Decree 28/2020/ND-CP on sanctioning administrative violations in the field of labor and social insurance

DECREE

PROVISIONS ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN LABOR, SOCIAL INSURANCE, SHIPPING VIETNAM WORKERS TO WORK OUTSIDE CONTRACT

Pursuant to the Law on Government Organization dated June 19, 6;

Pursuant to the June 20, 6 Law on Handling of Administrative Violations;

Pursuant to the Labor Code dated 18 of month 6 year 2012;

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 29, 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, sending Vietnamese workers to work abroad under contracts.

Chapter I #

GENERAL RULES

Article 1. Scope

This Decree provides for violations, sanctioning forms, sanctioning levels, remedial measures, sanctioning competence, competence to make records, and procedures for sanctioning administrative violations in the field of labor. labor, social insurance and sending Vietnamese workers to work abroad under contracts.

Article 2. Subject of application

1. Employers, employees and other individuals and organizations commit administrative violations in the field of labor, social insurance, sending Vietnamese workers to work abroad according to regulations. 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 of administrative violations specified in this Decree.

Article 3. Sanctions

1. Organizations and individuals that commit administrative violations in the field of labor, social insurance and send Vietnamese workers to work abroad under contracts shall be sanctioned according to the main form of sanction. is a warning or a 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 from 01 to 03 months or from 06 months to 12 months;

b) Deprive the inspector of the right to use the inspector's certificate from 01 to 03 months;

c) Confiscate the license for labor outsourcing;

d) Confiscate the Certificate of eligibility for occupational safety and health training activities;

dd) Confiscate the Certificate of eligibility for occupational safety technical inspection services;

e) Confiscate the inspector's certificate;

g) Suspension of training activities from 01 to 03 months;

h) Suspend inspection activities from 01 to 03 months;

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

k) Suspend the operation of sending workers to work abroad from 01 to 03 months or from 04 to 06 months or from 06 to 12 months;

l) Suspend the performance of labor supply contracts with a term of from 01 month to 03 months or from 03 months to 06 months or from 06 months to 12 months;

m) 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. Forcibly return the collected money to the employee.

2. Forcible return of the originals of identity papers, diplomas and certificates kept of the employees.

3. Forced return of identification papers to domestic helpers.

4. Forcible return of the employee's kept or collected money or property plus interest on the employee's kept amount.

5. Forcible return of illegal profits obtained from labor outsourcing activities.

6. Forcible return of illegal profits obtained from the performance of acts of taking advantage of the name of vocational training or apprenticeship for profit, exploiting labor power or enticing or forcing apprentices or apprentices to enter the profession. illegal activities.

7. Forcible refund to production and business establishments that hire occupational safety and health training services plus the profit of that amount.

8. Forcing vocational education institutions to return the profiteering money back to the state budget.

9. Forcible refund to the employee the amount of money entitled to compulsory social insurance which has been appropriated from the employee and the interest on this amount.

10. Forcibly entering into labor contracts with employees or entering into the right type of contracts with employees.

11. Forced to enter into a written labor contract with the domestic helper.

12. Forced extension of labor contracts for part-time trade union officials.

13. Forced to pay full salary.

14. Forcible payment of salary plus interest on late payment or underpayment.

15. Forcible payment of wages to employees in the days of not accepting employees back to work after the expiration of the period of suspension of the performance of the labor contract.

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

17. Forcible payment of wages to apprentices or apprentices when there is an act of not paying the apprentices wages during the apprenticeship or apprenticeship, but directly or participates in the production of qualified products.

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

19. Forcible payment of wages to employees during the days of temporary closure of the workplace.

20. Forcible payment of wages to part-time trade unionists during trade union activities.

21. Forced to pay overtime wages to employees.

22. Compulsory completion of procedures for certification and return of other documents kept to employees.

23. Forcing workers to return to work.

24. Forcing employees to return to work and paying full wages to employees corresponding to the days off work.

25. Forcing employees to return to work and pay full wages, social insurance and health insurance in the days the employees are not allowed to work.

26. Forcing a public apology to the employee and paying all treatment costs and wages to the employee during the treatment period if the violation causes bodily harm to the employee to the point of requiring treatment. at medical facilities.

27. Forcible payment of severance allowance or job loss allowance to employees plus interest on the unpaid amount.

28. Forcible payment of the full amount corresponding to the payment of social insurance, health insurance, unemployment insurance and annual leave for employees.

29. Forcible payment of compensation in kind to employees which is converted into money according to the prescribed rate.

30. Compulsory payment of travel expenses for domestic helpers.

31. Forcible payment of social insurance and health insurance for domestic workers.

32. Forcible payment of labor accident and occupational disease insurance benefits to employees.

33. Forcible payment to the employee the amount of allowance or compensation, plus the interest of that amount.

34. 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.

35. 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 .

36. 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.

37. Forced cancellation of provided training results.

38. Forcible cancellation of the inspection results and refund of the inspection costs plus the interest of that amount.

39. Forcing to ensure necessary working conditions for trade union organizations, to arrange time for trade union workers.

40. Forced correction of false information.

41. Forcible settlement of collective rights and benefits for full-time trade unionists like other employees in the same organization.

42. The employer must pay to the trade union the amount of trade union fees that have not yet been paid, paid in full, or have not yet been paid and the interest of the unpaid or late payment of the trade union fees.

43. Forcible return to the social insurance organization the amount of social insurance and unemployment allowance received.

44. Forcible payment of full money to the Overseas Employment Support Fund according to regulations.

45. Forcible payment of the deposit in accordance with regulations.

46. ​​Forcing vocational education institutions to provide vocational training for the full duration of courses registered by employees participating in unemployment insurance.

47. Forced training in vocational skills, foreign languages ​​and necessary knowledge for employees or refunding the collected training money (if any).

48. Forcible repatriation of workers at the request of the receiving country or a competent Vietnamese state agency.

49. Forced to return home.

50. Forced arrears payment of compulsory social insurance and unemployment insurance premiums, late payment, failure to pay, evasion of payment.

51. Forcible payment of interest equal to 02 times the average social insurance fund investment interest rate of the preceding year, calculated on the amount and time of late payment, failure to pay or evade payment.

Article 5. Fine level and sanctioning competence

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 and 2, Article 6. ; Clauses 3, 4, 6 Article 12; Clause 2 Article 24; Clause 1, Article 25; Clauses 1, 5, 6, 7 Article 26; Clause 5 Article 40; Clauses 1, 2, 3, 4, 5 Article 41; Clauses 2 and 4 Article 42; Clauses 1 and 2 Article 43; Clauses 1, 2, 3 Article 44; Clauses 1, 2, 3, 4, Article 45 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 sanctioning competence for individuals. In the case of fines, the sanctioning competence for organizations is equal to twice the sanctioning competence for 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 and representative offices of foreign enterprises operating in Vietnam;

c) Cooperatives, unions of cooperatives;

d) Non-business units;

dd) Socio-political organizations, socio-political-professional organizations; social organization; socio-professional organizations;

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

g) Permanent office of foreign news, press, radio and television agencies;

h) International organizations, inter-governmental organizations, organizations attached to foreign governments;

i) Non-governmental organizations;

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

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

Chapter II #

VIOLATIONS, PENALTIES AND RESULTS FOR VIOLATIONS IN LABOR REGION

Article 6. Violations against regulations on employment services

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed on an employment service enterprise that acts by notifying the employment service operation in accordance with law.

2. 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.

3. A fine ranging from VND 45.000.000 to VND 60.000.000 shall be imposed on individuals or organizations that conduct employment service activities that are not legally established employment service centers or without a License employment service activities issued by a competent authority or using an expired employment service license.

4. Remedial measures

Forcibly return the collected money to the employee, for violations specified in Clause 3 of this Article.

Article 7. 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) Failing to publicly announce the recruitment results or notify after 05 working days from the date on which the recruitment results are available;

b) Failing to report the use of labor as prescribed to the Department of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs (for employers in industrial zones) where the head office is located. , branches, representative offices;

c) Failing to report changes in labor to the Department of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs (for employers in industrial zones) where the head office is located, branches, representative offices;

d) Collecting money from employees participating in labor recruitment;

dd) Failing to make a labor management book; making a labor management book on time, failing to ensure the basic contents as prescribed by law; failing to record and enter all information about the employee in the labor management book when the labor contract takes effect; do not update information when there is a change in the labor management book.

2. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for discriminating against gender, age, ethnicity, skin color, social class, marital status, belief or religion. , HIV infection, disability.

3. Remedial measures

Forcibly return the collected money to the employee, for violations specified at Point d, Clause 1 of this Article.

Article 8. Violations against regulations on entering into labor contracts

1. A fine shall be imposed on the employer for one of the following acts: Failing to enter into a written labor contract for a job with a term of full 3 months or more; failing to enter into the correct type of labor contract with the employee; entering into an incomplete labor contract with the main contents of the labor contract; entering into a labor contract in the case of hiring a worker to act as a director in an enterprise with state capital not as prescribed by law at one of the following levels:

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

b) A fine from 5.000.000 VND to 10.000.000 VND for violations from 11 to 50 employees;

c) A fine from 10.000.000 VND to 15.000.000 VND for violations from 51 to 100 employees;

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

dd) From 20.000.000 VND to 25.000.000 VND 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 the employee's identity papers, diplomas and certificates when entering into or performing the labor contract;

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

c) Entering into labor contracts with employees from full 15 years old to under 18 years old without the written consent of the employee's legal representative.

3. Remedial measures

a) Forcible return of the originals of identity papers, diplomas and certificates kept of the employees, for the violations specified at Point a, Clause 2 of this Article;

b) Forcible return of 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 state-owned commercial banks announced at the time of sanctioning for violations specified at Point b, Clause 2 of this Article;

c) Forcing the right type of contract with the employee for the act of failing to enter into the correct type of labor contract with the employee specified in Clause 1 of this Article.

Article 9. 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 seasonal labor contracts;

b) Failing to notify the results of the work the employee has done on trial as prescribed by law.

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) At the end of the probationary period, the employee continues to work without the employer entering into a labor contract with the employee.

3. Remedial measures

a) Forcible payment of salary for that job to the employee, for violations specified at Point a, Clause 1, Points a, b, c, d, Clause 2 of this Article;

b) Forcing the conclusion of labor contracts with employees, for violations specified at Point d, Clause 2 of this Article.

Article 10. Violations against regulations on performance of labor contracts

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on the employer when temporarily transferring the employee to a job other than the labor contract but failing to notify the employee before 03 working days or failing to clearly notify the temporary working period or assigning jobs that are not suitable for the health and gender of the employees.

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 31 of the Labor Code;

b) Failure to re-employ employees after the expiration of the period of temporary suspension of the performance of the labor contract, unless otherwise agreed by the employer and the employee;

c) Transferring employees to work other than the labor contract without reason, time limit or without written consent of the employee as prescribed by law.

3. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed on employers who commit acts of forced labor or mistreat employees but are not serious enough to be prosecuted for penal liability.

4. Remedial measures

Forcible payment of wages to employees in the days of not accepting employees back to work after the expiration of the period of temporary suspension of the performance of the labor contract, for the violations specified at Point b, Clause 2 of this Article.

Article 11. Violations against regulations on amendment, supplementation and termination of labor contracts

1. A fine shall be imposed on the employer who commits one of the following acts: Modifying the term of the labor contract by the appendix of the labor contract more than once or when amending the term of the labor contract by the appendix of the labor contract. a labor contract that changes the type of labor contract entered into, except for the case of prolonging the term of the labor contract with the elderly employee and the employee being a part-time trade union official specified in Clause 6, Article 192 of the Labor Code; failing to comply with regulations on the time limit for payment of employee benefits upon termination of the labor contract; fails to pay or fails to pay enough severance allowance or job loss allowance to employees as prescribed by law; failing to pay or not paying enough compensation to the employee when unilaterally terminating the labor contract illegally; fail to complete the procedures for certification and return other papers kept by the employee after the termination of the labor contract as prescribed by law at one of the following levels:

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

b) A fine from 2.000.000 VND to 5.000.000 VND for violations from 11 to 50 employees;

c) A fine from 5.000.000 VND to 10.000.000 VND for violations from 51 to 100 employees;

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

dd) From 15.000.000 VND to 20.000.000 VND for violations of 301 employees or more.

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) Termination of 02 or more employees without giving to the representative organization of the labor collective at the grassroots level or not giving a written notice 30 days in advance to the provincial state management agency in charge of labor. in the case of structural, technological or economic changes;

b) Failing to make plans on labor use as prescribed by law.

3. Remedial measures

a) Forcible payment of severance allowance or job loss allowance to employees plus interest on the unpaid amount calculated at the highest interest rate on demand deposits of state-owned commercial banks. announce at the time of sanctioning for the act of failing to pay or not paying enough severance allowance or job loss allowance to employees specified in Clause 1 of this Article;

b) Forcible completion of procedures for certification and return of other papers that have been kept for employees for the act of failing to complete procedures for confirmation, return of other papers that have been kept by employees after termination. labor contract specified in Clause 1 of this Article.

Article 12. Violations against regulations on labor outsourcing

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

a) Failing to notify or instruct the outsourced worker to know the labor rules and other regulations of the enterprise;

b) Discrimination in working conditions for sub-contracted employees compared to employees of the enterprise.

2. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed on the outsourcer committing one of the following acts:

a) Re-employ employees to do jobs that are not on the list of jobs that can be outsourced;

b) Sign a labor outsourcing contract with the outsourcing party without a license to operate the outsourcing service;

c) Outsourcing labor when the outsourcing party is having a labor dispute, going on strike or re-hiring labor to replace the employee who is in the period of exercising the right to strike or settle labor disputes;

d) Re-employ employees to replace employees who have been laid off due to changes in structure, technology or merger, consolidation, division or separation of enterprises or for economic reasons.

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 specifying the number of outsourced employees, the outsourcing party, and the labor outsourcing fee;

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

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

d) Failing to promptly report in case of incidents related to labor outsourcing activities to the local competent state agency or at the request of the state management agency in charge of labor.

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 valuable work. equal value of the labor subcontractor; failing to notify or falsely notify the employee of the contents of the labor subleasing contract; perform the sublease without the employee's consent at one of the following levels:

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

b) A fine from 20.000.000 VND to 40.000.000 VND for violations from 11 to 50 employees;

c) A fine from 40.000.000 VND to 60.000.000 VND for violations from 51 to 100 employees;

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

dd) From 80.000.000 VND to 100.000.000 VND 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) Transfer the hired employee to another employer;

c) 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) Outsourcing labor when the outsourcing enterprise is having a labor dispute, going on strike or subleasing labor to replace the employee who is in the period of exercising the right to strike or settle disputes. labor dispute;

dd) Correcting the contents of the issued labor outsourcing license but not yet reaching the level of criminal prosecution.

7. Additional sanction

a) Deprive the right to use the labor outsourcing license for a term of between 01 and 03 months, for violations specified at Points c, d, dd, Clause 4 of this Article;

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

c) Confiscate the issued labor outsourcing license, for the violations specified at Point dd, Clause 6 of this Article.

8. Remedial measures

a) Forcing the outsourcing enterprise to pay the difference in wages to the employee, for the violations specified in Clause 4 of this Article;

b) Forcible return of illegal profits obtained from labor outsourcing activities to the state budget, for violations specified in Clause 5 of this Article.

Article 13. Violations against regulations on training, retraining and improvement of vocational skills

1. A fine shall be imposed on the employer who commits one of the following acts: Failing to provide vocational training for the employee before transferring the employee to another occupation or job; failing to sign vocational training contracts for apprentices or apprentices; failing to pay wages to apprentices during their apprenticeship or apprenticeship, but directly or participating in labor to produce qualified products; failing to enter into labor contracts with apprentices or apprentices upon the expiration of the apprenticeship or apprenticeship duration, according to one of the following levels:

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

b) A fine from 2.000.000 VND to 5.000.000 VND for violations from 11 to 50 employees;

c) A fine from 5.000.000 VND to 10.000.000 VND for violations from 51 to 100 employees;

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

dd) From 15.000.000 VND to 20.000.000 VND 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) Taking advantage of the name of vocational training or apprenticeship to make profit, exploit the labor force or entice or force apprentices or apprentices to engage in illegal activities;

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

3. Remedial measures

a) Forcible payment of wages to apprentices or apprentices when there is an act of failure to pay wages to apprentices during the apprenticeship or training period but directly or participates in the production of products conforming to the specifications specified in Clause 1 of this Article. Clause XNUMX of this Article;

b) Forc illegal activities, for the violations specified at Point a, Clause 2 of this Article.

Article 14. Violations against regulations on dialogue at work

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) Failing to comply with the regulations on democracy at the grassroots level as prescribed by law;

b) Failing to arrange a venue and ensure other physical conditions for dialogue at the workplace.

2. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed on the employer who fails to conduct the dialogue at the request of the representative of the labor collective.

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

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) Failing to send the collective labor agreement to the state management agency as prescribed;

b) Failing to pay expenses for negotiating, signing, amending, supplementing, sending and announcing the collective labor agreement;

c) Failing to disclose the contents of the signed collective labor 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 the situation of production and business activities at the request of the labor collective to conduct collective bargaining;

b) Failing to conduct collective bargaining to sign or amend or supplement the collective bargaining agreement upon receiving the request of the party requesting the negotiation.

3. A fine of between VND 10.000.000 and 15.000.000 shall be imposed on the employer for performing the contents of the collective labor agreement which has been declared invalid.

Article 16. Violations against regulations on wages

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) Failure to publicly announce the salary scale, payroll, labor norms and bonus regulations at the workplace;

b) Failure to make a salary book and present it at the request of a competent authority;

c) When changing the form of payment, the employer fails to notify the employee at least 10 days before the implementation;

d) Failure to set up wage scales, payrolls and labor norms;

dd) Using the wage scale, payroll, and labor norms in contravention of regulations when having amended and supplemented comments of the district-level state management agency in charge of labor;

e) Failure to consult the representative organization of the labor collective at the grassroots level when preparing the salary scale, payroll, labor norms and bonus regulations.

2. Fines shall be imposed on employers who commit one of the following acts: Paying wages not on time; fail to pay or pay insufficient wages to employees as agreed in the labor contract; fail to pay or pay insufficiently wages to employees doing heavy, hazardous or dangerous jobs, particularly arduous, hazardous or dangerous jobs, jobs requiring training or vocational training according to regulations provisions of law; pay wages lower than those specified in the salary scale and salary table sent to the district-level labor State management agency; fail to pay or pay insufficiently overtime wages, night work wages or stoppage wages to employees in accordance with law; withholding wages of employees in contravention of the law; improperly paying salaries to employees when temporarily transferring employees to do other jobs compared to the labor contract, during the period of temporary suspension of work, during the strike period, the days when the employee has not yet received the prescribed salary. annual leave at one of the following rates:

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

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

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

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

dd) From 40.000.000 VND to 50.000.000 VND 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 regional minimum wage prescribed by the Government at the following levels:

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

b) A fine from 30.000.000 VND to 50.000.000 VND for violations from 11 to 50 employees;

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

4. Fines shall be imposed on the employer for failing to pay an additional amount corresponding to the compulsory social insurance, compulsory health insurance, unemployment insurance and annual leave payment. for employees who are not subject to compulsory social insurance, compulsory health insurance, unemployment insurance according to the provisions of law at one of the following levels:

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

b) A fine from 5.000.000 VND to 8.000.000 VND for violations from 11 to 50 employees;

c) A fine from 8.000.000 VND to 12.000.000 VND for violations from 51 to 100 employees;

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

dd) From 15.000.000 VND to 20.000.000 VND for violations of 301 employees or more.

5. Remedial measures

a) Forcible payment of salary plus interest on late payment or underpayment to employees calculated at the highest interest rate on demand deposits announced by state-owned commercial banks at the time of payment; impose penalties for violations specified in Clauses 2 and 3 of this Article;

b) Forcible payment of the full amount corresponding to the payment of social insurance, compulsory health insurance, unemployment insurance and annual leave for employees for the violations specified in Clause 4 of this Article. this.

Article 17. 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) Failure to ensure that employees take breaks during working hours, shift shifts, leave for personal work, or take unpaid leave in accordance with regulations;

b) Failing to shorten working hours for employees in the last year before retirement as prescribed;

c) Failing to notify in writing to specialized agencies assisting the People's Committees of provinces and centrally run cities in state management of labor in their localities of 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 107 of the Labor Code.

4. A fine shall be imposed on the employer when there is an act of mobilizing employees to work overtime beyond the hours specified at Point b, Clause 2, Article 106 of the Labor Code or more than 12 hours in a day when working. in addition to public holidays, New Year's Day and weekly rest days according to one of the following levels:

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

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

c) A fine from 20.000.000 VND to 40.000.000 VND for violations from 51 to 100 employees;

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

dd) From 60.000.000 VND to 75.000.000 VND for violations of 301 employees or more.

Article 18. Violations against regulations on labor discipline and material responsibility

1. A fine of between VND 500.000 and VND 1.000.000 shall be imposed on employers who fail to publicly announce or post up the main contents of the labor regulations at necessary places at 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) Failing to register labor regulations with the provincial labor State management agency;

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

d) Handling labor discipline, compensation for damage not in accordance with the order, procedures and statute of limitations as prescribed by law;

d) Temporarily suspending the work of the employees who do not comply with the provisions of law.

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

a) Infringing upon the employee's body and dignity when handling labor discipline but not to the extent of criminal prosecution;

b) Using the form of fines or salary cuts instead of handling labor discipline;

c) Handling labor discipline for employees who commit violations not specified in the labor regulations;

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

4. Remedial measures

a) Forcibly return the collected money or pay full wages to the employees, for the violations specified at Point b, Clause 3 of this Article;

b) Forcing employees to return to work and paying full wages to employees corresponding to the days off work, for the violations specified at Point d, Clause 2, and Point c, Clause 3 of this Article;

c) Forcible payment of wages in full for the days of temporary suspension of work for employees in contravention of law, for the violations specified at Point dd, Clause 2 of this Article;

d) Forcing a public apology to the employee and paying the entire treatment cost and salary to the employee during the treatment period if the infringement causes bodily harm to the employee to the point that medical treatment is required. at medical facilities when violating the provisions of Point a, Clause 3 of this Article.

Article 19. 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 incompletely, incorrectly or on time on safety and hygiene work. labor in accordance with the law.

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on employers who fail to make statistics and periodic reports on occupational accidents and technical incidents causing unsafety and unsafety in the workplace. serious actions, occupational diseases as prescribed by law.

Article 20. 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 formulate, promulgate, and organize the implementation of plans, rules and procedures to ensure occupational safety and health at the workplace or during construction without consulting the grassroots trade union executive committee;

b) Failing to arrange a division or person to perform occupational safety and health work, or to arrange a person to perform occupational safety and health work, or medical work but that person fails to meet the requirements satisfy the conditions prescribed by 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 as prescribed;

dd) Failure to classify labor according to the list of arduous, hazardous and dangerous jobs and especially arduous, hazardous and dangerous jobs to implement the regimes as prescribed.

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 and issue plans for incident handling and emergency response 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 make false declarations about occupational accidents, 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 or occupational accident occurs.

Article 21. 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 ranging 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 employers who fail to organize periodical health check-ups, occupational disease examination for employees, unless the employer has organized periodical medical examination and occupational disease examination for the employee but the employee does not want to be examined.

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 the employee suffering from an occupational disease or an occupational accident according to the conclusion 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 occupational accidents, occupational diseases, dangerous and harmful factors and measures to ensure occupational safety and hygiene at the workplace;

b) Failing to identify and evaluate dangerous and harmful factors at the workplace.

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: Failure to provide or provide inadequate personal protective equipment or having a site that fails to meet quality, specifications or has not been certified. conforming to technical regulations or published standards applicable to people doing jobs with dangerous and hazardous elements; failing to implement the regime of fostering in kind or fostering in kind not to the extent prescribed; pay in lieu of compensation in kind to employees working in conditions with dangerous or harmful factors at one of the following levels:

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

b) A fine from 6.000.000 VND to 10.000.000 VND for violations from 11 to 50 employees;

c) A fine from 10.000.000 VND to 15.000.000 VND for violations from 51 to 100 employees;

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

dd) From 20.000.000 VND to 30.000.000 VND for violations of 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 7 and 1 of this Article). 23 of this Article and Clause XNUMX, Article XNUMX of this Decree).

10. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on employers that force employees to work or not leave the workplace when there is a risk of a dangerous occupational accident. seriously threaten their health or life or force employees to continue working when such risks have not been overcome.

11. Remedial measures

Forcing to pay the employee compensation in kind which is converted into money according to the prescribed level for acts of failing to implement the regime of in-kind compensation or providing in-kind compensation to employees not according to regulations. working in conditions with dangerous and toxic elements specified in Clause 8 of this Article.

Article 22. Violations against regulations on employers' responsibilities for occupational accidents and diseases

1. A fine ranging from VND 1.000.000 to VND 3.000.000 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 and first aid to employees suffering from occupational accidents or occupational diseases in a timely manner;

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

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

d) Failing to pay the fee for examination and 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 the medical examination and assessment of the decrease in working capacity. ability to work at the Medical Assessment Council;

dd) Failing to implement or improperly implementing the allowance and compensation regime for employees suffering from occupational accidents or diseases as prescribed.

2. Fines shall be imposed on the employer when there is one of the following acts: Discrimination 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 grounds of having performed the job or task to ensure occupational safety and health at the establishment of the employee in charge of occupational safety and health, safety and hygiene, and the employee. health service at one of the following levels:

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

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

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

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

dd) From 40.000.000 VND to 50.000.000 VND 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 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. the limit of working capacity decrease at the Medical Assessment Council, for the violations specified at Point d, Clause 1 of this Article;

d) Forcible payment to the employee the allowance and compensation amount, plus the interest of that amount calculated at the highest interest rate on demand deposits announced by the state commercial banks at the time of settlement. penalties for violations specified at Point dd, Clause 1 of this Article.

Article 23. Violations against regulations on the use of machines and equipment with strict requirements on occupational safety and hygiene

Fines shall be imposed on organizations and individuals that violate regulations on the use of machines, equipment and supplies with strict requirements on occupational safety 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 ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for violations of the national technical regulations on occupational safety and hygiene in the use of machines, equipment and supplies subject to strict requirements. strict labor 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. From 02 times to 03 times the total cost of inspecting infringing machines, equipment and supplies (calculated according to the minimum price set by the competent authority) but not less than 20.000.000 VND and no more than zero. over 75.000.000 VND for the act of failing to inspect before putting into use or not periodically inspecting during the use of machines, equipment and supplies subject to strict requirements on occupational safety.

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

Article 24. 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 an organization that conducts no-training activities without training. receive training results at one of the following levels:

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

b) A fine from 10.000.000 VND to 20.000.000 VND 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) From VND 40.000.000 to VND 50.000.000 for violations of 301 people or more.

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

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for 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) From 50.000.000 VND to 70.000.000 VND when organizing training without having the Certificate of eligibility for training activities or being suspended from training in occupational safety and health or having it revoked. The Certificate of eligibility for occupational safety and health training activities or the Certificate of eligibility for occupational safety and health training activities has expired or the training has been conducted outside the scope specified in Clause XNUMX of this Article. Certificate of eligibility for occupational safety and health training activities; correcting the content of the Certificate of eligibility for occupational safety and health training but not to the point of criminal prosecution.

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

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for 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 25.000.000 VND to 35.000.000 VND when there is an act of conducting training in the case where a Certificate of eligibility for training in occupational safety and health is required without a Certificate of eligibility; conditions of training in occupational safety and health or being suspended from training in occupational safety and health or having the Certificate of eligibility for occupational safety and health training revoked or The certificate of eligibility for occupational safety and health training has expired; training outside the scope of the Certificate of eligibility for occupational safety and health training or outside the scope of the announced eligibility for occupational safety and health training; amending the contents of the Certificate of eligibility for occupational safety and health training but not to the extent of criminal prosecution.

4. Additional sanction

a) Suspend training activities from 01 month to 03 months, for the occupational safety and health training organization that commits violations specified at Points c, d, Clause 2 of this Article and the employer. organize training on occupational safety and sanitation by themselves, committing violations specified at Points c and d, Clause 3 of this Article;

b) Confiscate the Certificate of eligibility for occupational safety and health training for acts of modifying the contents of the Certificate of eligibility for occupational safety and health training as prescribed at Point a. d Clause 2, Point d Clause 3 of this Article.

5. Remedial measures

a) Forcibly refund to production and business establishments that hire occupational safety and health training services the training costs plus the interest of such amount calculated at the highest interest rate on demand deposits of banks; commercial goods announced by the State at the time of sanctioning, for violations specified at Points b, c, d, Clause 2 of this Article;

b) Forcible cancellation of the provided training results, for violations specified at Points b, c, d, Clause 2, and Points b, c, d, Clause 3 of this Article.

Article 25. 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 one of the following acts: failing to notify the agency competent to issue the Certificate of eligibility for inspection activities when there is a change in the address of the head office; branch;

c) A fine from 40.000.000 VND to 50.000.000 VND for one of the following acts: Providing technical inspection services for occupational safety outside the scope stated in the certificate of eligibility for inspection activities; failure to properly perform the inspection process; to use an auditor whose right to use is revoked, or whose certificate of inspector is revoked, or whose certificate has expired, to conduct the inspection; using a person without a certificate of inspector to carry out the inspection; using inspectors without signing a labor contract or a job-based contract; failing to properly maintain the conditions for inspection activities according to the Certificate of eligibility for inspection activities; fail to ensure independence and objectivity in the provision of inspection services;

d) 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 ranging from VND 130.000.000 to VND 150.000.000 for one of the following acts: Carrying out inspection activities when the Certificate of eligibility for inspection activities has expired or is in the period of suspension. inspecting or having the right to use the Certificate of eligibility for technical inspection of occupational safety revoked or revoked; correcting the content of the Certificate of eligibility for inspection activities that have been issued 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: the inspector's certificate expires; inspection outside the scope stated in the inspector's certificate; Inspector certificate is revoked.

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 50.000.000 to VND 75.000.000 shall be imposed for performing inspection activities without the Certificate of eligibility for inspection activities.

6. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed on inspectors who correct the contents of the issued Inspector Certificate but not to the extent of criminal prosecution.

7. Additional sanction

a) Suspend inspection activities 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) Confiscate the Certificate of eligibility for technical inspection of occupational safety for the act of modifying the issued Certificate of eligibility for inspection activities specified at Point dd, Clause 1 of this Article. ;

c) Confiscate the inspector's certificate for any of the violations specified in Clause 6 of this Article;

d) Deprivation of the right to use the inspector's certificate from 01 month to 03 months for an inspector who conducts inspection outside the scope stated in the inspector's certificate as prescribed in Clause 3 of this Article.

8. Remedial measures

Forcible cancellation of the inspection results and refund of the inspection costs plus the interest of that amount calculated at the highest demand deposit interest rates announced by state-owned commercial banks at the time of sanctioning for the act. Violations specified at Points c, d, dd, Clause 1 of this Article, except for the act of modifying the contents of the Certificate of eligibility for inspection activities that have been issued but have not yet reached the level of criminal prosecution.

Article 26. 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 environmental monitoring organization that commits one of the following acts: failing to report annual results of operations to competent state management agencies. prescribed rights; 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 according to regulations.

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 activities, but is not Criminal prosecution.

5. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed on enterprises or organizations providing working environment monitoring services that have not yet been declared eligible for working environment monitoring activities as prescribed. under the law.

6. A fine ranging from VND 80.000.000 to VND 120.000.000 shall be imposed on a working environment monitoring organization that commits one of the following acts: cooperates with the employer to commit fraud in working environment monitoring activities. actions that have not yet reached the level of criminal prosecution; conducting monitoring of the working environment not according to the process prescribed by law.

7. A fine ranging from VND 120.000.000 to VND 140.000.000 shall be imposed on a working environment monitoring organization that provides environmental monitoring results without performing environmental monitoring as prescribed.

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.

Article 27. Violations against regulations on female labor

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) Failing to consult female employees or their representatives when deciding on issues related to women's rights and interests;

b) Do not allow female employees to take a break of 30 minutes per day during menstruation.

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 female employees to work overtime, work at night and go on a business trip in one of the following cases: Pregnant from the 07th month or from the 06th month if working in highland, remote or mountainous areas , borders, islands; are raising children under 12 months old;

b) Failing to change jobs or reduce working hours for female employees who are 07 months pregnant and are doing heavy work as prescribed in Clause 2, Article 155 of the Labor Code;

c) Not allowing female employees during the period of raising children under 12 months of age to take 60 minutes off each day;

d) Failing to secure the old job when the female employee returns to work after the maternity leave period expires as prescribed in Clauses 1 and 3, Article 157 of the Labor Code, unless the old job is no longer available;

dd) Take disciplinary action against female employees who are pregnant, taking maternity leave in accordance with the law on social insurance, and raising children under 12 months old;

e) Firing or unilaterally terminating female employees' labor contracts for reasons of marriage, pregnancy, maternity leave, or raising children under 12 months old, unless the individual employer dies. , has been declared by the Court to have lost his civil act capacity, is missing or is dead, or the non-personal employer has terminated his/her operation without reaching the level of criminal prosecution;

g) Employing female employees to do jobs that are not allowed to use female employees as prescribed in Article 160 of the Labor Code.

3. Remedial measures

a) Forcible payment of overtime wages to employees, for violations specified at Point b, Clause 1 and Point c, Clause 2 of this Article;

b) Forcible re-employment of employees when committing violations specified at Point e, Clause 2 of this Article.

Article 28. 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 keep a separate monitoring book but fail to fully record the contents as prescribed in Clause 2 Article 162 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 10.000.000 to VND 15.000.000 shall be imposed on the employer who commits one of the following acts:

a) Employing a person from full 13 years old to under 15 years old without signing a written labor contract with such person's legal representative or without the consent of the person between full 13 years old and under 15 years old. ;

b) Employing minor employees to work beyond the working hours specified in Clause 2, Article 163 of the Labor Code;

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

d) Employing people from full 15 years old to under 18 years old to work overtime or work at night, except for a number of occupations and jobs 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 juvenile workers to do heavy, hazardous or dangerous jobs or workplaces or jobs that adversely affect their personality according to the list issued by the Ministry of Labor, War Invalids and Social Affairs. assume the prime responsibility for, and coordinate with the Ministry of Health in, promulgating or employing minors to do jobs or workplaces that are prohibited from being used according to the provisions of Article 165 of the Labor Code but not yet to the extent of being prosecuted for liability. Criminal;

b) Employing people from 13 years old to under 15 years old to do jobs outside the list permitted by law as prescribed in Clause 1, Article 164 of the Labor Code;

c) Employing people under the age of 13 to do work outside the list permitted by law as prescribed in Clause 3, Article 164 of the Labor Code.

Article 29. 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 sign a written labor contract with the domestic worker;

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

2. A fine of between VND 10.000.000 and VND 15.000.000 shall be imposed on the employer who commits one of the following acts:

a) Keep the original identity papers of the domestic helper;

b) Failing to pay the domestic worker social insurance and health insurance as prescribed by law so that the employee can take care of his own insurance.

3. Remedial measures

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

b) Forcible payment of transportation fees for domestic helpers in full, for the violations specified at Point b, Clause 1 of this Article;

c) Forcible return of identification papers to domestic helpers, for the violations specified at Point a, Clause 2 of this Article;

d) Forcible payment of social insurance and health insurance premiums for domestic workers when committing violations specified at Point b, Clause 2 of this Article.

Article 30. Violations against regulations on elderly workers

A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on employers who employ elderly employees to do heavy, hazardous or dangerous jobs that adversely affect their health. prescribed elderly.

Article 31. 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) Failing to report or reporting improperly the contents and deadlines on the employment of foreign workers at the request of the state management agency in charge of labor;

b) Failing to send a copy of the signed labor contract to the agency that has issued the work permit in case the foreign worker works under the form of 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 written on the work permit or the written confirmation that the work permit is not eligible.

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

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

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

5. Additional sanction

Expulsion of foreign workers working in Vietnam when working in Vietnam but without a work permit or without a written confirmation that they are not eligible for a work permit when violating the provisions of Clause 3 of this Article .

Article 32. Violations against regulations on recruitment and employment of Vietnamese employees to work for foreign organizations and individuals in Vietnam

1. A fine of between VND 1.000.000 and 3.000.000 shall be imposed on foreign organizations and individuals in Vietnam that employ Vietnamese workers but fail to report to competent organizations to recruit and manage employees. Vietnamese laborers on recruitment and employment of Vietnamese workers according to the provisions of law.

2. A fine of between VND 5.000.000 and 10.000.000 shall be imposed on foreign organizations and individuals in Vietnam that employ Vietnamese workers without giving written notices enclosed with a copy of the labor contract. signed contracts with Vietnamese workers for organizations competent to recruit and manage Vietnamese employees working for foreign organizations and individuals in Vietnam in accordance with law.

Article 33. Violations against regulations on labor dispute settlement

1. A warning shall 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 People's Committee of the province or centrally run city.

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 or inciting, enticing or forcing workers to go on strike;

b) Obstructing employees who do not participate in the strike to work.

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 and retaliation against the workers participating in the strike, the strike leader;

c) Temporarily closing the workplace in the case specified in Article 217 of the Labor Code.

4. Remedial measures

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

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) Failing to arrange a workplace, fail to ensure necessary working facilities for trade union officials;

b) Failing to arrange time during working hours for trade union officials who are not full-time trade union activities;

c) Prohibiting upper-level trade union officials from entering the organization or enterprise for trade union activities;

d) Failing to provide information, coordinate and create favorable conditions for trade unions to exercise their rights and responsibilities to represent and protect the legitimate rights and interests of employees.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on the employer that fails to reach a written agreement with the Executive Committee of the grassroots trade union or the Executive Committee of the immediate superior trade union at the grassroots level. when unilaterally terminating the labor contract, transferring to another job under the labor contract, dismissing the employee who is a part-time trade union official but not yet to the point of criminal prosecution.

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

4. Remedial measures

Enforce the assurance of necessary working conditions for the trade union organization, and arrange time for trade union workers for violations specified at Points a and b, Clause 1 of this Article.

Article 35. Violations against regulations on discrimination for reasons of establishment, joining and operation of trade unions

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) Discrimination on wages, working hours, other rights and obligations in labor relations in order to hinder the establishment, joining and operation of trade unions of employees;

b) Failing to renew the labor contract for part-time trade union officials who are in the trade union term but the labor contract expires;

c) Disciplinary labor or illegal termination of labor contracts against employees for the reason of establishing, joining and operating a trade union;

d) Harassing, mistreating, obstructing or refusing career advancement for trade union officials;

d) Untrue information in order to lower the reputation of trade union officials among employees.

2. 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:

a) There are regulations restricting the rights of employees to participate as trade union officials;

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

c) Forcing employees to establish, join or operate a trade union.

3. Remedial measures

a) Forcible extension of labor contracts for part-time trade union officials, for violations specified at Point b, Clause 1 of this Article;

b) Forcing the employee to return to work and pay full salary, social insurance and health insurance for the days the employee is not allowed to work, for the violations specified at Point c, Clause 1 of this Article. this;

c) Forcible correction of untruthful information, for violations specified at Point dd, Clause 1 of this Article.

Article 36. Violations against regulations on the use of economic measures or other measures detrimental to trade union organizations and activities

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 wages to part-time trade union workers during trade union activities;

b) Preventing full-time trade union workers from enjoying the same collective rights and benefits as other employees in the same organization;

c) Implement economic measures or other detrimental measures affecting employees so that the employees do not join the union or do not participate in trade union activities.

2. Remedial measures

a) Forcible payment of wages to part-time trade union workers during trade union activities, for the violations specified at Point a, Clause 1 of this Article;

b) Enforce the settlement of collective rights and benefits for full-time trade unionists like other employees in the same organization, for violations specified at Point b, Clause 1 of this Article.

Article 37. 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 yet paid, 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 38. 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 500.000 to VND 1.000.000 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 carry out procedures for certification of payment of unemployment insurance premiums for employees so that employees can complete their application for unemployment insurance benefits as prescribed;

c) 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 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.

4. A fine of between 12% and 15% of the total amount payable for compulsory social insurance and unemployment insurance at the time of making the record of administrative violation, but must not exceed VND 75.000.000, for a user. Labor has 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 for insufficient number of people who are required to participate in compulsory social insurance and unemployment insurance without being evaded.

5. A fine of between 18% and 20% of the total amount payable for compulsory social insurance and unemployment insurance premium at the time of making the record of administrative violation, but must not exceed VND 75.000.000, for a user. workers do not pay compulsory social insurance, unemployment insurance for all employees who are required to participate in compulsory social insurance and unemployment insurance but not to the extent of being examined for penal liability.

6. A fine of between VND 50.000.000 and 75.000.000 shall be imposed on employers who commit acts of evading compulsory social insurance and unemployment insurance payment but not to the extent of being examined for penal liability.

7. Remedial measures

a) Forcing arrears of payment of compulsory social insurance and unemployment insurance premiums for the violations specified in Clauses 4, 5,6 of this Article;

b) Forcible payment of interest equal to 02 times the average social insurance fund investment interest rate of the preceding year, calculated on the amount and time of late payment, failure to pay or evade payment; if they fail to do so, at the request of a competent person, the bank, other credit institution, the State Treasury shall have to deduct from the employer's deposit account to pay the unpaid, late payment amount. payment and interest of this amount is calculated according to the highest demand deposit interest rate of state-owned commercial banks announced at the time of sanctioning to the account of the social insurance agency for violations. specified in Clauses 4, 5 and 6 of this Article for 30 days or more.

Article 39. 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 the 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 of between VND 5.000.000 and 10.000.000 shall be imposed on employers that commit acts of falsifying or falsifying the contents of social insurance and unemployment insurance dossiers to take advantage of the insurance regime. Social insurance, unemployment insurance but not to the extent of criminal prosecution for each dossier for social insurance and unemployment insurance benefits which are forged or falsified.

3. Remedial measures

Forcible return to the social insurance organization the amount of social insurance and unemployment allowance received due to the commission of violations specified in Clauses 1 and 2 of this Article.

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

1. A fine of from 1.000.000 VND to 2.000.000 VND for each employee, but not more than 75.000.000 VND for the employer who fails to pay the occupational accident insurance regime. within 10 days from the date of receipt of money 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 VND for the employer who misappropriates the employee's compulsory social insurance benefits.

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 dossiers for participation in compulsory social insurance and unemployment insurance for employees within 30 days from the date of signing the labor contract, working contract or recruitment;

b) Failing to make a dossier or written request within the time limit specified in Clause 2, Article 102, Clause 1, Article 103, Clause 1, Article 110, Clause 2, Article 112 of the Law on Social Insurance;

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

5. A fine of between VND 2.000.000 and 4.000.000 shall be imposed on a vocational education institution that commits one of the following acts:

a) The vocational training organization does not have enough duration of the course that the employee participating in unemployment insurance registers for, for each employee committing the violation, but not exceeding 150.000.000 VND;

b) Make agreements with relevant individuals and organizations to profit off the vocational training support money for each case of violation but not yet 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) Forcible payment of occupational accident and occupational disease insurance regimes to employees for the violations specified in Clause 1 of this Article;

b) Forcing vocational education institutions to provide vocational training for the full duration of the course registered by the employee participating in unemployment insurance, for the violations specified at Point a, Clause 5 of this Article if the employee commits the offence. request;

c) Forcing vocational education institutions to remit the profiteering money back to the state budget, for the violations specified at Point b, Clause 5 of this Article;

d) Forcible 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 is calculated according to the highest interest rate on demand deposits of state-owned commercial banks. announced at the time of sanctioning for violations specified in Clause 2 of this Article.

Chapter IV #

VIOLATIONS, PENALTY FORM, PENALTY LEVEL AND RESULTS FOR RESULTS FOR VIOLATIONS IN THE SECTION OF SHIPPING VIETNAM WORKERS WORK Abroad

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

1. A fine of between VND 5.000.000 and 10.000.000 shall be imposed on service enterprises that commit one of the following acts:

a) Failure to publish the license to provide the service of sending workers to work abroad as prescribed;

b) Failing to post publicly the service enterprise's decision on assigning tasks to the branch and a copy of the service enterprise's license to send workers to work abroad at the branch's headquarters;

c) Failing to report on the change of the leader in charge of sending Vietnamese workers to work abroad according to regulations.

2. A fine of between VND 20.000.000 and 40.000.000 shall be imposed on service enterprises that commit one of the following acts:

a) Failing to notify the branch that assigns tasks to the branch to provide the service of sending Vietnamese workers to work abroad in accordance with law;

b) Employing a leader to run the operation of sending Vietnamese workers to work abroad without a university degree or higher;

c) Using a leader to run the operation of sending workers to work abroad with less than 03 years of experience in the field of sending Vietnamese workers to work abroad or operating in the field of cooperation. and international relations.

3. A fine of between VND 50.000.000 and 70.000.000 shall be imposed on service enterprises that commit one of the following acts:

a) Failing to implement the plan to organize the operation apparatus for sending Vietnamese workers to work abroad as prescribed, from the date of issuance of the License to operate the service of sending workers to work abroad. ;

b) Failing to implement the plan to organize a specialized apparatus to foster necessary knowledge for Vietnamese workers before going to work abroad, from the date of being granted the License to operate the sending service; go to work abroad.

4. A fine of between VND 150.000.000 and 180.000.000 shall be imposed on service enterprises that commit one of the following acts:

a) Assign tasks to more than 03 branches in provinces and centrally run cities;

b) Assigning tasks to the branch not in accordance with the provisions of law;

c) The branch of a service enterprise performs beyond the scope of its assigned tasks in terms of sending Vietnamese workers to work abroad or performing tasks inconsistently with the provisions of law;

d) Sending workers to work abroad during the period of temporary suspension, suspension of the performance of labor supply contracts, suspension of operation for a definite time or after receiving a notice of not being allowed to work abroad. change the license to operate the service of sending workers to work abroad.

5. A fine of between VND 180.000.000 and 200.000.000 shall be imposed on service enterprises that commit one of the following acts:

a) Using another enterprise's license to operate the service of sending workers to work abroad to organize the sending of Vietnamese workers to work abroad;

b) Allow other organizations or individuals to use their enterprise's license to operate the service of sending workers abroad to send Vietnamese workers to work abroad;

c) Assign the task of administering the operation of sending Vietnamese workers to work abroad to the person who used to manage another service enterprise whose license to send workers to work abroad has been revoked. abroad or for people who are being disciplined in the form of warning or higher for violating the law on sending Vietnamese workers to work abroad.

6. Additional sanction

a) Suspend the operation of sending workers to work abroad from 01 to 03 months, for the violations at Points a, b, c, Clause 4 of this Article;

b) Suspend the operation of sending workers to work abroad for 04 to 06 months, for violations specified at Points b, c, Clause 2, Point d, Clause 4, and Points b and c, Clause 5 of this Article. this.

7. Remedial measures

Forced to return to the employee the money 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 sanctioning for employees. violations specified at Point d Clause 4 of this Article.

Article 42. Violations against regulations on contract registration, reporting on sending workers to work abroad

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failing to periodically or irregularly report or report dishonestly on activities of sending Vietnamese workers to work abroad as prescribed. under the law.

2. A fine for the act of sending Vietnamese workers to work abroad in excess of the number of people registered under the labor supply contract or the contract for accepting interns approved by the state agency. approval authority at one of the following levels:

a) From VND 20.000.000 to VND 40.000.000 when exceeding the registered number from 01 to 10 people;

b) From 60.000.000 VND to 100.000.000 VND when the number of registered from 11 to 50 people is exceeded;

c) From VND 150.000.000 to VND 180.000.000 when exceeding the number of registrations of more than 50 people.

3. A fine ranging from VND 75.000.000 to VND 90.000.000 shall be imposed on contractors, winning contractors, organizations and individuals investing abroad that commit acts of sending Vietnamese workers abroad to work without report or have reported but have not been approved by competent state agencies.

4. A fine ranging from VND 150.000.000 to VND 180.000.000 shall be imposed for sending workers abroad to work but failing to register the labor supply contract, the contract to receive trainees or registered but has not been approved by the competent authority.

5. Additional sanction

Suspend the operation of sending Vietnamese workers to work abroad from 06 to 12 months for service enterprises that commit violations specified in Clauses 3 and 4 of this Article.

Article 43. Violations against regulations on contract selection, signing and liquidation

1. A fine of between VND 20.000.000 and 40.000.000 shall be imposed on service enterprises that commit one of the following acts:

a) Failing to cooperate with local authorities in publicly announcing and providing employees with sufficient information on the number, selection criteria and conditions of the contract as prescribed when recruiting workers at local;

b) Failure to commit to the employee about the time to wait for exit after the employee is recruited to work abroad;

c) Not directly recruiting workers.

2. A fine ranging from VND 50.000.000 to VND 80.000.000 shall be imposed on enterprises or organizations sending workers to work abroad that commit one of the following acts:

a) Failing to sign contracts with employees as prescribed;

b) Failing to specify the expenses paid by the employee in the contract signed with the employee as prescribed;

c) Failing to liquidate or liquidate the contract of sending workers to work abroad in contravention of regulations;

d) The content of the contract to send workers to work abroad, the labor contract, the contract to send workers to internment is not consistent with the labor supply contract, the contract for accepting interns that has been approved. register;

dd) The content of the contract to send workers to work abroad between the winning enterprise, the contractor, the offshore investment organization signed with the employee, the labor contract is not consistent with the report on sending workers abroad. Vietnamese workers go to work abroad according to regulations.

3. Additional sanction

Suspend the performance of the labor supply contract from 01 to 03 months for the violations specified in Clause 2 of this Article.

Article 44. Violations against regulations on fostering vocational skills, foreign languages ​​and necessary knowledge for employees

1. A fine of between VND 2.000.000 and 5.000.000 shall be imposed on enterprises or organizations that commit one of the following acts:

a) Failing to register the form of certificate of necessary knowledge training issued to Vietnamese workers to work abroad according to regulations;

b) Failing to provide necessary training materials for employees as prescribed;

c) Failing to fully compile documents to foster necessary knowledge for employees as prescribed.

2. A fine of between VND 20.000.000 and 40.000.000 shall be imposed on enterprises or organizations that commit one of the following acts:

a) Inadequately providing necessary knowledge for workers before going to work abroad as prescribed;

b) Failing to perform or inadequately perform the examination and grant of certificates to employees after participating in the necessary knowledge refresher course.

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

a) Failing to organize or not associate with vocational education and training institutions to foster vocational skills and foreign languages ​​for workers working abroad as required by labor supply contracts; ;

b) Failing to provide necessary knowledge training for employees before going to work abroad as prescribed.

4. Additional sanction

a) Suspend the performance of labor supply contracts from 03 to 06 months, for violations specified in Clause 3 of this Article;

b) Suspend the performance of labor supply contracts from 06 months to 12 months in case of recidivism of violations specified in Clause 3 of this Article.

5. Remedial measures

Forcible training in vocational skills, foreign languages ​​and necessary knowledge for employees or refund of the collected training money (if any) for the violations specified in Clause 3 of this Article.

Article 45. Violations against regulations on collection, payment, management and use of brokerage fees, deposits, service charges and other amounts collected from employees; close the Overseas Employment Support Fund

1. A fine of between VND 10.000.000 and 20.000.000 shall be imposed on service enterprises when they commit one of the following acts:

a) Failing to guide and carry out procedures for employees receiving support from the Overseas Employment Support Fund or failing to transfer support money to workers as prescribed;

b) Failing to issue certificates of participation in the Overseas Employment Support Fund to workers as prescribed.

2. A fine of between VND 20.000.000 and 40.000.000 shall be imposed on service enterprises when they commit one of the following acts:

a) Inadequately paying the employee's contribution to the Overseas Employment Support Fund as prescribed;

b) Inadequate payment to the Overseas Employment Support Fund as prescribed.

3. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed on service enterprises when committing one of the following acts:

a) Collect recruitment fees from employees;

b) Collecting, managing, using and refunding brokerage fees in contravention of regulations;

c) Collecting service fees from employees in contravention of regulations;

d) Failing to refund or incompletely refund to the employee the portion of the service charge in proportion to the remaining time of the Contract for sending the worker to work abroad in case the employee has already paid service charges for the entire working period under the contract but must return home before the deadline due to no fault of the employee;

dd) Failing to pay employees' contributions to the Overseas Employment Support Fund as prescribed;

e) Failing to contribute to the Overseas Employment Support Fund as prescribed.

4. A fine of between VND 150.000.000 and 200.000.000 shall be imposed on service enterprises that commit one of the following acts:

a) Failing to refund the expenses paid by the employee to the service enterprise due to the failure to send the worker to work abroad;

b) Collecting, managing and using deposits from employees in contravention of regulations;

c) Failure to pay additionally and on time the deposit amount of the service enterprise as prescribed;

d) Failing to ensure enough deposit amount of the Enterprise at the Bank as prescribed.

5. Additional sanction

Suspension of activities of sending Vietnamese workers to work abroad as follows:

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

b) From 04 months to 06 months, for violations specified at Point b, Clause 4 of this Article;

c) From 06 months to 12 months, for violations specified at Point a, Clause 4 of this Article.

6. Remedial measures

a) Forcible payment of full money to the Overseas Employment Support Fund according to regulations, for violations specified at Points a and b, Clause 2, and Points dd and e, Clause 3 of this Article;

b) Forcing a full refund of money to the employee, for violations specified at Points c, d, Clause 3, Point a, Clause 4 of this Article;

c) Forcible payment of the deposit according to regulations, for violations specified at Points c and d, Clause 4 of this Article.

Article 46. Violations against regulations on organization of sending workers to work abroad and management of overseas workers

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

a) Failing to report the list of workers on exit to the Vietnamese diplomatic missions or consular offices abroad according to regulations;

b) Failing to cooperate with diplomatic missions and consular offices of Vietnam abroad in managing and protecting the legitimate interests of employees while working abroad.

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

a) Failing to organize the management and protection of the lawful rights and interests of employees sent by the enterprise to work abroad as prescribed;

b) Failing to promptly solve problems arising when the employee dies, suffers a labor accident, accident, occupational disease, life, health, honor, dignity or property are infringed. or settle disputes related to employees.

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

a) Taking advantage of activities of sending Vietnamese workers to work abroad to organize consultancy, recruitment, training, and collect money from workers;

b) Taking advantage of activities of sending Vietnamese workers to work abroad to organize the sending of Vietnamese citizens abroad in contravention of regulations;

c) Sending Vietnamese workers to work abroad without a license to provide the service of sending Vietnamese workers to work abroad under a contract and not in the case where the enterprise wins or accepts the contract. sending workers to work abroad or organizations or individuals investing abroad sending workers to work abroad or enterprises sending workers to work abroad in the form of advanced internships. highly skilled;

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

4. Additional sanction

Suspend the service enterprise's operation of sending workers to work abroad for between 06 and 12 months for the violations specified in Clause 2, Points a, b, d, Clause 3 of this Article.

5. Remedial measures

a) Forcible repatriation of workers at the request of the receiving country or a competent Vietnamese state agency, for violations specified in Clause 2, Point d, Clause 3 of this Article;

b) Forcible refund of the amount collected from the employee plus the interest of the collected amount calculated at the highest demand deposit interest rate announced by the state commercial banks at the time of sanctioning for violations specified at Point a, Clause 3 of this Article.

Article 47. Violations of employees working abroad and a number of other related subjects

1. A fine of between VND 2.000.000 and 5.000.000 shall be imposed on employees who fail to register their personal contracts at competent state agencies as prescribed.

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

a) Illegally staying abroad after the expiration of the labor contract;

b) Running away from the place of employment under the contract without being forced to work;

c) After entering the receiving country, they do not come to the workplace under the contract.

3. Remedial measures

Forced return home, for violations specified at Points a, b and c, Clause 2 of this Article.

Chapter V #

COMMITTEE TO SANCTION ADMINISTRATIVE VIOLATIONS AND MAKING MINUTES OF ADMINISTRATIVE VIOLATIONS; PROCEDURES FOR PENALTING SMALL ADMINISTRATIVE VIOLATIONS

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

Article 48. 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 49, 50, 51, 52, 53, 54 of this Decree according to their assigned functions, tasks and powers.

2. Civil servants and public employees on duty of labor inspection and examination, social insurance, sending Vietnamese workers to work abroad under contracts.

Article 49. Sanctioning competence of the President of the People's Committee

1. Chairpersons of commune-level People's Committees have the right to:

a) Caution;

b) A fine of up to 5.000.000 VND.

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

a) Caution;

b) A fine of up to VND 37.500.000 for administrative violations in the field of labor, social insurance and up to VND 50.000.000 for administrative violations in the field of sending Vietnamese workers. go to work abroad under contract;

c) Apply the additional sanction specified in Chapter II, except for the additional sanction specified in Clause 5, Article 31 of this Decree;

d) Apply remedial measures specified in Chapter II and Chapter III 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 for administrative violations in the field of labor, social insurance and up to VND 100.000.000 for administrative violations in the field of sending Vietnamese workers. go to work abroad under contract;

c) Apply the additional sanction specified in Chapter II and Chapter IV, except for the additional sanction specified in Clause 5, Article 31 of this Decree;

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

Article 50. Sanctioning competence of the Labor Inspector

1. Labor inspectors who are assigned the task of specialized inspection while on official duty have the right to issue warnings for administrative violations in the field of labor and social insurance as prescribed. specified in Chapters II and III 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 for administrative violations in the field of labor, social insurance and up to VND 50.000.000 for administrative violations in the field of sending Vietnamese workers. go to work abroad under contract;

c) Apply the additional sanction specified in Chapter II and Chapter IV, except for the additional sanction specified in Clause 5, Article 31 of this Decree;

d) 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 for administrative violations in the field of labor, social insurance and up to VND 100.000.000 for administrative violations in the field of sending Vietnamese workers. go to work abroad under contract;

c) Apply the additional sanction specified in Chapter II and Chapter IV, except for the additional sanction specified in Clause 5, Article 31 of this Decree;

d) 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 for administrative violations in the field of labor, social insurance and up to VND 70.000.000 for administrative violations in the field of sending Vietnamese workers. go to work abroad under contract;

c) Apply the additional sanction specified in Chapter II and Chapter IV, except for the additional sanction specified in Clause 5, Article 31 of this Decree;

d) 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 and social insurance, and sending Vietnamese workers away Working abroad under a contract has the right to:

a) Caution;

b) A fine of up to VND 37.500.000 for administrative violations in the field of labor, social insurance and up to VND 50.000.000 for administrative violations in the field of sending Vietnamese workers. go to work abroad under contract;

c) Apply the additional sanction specified in Chapter II and Chapter IV, except for the additional sanction specified in Clause 5, Article 31 of this Decree;

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

Article 51. Sanctioning competence of the Director of the Department of Overseas Labor

The Director of the Department of Overseas Labor has the power to sanction administrative violations specified in Chapter IV of this Decree:

1. A warning.

2. A fine of up to VND 100.000.000.

3. Apply the additional sanction specified in Chapter IV of this Decree.

4. Apply remedial measures specified in Chapter IV of this Decree.

Article 52. Sanctioning competence of the Director of the Department of Occupational Safety

The Director of the Department of Occupational Safety has the power to sanction administrative violations specified in Articles 19, 20, 21, 22, 23, 24, 25, 26 of this Decree:

1. A warning.

2. A fine of up to VND 75.000.000.

3. Apply the additional sanction specified in Articles 24, 25 and 26 of this Decree.

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

Article 53. Sanctioning competence of the Social Insurance agency

1. Provincial-level social insurance directors have the right to:

a) Caution;

b) A fine of up to 37.500.000 VND shall be imposed for the violations of social insurance and unemployment insurance contributions prescribed in Article 38 of this Decree;

c) Apply remedial measures specified in Clause 7 Article 38 of this Decree.

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

a) Caution;

b) A fine of up to 75.000.000 VND shall be imposed for the violations of social insurance and unemployment insurance contributions prescribed in Article 38 of this Decree;

c) Apply remedial measures specified in Clause 7 Article 38 of this Decree.

3. The head of a specialized inspection team established under the decision of the General Director of Vietnam Social Insurance has the right to:

a) Caution;

b) A fine of up to 52.500.000 VND shall be imposed for the violations of social insurance and unemployment insurance contributions prescribed in Article 38 of this Decree;

c) Apply remedial measures specified in Clause 7 Article 38 of this Decree.

Article 54. Sanctioning competence of other agencies

1. 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 sanction acts of violation. administrative violations specified in Chapter IV of this Decree:

a) Caution;

b) A fine of up to 100.000.000 VND;

c) Apply remedial measures to force the worker to return home at the request of the receiving country or a competent Vietnamese state agency specified in Chapter IV of this Decree.

2. The director of the Immigration Department and the director of the provincial-level police department have the right to impose penalties and apply additional sanctions for administrative violations specified in Clause 3, Article 31 of this Decree.

Section 2. PENALTY PROCEDURES

Article 55. Order and procedures for sanctioning administrative violations in the activities of sending workers to work abroad performed outside the Vietnamese territory

1. Employees who are fined abroad may pay fines at Vietnamese diplomatic missions and consular offices abroad.

2. 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.

3. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, the Ministry of Finance and the Ministry of Justice in, guiding the order and procedures for sanctioning administrative violations in sending workers to work. overseas work performed outside the territory of Vietnam.

Chapter VI #

TERMS ENFORCEMENT

Article 56. Enforcement

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

2: Decree No. 95/2013/ND-CP dated August 22, 8 of the Government providing for penalties for administrative violations in the field of labor, social insurance, sending Vietnamese workers to work in Vietnam. Foreigners under contract and Decree No. 2013/88/ND-CP dated October 2015, 07 of the Government amending and supplementing a number of articles of Decree No. 10/2015/ND-CP dated August 95, 2013 The Government's regulations on sanctioning of administrative violations in the field of labor, social insurance and sending Vietnamese workers to work abroad under contracts shall cease to be effective from the effective date of this Decree. enforcement force.

3. The act of illegally staying abroad after the contract expires specified at Point a, Clause 2, Article 47 of this Decree is an administrative violation being performed and the statute of limitations for sanctioning will be counted from time of detecting the violation.

Article 57. Transitional provisions

For acts of administrative violations in the field of labor, social insurance, sending Vietnamese workers to work abroad under contracts that occurred before the effective date of this Decree but after that is detected or is being considered or handled, the provisions on sanctioning prescribed in this Decree shall apply if this Decree does not prescribe liability or provide lighter liability for individuals, offending organization.

Article 58. 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. Ministers, heads of ministerial equivalent bodies, Government bodies, and chairmen of people's committees of provinces and cities under central authority shall be responsible for implementation of this Decree./.