failing to pay trade union fees at the prescribed level;

c) Paying trade union dues is not enough for the number of people subject to payment.

2. A fine ranging from 18% to 20% of the total amount of trade union dues payable at the time of making records of administrative violations but not exceeding VND 75.000.000 for employers who do not pay dues. Union fees for all employees are subject to payment.

3. Remedial measures

Within 30 days from the date of issuance of the sanctioning decision, the employer must pay to the trade union the amount of the trade union fee paid late, insufficiently or not yet paid, and the interest of the trade union fee. trade unions have not paid or paid late payment according to the highest demand deposit interest rate announced by the state commercial banks at the time of sanctioning for violations specified in Clauses 1 and 2 of this Article.

Chapter III

VIOLATIONS, PENALTY FORMS, PENALTY LEVEL AND RESULTS FOR VIOLATIONS IN THE REGION OF SOCIAL INSURANCE #

Article 39. Violations against regulations on payment of compulsory social insurance and unemployment insurance

1. A fine of between VND 500.000 and VND 1.000.000 shall be imposed on employees who reach an agreement with their employers who do not participate in compulsory social insurance, unemployment insurance, or participate in the wrong subjects or participation not in accordance with regulations.

2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on the employer who commits one of the following acts:

a) Every year, failing to publicly post information on social insurance premiums of employees provided by the social insurance agency as prescribed in Clause 7 Article 23 of the Law on Social Insurance;

b) Failing to provide or provide incomplete information on the payment of compulsory social insurance and unemployment insurance of the employees at the request of the employees or the trade union.

3. A fine of from VND 1.000.000 to VND 3.000.000 shall be imposed on each employee for violations, but not exceeding VND 75.000.000 for the employer who fails to carry out the procedures for certifying the employment. pay unemployment insurance premiums for employees so that employees can complete their application for unemployment insurance benefits as prescribed.

4. A fine of between VND 5.000.000 and 10.000.000 shall be imposed on employers for acts of failing to accurately, adequately and promptly provide information and documents related to the payment or enjoyment of social insurance premiums. Compulsory associations, unemployment insurance at the request of competent state agencies, social insurance agencies.

5. A fine ranging from 12% to 15% of the total amount of compulsory social insurance and unemployment insurance premium payment at the time of making the administrative violation record, but not exceeding VND 75.000.000 for users The employee commits one of the following acts:

a) Delayed payment of compulsory social insurance and unemployment insurance;

b) Payment of social insurance and unemployment insurance not in accordance with the prescribed level but not evasion;

c) Paying social insurance and unemployment insurance insurance premiums is not enough for the number of people participating in compulsory social insurance and unemployment insurance, but it is not an evasion of payment;

d) Misappropriating social insurance and unemployment insurance premiums of employees.

6. A fine ranging from 18% to 20% of the total amount of compulsory social insurance and unemployment insurance premium payment at the time of making the administrative violation record but not exceeding VND 75.000.000 for users employees do not pay compulsory social insurance, unemployment insurance for all employees participating in compulsory social insurance and unemployment insurance but not to the extent of criminal prosecution.

7. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed on the employer who commits one of the following acts:

a) Evade payment of compulsory social insurance and unemployment insurance but not to the extent of criminal prosecution;

b) Correcting or falsifying documents and documents in the proposal may apply a lower payment rate than the normal payment to the Insurance Fund for Occupational Accidents and Diseases but not to the extent of criminal liability. the.

8. A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed on an occupational safety and health assessment organization that provides an assessment report on occupational safety and hygiene and reduces the frequency of accidents. labor accidents are not true.

9. Additional sanction

Suspend the assessment of occupational safety and health from 01 to 03 months for the occupational safety and health assessment organization when committing violations specified in Clause 8 of this Article.

10. Remedial measures

a) Forcing the employer to fully pay the compulsory social insurance and unemployment insurance premiums to the social insurance agency, for violations specified in Clauses 5, 6, 7 of this Article;

b) Forcing the employer to pay an interest equal to 02 times the average investment interest rate of the social insurance fund of the preceding year, calculated on the amount and time of late payment, failure to pay, evade payment, or misappropriation. payment; if they fail to do so, at the request of a competent person, the bank, other credit institution, the State Treasury shall be responsible for deducting from the employer's deposit account to pay the unpaid, late payment amount. payment and the interest of this amount is calculated according to the highest demand deposit interest rate of the state-owned commercial banks announced at the time of sanctioning to the account of the social insurance agency for the following acts: violate the provisions of Clauses 5, 6, 7 of this Article for 30 days or more.

Article 40. Violations against regulations on making dossiers to enjoy social insurance and unemployment insurance benefits

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

a) Making untruthful declarations or making untruthful corrections or erasures of contents related to payment and enjoyment of social insurance and unemployment insurance but not to the extent of criminal prosecution;

b) Failing to notify the Employment Service Center as prescribed when the employee has a job within 15 working days from the date of submitting the application file for unemployment benefits;

c) The person receiving unemployment benefits fails to notify the Employment Service Center as prescribed in one of the following cases: having a job; perform military service, police duty; receive a monthly pension; study for a term of full 12 months or more.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on employers that commit acts of falsifying or falsifying the contents of dossiers of enjoyment of social insurance and unemployment insurance benefits in order to take advantage of the insurance benefits. Social insurance, unemployment insurance but not to the extent of criminal prosecution for each application for social insurance and unemployment insurance benefits forged or falsified content, but not exceeding 75.000.000 VND .

3. Remedial measures

Forc maintaining jobs for employees who have received because of committing violations specified in Clauses 1 and 2 of this Article.

Article 41. Violations against other regulations on social insurance and unemployment insurance

1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for each violation against each employee, but not exceeding VND 75.000.000 for the employer who fails to pay the convalescence allowance regime. to restore health after occupational accidents or occupational diseases for employees within 05 days from the date of receipt of the allowance transferred by the social insurance agency.

2. A fine ranging from 18% to 20% of the total amount of the employee's compulsory social insurance benefits that the employer has appropriated at the time of making the administrative violation record, but not exceeding 75.000.000. XNUMX dong for the employer who misappropriates the employee's compulsory social insurance benefit.

3. A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed on the employer who fails to notify the Employment Service Center where the employer's head office is located when there is a change. employees work at the unit according to the provisions of law.

4. A fine of between VND 2.000.000 and 4.000.000 shall be imposed on each employee, but not exceeding VND 75.000.000 for the employer who commits one of the following acts:

a) Failing to compile a dossier for participation in compulsory social insurance within 30 days from the date of entering into a labor contract, working contract or recruitment; failing to compile dossiers for participation in unemployment insurance for employees within 30 days from the effective date of the labor contract or working contract;

b) Failing to make a list of employees, or failing to compile dossiers or fail to submit dossiers on time as prescribed in Clause 2, Article 102, Clause 1, Article 103, Clause 1, Article 110, Clause 2, Article 112 of the Law on Social Insurance. ; Clause 1, Article 59, Clause 1, Article 60 of the Law on Occupational Safety and Health;

c) Failing to introduce employees who fall into the categories specified in Article 47 of the Law on Occupational Safety and Health and Article 55 of the Law on Social Insurance for examination and assessment of working capacity decline at the Medical Assessment Council. Department;

d) Failing to return social insurance books to employees as prescribed in Clause 5, Article 21 of the Law on Social Insurance.

5. A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed for each employee participating in unemployment insurance who is entitled to vocational training support, but not exceeding VND 150.000.000 for vocational education institutions. have one of the following behaviors:

a) The vocational training organization does not have enough duration of the course for which the employee is supported in vocational training;

b) Make agreements with relevant individuals and organizations to profit off the vocational training support money but not to the extent of criminal prosecution.

6. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on employers when receiving financial support for training, retraining and improving vocational skills to maintain jobs for employees without having the act of organizing training, retraining and improving vocational skills for employees not in accordance with the plan approved by the competent authority.

7. Remedial measures

a) Forcing the employer to pay the allowance for convalescence and health rehabilitation after the occupational accident or occupational disease to the employee according to regulations when committing any of the violations specified in Clause 1 of this Article;

b) Forcing the employer to refund to the employee the amount of the compulsory social insurance benefit that has been appropriated from the employee and the interest on this amount calculated at the highest interest rate on demand deposits of the employee; State commercial banks announce at the time of sanctioning for violations specified in Clause 2 of this Article;

c) Forcing the vocational education institution to provide vocational training for the full duration of the course in which the employee participating in unemployment insurance is entitled to vocational training support, for the violations specified at Point a, Clause 5 of this Article, if the employee commits a violation of the provisions of Point a, Clause XNUMX of this Article. required labor;

d) Forcing the vocational training institution to return the profit it has made to the social insurance agency, for the violations specified at Point b, Clause 5 of this Article;

dd) Forcing the vocational education institution to conduct training, retraining and improvement of vocational skills for employees according to the plan approved by the competent authority, unless the organization has completed the training program. , train, retrain and improve occupational skills for employees when committing violations specified in Clause 6 of this Article;

e) Forcing the employer to pay to the social insurance agency the amount of money supporting the training, retraining and improvement of vocational skills that has not been used up compared to the plan approved by the competent authority. approval for violations specified in Clause 6 of this Article.

Chapter IV

VIOLATIONS, PENALTY FORMS, PENALTY LEVEL AND REWARDING MEASURES FOR VIOLATIONS IN THE FIELD OF VIETNAMESE EMPLOYERS GOING TO WORK OUTSIDE COUNTRIES #

Article 42. Violations of service enterprises sending Vietnamese workers to work abroad under contracts (hereinafter referred to as service enterprises)

1. A fine of between VND 10.000.000 and 15.000.000 shall be imposed for one of the following acts:

a) Failing 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 failing to post it on the website of the service enterprise. enterprises within 30 days from the date the License is granted, re-issued or information adjusted;

b) The branch of the service enterprise assigned the task of providing the service of sending Vietnamese workers to work abroad under the contract does not publicly list the decision of the service enterprise to assign the branch to the branch. or a copy of the license of the service enterprise at the branch's office;

c) Failing to notify in writing the Ministry of Labor, War Invalids and Social Affairs or failing to update information about the branch assigned to provide the service of sending Vietnamese workers to work abroad under the contract. on the database system of Vietnamese workers going to work abroad under contracts as prescribed;

d) Failing to post or update when there is a change on the website of the service enterprise in accordance with the law, information about: the legal representative; list of professional staff; head office address, business location; physical facilities serving orientation education activities for workers before going to work abroad; decide to assign tasks to the branch;

dd) Failing to post on the website of the service enterprise information about: the document of the Ministry of Labor, War Invalids and Social Affairs approving the preparation of the labor source; complete and accurate information on the quantity or selection criteria or working conditions or the rights and obligations of employees according to the content of the labor supply contract;

e) Failing to report or reporting incompletely, inaccurately or on time on the situation of service activities sending Vietnamese workers to work abroad under contracts as prescribed by law. ;

g) Failing to update information about employees sent by the enterprise on the database system of Vietnamese workers going to work abroad under the contract from the date the worker leaves the country until the date of payment. Manage contracts for sending Vietnamese workers to work abroad in accordance with law;

h) Failing to report or dishonestly reporting to the Ministry of Labor, War Invalids and Social Affairs on the situation of the workers sent by the enterprise to work abroad and the plan to perform the obligations of the enterprise in the valid contract of labor supply, contract of sending Vietnamese workers to work abroad and written agreement with the service enterprise receiving rights and obligations in the case specified at point b, clause 1 Article 28 of the Law on Vietnamese workers going to work abroad under contracts as prescribed;

i) Failing to instruct employees to participate in social insurance in accordance with the law on social insurance;

k) Failing to pay into the Overseas Employment Support Fund on time as prescribed by law.

2. A fine of between VND 10.000.000 and 20.000.000 shall be imposed on each employee, but not exceeding VND 200.000.000 when committing one of the following acts:

a) Failing to organize orientation education or not granting orientation education completion certificates to employees before going to work abroad as prescribed by law;

b) Negotiate a higher deposit level with the employee than prescribed by law;

c) Failing to sign or improperly sign a contract to send Vietnamese workers to work abroad under the contract with the employee;

d) Failing to specify the agreement on service fees and other expenses of the employee in the contract of sending Vietnamese workers to work abroad signed with the employee;

dd) Failing to liquidate or liquidate the contract of sending Vietnamese workers to work abroad with the employees not in accordance with the law;

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

3. A fine ranging from 20% to 30% of the total amount payable to the Overseas Employment Support Fund as prescribed by law at the time of making the administrative violation record, but not exceeding VND 200.000.000 when committing the act. fail to pay or pay insufficiently to the Overseas Employment Support Fund as prescribed by law.

4. A fine of between 40% and 50% of the total amount paid by the employee to the Overseas Employment Support Fund through the service enterprise but the service enterprise fails to pay or fails to pay fully to the External Employment Support Fund. country at the time of making the record of administrative violations but not more than 200.000.000 VND.

5. A fine of between VND 50.000.000 and 70.000.000 shall be imposed for one of the following acts:

a) Failing to maintain one of the conditions specified in Article 10 of the Law on Vietnamese employees working abroad under contracts as prescribed by law during the operation process;

b) Failing to maintain the conditions specified at Point b, Clause 2, Article 20 of the Government's Decree No. 112/2021/ND-CP dated December 10, 12 detailing a number of articles and measures to implement the Law on Human Rights. Vietnamese workers go to work abroad under contracts during the operation of sending Vietnamese workers to work as domestic workers abroad and during the time when Vietnamese workers are sent by enterprises. are working as domestic helpers abroad;

c) Improperly performing the contents of the registered and approved labor supply contract;

d) Failure to compensate employees for damage caused by the enterprise or its branch in accordance with law;

dd) Failing to advise and support employees with procedures related to termination of labor contracts, benefits, regimes and procedures for returning home;

e) Prepare labor resources without the written approval of the Ministry of Labor, War Invalids and Social Affairs;

g) Failing to commit in writing to prioritize the selection of employees who have participated in the enterprise's resource preparation activities;

h) Advertise, advise, announce recruitment or provide inaccurate information to employees or to local authorities at the place of recruitment about one of the following contents: quantity; selection criteria; working conditions; rights and obligations of employees under the labor supply contract;

i) Failing to commit in writing to the waiting time for exiting after the recruited employee goes to work abroad within 180 days from the date the employee is recruited or fails to comply with the commitment on exit waiting time.

6. A fine of between VND 50.000.000 and 70.000.000 shall be imposed on each employee, but not exceeding VND 200.000.000 for acts of abusing activities of preparing labor resources or recruiting Vietnamese workers. Nam goes to work abroad or operates services to send Vietnamese workers to work abroad to collect money from workers illegally.

7. A fine shall be imposed for 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 VND 40.000.000 to VND 80.000.000 when exceeding the registered number from 01 to 10 people;

b) From VND 80.000.000 to VND 120.000.000 when exceeding the registered number from 11 to 50 people;

c) From VND 120.000.000 to VND 180.000.000 when exceeding the number of registrations of more than 50 people.

8. A fine of between VND 80.000.000 and 100.000.000 shall be imposed for one of the following acts:

a) Collecting service fees from employees in contravention of the law;

b) Failing to refund or incompletely refund to the employee the service fee and interest in proportion to the remaining time of the Contract for sending Vietnamese workers to work abroad in the school. In case the employee has paid service fees for the entire working period under the Contract to send Vietnamese workers to work abroad but has to return home ahead of time and through no fault of the worker;

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

d) Failing to provide legal aid in case workers need legal assistance when experiencing abuse, violence or discrimination while working abroad;

dd) Failing to comply with requests of competent agencies or failing to cooperate with relevant agencies and organizations of the receiving country to settle disputes related to employees;

e) Failing to solve problems arising for employees in one of the following cases: death; occupational accident; occupational disease; infringed upon life; health is violated; infringed upon honor and dignity; property infringed; natural disasters; Disease; war; political instability; state of emergency.

9. A fine of between VND 150.000.000 and 180.000.000 shall be imposed for one of the following acts:

a) Taking advantage of activities of sending Vietnamese workers to work abroad to organize illegal exits, exploiting or forcing labor but not to the extent of criminal prosecution;

b) Sending Vietnamese workers to work abroad in one of the following cases: in a prohibited area; prohibited work; violate social ethics; violate the health of workers or the community but not to the extent of criminal prosecution; not permitted by the receiving country;

c) Forcing, enticing, enticing or deceiving Vietnamese workers to stay abroad illegally but not to the extent of criminal prosecution;

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

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

e) Correcting or falsifying documents and documents in the application for the grant or re-grant of a license to provide services to send Vietnamese workers to work abroad under contracts but not to the extent of being prosecuted. criminal liability;

g) Correcting or falsifying the contents of the License to operate the service of sending Vietnamese workers to work abroad under the contract that has been granted but not to the extent of criminal prosecution;

h) Forging documents and documents in the application for issuance or re-grant of a license to provide services to send Vietnamese workers to work abroad under contracts but not to the extent of criminal prosecution;

i) Sending Vietnamese workers to work in Taiwan (China) or Japan without the recommendation or approval of the Ministry of Labor, War Invalids and Social Affairs;

k) Sending workers to work as domestic workers abroad without the written approval of the Ministry of Labor, War Invalids and Social Affairs for enterprises to participate in service activities of sending Vietnamese workers to work. family work abroad.

10. A fine of between VND 180.000.000 and 200.000.000 shall be imposed for one of the following acts:

a) Use the license to operate the service of sending Vietnamese workers to work abroad under the contract of another enterprise to organize the sending of Vietnamese workers to work abroad;

b) Allowing other organizations or individuals to use the license to operate the service of sending Vietnamese workers to work abroad under the contract of their enterprise to send Vietnamese workers to work abroad;

c) Unlawfully assigning the task of providing services to send Vietnamese workers to work abroad under the contract to a branch of the enterprise;

d) Carry out labor preparation activities during the period of suspension of labor preparation activities; performance of labor supply contracts during the period of suspension of the performance of labor supply contracts; perform one of the activities specified in Clauses 1, 2, 3, 4, Article 9 of the Law on Vietnamese employees working abroad under contracts during the suspension period.

11. A fine for sending Vietnamese workers who are not on the list certified by the Ministry of Labor, War Invalids and Social Affairs to work in Taiwan (China) or Japan under one of the following regulations. the following levels:

a) A fine from 20.000.000 VND to 40.000.000 VND when committing from 01 to 10 employees;

b) A fine from 60.000.000 VND to 100.000.000 VND when committing 11 to 50 employees;

c) From 150.000.000 VND to 180.000.000 VND if the violation is committed on more than 50 employees.

12. A fine shall be imposed for sending Vietnamese workers who are not on the list certified by the Ministry of Labor, War Invalids and Social Affairs to work as domestic workers abroad according to one of the following levels:

a) A fine from 20.000.000 VND to 40.000.000 VND when committing from 01 to 10 employees;

b) A fine from 60.000.000 VND to 100.000.000 VND when committing 11 to 50 employees;

c) From 150.000.000 VND to 180.000.000 VND if the violation is committed on more than 50 employees.

13. Additional sanction

a) Suspend the performance of labor supply contracts from 01 to 03 months for the violations specified at Point e, Clause 2 of this Article;

b) Suspend the activities specified in Clauses 1, 2, 3, 4, Article 9 of the Law on Vietnamese workers working abroad under contracts for 06 to 12 months when committing violations against regulations. at Point a, Clause 5, Point dd, Clause 8 of this Article;

c) Suspend the operation of sending Vietnamese workers to work as domestic workers abroad for between 06 and 12 months, for the violations specified at Point b, Clause 5 of this Article;

d) Suspend the activity of preparing labor resources for 12 to 24 months, for the violations specified at Point e, Clause 5 of this Article;

dd) Suspend labor preparation activities for 06 to 12 months for illegal acts of abusing labor preparation activities to collect money from employees as prescribed in Clause 6 of this Article;

e) Suspend the employee recruitment activity from 06 months to 12 months for acts of taking advantage of the employee selection activities to collect money from employees in contravention of the provisions of Clause 6 of this Article.

14. Remedial measures

a) Forcing the service enterprise to update information about the workers sent by the enterprise on the database system of Vietnamese workers going to work abroad under the contract in accordance with the law when available. violations specified at Point g, Clause 1 of this Article;

b) Forcing service enterprises to fully pay the payable amount and the interest of this amount shall be calculated according to the highest interest rate on demand deposits of state-owned commercial banks announced at the time of sanctioning into the Fund. supporting overseas employment when there are violations specified in Clause 3 of this Article;

c) Forcing the service enterprise to pay the full amount of money paid by the employee to the Overseas Employment Support Fund through the service enterprise, and the interest on this amount is calculated at the highest interest rate on demand deposit of the employee. State commercial banks announce at the time of sanctioning to the Overseas Employment Support Fund when there are violations specified in Clause 4 of this Article;

d) Forcing the service enterprise to compensate employees for damage caused by the enterprise or its branch in accordance with law when committing the violations specified at Point d, Clause 5 of this Article;

d) Forcing the service enterprise to return to the employee the amount of money illegally collected from the employee and the interest on this amount is calculated at the highest interest rate on demand deposits of commercial banks. the state shall announce at the time of sanctioning when there is a violation specified in Clause 6, Point a, Clause 8 of this Article;

e) Forcing the service enterprise to fully refund the service fee and interest to the employee as prescribed by law when committing any of the violations specified at Point b, Clause 8 of this Article;

g) Forcing the return of the license to provide the service of sending Vietnamese workers to work abroad under the contract to the competent agency that has issued the permit when committing any of the violations specified at Point g, Clause 9. This.

Article 43. Violations against regulations on sending Vietnamese workers to work abroad by enterprises winning or accepting contracts for works or projects abroad

1. A fine of between VND 3.000.000 and 5.000.000 shall be imposed for one of the following acts:

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

b) Failing to report after completing the winning contract, accepting the contract overseas or failing to make an unexpected report at the request of the Ministry of Labor, War Invalids and Social Affairs as prescribed by law.

2. A fine of from VND 3.000.000 to VND 5.000.000 for each violation against each employee, but not exceeding VND 200.000.000 for acts of failing to ensure that employees are periodically examined for health, including: reproductive health and medical examination and treatment in case workers get sick or have accidents while working abroad.

3. A fine of between VND 10.000.000 and 20.000.000 shall be imposed on each employee, but not exceeding VND 200.000.000 when committing one of the following acts:

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

b) Failure to provide complete or accurate information or clear information about one of the following contents: working conditions; living conditions; benefits or regimes of employees working at works or projects of enterprises winning contracts or accepting contracts abroad;

c) Failing to directly organize the sending of Vietnamese workers to work abroad.

4. A fine of between VND 20.000.000 and 30.000.000 shall be imposed for one of the following acts:

a) Failing to send workers back home or failing to pay the costs of sending workers back home when they are so sick or injured that they are no longer able to continue working abroad;

b) Failing to bring back the remains or bodies of workers who died while working abroad; does not pay expenses related to the organization of bringing back the remains or bodies of workers who died while working abroad.

5. A fine of between VND 30.000.000 and 50.000.000 shall be imposed for one of the following acts:

a) Sending Vietnamese workers to work abroad exceeds the number of people in the plan to send Vietnamese workers to work abroad approved by the Ministry of Labor, War Invalids and Social Affairs;

b) Failing to reach an agreement with the labor contract appendix with the employee as prescribed or having an agreement with the labor contract appendix but the content is not consistent with the plan to send Vietnamese workers to work abroad. approved by the Ministry of Labor, War Invalids and Social Affairs.

6. A fine of between VND 75.000.000 and 90.000.000 shall be imposed for one of the following acts:

a) Failing to report or failing to cooperate with overseas Vietnamese representative missions to manage and protect legitimate rights and interests of employees while working abroad;

b) Failure to comply with the request of the competent authority or failing to cooperate with relevant agencies and organizations of the country where the employee comes to work to settle disputes related to the employee working in the foreign country. outside;

c) Failing to solve problems arising for employees in one of the following cases: death; Accident; infringed upon life; health is violated; infringed upon honor and dignity; property infringed; natural disasters; Disease; war; political instability; economic depression; state of emergency; for other force majeure reasons.

7. A fine of between VND 50.000.000 and 70.000.000 shall be imposed on each employee but not exceeding VND 200.000.000 for acts of abusing activities of sending Vietnamese workers to work abroad to illegal collection of money from employees.

8. A fine of between VND 150.000.000 and VND 180.000.000 for one of the following acts:

a) Taking advantage of activities of sending Vietnamese workers to work abroad to organize illegal exits, exploiting or forcing labor but not to the extent of criminal prosecution;

b) Sending Vietnamese workers to work abroad in one of the following cases: in a prohibited area; prohibited work; violate social ethics; violate the health of workers or the community but not to the extent of criminal prosecution; not permitted by the receiving country;

c) Forcing, enticing, enticing or deceiving Vietnamese workers to stay abroad illegally but not to the extent of criminal prosecution;

d) Sending Vietnamese workers to work abroad without reporting the plan to send Vietnamese workers to work abroad or having reported but not yet approved by the Ministry of Labor, War Invalids and Social Affairs.

9. Additional sanction

Suspend the operation of sending Vietnamese workers to work abroad by Vietnamese enterprises that win or accept contracts for works or projects abroad for 06 to 12 months when committing violations specified in Clause 6 of this Article. 7, Clause 8, Clause XNUMX of this Article.

10. Remedial measures

a) Forcing Vietnamese enterprises that win or accept contracts for works or projects abroad to update information about employees on the database system of Vietnamese workers working abroad under contracts. when committing violations specified at Point a, Clause 1 of this Article;

b) Forcing Vietnamese enterprises that win or accept contracts for works or projects overseas to send workers back home or pay expenses for workers to return home when committing violations specified at Point a, Clause 4 of this Article. this;

c) Forcing Vietnamese enterprises that win or receive contracts for works or projects abroad to pay expenses related to the organization of bringing back the remains or corpses of workers who died while working abroad when they return home. acts of failing to pay expenses related to the organization of bringing back the remains or corpses of workers who died while working abroad as prescribed at Point b, Clause 4 of this Article;

d) Forcing a Vietnamese enterprise that has won a contract or received a contract for a work or project abroad to return to the employee the amount of money illegally collected from the employee and the interest on this amount calculated at the rate of interest. highest demand deposits of state-owned commercial banks announced at the time of sanction when there is a violation specified in Clause 7 of this Article.

Article 44. Violations against regulations on sending Vietnamese workers to work abroad by Vietnamese organizations and individuals investing abroad

1. A fine ranging from VND 500.000 to VND 1.500.000 shall be imposed for failing to report on an annual basis as prescribed or for making irregular reports on the situation of sending Vietnamese workers to work abroad according to regulations. provisions of law.

2. A fine ranging from VND 1.500.000 to VND 2.500.000 shall be imposed for failing to update information about employees on the database system of Vietnamese workers working abroad under contracts.

3. A fine of between VND 5.000.000 and 10.000.000 shall be imposed on each employee, but not exceeding VND 100.000.000 when committing one of the following acts:

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

b) Failure to provide complete or accurate information or clear information about one of the following contents: working conditions; living conditions; right; regimes of employees working at production and business establishments or works established overseas by investment organizations or individuals;

c) Failing to directly organize sending Vietnamese workers to work abroad;

d) Failing to directly manage and employ Vietnamese workers to work abroad.

4. A fine of between VND 15.000.000 and 25.000.000 shall be imposed for one of the following acts:

a) Sending Vietnamese workers to work abroad exceeds the number of people in the plan to send Vietnamese workers to work abroad approved by the Ministry of Labor, War Invalids and Social Affairs;

b) Failing to reach an agreement with the labor contract appendix with the employee as prescribed or having an agreement with the labor contract appendix but the content is not consistent with the plan to send Vietnamese workers to work abroad. outside has been approved by the Ministry of Labor - Invalids and Social Affairs;

c) Failing to sign contracts to send Vietnamese workers to work abroad according to the content or form of the contract prescribed by the Minister of Labor, War Invalids and Social Affairs in the case of sending recruited workers. recently went to work abroad;

d) Failing to liquidate the contract of sending Vietnamese workers to work abroad with the employee within 180 days from the date the employee terminates the labor contract.

5. A fine of between VND 35.000.000 and 45.000.000 shall be imposed for one of the following acts:

a) Failing to report or failing to cooperate with overseas Vietnamese representative missions to manage and protect legitimate rights and interests of employees while working abroad;

b) Failure to comply with the request of the competent authority or failing to cooperate with relevant agencies and organizations of the country where the employee comes to work to settle disputes related to the employee working in the foreign country. outside;

c) Failing to solve problems arising for employees in one of the following cases: death; Accident; infringed upon life; health is violated; infringed upon honor and dignity; property infringed; natural disasters; Disease; war; political instability; economic depression; state of emergency; for other force majeure reasons.

6. A fine of between VND 25.000.000 and 35.000.000 shall be imposed on each employee but not exceeding VND 100.000.000 for acts of abusing activities of sending Vietnamese workers to work abroad to illegal collection of money from employees.

7. A fine of between VND 75.000.000 and VND 90.000.000 for one of the following acts:

a) Taking advantage of activities of sending Vietnamese workers to work abroad to organize illegal exit or exploiting or forcing labor but not to the extent of criminal prosecution;

b) Sending Vietnamese workers to work abroad in one of the following cases: prohibited areas; prohibited work; violate social ethics; violate the health of workers or the community but not to the extent of criminal prosecution; not permitted by the receiving country;

c) Forcing, enticing, enticing or deceiving Vietnamese workers to stay abroad illegally but not to the extent of criminal prosecution;

d) Sending Vietnamese workers to work abroad without reporting the plan to send Vietnamese workers to work abroad or having reported but not yet approved by the Ministry of Labor, War Invalids and Social Affairs .

8. Additional sanction

Suspend the sending of Vietnamese workers to work abroad by Vietnamese organizations or individuals investing abroad for 06 to 12 months when committing violations specified in Clauses 5 and 6. Clause 7 of this Article.

9. Remedial measures

a) Forcing Vietnamese organizations and individuals investing abroad to update information about employees on the database system of Vietnamese employees working abroad under contracts when committing acts of misconduct. violate the provisions of Clause 2 of this Article;

b) Forcing Vietnamese organizations and individuals investing abroad to return to employees the money illegally collected by the employees and the interest on this money calculated at the interest rate on demand deposits. the highest level of the state-owned commercial banks announced at the time of sanction when there is a violation specified in Clause 6 of this Article.

Article 45. Violations by Vietnamese enterprises sending Vietnamese workers abroad for training and skill improvement

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failing to report on the situation of sending workers abroad for vocational training and skill improvement to state agencies. authorized by law.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for failing to update information about employees on the database system of Vietnamese workers working abroad under contracts.

3. A fine of between VND 10.000.000 and 20.000.000 shall be imposed on each employee, but not exceeding VND 200.000.000 when committing one of the following acts:

a) Failing to organize for employees to participate in orientation education courses before going abroad to train and improve professional qualifications and skills;

b) Failure to provide complete or accurate information or not clear information about one of the contents specified in Clause 2, Article 37 of the Law on Vietnamese workers working abroad under contract.

4. A fine of between VND 30.000.000 and 50.000.000 shall be imposed for one of the following acts:

a) Sending Vietnamese workers abroad to train and improve vocational qualifications and skills in excess of the number of people registered with competent state agencies;

b) The contract for accepting interns does not contain all the contents specified in Clause 2, Article 37 of the Law on Vietnamese workers going to work abroad under the contract;

c) Failing to sign a vocational training contract before the employee goes abroad to train or improve vocational qualifications and skills;

d) The content of the overseas vocational training contract does not match the content of the contract for accepting interns.

5. A fine of between VND 75.000.000 and 90.000.000 shall be imposed for one of the following acts:

a) Failing to report or failing to cooperate with overseas Vietnamese representative missions to manage and protect legitimate rights and interests of employees while working abroad;

b) Failure to comply with the request of the competent authority or failing to cooperate with relevant agencies and organizations of the country where the employee comes to train and improve professional qualifications and skills to settle disputes related to the labor force. regarding workers working abroad;

c) Failing to solve problems arising for employees in one of the following cases: death; Accident; infringed upon life; health is violated; infringed upon honor and dignity; property infringed; natural disasters; Disease; war; political instability; economic depression; state of emergency; for other force majeure reasons.

6. A fine of between VND 150.000.000 and VND 180.000.000 for one of the following acts:

a) Taking advantage of activities of sending Vietnamese workers abroad to train and improve professional qualifications and skills to organize illegal exit or exploit or force labor but not to the extent of being held accountable. Criminal;

b) Sending Vietnamese workers abroad to train and improve their qualifications and skills without registering a contract for accepting interns or having registration without the approval of a competent state agency. ;

c) Forcing, enticing, enticing or deceiving Vietnamese workers to stay abroad illegally but not yet to the extent of criminal prosecution.

7. Remedial measures

Forcing Vietnamese enterprises to send Vietnamese workers abroad to train and improve professional skills and qualifications to update information about workers on the database system of Vietnamese workers going to work. overseas under a contract when there is a violation specified in Clause 2 of this Article.

Article 46. Violations of Vietnamese workers working abroad and a number of other related subjects

1. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed on employees who commit illegal acts of voluntarily staying abroad after terminating the labor contract or the vocational training contract without being forced to do so. intimidation, coercion in any form and not subject to criminal prosecution.

2. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed for one of the following acts:

a) Organize the selection and collection of money from Vietnamese workers to work abroad; organize the sending of Vietnamese workers to work abroad without a license to provide the service of sending Vietnamese workers to work abroad under a contract or failing to satisfy the conditions prescribed by the law on labor contracts. sending Vietnamese workers to work abroad in one of the following forms: enterprises win contracts, receive contracts for works and projects abroad sending Vietnamese workers to work abroad; organizations and individuals investing abroad send Vietnamese workers to work abroad; enterprises send Vietnamese workers to train and improve professional qualifications and skills abroad;

b) Forcing, enticing, enticing or deceiving Vietnamese workers to stay abroad illegally but not to the extent of criminal prosecution;

c) Forging the license to operate the service of sending Vietnamese workers to work abroad under the contract but not to the extent of criminal prosecution.

3. A fine ranging from VND 180.000.000 to VND 200.000.000 shall be imposed on branches of service enterprises when they commit acts of sending Vietnamese workers to work abroad that are not within the scope of their assigned tasks. service delivery or not within the time assigned by the service enterprise.

4. Additional sanction

Confiscation of material evidences and means of administrative violations that are licenses to provide services of sending Vietnamese workers to work abroad under forged contracts, for violations specified at Point c, Clause 2 of this Article. .

5. Remedial measures

Forced to return to the employee the amount of money illegally collected from the employee and the interest on this amount is calculated according to the highest interest rate on demand deposits of state-owned commercial banks announced at the time of publication. penalty points for violations specified at Point a, Clause 2, and Clause 3 of this Article.

Chapter V

COMMITTEE TO SANCTION ADMINISTRATIVE VIOLATIONS AND MAKING MINUTES OF ADMINISTRATIVE VIOLATIONS; PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS; IMPLEMENTATION OF PENALTIES FOR ADMINISTRATIVE VIOLATIONS, REFERRAL MEASURES IN THE FIELD OF LABOR, SOCIAL INSURANCE, VIETNAM WORKERS WORKING OUTSIDE

Section 1. COMMITTEE TO SANCTION ADMINISTRATIVE VIOLATIONS AND MAKING MINUTES OF ADMINISTRATIVE VIOLATIONS

Article 47. Authority to make records of administrative violations

The competence to make records of administrative violations for administrative violations prescribed in this Decree includes:

1. Persons competent to sanction administrative violations specified in Articles 48, 49, 50, 51, 52, 53, 54, 55, 56 and 57 of this Decree according to their assigned functions, tasks and powers .

2. Civil servants, public employees, people in the People's Army and People's Public Security forces who are on official duty and have the task of inspecting and examining labor, social insurance and Vietnamese employees going to work. working abroad under a contract under a legal document or an administrative document issued by a competent agency or person.

Article 48. Sanctioning competence of the President of the People's Committee

1. Commune-level People's Committee presidents have the right to warn or impose a fine of up to 5.000.000 VND for acts of administrative violation in the field of labor, social insurance, Vietnamese workers going to work. working abroad under contracts specified in Chapter II, Chapter III and Chapter IV of this Decree.

2. Presidents of district-level People's Committees have the right to:

a) Caution;

b) A fine of up to VND 37.500.000 shall be imposed for administrative violations in the fields of labor and social insurance as prescribed in Chapters II and III of this Decree, except for the violations specified in Clause 3 of this Article. 32 this Decree;

c) A fine of up to VND 50.000.000 shall be imposed for administrative violations in the field of Vietnamese workers working abroad under the contract specified in Chapter IV of this Decree;

d) Apply the additional sanctioning form specified in Chapter II, Chapter III and Chapter IV, except for the additional sanctioning form specified in Clause 5, Article 32 of this Decree;

dd) Apply remedial measures specified in Chapter II, Chapter III, Chapter IV of this Decree.

3. Presidents of provincial-level People's Committees have the right to:

a) Caution;

b) A fine of up to VND 75.000.000 shall be imposed for administrative violations in the fields of labor and social insurance as prescribed in Chapters II and III of this Decree, except for the violations specified in Clause 3 of this Article. 32 this Decree;

c) A fine of up to VND 100.000.000 shall be imposed for administrative violations in the field of Vietnamese workers working abroad under the contract specified in Chapter IV of this Decree;

d) Apply the additional sanctioning form specified in Chapter II, Chapter III and Chapter IV, except for the additional sanctioning form specified in Clause 5, Article 32 of this Decree;

dd) Apply remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

Article 49. Sanctioning competence of the Labor Inspector

1. Labor inspectors who are assigned the task of performing specialized inspection while on official duty may impose a warning or a fine of up to 500.000 VND for acts of administrative violation in the field of labor. , social insurance, Vietnamese workers working abroad under contracts specified in Chapter II, Chapter III and Chapter IV of this Decree.

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

a) Caution;

b) A fine of up to VND 37.500.000 shall be imposed for administrative violations in the fields of labor and social insurance as prescribed in Chapters II and III of this Decree, except for the violations specified in Clause 3 of this Article. 32 this Decree;

c) A fine of up to VND 50.000.000 shall be imposed for administrative violations in the field of Vietnamese workers working abroad under the contract specified in Chapter IV of this Decree;

d) Apply the additional sanctioning form specified in Chapter II, Chapter III and Chapter IV, except for the additional sanctioning form specified in Clause 5, Article 32 of this Decree;

dd) Apply remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

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

a) Caution;

b) A fine of up to VND 75.000.000 shall be imposed for administrative violations in the fields of labor and social insurance as prescribed in Chapters II and III of this Decree, except for the violations specified in Clause 3 of this Article. 32 this Decree;

c) A fine of up to VND 100.000.000 shall be imposed for administrative violations in the field of Vietnamese workers working abroad under the contract specified in Chapter IV of this Decree;

d) Apply the additional sanctioning form specified in Chapter II, Chapter III and Chapter IV, except for the additional sanctioning form specified in Clause 5, Article 32 of this Decree;

dd) Apply remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

4. Heads of ministerial-level labor inspection teams have the right to:

a) Caution;

b) A fine of up to VND 52.500.000 shall be imposed for administrative violations in the fields of labor and social insurance as prescribed in Chapters II and III of this Decree, except for the violations specified in Clause 3 of this Article. 32 this Decree;

c) A fine of up to VND 70.000.000 shall be imposed for administrative violations in the field of Vietnamese workers working abroad under the contract specified in Chapter IV of this Decree;

d) Apply the additional sanctioning form specified in Chapter II, Chapter III and Chapter IV, except for the additional sanctioning form specified in Clause 5, Article 32 of this Decree;

dd) Apply remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

5. Heads of Department-level labor inspection teams, heads of specialized inspection teams of state management agencies assigned to perform the function of specialized inspection on labor, social insurance and Vietnamese workers. Working abroad under a contract has the right to:

a) Caution;

b) A fine of up to VND 37.500.000 shall be imposed for administrative violations in the fields of labor and social insurance as prescribed in Chapters II and III of this Decree, except for the violations specified in Clause 3 of this Article. 32 this Decree;

c) A fine of up to VND 50.000.000 shall be imposed for administrative violations in the field of Vietnamese workers working abroad under the contract specified in Chapter IV of this Decree;

d) Apply the additional sanctioning form specified in Chapter II, Chapter III and Chapter IV, except for the additional sanctioning form specified in Clause 5, Article 32 of this Decree;

dd) Apply remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

Article 50. Sanctioning competence of the Director of the Department of Overseas Labor

The Director of the Department of Overseas Labor Management has the power to:

1. A fine of up to VND 100.000.000 shall be imposed for acts of administrative violation in the field of Vietnamese workers working abroad under the contracts specified in Chapter IV of this Decree.

2. Apply the additional sanction specified in Chapter IV of this Decree.

3. Apply remedial measures specified in Chapter IV of this Decree.

Article 51. Sanctioning competence of the Director of the Department of Occupational Safety

The Director of the Department of Occupational Safety has the right to:

1. A fine of up to 75.000.000 VND shall be imposed for administrative violations specified in Articles 18, 20, 21, 22, 23, 24, 25, 26, 27, Point b, Clause 7, Article 39, and Clause 8. Article 39 of this Decree.

2. Apply the additional sanction specified in Articles 25, 26, 27 and Clause 9 Article 39 of this Decree.

3. Apply remedial measures specified in Articles 22, 23, 25, 26, 27 and Clause 10, Article 39 of this Decree.

Article 52. Sanctioning competence of the Social Insurance agency

1. Provincial-level social insurance directors have the right to:

a) A fine of up to 37.500.000 VND shall be imposed for violations on payment of social insurance and unemployment insurance premiums specified in Clauses 1, 3, 4, 5, 6, 7 Article 39, Point a, Clause 1. Article 40 of this Decree;

b) Apply remedial measures specified in Clause 10, Article 39 and Clause 3, Article 40 of this Decree.

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

a) A fine of up to VND 75.000.000 shall be imposed for acts of violation on payment of social insurance and unemployment insurance premiums specified in Clauses 1, 3, 4, 5, 6, 7 Article 39, Point a, Clause 1 of Article 40. XNUMX this Decree;

b) Apply remedial measures specified in Clause 10, Article 39 and Clause 3, Article 40 of this Decree.

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

a) A fine of up to 52.500.000 VND shall be imposed for violations on payment of social insurance and unemployment insurance premiums specified in Clauses 1, 3, 4, 5, 6, 7 Article 39, Point a, Clause 1. Article 40 of this Decree;

b) Apply remedial measures specified in Clause 10, Article 39 and Clause 3, Article 40 of this Decree.

Article 53. Competence of the People's Police

1. Heads of Commune-level Police, Heads of Police Stations, Heads of Police Stations at border gates or export processing zones, Heads of Police at International Airports, Battalion Commanders of Mobile Police Battalions, and Crew Captains have the right to a fine of up to 2.500.000 VND for violations specified at Point d, Clause 1, Article 8 and Clause 2, Article 34 of this Decree.

2. District-level police chiefs; Head of the professional division of the Police Department for administrative management of social order; Head of the professional division of the Immigration Department; The head of the provincial-level Public Security Bureau includes: the head of the police department for administrative management of social order, the head of the police department for investigating crimes related to social order, and the head of the police department for investigating crimes related to corruption and business. For economic and smuggling activities, the Head of the Immigration Department has the right to impose a fine of up to 15.000.000 VND for the violations specified at Point d, Clause 1, Article 8 and Clause 2, Article 34 of this Decree.

3. Provincial-level police chiefs have the right to:

a) A fine of up to 37.500.000 VND shall be imposed for the violations specified at Point d, Clause 1, Article 8; Clause 3 Article 11; Point a, Clause 3, Article 19; Point dd Clause 3 Article 21; Article 31; Clause 3 Article 32; Clause 2 Article 34; Clause 3, Article 35 of this Decree;

b) Apply the additional sanction specified in Clause 5, Article 32 of this Decree;

c) Apply remedial measures specified at Point c, Clause 4, Article 19 of this Decree.

4. The Director of the Police Department for administrative management of social order, the Director of the Police Department for the investigation of crimes related to social order, and the Director of the Immigration Department have the right to:

a) A fine of up to 75.000.000 VND shall be imposed for the violations specified at Points b, c, d, dd Clause 5, Clause 6 Article 7; Point d Clause 1, Clause 3 Article 8; Clause 3, Point a, Clause 4, Article 11; Points e and g Clause 6 and Clause 7 Article 13; Point a, Clause 2, Article 14; Point a, Clause 3, Article 19; Point dd Clause 3 Article 21; Point c, Clause 3, Article 29; Clause 4, Article 30; Article 31; Clause 2 Article 34; Clause 3 Article 35; acts of forging documents and documents in the application file for the Certificate of eligibility for occupational safety and health training activities, acts of forging the Certificate of eligibility for safety training activities, occupational hygiene specified at Point d, Clause 3 and Clause 4, Article 25; acts of forging documents and documents in the application file for the Certificate of eligibility for inspection activities, forging the Certificate of eligibility for inspection activities, forging the Certificate of inspector specified at Point a. dd Clause 1, Clause 5 and Clause 6, Article 26 of this Decree;

b) A fine of up to 100.000.000 VND shall be imposed for the violations specified at Points a, b, c, e, g, h Clause 9 Article 42; Points a, b, c, Clause 8, Article 43; Points a, b, c, Clause 7, Article 44; Points a and c, Clause 6, Article 45; Clause 1, Clause 2, Article 46; acts of offending the honor and dignity of employees in the activities of sending Vietnamese workers to work abroad specified at Point d, Clause 9, Article 42 of this Decree;

c) Apply the additional sanction specified in Clause 7 Article 7; Clause 9 Article 43; Clause 8 Article 44; Clause 4, Article 46 of this Decree;

d) Apply remedial measures specified at Point b, Clause 8, Article 7; Point c, Clause 3, Article 14; Point c, Clause 4, Article 19; Point g, Clause 14, Article 42; Clause 5, Article 46 of this Decree.

5. The Director of the Immigration Department has the power to impose penalties for violations specified in Clause 3, Article 32 and apply the additional sanctioning form specified in Clause 5, Article 32 of this Decree.

Article 54. Authority of the Coast Guard

1. Coast Guard officers on duty have the right to:

a) Caution;

b) A fine of up to 1.500.000 VND shall be imposed for any of the violations specified in Chapter II of this Decree.

2. The head of the Coast Guard's Operational Team has the right to:

a) Caution;

b) A fine of up to 3.750.000 VND shall be imposed for any of the violations specified in Chapter II of this Decree.

3. The captain of the Coast Guard professional team and the station commander of the Coast Guard station has the right to:

a) Caution;

b) A fine of up to 7.500.000 VND shall be imposed for any of the violations specified in Chapter II of this Decree;

c) Apply remedial measures specified at Point a, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. The captain of the Coast Guard Squadron has the right to:

a) Caution;

b) A fine of up to 15.000.000 VND shall be imposed for any of the violations specified in Chapter II, except for the violations specified in Clause 3, Article 32 of this Decree;

c) Apply remedial measures specified in Chapter II of this Decree.

5. Captain of the Coast Guard Squadron; The Commander of the Reconnaissance Team and the Leader of the Special Task Force on Drug Crime Prevention of the Vietnam Coast Guard Command has the right to:

a) Caution;

b) A fine of up to 22.500.000 VND shall be imposed for any of the violations specified in Chapter II, except for the violations specified in Clause 3, Article 32 of this Decree;

c) Apply remedial measures specified in Chapter II of this Decree.

6. The Commander of the Coast Guard Region, the Director of the Legal and Professional Affairs Department under the Vietnam Coast Guard Command has the power to:

a) Caution;

b) A fine of up to 37.500.000 VND shall be imposed for any of the violations specified in Chapter II, except for the violations specified in Clause 3, Article 32 of this Decree;

c) Apply the additional sanctioning form specified in Chapter II, except for the additional sanctioning form specified in Clause 5, Article 32 of this Decree;

d) Apply remedial measures specified in Chapter II of this Decree.

7. The Commander of the Vietnam Coast Guard has the right to:

a) Caution;

b) A fine of up to 75.000.000 VND shall be imposed for administrative violations specified in Chapter II, except for violations specified in Clause 3, Article 32 of this Decree;

c) Apply the additional sanctioning form specified in Chapter II, except for the additional sanctioning form specified in Clause 5, Article 32 of this Decree;

d) Apply remedial measures specified in Chapter II of this Decree.

Article 55. Sanctioning competence of provincial-level border guard commanders; Commander of the Border Guard Squadron, Director of the Drug and Crime Prevention Department under the Border Guard Command

Commanders of Provincial Border Guards; The Commander of the Border Guard Squadron, the Director of the Drug and Crime Prevention Department under the Border Guard Command has the power to:

1. A fine of up to 100.000.000 VND shall be imposed for any of the violations specified at Point a, Clause 9, Article 42; Point a, Clause 8, Article 43; Point a, Clause 7, Article 44; Point a, Clause 6, Article 45 of this Decree;

2. Apply the additional sanction specified in Clause 9 Article 43 and Clause 8 Article 44 of this Decree.

Article 56. Sanctioning competence of heads of diplomatic missions, consular offices and other agencies

Heads of diplomatic missions, consular offices and other agencies authorized to perform the consular function of the Socialist Republic of Vietnam abroad have the right to:

A fine of up to 100.000.000 VND shall be imposed for any of the violations specified at Point c, Clause 9, Article 42; Point c, Clause 8, Article 43; Point c, Clause 7, Article 44; Point c, Clause 6, Article 45; Clause 1, Article 46; Point b, Clause 2, Article 46 of this Decree.

Article 57. Assignment of sanctioning power

1. Persons with sanctioning competence specified in Article 48; Clauses 2 and 3 Article 49; Articles 50, 51, 52, 53, 54, 55 and 56 This Decree may assign deputies to exercise the authority to sanction administrative violations.

2. The assignment of sanctioning power specified in Clause 1 of this Article must comply with current law provisions.

Section 2. PROCEDURES FOR PENALTING SMALL ADMINISTRATIVE VIOLATIONS

Article 58. Procedures for sanctioning administrative violations

1. Procedures for sanctioning violations in the field of labor, social insurance, Vietnamese workers working abroad under contracts shall comply with the provisions of the Law on Handling of Administrative Violations and documents. guide the Law on Handling of Administrative Violations, Clause 2 of this Article and Article 59 of this Decree.

2. When detecting acts of forging licenses, certificates or certificates; forging documents and documents of agencies or organizations specified at Points d, dd, Clause 5, Clause 6, Article 7; Points e, g, Clause 6, Clause 7, Article 13; Point d Clause 2, Point d Clause 3, Clause 4 Article 25; Point dd Clause 1, Clause 5, Clause 6 Article 26; Point h Clause 9 Article 42; Point c, Clause 2, Article 46 of this Decree, the competent person who is accepting the case must immediately transfer the violation case file to a criminal procedure-conducting agency for criminal prosecution as prescribed in Article 62 of this Decree. Law on Handling of Administrative Violations. In case the criminal procedure-conducting agency fails to examine the criminal liability, the violation case file shall be transferred to the person competent to sanction administrative violations as prescribed in Clause 3, Article 62 of the Law on Handling of Violations. administrative penalties for administrative violations according to the provisions of this Decree.

Article 59. Procedures for sanctioning employees when committing violations specified in Clause 1, Article 46 of this Decree

1. The President of the People's Committee, the Chief Inspector of the Ministry, the Director of the Department of Overseas Labor Management, the heads of the diplomatic missions, consular offices and other agencies authorized to perform the consular function overseas Vietnamese (hereinafter referred to as the person with sanctioning competence); civil servants and public employees on duty, inspecting and examining Vietnamese employees working abroad under contracts according to legal documents or administrative documents issued by agencies or persons. has the authority to issue records of administrative violations for illegal acts of voluntarily staying abroad after terminating labor contracts or vocational training contracts without being threatened or coerced under in any form and not subject to criminal prosecution when there is one of the following grounds:

a) Directly detect violations while on official duty;

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

c) Receive a written notice from the overseas employer about the employee's violation. The content of the notice must be checked and verified for accuracy before making the minutes.

2. The making of records of administrative violations shall comply with the provisions of the Law on Handling of Administrative Violations and the Government's Decree detailing a number of articles and measures to implement the Law on Handling of Administrative Violations.

3. The completed administrative violation minutes must be handed over to the violators and must be immediately transferred to the person with sanctioning competence where the employee currently resides for consideration and issuance of a decision on sanctioning of the administrative violation according to regulations. determined.

4. The issuance of decisions on handling of administrative violations shall comply with the provisions of Articles 66, 67 and 68 of the Law on Handling of Administrative Violations.

Section 3. IMPLEMENTATION OF PENALTIES FOR ADMINISTRATIVE VIOLATIONS, RESULTS

Article 60. Execution of penalties for administrative violations

1. The enforcement of forms of sanctioning for administrative violations in the field of labor, social insurance, and Vietnamese workers working abroad under contracts shall comply with the provisions of the Law on Handling of Violations. administrative regulations, guiding documents of the Law on Handling of Administrative Violations and Clauses 2, 3 and 4 of this Article.

2. The person who issues the decision to sanction an administrative violation shall send 01 copy of the sanctioning decision to:

a) Competent state agencies grant employment service operation licenses, for the violations specified in Clause 5, Article 7 of this Decree;

b) Persons competent to issue labor outsourcing licenses for one of the violations specified at Points a, b, d, dd, e, g, h, Clause 6, Article 13 of this Decree;

c) Competent state agencies grant certificates of eligibility for occupational safety and health training, for violations specified at Points c and d, Clause 2; Points c, d, Clause 3, Article 25 of this Decree;

d) Competent state agencies grant certificates of eligibility for technical inspection of occupational safety, for violations specified at Points d and dd Clause 1 and 6 Article 26 of this Decree;

dd) The Minister of Labor, War Invalids and Social Affairs, for violations specified at Points a and b, Clause 5; Clause 6; points a, b, dd, e, g, h clause 9; Points a, b and c, Clause 10, Article 42 of this Decree.

3. For employees who have been fined abroad, they can pay the fine at Vietnamese diplomatic missions and consular offices abroad.

4. Fines are collected in Vietnam Dong. In case of collection in foreign currency, it shall be converted into Vietnam Dong at the exchange rate of the commercial bank at the time of sanction.

Article 61. Implementation of remedial measures

The implementation of remedial measures specified in this Decree shall comply with the provisions of the Law on Handling of Administrative Violations and its guiding documents.

Chapter VI

TERMS ENFORCEMENT

Article 62. Enforcement

1. This Decree takes effect on February 17, 01.

2. Decree No. 28/2020/ND-CP dated March 01, 3 of the Government providing for penalties for administrative violations in the field of labor, social insurance and sending Vietnamese workers to work in Foreign contract under the contract shall cease to be effective from the effective date of this Decree.

Article 63. Transitional provisions

For acts of administrative violation in the field of labor and social insurance, Vietnamese employees working abroad under contracts but detected before the effective date of this Decree are being investigated. consider, settle and have not yet been issued a sanctioning decision, the provisions on sanctioning prescribed in this Decree shall apply if this Decree does not stipulate liability or stipulate lighter liability for the offenders. violating individuals or organizations.

Article 64. Responsibilities for guidance and implementation

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

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of the provinces and centrally-run cities are responsible for the implementation of this Decree.