Decree 283/2026/ND-CP sanctioning administrative violations in labor, social insurance and Vietnamese guest workers

DECREE

On sanctioning of administrative violations in the fields of labor, social insurance and Vietnamese guest workers

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Handling of Administrative Violations No. 15/2012/QH13, amended and supplemented under Law No. 67/2020/QH14 and Law No. 88/2025/QH15;

Pursuant to the Labor Code No. 45/2019/QH14;

Pursuant to the Law on Employment No. 74/2025/QH15;

Pursuant to the Law on Social Insurance No. 41/2024/QH15;

Pursuant to the Law on Vietnamese Guest Workers No. 69/2020/QH14;

Pursuant to the Law on Occupational Safety and Health No. 84/2015/QH13;

Pursuant to the Law on Trade Unions No. 50/2024/QH15, amended and supplemented under Law No. 97/2025/QH15;

Pursuant to the Law on Investment No. 143/2025/QH15;

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree on sanctioning of administrative violations in the fields of labor, social insurance and Vietnamese guest workers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree stipulates acts of administrative violations, sanctioning forms and levels, remedial measures for administrative violations; competence to make written records and competence to sanction administrative violations, application of sanctions against administrative violations and remedial measures in the following fields:

a) Labor, including employment, recruitment and labor management; working conditions and labor relations; occupational safety and health; grassroots-level employees’ representative organizations;

b) Social insurance;

c) Vietnamese guest workers.

2. Other administrative violations in the field of labor, social insurance and Vietnamese guest workers that are not regulated in this Decree, shall comply with regulations on sanctioning of administrative violations in relevant fields of state management.

Article 2. Subjects of application

1. Employers, workers, and other individuals and organizations committing administrative violations in the fields of labor, social insurance, and Vietnamese guest workers as prescribed in this Decree.

2. Persons competent to impose sanctions and persons competent to make written records.

3. Other agencies, organizations, and individuals involved in the sanctioning of administrative violations and the application of sanctions and remedial measures prescribed in this Decree.

Article 3. Sanctioning forms, remedial measures, statute of limitations for sanctioning administrative violations, and provisions on completed and in-progress administrative violations

1. Organizations and individuals committing administrative violations in the fields of labor, social insurance, and Vietnamese guest workers shall be subject to either caution or fine as the principal sanction.

2. Depending on the nature and severity of violations, individuals or organizations committing administrative violations may also be subject to any of the following additional sanctions:

a) Confiscating administrative violation material evidences;

b) Deprivation of the right to use practice certificates for a definite term;

c) Suspension of operation for a definite term;

d) Expulsion of foreign workers working in Vietnam.

3. Remedial measures

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

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

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

a) 01 year for administrative violations in the fields of labor and social insurance;

b) 02 years for administrative violations in the field of Vietnamese guest workers.

5. The determination of completed administrative violations and in-progress administrative violations for calculating the statute of limitations for sanctioning administrative violations shall comply with Clause 1, Article 8 of the Government's Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles of, and measures to implement, the Law on Handling of Administrative Violations, as amended and supplemented under Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

Article 4. Transfer of case files of violations showing signs of crime

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

2. In the course of considering and handling a violation case, if any of the following violations is deemed to show signs of crime, the competent person handling the case shall transfer the dossier related to the violation showing signs of crime to the agency competent to conduct criminal proceedings for penal liability examination in accordance with Article 62 of the Law on Handling of Administrative Violations:

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

b) Using forged papers or documents as specified at Point b, Clause 4, Article 13 of this Decree;

c) Illegally exploiting, sharing, or using information or data in the employee database and labor market information that has not been published or disseminated by a competent state management agency, as specified in Clause 2, Article 10 of this Decree;

d) Abusing employment service activities to infringe upon national sovereignty, national defense, security, national or ethnic interests, social order and safety, public interests, or the lawful rights and interests of agencies, organizations, or individuals, as specified at Point b, Clause 4, Article 10 of this Decree;

dd) Illegally trading, exchanging, or appropriating information or data in the employee database or labor market information that has not been published or disseminated by a competent state management agency, as specified at Point c, Clause 4, Article 10 of this Decree;

e) Infringing upon the honor, reputation, or dignity of a worker when imposing labor discipline, as specified at Point b, Clause 3, Article 25 of this Decree;

g) Abusing the sending of workers abroad for the purpose of organizing illegal exit from the country, exploiting workers or practicing forced labor, as specified at Point a, Clause 9, Article 49; Point a, Clause 8, Article 50; Point a, Clause 7, Article 51; and Point a, Clause 6, Article 52 of this Decree;

h) Forcing, inducing, enticing, or deceiving Vietnamese workers to stay abroad illegally, as specified at Point c, Clause 9, Article 49; Point c, Clause 8, Article 50; Point c, Clause 7, Article 51; Point c, Clause 6, Article 52; and Point c, Clause 3, Article 53 of this Decree;

i) Recidivating in violating the regulations on forced labor as specified at Point a, Clause 4, Article 17 of this Decree;

k) Recidivating in violating the regulations on employing workers aged full 15 years to under 18 years to perform prohibited work or work at prohibited workplaces, as specified at Point c, Clause 3, Article 27 of this Decree;

l) Recidivating in violating the regulations on payment of compulsory social insurance premiums as specified in Article 44 of this Decree; or recidivating in violating the regulations on payment of unemployment insurance premiums as specified in Article 46 of this Decree.

3. Where, after receiving the dossier specified in Clause 2 of this Article, the criminal proceeding-conducting agency does not pursue criminal liability, it shall transfer the case file to the person competent to sanction administrative violations in accordance with Clause 3, Article 62 of the Law on Handling of Administrative Violations for sanctioning administrative violations in accordance with this Decree.

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

1. Chairpersons of People’s Committees; the Director General of the Department of Overseas Labor; Directors of Departments of Home Affairs; persons of the People’s Public Security Forces competent to impose sanctions; heads of Vietnamese diplomatic missions, consular posts, and other agencies authorized to perform consular functions abroad; and civil servants and public employees performing official duties or tasks involving inspection or examination of Vietnamese guest workers under legal documents or administrative documents promulgated by competent agencies or persons shall make written records of administrative violations for the act of arbitrarily overstaying abroad after the workers’ labor contracts or vocational training contracts expire, without being threatened or coerced in any form, and such violations are not subject to penal liability examination, where any of the following grounds exists:

a) The violation is directly detected in the performance of official duties;

b) A written notice is received from a competent agency or organization of the host country regarding the worker’s violation;

c) A written notice is received from the overseas employer regarding the worker’s violation.

2. In the cases specified at Points b and c, Clause 1 of this Article, a written record of administrative violation may be made only after the information and documents have been examined and verified in accordance with law.

Article 6. Handling of administrative violations in the electronic environment

The handling of administrative violations in the fields of labor, social insurance, and Vietnamese guest workers in the electronic environment shall comply with Article 18a of the Law on Handling of Administrative Violations and Chapter IIIa of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles of, and measures to implement, the Law on Handling of Administrative Violations, amended and supplemented under Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.

Article 7. Fine levels and principles applicable to repeated administrative violations

1. The fine levels prescribed for the administrative violations specified in Chapters II, III, and IV of this Decree shall apply to individuals, except that the fine levels specified in Article 8; Article 9; Clause 3, Article 10; Clauses 3, 4, 5, and 6, Article 19; Clauses 2 and 4, Article 36; Clause 1, Article 37; Clauses 1, 5, 6, 7, and 8, Article 38; Clause 3, Article 42; Clauses 6 and 11, Article 48; Article 49; Clauses 1, 2, 3, 4, 5, 6, 7, and 8, Article 50; Clauses 1, 2, 3, 4, 5, and 6, Article 52; and Clause 4, Article 53 of this Decree shall apply to organizations. The fine imposed on an organization shall be twice the fine imposed on an individual.

2. Organizations that are fined as twice as the fines for individuals in this Decree include:

a) State agencies committing violations that fall outside their assigned state management duties;

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

c) Cooperatives and unions of cooperatives;

d) Non-business units;

dd) Socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, economic organizations, and people’s armed forces units;

e) Resident offices of foreign news agencies, press agencies, radio stations, and television stations, and representative offices of foreign publishers or foreign publication distribution organizations in Vietnam;

g) Foreign diplomatic missions and consular posts; representative offices of international organizations within the United Nations system, intergovernmental organizations, and regional and subregional organizations; and representative offices of foreign governmental organizations in Vietnam;

h) Vietnamese non-governmental organizations and foreign non-governmental organizations issued registration certificates by competent Vietnamese agencies in accordance with Vietnamese law;

i) Non-profit representative offices in Vietnam of foreign economic, trade, financial, banking, insurance, scientific and technical, cultural, educational, healthcare, and legal consultancy organizations;

k) Educational institutions, vocational education institutions, healthcare facilities, and cultural and social establishments;

l) Other organizations established in accordance with law.

3. Business households and households committing violations specified in this Decree shall be sanctioned in the same manner as individuals.

4. Organizations and individuals committing repeated administrative violations shall be sanctioned for each violation, except where they commit each of the violations specified in Clause 1, Article 42 and Articles 43, 44, 45, and 46 of this Decree at different times and such violations have not yet been handled and the statute of limitations for handling them has not expired, in which case they shall be sanctioned for only one violation and the aggravating circumstance of repeated administrative violations specified at Point b, Clause 1, Article 10 of the Law on Handling of Administrative Violations shall concurrently apply.

Chapter II

VIOLATIONS, SANCTIONS, AND REMEDIAL MEASURES FOR VIOLATIONS IN THE FIELD OF LABOR

Section 1

ADMINISTRATIVE VIOLATIONS REGARDING EMPLOYMENT, RECRUITMENT, AND LABOR MANAGEMENT

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

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on a public employment service organization committing any of the following violations:

a) Failing to publicly post its working hours and employment service provision procedures as prescribed by a competent state agency;

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

c) Failing to collect, retain, and analyze labor market forecasts within its locality.

2. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed on a public employment service organization committing any of the following violations:

a) Charging workers fees for employment counseling or job placement services; charging workers fees for the provision of labor market information;

b) Failing to receive and provide employment services on the National Employment Exchange in accordance with the guidance of the Ministry of Home Affairs;

c) Failing to ensure the security and confidentiality of personal data, labor data, and employment transaction data in accordance with law;

d) Failing to update the results on the National Employment Exchange within 20 working days from the date on which the employer issues the recruitment notice;

dd) Failing to monitor the employment status of a worker referred by the employment service organization for a period of 01 month or, where the worker enters into a labor contract with a term of less than 01 month, for the term of such labor contract.

3. Remedial measures

Forcible refund to workers of the amounts unlawfully collected, together with interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the violation specified at Point a, Clause 2 of this Article.

Article 9. Violations of regulations on employment services by employment service enterprises

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on an employment service enterprise committing any of the following violations:

a) Failing to publicly post its working schedule, rates for employment counseling and job placement services at its head office where employment service activities are conducted and its branches, and its contact information, including: Enterprise name, addresses of its head office and branches, website (if any), email address, and contact telephone number;

b) Failing to report the results of employment service activities of the enterprise and its branches to the Department of Home Affairs through the National Employment Exchange in accordance with law;

c) Failing to notify in writing or through the National Employment Exchange the Department of Home Affairs of the locality where the enterprise’s head office at which employment service activities are conducted is located and the Department of Home Affairs of the locality where the enterprise’s branch is located (where the branch is located in a province other than that in which the enterprise’s head office is located) within 10 working days from the date of issuance of the decision assigning tasks to the branch;

d) Failing to notify in writing or through the National Employment Exchange the Department of Home Affairs of the locality where the branch is located of the new location within 10 working days before the date of relocation, where the enterprise relocates its branch.

2. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on a branch of an employment service enterprise for failing to publicly post at the branch office the enterprise’s decision assigning the branch to conduct employment service activities.

3. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed on an employment service enterprise committing any of the following violations:

a) Failing to update the results on the National Employment Exchange within 20 working days from the date on which the employer issues the recruitment notice;

b) Failing to monitor the employment status of a worker referred by the enterprise for a period of 01 month or, where the worker enters into a labor contract with a term of less than 01 month, for the term of such labor contract;

c) Failing to create, update, and manage data on workers registered for employment counseling and job placement services and data on employers registered for employee recruitment, or failing to connect and share information and data in accordance with the guidance of the Ministry of Home Affairs;

d) Failing to ensure the security and confidentiality of personal data, labor data, and employment transaction data in accordance with law;

dd) Conducting employment service business by electronic commerce without connecting, sharing, and synchronizing information and data on the National Employment Exchange upon satisfying the conditions prescribed by the law on electronic commerce.

4. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an employment service enterprise committing any of the following violations:

a) Failing to publicly announce through the mass media its location, fields of operation, name of the legal representative conducting employment service activities, website (if any), email address, and contact telephone number within 20 working days from the date of commencement of employment service activities;

b) Failing to notify the Department of Home Affairs of the locality where the enterprise’s head office is located through the National Employment Exchange at least 05 working days before the date of commencement or termination of employment service activities.

Article 10. Violations of regulations on employment

1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an organization or individual for employment discrimination that does not arise from the inherent requirements of a particular job or for acts of maintaining and protecting employment for vulnerable workers, except for the discriminatory acts specified at Point a, Clause 2, Article 11; Point d, Clause 1, Article 19; Clause 2, Article 34; Clause 1, Article 40; and Point a, Clause 2, Article 41 of this Decree.

2. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed on an organization or individual for illegally exploiting, sharing, or using information or data in the employee database or labor market information that has not been published or disseminated by a competent state management agency, where such violation is not subject to penal liability examination.

3. A fine from VND 45,000,000 to VND 60,000,000 shall be imposed for conducting employment service activities without being a lawfully established employment service organization.

4. A fine from VND 50,000,000 to VND 70,000,000 shall be imposed on an organization or individual committing any of the following violations:

a) Committing fraud or forging dossiers in the implementation of employment policies or the assessment and issuance of national occupational skills certificates, where such violation is not subject to penal liability examination or is not serious enough for penal liability examination;

b) Abusing employment service activities to infringe upon national sovereignty, national defense, security, national or ethnic interests, social order and safety, public interests, or the lawful rights and interests of agencies, organizations, or individuals, where such violation is not subject to penal liability examination;

c) Illegally trading, exchanging, or appropriating information or data in the employee database or labor market information that has not been published or disseminated by a competent state management agency, where such violation is not subject to penal liability examination.

5. Additional sanctions

Confiscation of administrative violation material evidence being forged dossiers, for the violation specified at Point a, Clause 4 of this Article.

6. Remedial measures

Forcible refund to individuals and organizations using employment services of the amounts collected from them, together with interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the violation specified in Clause 3 of this Article.

Article 11. Violations of regulations on recruitment and labor management

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Failing to declare the employment of labor as prescribed;

b) Collecting money from workers participating in labor recruitment;

c) Failing to record or enter complete information on a worker in the labor management book from the date on which he/she commences work;

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

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an organization or individual committing any of the following violations:

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

b) Employing a worker who has not undergone training or does not possess a national occupational skills certificate for an occupation or job for which trained workers or workers possessing national occupational skills certificates are required;

c) Failing to report changes in labor as prescribed;

d) Failing to make a labor management book, or failing to make a labor management book within the prescribed time limit, or failing to ensure that the labor management book contains the basic contents prescribed by law.

3. A fine from VND 50,000,000 to VND 75,000,000 shall be imposed for any of the following acts: inducing, enticing, promising, making fraudulent advertisements, or employing other means to deceive workers or recruit workers for the purpose of exploitation or forced labor, where such violation is not serious enough for penal liability examination.

4. Remedial measures

Forcible refund by the employer to workers of the amounts collected from them, for the violation specified at Point b, Clause 1 of this Article.

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

1. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed on a worker subject to compulsory social insurance participation for failing to provide information or providing incomplete or inaccurate information as prescribed for use as a basis for labor registration.

2. A fine shall be imposed on an employer for failing to register or modify labor registration information for workers when submitting a dossier for registration or modification of social insurance participation information, as follows:

a) A fine from VND 5,000,000 to VND 10,000,000 for a violation involving between 01 and 50 workers;

b) A fine from VND 10,000,000 to VND 15,000,000 for a violation involving between 51 and 100 workers;

c) A fine from VND 15,000,000 to VND 20,000,000 for a violation involving 101 or more workers.

3. Remedial measures

Forcible registration or modification of labor registration information, for the violations specified in Clauses 1 and 2 of this Article.

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

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on an employer committing any of the following violations:

a) Failing to provide notification, failing to provide notification within the prescribed time limit, or providing notification containing incomplete information as prescribed in Clause 4, Article 9 of the Government’s Decree No. 219/2025/ND-CP dated August 07, 2025, providing for foreign workers working in Vietnam, where a foreign worker is not required to carry out procedures for issuance of a work permit exemption certificate;

b) Failing to provide notification, failing to provide notification within the prescribed time limit, or providing notification containing incomplete information as prescribed in Clause 5, Article 9 of the Government’s Decree No. 219/2025/ND-CP dated August 07, 2025, providing for foreign workers working in Vietnam, where a foreign worker who has been issued a work permit exemption certificate wishes to work for such employer in multiple provinces or centrally run cities;

c) Failing to provide notification, failing to provide notification within the prescribed time limit, or providing notification containing incomplete information as prescribed in Clause 5, Article 22 of the Government’s Decree No. 219/2025/ND-CP dated August 07, 2025, providing for foreign workers working in Vietnam, where a foreign worker who has been issued a work permit wishes to work for such employer in multiple provinces or centrally run cities.

2. A fine from VND 5,000,000 to VND 10,000,000 per employee, but not exceeding VND 75,000,000 in total, shall be imposed on an employer for any of the following violations:  

a) Employing a foreign worker to work inconsistently with the contents stated in the work permit or work permit exemption certificate;

b) Failing to revoke, or failing to revoke within the prescribed time limit, a work permit for return to the competent agency that issued the work permit, accompanied by a written report on the revocation, as prescribed in Clause 1, Article 31 of the Government’s Decree No. 219/2025/ND-CP dated August 07, 2025, providing for foreign workers working in Vietnam;

c) Failing to return a work permit as prescribed in Clause 2, Article 31 of the Government’s Decree No. 219/2025/ND-CP dated August 07, 2025, providing for foreign workers working in Vietnam;

d) Failing to revoke, or failing to revoke within the prescribed time limit, a work permit exemption certificate for return to the competent agency that issued the certificate, accompanied by a written report on the revocation, as prescribed in Clause 1, Article 33 of the Government’s Decree No. 219/2025/ND-CP dated August 07, 2025, providing for foreign workers working in Vietnam;

dd) Failing to return a work permit exemption certificate as prescribed in Clause 2, Article 33 of the Government’s Decree No. 219/2025/ND-CP dated August 07, 2025, providing for foreign workers working in Vietnam.

3. A fine from VND 15,000,000 to VND 25,000,000 shall be imposed on a foreign worker working in Vietnam that commits any of the following violations:

a) Working without a work permit or a work permit exemption certificate as prescribed by law;

b) Using an expired work permit or work permit exemption certificate.

4. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed on an employer committing any of the following violations:

a) Altering or falsifying documents or records in a dossier requesting the issuance, re-issuance, or renewal of a work permit or work permit exemption certificate for a foreign worker, where such violation is not serious enough for penal liability examination;

b) Using forged papers or documents in a dossier requesting the issuance, re-issuance, or renewal of a work permit or work permit exemption certificate, where such violation is not subject to penal liability examination.

5. A fine shall be imposed on an employer for employing foreign workers to work in Vietnam without work permits or work permit exemption certificates, or employing foreign workers whose work permits have expired or whose work permit exemption certificates are no longer valid, as follows:

a) A fine from VND 30,000,000 to VND 45,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 45,000,000 to VND 60,000,000 for a violation involving between 11 and 20 workers;

c) A fine from VND 60,000,000 to VND 75,000,000 for a violation involving 21 or more workers.

6. Additional sanctions

a) Confiscation of material evidence being altered or falsified papers or documents, or forged papers or documents, for the violations specified in Clause 4 of this Article;

b) Expulsion of foreign workers working in Vietnam for the violations specified in Clauses 3 and 4 of this Article.

7. Remedial measures:

a) Forcible provision of notification as prescribed, for the violations specified at Points a, b, and c, Clause 1 of this Article;

b) Forcible return of the issued work permit or work permit exemption certificate to the competent agency that issued such work permit or work permit exemption certificate, for the violations specified at Points b, c, d, and dd, Clause 2; Point b, Clause 3; and Clause 4 of this Article.

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

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on a foreign organization or individual in Vietnam for employing Vietnamese workers but failing to submit periodic reports, submitting reports containing incorrect contents, or failing to submit reports within the prescribed time limit to the agency or organization competent to recruit and manage Vietnamese workers regarding the recruitment and employment of Vietnamese workers as prescribed by law.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on a foreign organization or individual in Vietnam for failing to provide written notification as prescribed by law to the agency or organization competent to recruit and manage Vietnamese workers from the date of entering into a labor contract with a Vietnamese worker or from the date of terminating the employment of a Vietnamese worker as prescribed by law.

3. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on a Vietnamese worker for failing to comply, failing to comply within the prescribed time limit, or failing to fully comply with the regulations on management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

4. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed on a Vietnamese worker for intentionally committing a violation after having been notified of the requirement to comply with the regulations on management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

5. Remedial measures

a) Forcible reporting by foreign organizations and individuals in Vietnam on the recruitment and employment of Vietnamese workers, for the violation specified in Clause 1 of this Article; and forcible written notification as prescribed by law, for the violation specified in Clause 2 of this Article;

b) Forcible full performance by Vietnamese workers of their labor management obligations and responsibilities as prescribed by law, for the violations specified in Clauses 3 and 4 of this Article.

Section 2

ADMINISTRATIVE VIOLATIONS REGARDING WORKING CONDITIONS AND LABOR RELATIONS

Article 15. Violations of regulations on entering into labor contracts

1. A fine shall be imposed on an employer committing any of the following violations: entering into a non-written labor contract with a worker performing a job with a term of full 01 month or more; entering into a non-written labor contract with a person authorized to enter into a labor contract on behalf of a group of workers aged full 18 years or older performing seasonal work or a specific job with a term of under 12 months as specified in Clause 2, Article 18 of the Labor Code; entering into a labor contract of inappropriate type with a worker; or entering into a labor contract with incomplete principal contents as prescribed by law, as follows:

a) A fine from VND 2,000,000 to VND 5,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 5,000,000 to VND 10,000,000 for a violation involving between 11 and 50 workers;

c) A fine from VND 10,000,000 to VND 15,000,000 for a violation involving between 51 and 100 workers;

d) A fine from VND 15,000,000 to VND 20,000,000 for a violation involving between 101 and 300 workers;

dd) A fine from VND 20,000,000 to VND 25,000,000 for a violation involving 301 or more workers.

2. A fine from VND 20,000,000 to VND 25,000,000 shall be imposed on an employer committing any of the following violations:

a) Keeping originals of workers’ identity papers, diplomas or certificates when entering into or performing labor contracts;

b) Requiring workers to make deposits in cash or property as security for the performance of labor contracts;

c) Entering into labor contracts with workers of full 15 years of age to under 18 years of age without the written consent of their legal representatives.

3. Remedial measures

a) Forcible entry by the employer into a written labor contract with a worker, for entering into a non-written labor contract with a worker performing a job with a term of full 01 month or more as specified in Clause 1 of this Article;

b) Forcible entry by the employer into a written labor contract with the person authorized to enter into the labor contract on behalf of the group of workers who do seasonal or specific jobs with the term of less than 12 months, for failing to enter into a written labor contract with a person authorized to enter into the labor contract on behalf of a group of workers of full 18 years of age or older performing seasonal or specific jobs with a term of less than 12 months under Clause 2, Article 18 of the Labor Code as prescribed in Clause 1 of this Article;

c) Forcible entry by the employer into a contract of the correct type with the worker, for entering into a labor contract of inappropriate type with the worker as prescribed in Clause 1 of this Article;

d) Forcible return by the employer of the original identity papers, diplomas, and certificates retained from a worker, for the violation specified at Point a, Clause 2 of this Article;

dd) Forcible return by the employer of the money or property retained from a worker, together with interest on the retained amount calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the violation specified at Point b, Clause 2 of this Article.

Article 16. Violations of regulations on probation

1. A fine from VND 500,000 to VND 1,000,000 shall be imposed on an employer committing any of the following violations:

a) Requiring a worker employed under a labor contract with a term of under 01 month to undergo probation;

b) Failing to notify the worker of probation results upon expiration of the probationary period.

2. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed on an employer committing any of the following violations:

a) Requiring workers to undergo probation more than once for the same job;

b) Requiring a worker to undergo probation beyond the agreed period or in excess of the conditions specified in Article 25 of the Labor Code;

c) Paying a probationary wage lower than the agreed wage or lower than 85% of the wage for such job;

d) Failing to enter into a labor contract with a worker who has satisfactorily completed probation, where the parties have entered into a probation contract.

3. Remedial measures

a) Forcible payment by the employer to the worker of the full wage for such job, for the violations specified at Point a, Clause 1 and Points a, b, and c, Clause 2 of this Article;

b) Forcible entry by the employer into a labor contract with the worker, for the violation specified at Point d, Clause 2 of this Article.

Article 17. Violations of regulations on performance of labor contracts

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on an employer for temporarily assigning a worker to perform work other than that specified in the labor contract without giving the worker at least 03 working days’ prior notice; failing to notify the worker of, or clearly specify in the notice, the duration of the temporary assignment; or assigning work unsuitable for the worker’s health or gender.

2. A fine from VND 3,000,000 to VND 7,000,000 shall be imposed on an employer committing any of the following violations:

a) Arranging the worker to work at the workplace which is different from the one agreed upon in the labor contract, unless otherwise prescribed in Article 29 of the Labor Code;

b) Failing to re-employ the worker upon expiration of the period of suspension of performance of the labor contract where the labor contract remains valid, unless otherwise agreed upon by the employer and the worker or otherwise prescribed by law;

c) Assigning the worker to a job other than that stated in the labor contract for inappropriate reason; without duration or without the worker’s written consent as prescribed by law.

3. A fine from VND 15,000,000 to VND 30,000,000 shall be imposed for the act of sexual harassment in the workplace, that is not serious enough for penal liability examination.

4. A fine from VND 50,000,000 to VND 75,000,000 shall be imposed on an employer committing any of the following violations:

a) Forcing labor or maltreating workers, but not seriously enough to be examined for penal liability;

b) Forcing workers to perform labor contracts to repay debts owed to the employer.

5. Remedial measures

a) Forcible assignment by the employer of the worker to work at the workplace agreed upon in the labor contract, for the violation specified at Point a, Clause 2 of this Article;

b) Forcible receipt by the employer of the worker back to work upon expiration of the period of suspension of performance of the labor contract, unless otherwise agreed upon by the parties or otherwise prescribed by law; and forcible payment of wages to the worker for the days during which the employer failed to receive the worker back to work upon expiration of such period, for the violation specified at Point b, Clause 2 of this Article;

c) Forcible assignment by the employer of the worker to perform the work specified in the entered labor contract, for the violation specified at Point c, Clause 2 of this Article;

d) Forcible public apology at the place of residence, workplace, another location, or through the mass media, unless the victim submits a written request that no apology be made.

Article 18. Violations of regulations on amendment, supplementation, termination of labor contracts

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on any employer that fails to notify the worker in writing of the termination of the labor contract when such labor contract is terminated as prescribed in the Labor Code, unless otherwise prescribed in Clauses 4, 5, 6, 7 and 8, Article 34 of the Labor Code.

2. The fines below shall be imposed upon any employer who commits any of the following violations: Amending the term of the contract by adding an appendix to such labor contract; failing to comply with regulations on the time limit for payment of the worker’s benefits upon termination of the labor contract; failing to pay or paying inadequate severance allowance to the worker as prescribed by law; failing to pay or paying inadequate job-loss allowance to the worker as prescribed by law; failing to pay or fully pay a worker the amounts prescribed by law upon unlawful unilateral termination of the labor contract; failing to complete procedures for certification of the period of payment of social insurance and unemployment insurance premiums and return such certification together with the originals of other papers retained from the worker upon termination of the labor contract as prescribed by law; or failing to provide copies of documents related to the worker’s employment history at the worker’s request after termination of the labor contract, as follows:

a) A fine from VND 1,000,000 to VND 2,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 2,000,000 to VND 5,000,000 for a violation involving between 11 and 50 workers;

c) A fine from VND 5,000,000 to VND 10,000,000 for a violation involving between 51 and 100 workers;

d) A fine from VND 10,000,000 to VND 15,000,000 for a violation involving between 101 and 300 workers;

dd) A fine from VND 15,000,000 to VND 20,000,000 for a violation involving 301 or more workers.

3. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer committing any of the following violations:

a) Laying off the worker due to structural or technological changes or because of economic reasons in one of the following cases: failing to consult in advance with the grassroots-level employees’ representative organization, where such organization exists and the worker is a member thereof; or failing to give at least 30 days’ prior notice to the provincial-level People’s Committee or the worker;

b) In case of structural or technological changes or because of economic reasons; division, splitting, merger, consolidation; sale, lease, or conversion of the enterprise type; or transfer of the ownership or right to use assets of an enterprise or cooperative, committing any of the following violations failing to formulate a labor utilization plan; formulating a labor utilization plan that does not contain all principal contents prescribed by law; or failing to consult with the grassroots-level employees’ representative organization, where such an organization exists, when formulating the labor utilization plan;

c) Applying regulations on assessment of the level of work completion without consulting the grassroots-level employees’ representative organization, where such an organization exists.

4. Remedial measures

a) Forcible full payment by the employer to the worker of the severance allowance or job-loss allowance, together with interest on the unpaid amount calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for failing to pay or fully pay the severance allowance or job-loss allowance to the worker as specified in Clause 2 of this Article;

b) Forcible completion by the employer of the certification procedures and return to the worker of other papers retained from the worker, for failing to complete procedures for certification of the period of payment of social insurance and unemployment insurance premiums and return such certification together with the originals of other papers retained from the worker upon termination of the labor contract as prescribed by law, as specified in Clause 2 of this Article;

c) Forcible payment by the employer to the worker of an amount equivalent to the wage under the labor contract for the days for which prior notice was not given, for the violation of the prior notice period specified at Point a, Clause 3 of this Article.

Article 19. Violations of regulations on labor lease

1. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed on any labor lessee that commits any of the following violations:

a) Failing to notify or provide guidance to a subleased worker regarding any of the following: internal labor regulations; dangerous factors; hazardous factors; measures to ensure occupational safety and health at the workplace; and its other regulations;

b) Failing to organize training on occupational safety and health for leased workers as prescribed by law;

c) Failing to provide first-aid and emergency services to victims in a timely manner; failing to declare or investigate accidents when occupational accidents or technical incidents cause occupational safety and health failure for leased workers as prescribed by law;

d) Discriminating against a leased worker in terms of working conditions as compared with its own workers.

2. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed on any labor lessee that commits any of the following violations:

a) Employing leased workers to perform jobs not included in the list of jobs for which labor lease is permitted;

b) Employing leased workers supplied by an enterprise that is not a labor subleasing enterprise;

c) Employing leased workers to replace workers who are exercising their right to strike or during the settlement of a labor dispute;

d) Employing leased workers to replace workers laid off due to changes in organizational structure or technology, for economic reasons, or due to division, separation, consolidation, or merger;

dd) Transferring leased workers to another employer;

e) Employing leased workers without a specific agreement with the labor leasing enterprise on liability for compensation for occupational accidents or diseases suffered by leased workers;

g) Employing leased workers in cases other than the following: temporarily meeting a sudden increase in labor demand for a specified period; replacing workers during maternity leave or while they suffer occupational accidents or diseases or perform citizens’ obligations; or meeting the demand for workers with high professional or technical qualifications.

3. A fine from VND 1,000,000 and VND 3,000,000 shall be imposed on any labor leasing enterprise that commits any of the following violations:

a) Failing to compile a dossier specifying the number of leased workers and the labor lessee;

b) Failing to report on labor lease activities as prescribed by law;

c) Failing to cooperate with the labor lessee in investigating an occupational accident that seriously injures the leased worker as prescribed by law;

e) Failing to notify the leased worker the contents of occupational safety and health in the labor leasing contract;

dd) Failing to appoint a person to regularly supervise, coordinate, or inspect the labor lessee’s assurance of occupational safety and health for leased workers;

e) Failing to retain occupational safety and health dossiers relating to leased workers as prescribed by law.

4. A fine from VND 5,000,000 and VND 10,000,000 shall be imposed on any labor leasing enterprise that commits any of the following violations:

a) Failing to notify a competent state agency of its labor lease activities as prescribed by law, except where the enterprise holds a valid license for labor lease;

b) Failing to notify a competent state agency of the termination of its labor lease activities as prescribed by law.

5. Fines shall be imposed upon any labor lease enterprises that commits any of the following violations: paying a leased worker a wage lower than that paid to a worker of the labor lessee who has the same qualifications and performs the same work or work of equal value; failing to properly provide the benefits prescribed by law to a worker who suffers an occupational accident or disease; or failing to notify, or providing untruthful notification to, a worker of the contents of the labor leasing contract, at one of the following levels:

a) A fine from VND 10,000,000 to VND 20,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 20,000,000 to VND 40,000,000 for a violation involving between 11 and 50 workers;

c) A fine from VND 40,000,000 to VND 60,000,000 for a violation involving between 51 and 100 workers;

d) A fine from VND 60,000,000 to VND 80,000,000 for a violation involving between 101 and 300 workers;

dd) A fine from VND 80,000,000 to VND 100,000,000 for a violation involving 301 or more workers.

6. A fine from VND 80,000,000 and VND 100,000,000 shall be imposed on any labor leasing enterprise that commits any of the following violations:

a) Leasing workers to perform jobs that are not on the list of jobs for which labor lease is permitted;

b) Leasing a worker for more than 12 months;

c) Failing to make the required deposit as prescribed by law.

7. Remedial measures

a) Forcible notification by the labor leasing enterprise to the competent state agency of its labor lease activities or the termination thereof, for the violations specified in Clause 4 of this Article;

b) Forcible payment by the labor leasing enterprise to the worker of the wage difference, for paying a leased worker a wage lower than that paid to a worker of the labor lessee who has the same qualifications and performs the same work or work of equal value, as specified in Clause 5 of this Article.

Article 20. Violations of regulations on training and further training for improvement of occupational qualifications and skills

1. A fine shall be imposed on an employer committing any of the following violations: failing to provide training to a worker before assigning the worker to perform another occupation for the employer; entering into a vocational training contract that does not contain the principal contents specified in Clause 2, Article 62 of the Labor Code; collecting tuition fees from apprentices or trainees who are trained to work for the employer; failing to enter into a training contract with an apprentice or trainee who is trained to work for the employer, where the employer is not required to register vocational education activities as specified in Clause 3, Article 61 of the Labor Code; failing to pay wages to an apprentice or trainee who directly performs or participates in work during the apprenticeship or traineeship period; or failing to enter into a labor contract with an apprentice or trainee upon expiration of the apprenticeship or traineeship period when all conditions prescribed by the Labor Code are satisfied, as follows:

a) A fine from VND 500,000 to VND 2,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 2,000,000 to VND 5,000,000 for a violation involving between 11 and 50 workers;

c) A fine from VND 5,000,000 to VND 10,000,000 for a violation involving between 51 and 100 workers;

d) A fine from VND 10,000,000 to VND 15,000,000 for a violation involving between 101 and 300 workers;

dd) A fine from VND 15,000,000 to VND 20,000,000 for a violation involving 301 or more workers.

2. A fine from VND 50,000,000 to VND 75,000,000 shall be imposed on an employer committing any of the following violations:

a) Abusing vocational training or traineeship activities for personal gain or labor exploitation, or enticing or coercing apprentices or trainees into unlawful activities;

b) Recruiting persons under 14 years of age for apprenticeship or traineeship, except for occupations and jobs permitted by law;

c) Recruiting persons for traineeship to work for the employer for a traineeship period exceeding 03 months.

3. Remedial measures

a) Forcible refund by the employer of tuition fees collected from apprentices or trainees who are trained to work for the employer, for the violation specified in Clause 1 of this Article;

b) Forcible payment of wages by the employer to apprentices or trainees, for failing to pay wages to apprentices or trainees who directly perform or participate in work during the apprenticeship or traineeship period as specified in Clause 1 of this Article;

c) Forcible remittance by the employer to the state budget of illegal profits earned from the violation specified at Point a, Clause 2 of this Article;

d) Forcible termination by the employer of the apprenticeship or traineeship of persons under 14 years of age, and full payment of wages, apprenticeship or traineeship expenses, and other entitlements as agreed upon (if any), for the violation specified at Point b, Clause 2 of this Article.

Article 21. Violations of regulations on dialogues at the workplace

A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer committing any of the following violations:

1. Failing to formulate, promulgate, amend, or supplement regulations on the exercise of grassroots democracy at the workplace as prescribed by law.

2. Failing to organize periodic workplace dialogues; failing to conduct a dialogue upon request; or failing to coordinate in organizing a workers’ conference as prescribed by law.

3. Failing to publicly disclose the principal contents of a dialogue, the regulations on the exercise of grassroots democracy at the workplace, or the following contents subject to public disclosure: the list of representatives of the employer’s side and the workers’ side participating in the dialogue; the employer’s production and business situation; internal labor regulations, salary scales, payrolls, labor norms, rules, regulations, and other regulatory documents of the employer relating to the rights, obligations, and responsibilities of workers; collective bargaining agreements to which the employer is a party; the setting aside and use of reward funds, welfare funds, and funds contributed by workers (if any); the contribution of trade union funds and payment of social insurance, health insurance, and unemployment insurance premiums; the implementation of emulation and commendation, disciplinary measures, and settlement of complaints and denunciations relating to the rights, obligations, and interests of workers; and other contents prescribed by law.

4. Failing to arrange a venue and time and provide other necessary physical conditions for organizing workplace dialogues.

5. Failing to appoint representatives of the employer’s side to participate in workplace dialogues, or appointing representatives whose composition is inconsistent with regulations.

6. Failing to consult the grassroots-level employees’ representative organization (if any) and the workers’ dialogue representative group (if any) when formulating, amending, or supplementing the regulations on the exercise of grassroots democracy at the workplace.

7. Failing to report on the implementation of workplace dialogue and the regulations on the exercise of grassroots democracy at the workplace to the state management agency in charge of labor upon request.

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

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on an employer committing any of the following violations:

a) Failing to submit a collective labor agreement to the Department of Home Affairs of the locality where it is headquartered;

b) Failing to pay the expenses for the negotiation, conclusion, amendment, supplementation, submission, or publication of a collective labor agreement;

c) Failing to provide information within the prescribed time limit or providing inaccurate information on the production and business situation or other matters directly related to the bargaining contents as prescribed, at the request of the employees’ representative for the purpose of collective bargaining;

d) Failing to make the signed collective labor agreement known to the workers.

2. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed on an employer committing any of the following violations:

a) Failing to provide information on the production and business situation or other matters directly related to the bargaining contents as prescribed, at the request of the employees’ representative for the purpose of collective bargaining;

b) Failing to arrange the time, venue, or other necessary conditions for holding collective bargaining sessions.

3. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed on an employer committing any of the following violations:

a) Refusing to engage in collective bargaining upon receipt of a request from the party requesting collective bargaining;

b) Implementing the contents of a collective labor agreement that has been declared invalid;

c) Causing difficulties, obstructing, or interfering with the process by which an employees’ representative organization holds discussions, consults workers, or obtains workers’ votes on a draft collective labor agreement.

4. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed on a collective bargaining party for refusing to accept a bargaining representative invited by the other party as specified in Clause 3, Article 69 of the Labor Code.

Article 23. Violations of regulations on wages

1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer committing any of the following violations:

a) Failing to publicly disclose at the workplace, before implementation, salary scales and payrolls, labor norms, or bonus regulations;

b) Failing to formulate salary scales, payrolls, or labor norms; or failing to conduct a trial application of labor norms before officially promulgating them;

c) Failing to consult the grassroots-level employees’ representative organization, where such an organization exists, when formulating salary scales and payrolls, labor norms, or bonus regulations;

d) Failing to provide a pay statement to a worker or providing a pay statement that does not comply with regulations;

dd) Failing to provide equal pay or discriminating based on gender against workers performing work of equal value.

2. A fine shall be imposed on an employer committing any of the following violations: failing to pay wages within the time limit prescribed by law; failing to pay or fully pay wages to a worker as agreed upon in the labor contract; failing to pay or fully pay overtime wages; failing to pay or fully pay wages for night work; failing to pay or fully pay work-stoppage wages to a worker as prescribed by law; restricting or interfering with a worker’s right to decide how to spend his/her wages; forcing a worker to spend wages on purchasing goods or using services of the employer or another entity designated by the employer; deducting a worker’s wages in contravention of law; failing to pay or fully pay a worker the prescribed wages when temporarily assigning the worker to perform work other than that specified in the labor contract or during a strike; failing to pay or fully pay a worker wages for untaken annual leave days or the remaining untaken annual leave days when he/she resigns or loses job; failing to advance or fully advance wages to a worker during a period of temporary suspension from work as prescribed by law; or failing to fully pay a worker wages for the period of temporary suspension from work where the worker is not subject to labor discipline, at one of the following levels:

a) A fine from VND 5,000,000 to VND 10,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 10,000,000 to VND 20,000,000 for a violation involving between 11 and 50 workers;

c) A fine from VND 20,000,000 to VND 30,000,000 for a violation involving between 51 and 100 workers;

d) A fine from VND 30,000,000 to VND 40,000,000 for a violation involving between 101 and 300 workers;

dd) A fine from VND 40,000,000 to VND 50,000,000 for a violation involving 301 or more workers.

3. A fine shall be imposed on an employer for paying a worker a wage lower than the minimum wage prescribed by the Government, at one of the following levels:

a) A fine from VND 20,000,000 to VND 30,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 30,000,000 to VND 50,000,000 for a violation involving between 11 and 50 workers;

c) A fine from VND 50,000,000 to VND 75,000,000 for a violation involving 51 or more workers.

4. A fine shall be imposed on an employer for failing to pay, or fully pay, concurrently with each wage payment period, an amount equivalent to the employer’s contributions to compulsory social insurance, health insurance, and unemployment insurance for a worker who is not subject to participation in compulsory social insurance, health insurance, and unemployment insurance as prescribed by law, at one of the following levels:

a) A fine from VND 3,000,000 to VND 5,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 5,000,000 to VND 8,000,000 for a violation involving between 11 and 50 workers;

c) A fine from VND 8,000,000 to VND 12,000,000 for a violation involving between 51 and 100 workers;

d) A fine from VND 12,000,000 to VND 15,000,000 for a violation involving between 101 and 300 workers;

dd) A fine from VND 15,000,000 to VND 20,000,000 for a violation involving 301 or more workers.

5. Remedial measures

a) Forcible full payment by the employer to the worker of wages, together with interest on the late-paid or underpaid wages calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the violations specified in Clauses 2 and 3 of this Article;

b) Forcible full payment by the employer to the worker of an amount equivalent to the contributions to compulsory social insurance, health insurance, and unemployment insurance, together with interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the violation specified in Clause 4 of this Article.

Article 24. Violations of regulations on working time and rest time

1. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed on an employer committing any of the following violations:

a) Failing to ensure that a worker is entitled to personal leave or unpaid leave as prescribed by law;

b) Failing to notify in writing the Department of Home Affairs of the locality where overtime work is organized and the Department of Home Affairs of the locality where it is headquartered of the organization of overtime work of between more than 200 hours and 300 hours per year.

2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on an employer for violating the provisions of law on weekly breaks, annual leave, or public and New Year holidays.

3. A fine from VND 20,000,000 to VND 25,000,000 shall be imposed on an employer committing any of the following violations:

a) Applying normal working hours exceeding the number of working hours prescribed by law;

b) Requiring a worker to work overtime without the worker’s consent, unless otherwise prescribed in Article 108 of the Labor Code.

4. A fine shall be imposed on an employer committing any of the following violations: failing to allow workers to breaks during working hours or shift breaks as prescribed by law; mobilizing workers to work overtime in excess of the overtime working hours prescribed by law, as follows:

a) A fine from VND 5,000,000 to VND 10,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 10,000,000 to VND 20,000,000 for a violation involving between 11 and 50 workers;

c) A fine from VND 20,000,000 to VND 40,000,000 for a violation involving between 51 and 100 workers;

d) A fine from VND 40,000,000 to VND 60,000,000 for a violation involving between 101 and 300 workers;

dd) A fine from VND 60,000,000 to VND 75,000,000 for a violation involving 301 or more workers.

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

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on an employer for failing to notify all workers of the internal labor regulations or failing to publicly post the principal contents of the internal labor regulations at necessary locations in the workplace.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer committing any of the following violations:

a) Failing to have written internal labor regulations when employing 10 or more workers;

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

c) Failing to consult the grassroots-level employees’ representative organization, where such an organization exists, before promulgating, amending, or supplementing the internal labor regulations;

d) Applying labor regulations that have not yet taken effect or have ceased to be effective;

dd) Imposing labor discipline or requiring compensation for damage in contravention of the order, procedures, or statute of limitations prescribed by law;

e) Temporarily suspending a worker from work beyond the time limit prescribed by law;

g) Failing to consult, before temporarily suspending a worker from work, the grassroots-level employees’ representative organization of which the worker under consideration for temporary suspension is a member.

3. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed on an employer committing any of the following violations:

a) Infringing upon the health or life of a worker when imposing labor discipline, where such violation is not serious enough for penal liability examination;

b) Infringing upon the honor, reputation, or dignity of a worker when imposing labor discipline, where such violation is not subject to penal liability examination;

c) Imposing a fine or wage reduction in lieu of labor discipline;

d) Imposing labor discipline on a worker for a violation that is not specified in the internal labor regulations, agreed upon in the labor contract entered into, or prescribed by labor law;

dd) Applying multiple forms of labor discipline for a single violation of labor discipline;

e) Imposing labor discipline on a worker during a period of sick leave, convalescence leave, or leave with the employer’s consent; while the worker is being held in temporary detention or custody; or while awaiting the results of investigation, verification, and conclusion by a competent agency regarding a violation specified in Clauses 1 and 2, Article 125 of the Labor Code.

4. Remedial measures

a) Forcible reinstatement of the worker by the employer and full payment to the worker of wages under the labor contract corresponding to the number of days off, where the employer imposes dismissal as a form of labor discipline in committing the violations specified at Point dd, Clause 2 and Point d, Clause 3 of this Article;

b) Forcible full payment by the employer to the worker of wages for the days of temporary suspension from work, for the violations specified at Points e and g, Clause 2 of this Article;

c) Forcible public apology by the employer to the worker and payment of all treatment expenses and wages to the worker during the treatment period, where the infringement causes bodily injury requiring treatment at a healthcare facility, for the violation specified at Point a, Clause 3 of this Article;

d) Forcible refund by the employer of the amount collected from the worker or full payment of wages to the worker, for the violation specified at Point c, Clause 3 of this Article.

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

1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer committing any of the following violations:

a) Failing to ensure gender equality and implement measures to promote gender equality in any of the following matters, where such violation is not serious enough for penal liability examination: recruitment; assignment; job arrangement; training; working hours; rest periods; wages; and other benefits;

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

2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on an employer committing any of the following violations:

a) Requiring a pregnant worker in her seventh month of pregnancy or, if working in a highland, deep-lying, remote, border, or island area, in her sixth month of pregnancy to work overtime, work at night, or go on a long-distance business trip;

b) Requiring a worker nursing a child under 12 months of age to work overtime, work at night, or go on a long-distance business trip without the worker’s consent;

c) Failing to transfer a female worker to another job or reduce her working hours when she performs a heavy, hazardous, or dangerous occupation or job; an extremely heavy, hazardous, or dangerous occupation or job; or an occupation or job adversely affecting reproductive and child-rearing functions during pregnancy and has notified the employer thereof as specified in Clause 2, Article 137 of the Labor Code, unless otherwise agreed upon by the parties;

d) Failing to allow a female worker a 30-minute break each day during menstruation, unless otherwise agreed upon by the parties;

dd) Failing to allow a female worker nursing a child under 12 months of age a 60-minute break each day, unless otherwise agreed upon by the parties;

e) Failing to ensure employment for a worker as specified in Article 140 of the Labor Code;

g) Failing to give priority to entering into a new labor contract where a labor contract expires while a female worker is pregnant or nursing a child under 12 months of age;

h) Imposing labor discipline on a female worker during pregnancy or maternity leave as prescribed by the law on social insurance; or imposing labor discipline on a worker nursing a child under 12 months of age;

i) Dismissing a worker or unilaterally terminating a labor contract with a worker due to marriage, pregnancy, maternity leave, or nursing a child under 12 months of age, except where the individual employer dies or is declared by a Court to have lost civil act capacity, be missing, or be dead, or where the non-individual employer terminates its operation or is notified by the specialized business registration agency under the provincial-level People’s Committee that it has no legal representative or person authorized to exercise the rights and perform the obligations of the legal representative, where such violation is not serious enough for penal liability examination;

k) Failing to provide adequate information on the hazardous characteristics, risks, and requirements of a job to enable a worker to make a choice, and failing to ensure occupational safety and health conditions for the worker as prescribed when employing the worker to perform a job included in the list of occupations and jobs adversely affecting reproductive and child-rearing functions;

l) Failing to install a breast-milk expression and storage room at the workplace when employing 1,000 or more female workers.

3. Remedial measures

a) Forcible payment by the employer to the female worker of wages corresponding to the period during which she was not allowed to take breaks during menstruation as prescribed by law, for the violation specified at Point d, Clause 2 of this Article;

b) Forcible payment by the employer to the female worker of wages corresponding to the period during which she was not allowed to take breaks while nursing a child under 12 months of age as prescribed by law, for the violation specified at Point dd, Clause 2 of this Article;

c) Forcible reinstatement of the worker by the employer, for the violation specified at Point i, Clause 2 of this Article.

Article 27. Violations of regulations on minor workers

1. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed on an employer for failing to make a separate monitoring book when employing minor workers; making such a book but failing to fully record the contents specified in Clause 3, Article 144 of the Labor Code; or failing to produce the monitoring book at the request of a competent state agency.

2. A fine from VND 20,000,000 to VND 25,000,000 shall be imposed on an employer committing any of the following violations:

a) Employing a minor worker without his/her parent's or guardian's consent;

b) Employing a person under 15 years of age and failing to enter into a written labor contract with the person under 15 years of age and his/her legal representative; arranging working hours that affect the study time of the person under 15 years of age; failing to obtain a medical examination certificate from a competent medical examination and treatment establishment certifying that the person under 15 years of age is fit for the job; failing to arrange a periodic health examination at least once every 06 months; or failing to ensure working conditions and occupational safety and health appropriate to the person’s age;

c) Requiring a minor worker to work beyond the working hours specified in Article 146 of the Labor Code;

d) Requiring a person under 15 years of age to work overtime or at night;

dd) Requiring a person aged full 15 years to under 18 years to work overtime or at night in occupations or jobs not permitted by law.

3. A fine from VND 50,000,000 to VND 75,000,000 shall be imposed on an employer committing any of the following violations:

a) Employing a person aged 13 years to under 15 years to perform a job not included in the list of jobs permitted by law as specified in Clause 3, Article 143 of the Labor Code;

b) Employing a person under 13 years of age to perform a job not included in the list of jobs permitted by law as specified in Clause 3, Article 145 of the Labor Code, or employing a person under 13 years of age to perform a job permitted by law without the consent of the specialized labor agency under the provincial-level People’s Committee;

c) Employing a worker aged full 15 years to under 18 years to perform prohibited work or work at a prohibited workplace as specified in Article 147 of the Labor Code, where such violation is not serious enough for penal liability examination.

Article 28. Violations of regulations on domestic workers

1. A caution shall be imposed on an employer committing any of the following violations:

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

b) Failing to pay travel expenses for a domestic worker to return to his/her place of residence upon termination of employment, unless the domestic worker terminates the labor contract before its expiry.

2. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on an employer committing any of the following violations:

a) Failing to notify the People’s Committee of the commune, ward, or special zone of the employment or termination of employment of a domestic worker as prescribed;

b) Continuing to commit any of the violations specified in Clause 1 of this Article after having received a caution therefor.

3. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed on an employer committing any of the following violations:

a) Retaining the identity papers of a domestic worker;

b) Failing to pay a domestic worker the amounts for social insurance and health insurance as prescribed by law so that the worker may independently participate in social insurance and health insurance.

4. A fine from VND 50,000,000 to VND 75,000,000 shall be imposed on an employer for maltreating, sexually harassing, imposing forced labor on, or using violence against a domestic worker, where such violation is not serious enough for penal liability examination.

5. Remedial measures

a) Forcible entry by the employer into a written labor contract with the domestic worker, for the violation specified at Point a, Clause 1 of this Article;

b) Forcible full payment by the employer of travel expenses for the domestic worker, for the violation specified at Point b, Clause 1 of this Article;

c) Forcible return by the employer of the identity papers to the domestic worker, for the violation specified at Point a, Clause 3 of this Article;

d) Forcible full payment by the employer of the social insurance and health insurance amounts to the domestic worker, for the violation specified at Point b, Clause 3 of this Article.

Article 29. Violations of regulations on elderly workers and workers with disabilities

1. A fine from VND 5,000,000 to VND 10,000,000 per worker shall be imposed on an employer committing any of the following violations:

a) Failing to consult a worker with disabilities when deciding on matters related to his/her rights and interests;

b) Requiring a worker with a mild disability resulting in a reduction in working capacity of 51% or more, a severe disability, or an extremely severe disability to work overtime or at night without the worker’s consent.

2. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed on an employer for employing an elderly worker to perform a heavy, hazardous, or dangerous occupation or job, or an extremely heavy, hazardous, or dangerous occupation or job, that adversely affects the elderly worker’s health, unless safe working conditions are ensured.

Article 30. Violations of regulations on strikes

1. A caution shall be imposed on a worker for participating in a strike after the chairperson of the provincial-level People’s Committee has issued a decision to postpone or suspend the strike.

2. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed on a worker committing any of the following violations:

a) Obstructing the exercise of the right to strike, or inciting, inducing, or coercing workers to strike;

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

c) Using violence or destroying the employer’s machinery, equipment, or property, where such violation is not serious enough for penal liability examination.

3. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer committing any of the following violations:

a) Terminating the labor contract of, imposing labor discipline on, assigning to another job, or transferring to another workplace a worker or strike leader because of preparations for or participation in a strike;

b) Victimizing or retaliating against a worker participating in a strike or a strike leader;

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

d) Causing difficulties, obstructing, or interfering with the process by which a grassroots-level employees’ representative organization consults workers regarding a strike.

4. Remedial measures

a) Forcible reinstatement by the employer of a worker or strike leader upon his/her labor contract termination, or forcible cancellation of a decision to impose labor discipline on or assign the worker or strike leader to another job or workplace because of preparations for or participation in a strike, and full payment of wages to the worker for the period of termination of the labor contract, for the violation specified at Point a, Clause 3 of this Article;

b) Forcible payment by the employer of wages to workers for the days during which the workplace was temporarily closed, for the violation specified at Point c, Clause 3 of this Article.

Section 3

VIOLATIONS REGARDING OCCUPATIONAL SAFETY AND HEALTH

Article 31. Violations of regulations on reporting on occupational safety and health activities

1. A fine from VND 500,000 to VND 1,000,000 shall be imposed on a worker for failing to promptly report to the responsible person upon detecting a risk of technical incidents endangering occupational safety and health, occupational accident, or occupational disease.

2. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on an employer for failing to report or failing to report within the prescribed time limit on occupational safety and health activities as prescribed by law.

3. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer committing any of the following violations: failing to compile statistics on occupational accidents; failing to submit periodic reports, or submitting incomplete or inaccurate reports or failing to submit reports within the prescribed time limit, on occupational accidents and diseases; or failing to submit periodic reports, or submitting incomplete or inaccurate reports or failing to submit reports within the prescribed time limit, on serious technical incidents endangering occupational safety and health as prescribed by law.

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

Fines shall be imposed for violations of regulations on measures to ensure occupational safety and health that are not serious enough for penal liability examination, as follows:

1. A fine from VND 500,000 to VND 1,000,000 shall be imposed on an employer for failing to prepare an occupational environment hygiene dossier on hazardous factors and prevention and control of occupational diseases as prescribed by law.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer committing any of the following violations:

a) Failing to formulate, promulgate, or organize the implementation of plans, internal regulations, or procedures for ensuring occupational safety and health at the workplace, or failing to consult the establishment’s trade union executive committee when formulating them;

b) Failing to arrange a division or person in charge of occupational safety and health, or arranging a person in charge of occupational safety and health who fails to fully satisfy the conditions prescribed by law; failing to arrange a medical division or person, failing to enter into a contract with a duly qualified medical examination and treatment establishment as prescribed, or arranging a person in charge of medical affairs who fails to fully satisfy the conditions prescribed by law;

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

d) Failing to provide training for first-aid and emergency-aid personnel at the workplace, or providing training that fails to comply with regulations.

3. A fine from VND 20,000,000 to VND 25,000,000 shall be imposed on an employer committing any of the following violations:

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

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

c) Failing to formulate and promulgate an incident response or emergency response plan at the workplace;

d) Failing to formulate a plan on measures to ensure occupational safety and health at workers’ workplaces when newly constructing, expanding, or renovating works or facilities for the production, use, preservation, or storage of machinery, equipment, supplies, or substances subject to strict occupational safety and health requirements;

dd) Failing to investigate an occupational accident falling under its responsibility as prescribed by law; failing to report, failing to timely submit report, or making an untruthful report on an occupational accident; or failing to report, failing to timely submit report, or making an untruthful report on a serious technical incident endangering occupational safety and health;

e) Failing to provide sufficient and appropriate shower rooms and toilets at the workplace as prescribed by law;

g) Failing to provide technical and medical equipment to ensure prompt emergency response and first aid upon the occurrence of a serious technical incident endangering occupational safety and health or causing an occupational accident;

h) Failing to provide documents, objects, or equipment related to an occupational accident at the request of a provincial-level occupational accident investigation team or the central-level occupational accident investigation team.

4. A fine shall be imposed on an employer for failing to provide or fully provide labor protection and healthcare benefits to workers performing heavy, hazardous, or dangerous occupations or jobs, or extremely heavy, hazardous, or dangerous occupations or jobs, as prescribed by law, at one of the following levels:

a) A fine from VND 5,000,000 to VND 10,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 10,000,000 to VND 20,000,000 for a violation involving between 11 and 50 workers;

c) A fine from VND 20,000,000 to VND 40,000,000 for a violation involving between 51 and 100 workers;

d) A fine from VND 40,000,000 to VND 60,000,000 for a violation involving between 101 and 300 workers;

dd) A fine from VND 60,000,000 to VND 75,000,000 for a violation involving 301 or more workers.

5. Remedial measures

Forcible full provision by the employer of labor protection and healthcare benefits to workers as prescribed by law, for the violation specified in Clause 4 of this Article.

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

Fines shall be imposed as follows for violations of regulations on prevention of occupational accidents and diseases that are not serious enough for penal liability examination:

1. A fine from VND 500,000 to VND 1,000,000 shall be imposed on a worker committing any of the following violations:

a) Failing to use the personal protective equipment provided;

b) Failing to participate in emergency response and remediation of incidents or occupational accidents when ordered by the employer or a competent state agency.

2. A fine from VND 1,000,000 to VND 3,000,000 per worker, but not exceeding VND 75,000,000 in total, shall be imposed on an employer for failing to arrange periodic health examinations or occupational disease screening for workers.

3. A fine from VND 5,000,000 to VND 10,000,000 per worker, but not exceeding VND 75,000,000 in total, shall be imposed on an employer for failing to arrange a health examination for a worker before transferring the worker to a heavier, more hazardous, or more dangerous occupation or job, or before the worker returns to work after recovering from an occupational accident or disease, except where the worker has undergone a medical assessment of the degree of reduction in working capacity by the medical assessment council.

4. A fine from VND 10,000,000 to VND 15,000,000 per worker, but not exceeding VND 75,000,000 in total, shall be imposed on an employer committing any of the following violations:

a) Failing to provide treatment, convalescence, or rehabilitation for a worker suffering from an occupational disease or accident;

b) Failing to assign a job suitable for the health of a worker suffering from an occupational disease or accident in accordance with the conclusion of the medical assessment council.

5. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed on an employer committing any of the following violations:

a) Failing to inform workers of any of the following: the situation of occupational accidents and diseases; dangerous and hazardous factors; or measures to ensure occupational safety and health at the workplace;

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

c) Failing to provide warning signs and instruction boards in Vietnamese and a language commonly used by workers regarding occupational safety and health for machinery, equipment, supplies, and substances subject to strict occupational safety and health requirements at workplaces and places where they are stored, preserved, or used, or failing to place such signs and boards in easily visible and legible locations.

6. A fine from VND 15,000,000 to VND 20,000,000 shall be imposed on an employer for failing to formulate plans for, implement, consolidate, and assess occupational safety and health risks at production and business establishments at high risk of occupational accidents and diseases.

7. A fine from VND 20,000,000 to VND 25,000,000 shall be imposed on an employer committing any of the following violations:

a) Failing to immediately take remedial measures or cease the operation of machinery, equipment, or a workplace posing a risk of occupational accidents or diseases;

b) Failing to take detoxification or disinfection measures for workers working at places involving factors that may cause poisoning or infection;

c) Failing to organize incident response or emergency response upon detecting a risk or upon the occurrence of an occupational accident or technical incident endangering occupational safety and health at the workplace that is beyond the employer’s control.

8. A fine shall be imposed on an employer committing any of the following violations: failing to provide or fully provide personal protective equipment, or providing personal protective equipment that fails to satisfy the prescribed quality requirements; failing to provide in-kind allowances or providing in-kind allowances below the prescribed level; or paying money in lieu of in-kind allowances to workers working under conditions involving dangerous or hazardous factors, at one of the following levels:

a) A fine from VND 3,000,000 to VND 6,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 6,000,000 to VND 10,000,000 for a violation involving between 11 and 50 workers;

c) A fine from VND 10,000,000 to VND 15,000,000 for a violation involving between 51 and 100 workers;

d) A fine from VND 15,000,000 to VND 20,000,000 for a violation involving between 101 and 300 workers;

dd) A fine from VND 20,000,000 to VND 30,000,000 for a violation involving 301 or more workers.

9. A fine from VND 25,000,000 to VND 40,000,000 shall be imposed on an employer for violating national technical regulations on occupational safety and health, except for the violations specified in Clause 8 of this Article and Article 35 of this Decree.

10. A fine from VND 30,000,000 to VND 40,000,000 shall be imposed on an employer committing any of the following violations:

a) Forcing a worker to work when there is a risk of an occupational accident posing a serious threat to the worker’s health or life in contravention of law;

b) Preventing a worker from leaving the workplace when there is a risk of an occupational accident posing a serious threat to the worker’s health or life in contravention of law;

c) Forcing a worker to continue working before risks of occupational accidents posing a serious threat to the worker’s health or life have been remedied, in contravention of law.

11. Remedial measures

a) Forcible arrangement of health examinations and occupational disease screening for workers as prescribed, for the violation specified in Clause 2 of this Article. Where a worker has undergone such examination or screening at his/her own expense, forcible reimbursement to the worker of the costs of the health examination and occupational disease screening;

b) Forcible payment by the employer to the worker of an amount equivalent to the in-kind allowance at the prescribed level, for failing to provide an in-kind allowance or providing an in-kind allowance below the prescribed level to a worker working under conditions involving dangerous or hazardous factors, as specified in Clause 8 of this Article.

Article 34. Violations of regulations on employers’ responsibilities for occupational accidents and diseases

Fines shall be imposed for violations of regulations on employers’ responsibilities for occupational accidents and diseases that are not serious enough for penal liability examination, as follows:

1. A fine from VND 2,000,000 to VND 4,000,000 per worker, but not exceeding VND 75,000,000 in total, shall be imposed on an employer committing any of the following violations:

a) Failing to promptly provide first aid or emergency aid to a worker suffering an occupational accident;

b) Failing to pay the co-payment portion or expenses not included in the list of expenses covered by health insurance for a worker participating in health insurance who suffers an occupational accident or disease;

c) Failing to advance first-aid or emergency-aid expenses, or failing to pay all medical expenses from the time of first aid or emergency aid until the worker’s condition stabilizes, for a worker not participating in health insurance who suffers an occupational accident or disease;

d) Failing to refer a worker suffering an occupational accident or disease for medical assessment and determination of the degree of reduction in working capacity, or for treatment, convalescence, or occupational rehabilitation as prescribed by law;

dd) Failing to pay the costs of assessment of the degree of reduction in working capacity for which the employer is responsible as prescribed by law;

e) Failing to provide, fully provide, or timely provide compensation or allowances to a worker suffering an occupational accident or disease as prescribed by law.

2. A fine shall be imposed on an employer committing any of the following violations: discriminating against a worker because the worker refuses to perform a job or leaves the workplace upon clearly perceiving a risk of an occupational accident posing a serious threat to his/her life or health; or discriminating against a person in charge of occupational safety and health, an occupational safety and health officer, or a person in charge of medical affairs because such person has performed work or duties to ensure occupational safety and health at the establishment, at one of the following levels:

a) A fine from VND 5,000,000 to VND 10,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 10,000,000 to VND 20,000,000 for a violation involving between 11 and 50 workers;

c) A fine from VND 20,000,000 to VND 30,000,000 for a violation involving between 51 and 100 workers;

d) A fine from VND 30,000,000 to VND 40,000,000 for a violation involving between 101 and 300 workers;

dd) A fine from VND 40,000,000 to VND 50,000,000 for a violation involving 301 or more workers.

3. Remedial measures

a) Forcible payment by the employer of the co-payment portion and expenses not included in the list of expenses covered by health insurance for a worker participating in health insurance who suffers an occupational accident or disease, for the violation specified at Point b, Clause 1 of this Article;

b) Forcible payment by the employer of all medical expenses from the time of first aid or emergency aid until the worker’s condition stabilizes, for a worker not participating in health insurance who suffers an occupational accident or disease, for the violation specified at Point c, Clause 1 of this Article;

c) Forcible referral by the employer of a worker suffering an occupational accident or disease for medical assessment and determination of the degree of reduction in working capacity, or for treatment, convalescence, or occupational rehabilitation as prescribed by law, for the violation specified at Point d, Clause 1 of this Article;

d) Forcible payment by the employer of the costs of assessment of the degree of reduction in working capacity in cases where the employer refers the worker to the medical assessment council to determine his/her level of work capacity reduction and the assessment concludes that the degree of reduction is below 5%, for the violation specified at Point dd, Clause 1 of this Article;

dd) Forcible payment by the employer to the worker of allowances and compensation, together with interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the violation specified at Point e, Clause 1 of this Article.

Article 35. Violations of regulations on the use of machinery and equipment subject to strict occupational safety and health requirements

Fines shall be imposed as follows for violations of regulations on the use of machinery, equipment, and supplies subject to strict occupational safety requirements that are not serious enough for penal liability examination:

1. A fine from VND 1,000,000 to VND 2,000,000 for failing to declare to the local Department of Home Affairs, within 30 days from the date of putting into use, machinery, equipment, supplies, or substances subject to strict occupational safety requirements.

2. A fine from VND 5,000,000 to VND 10,000,000 for failing to fully retain technical dossiers of machinery, equipment, or supplies subject to strict occupational safety requirements.

3. A fine from VND 15,000,000 to VND 20,000,000 for any of the following violations: violating any provision of the national technical regulations on occupational safety and health in the use of machinery, equipment, or supplies subject to strict occupational safety requirements; using machinery, equipment, or supplies subject to strict occupational safety requirements that have not been certified as conforming to the corresponding national technical regulations; or using machinery, equipment, or supplies subject to strict occupational safety and health requirements that have no clear origin or have exceeded their service life.

4. Fine levels for failing to inspect, before putting into use, or periodically inspect during use, machinery, equipment, or supplies subject to strict occupational safety and health requirements as prescribed by law are as follows:

a) A fine from VND 20,000,000 to VND 30,000,000 for a violation involving between 01 and 03 machines, pieces of equipment, or supplies;

b) A fine from VND 30,000,000 to VND 50,000,000 for a violation involving between 04 and 10 machines, pieces of equipment, or supplies;

c) A fine from VND 50,000,000 to VND 75,000,000 for a violation involving between 11 and 20 machines, pieces of equipment, or supplies;

d) A fine of VND 75,000,000 for a violation involving 21 or more machines, pieces of equipment, or supplies.

5. A fine from VND 50,000,000 to VND 75,000,000 for continuing to use machinery, equipment, or supplies subject to strict occupational safety and health requirements that have been inspected but failed to satisfy the inspection requirements.

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

1. A fine shall be imposed on an employer for failing to organize occupational safety and health training for workers as prescribed by law; reaching an agreement with a training organization to receive training results without providing training; or employing a worker who has not been issued a safety card as prescribed by law to perform a job subject to strict occupational safety and health requirements before assigning the worker to such job, at one of the following levels:

a) A fine from VND 5,000,000 to VND 10,000,000 for a violation involving between 01 and 10 workers;

b) A fine from VND 10,000,000 to VND 20,000,000 for a violation involving between 11 and 50 workers;

c) A fine from VND 20,000,000 to VND 30,000,000 for a violation involving between 51 and 100 persons;

d) A fine from VND 30,000,000 to VND 40,000,000 for a violation involving between 101 and 300 persons;

dd) A fine from VND 40,000,000 to VND 50,000,000 for a violation involving 301 or more persons.

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

a) A fine from VND 1,000,000 to VND 3,000,000 for failing to report on occupational safety and health training activities as prescribed by law;

b) A fine from VND 10,000,000 to VND 20,000,000 for failing to satisfy any of the following conditions when organizing each training class: failing to provide a training venue appropriate to the class size, training contents, and form of training (theoretical or practical); assigning a trainer who fails to satisfy the prescribed trainer standards; using training materials inappropriate for the trainees, training contents, or training program; using materials that have not been updated in accordance with relevant laws, standards, and technical regulations; failing to provide all required contents when conducting mandatory training under the prescribed framework program; failing to ensure occupational safety and health for practical contents as prescribed by law; organizing and managing training classes and trainers in contravention of law; or conducting examinations and assessments of training results and retaining dossiers in contravention of law;

c) A fine from VND 30,000,000 to VND 50,000,000 for any of the following violations: providing training results without conducting training; providing training results inconsistent with the contents of the training provided;

d) A fine from VND 120,000,000 to VND 140,000,000 for any of the following violations: conducting training activities during the period of suspension of occupational safety and health training activities; providing training outside the training scope publicly announced as prescribed by law; conducting training activities without having notified the Department of Home Affairs of the commencement of training service provision as prescribed by law (applicable to a training organization that has never been issued a certificate of eligibility for occupational safety and health training activities or whose certificate has expired); failing to satisfy the personnel conditions prescribed by law during the provision of training services; failing, during the provision of training services, to ensure ownership or lawful use rights over physical facilities, equipment, and training materials appropriate to the trainees and training contents provided by the organization as prescribed by law; or forging documents or records concerning the conditions and requirements to be satisfied during the provision of training services as prescribed by law, where such violation is not subject to penal liability examination.

3. A fine shall be imposed on an employer that organizes occupational safety and health training itself and violates the regulations on occupational safety and health training activities, at one of the following levels:

a) A fine from VND 1,000,000 to VND 3,000,000 for failing to report on occupational safety and health training activities as prescribed by law;

b) A fine from VND 10,000,000 to VND 20,000,000 for failing to satisfy any of the following conditions when organizing each training class: failing to provide a training venue appropriate to the class size, training contents, and form of training (theoretical or practical); employing a trainer who fails to satisfy the prescribed trainer standards; using training materials inappropriate for the trainees, training contents, or training program; using materials that have not been updated in accordance with relevant laws, standards, and technical regulations; failing to provide all required contents when conducting mandatory training under the prescribed framework program; failing to ensure occupational safety and health for practical contents as prescribed by law; organizing and managing training classes and trainers in contravention of law; or conducting examinations and assessments of training results and retaining dossiers in contravention of law;

c) A fine from VND 15,000,000 to VND 25,000,000 for any of the following violations: providing training results without conducting training; providing training results inconsistent with the contents of the training provided;

d) A fine from VND 60,000,000 to VND 70,000,000 for any of the following violations: conducting training activities during the period of suspension of occupational safety and health training activities; failing to satisfy the personnel conditions prescribed by law during the provision of training services; failing, during the provision of training services, to ensure ownership or lawful use rights over physical facilities, equipment, and training materials appropriate to the trainees and training contents provided by the organization as prescribed by law; or forging documents or records concerning the conditions and requirements to be satisfied during the provision of training services as prescribed by law.

4. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an occupational safety and health training organization for any of the following violations:

a) Failing, before commencing the provision of training services, to publicly disclose information on the training organization (name of the organization; address of its head office; name of its head; website, if any; email address; contact telephone number; training class; training scope; and official date of commencement of training service provision) through the mass media and on the website of the central-level state management agency in charge of occupational safety and health as prescribed by law;

b) Failing to send a notification, or failing to send a notification within the prescribed time limit, to the competent state agency as prescribed by law before the official date of commencement of training service provision, except where the training organization holds a valid certificate of eligibility for occupational safety and health training activities;

c) Failing to send a notification, or failing to send a notification within the prescribed time limit, to the competent state agency as prescribed by law upon a change in the address of its head office;

d) Failing to send a notification to the competent state agency as prescribed by law upon termination of training activities;

dd) Failing to send a notification, or failing to send a notification within the prescribed time limit, to the competent state agency as prescribed by law when wishing to change the trainees, training scope, or training class.

5. Additional sanctions

a) Suspension of occupational safety and health training activities for a period from 01 month to 03 months, for the occupational safety and health training organization committing any of the violations specified at Points b, c, and d, Clause 2 of this Article;

b) Suspension of occupational safety and health training activities for a period from 01 month to 03 months for an employer that organizes occupational safety and health training itself and commits any of the violations specified at Points b, c, and d, Clause 3 of this Article;

c) Confiscation of administrative violation material evidence being forged documents or records, for the act of forging papers or documents specified at Point d, Clause 2 and Point d, Clause 3 of this Article.

6. Remedial measures

a) Forcible cancellation by the occupational safety and health training organization of the training results provided, for the violations specified at Points b, c, and d, Clause 2 of this Article;

b) Forcible cancellation by the employer that organizes occupational safety and health training itself of the training results provided, for the violations specified at Points b, c, and d, Clause 3 of this Article;

c) Forcible completion by the occupational safety and health training organization of notification procedures for the provision of occupational safety and health training services as prescribed by law, for the violations specified in Clause 4 of this Article.

Article 37. Violations of regulations on occupational safety inspection

1. Fines shall be imposed on any organization conducting occupational safety inspection that violates regulations on occupational safety inspection as follows:

a) A fine from VND 1,000,000 to VND 3,000,000 for failing to report the occupational safety inspection as prescribed;

b) A fine from VND 3,000,000 to VND 5,000,000 for any of the following violations: failing to notify, as prescribed, the agency competent to issue certificates of eligibility for occupational safety inspection of a change in the address of its head office or branch; or failing to affix an inspection stamp or display inspection information on an inspected object after issuing a certificate of inspection results to the organization or individual using the inspected object as prescribed;

c) A fine from VND 40,000,000 to VND 50,000,000 for any of the following violations: providing occupational safety inspection services beyond the scopes specified in the certificate of eligibility for occupational safety inspection; failing to carry out inspection activities in accordance with the inspection process; employing an inspector whose certificate of inspector is revoked or expired to conduct the inspection; employing a person who has not yet obtained a certificate of inspector to conduct the inspection; employing an inspector without signing a labor contract or work contract; failing to maintain sufficient conditions for occupational safety inspection as prescribed by law; failing to ensure the independence and objectivity in the provision of inspection services;

d) A fine from VND 80,000,000 to VND 100,000,000 for any of the following violations: providing untruthful inspection results; providing inspection results without carrying out the inspection;

dd) A fine from VND 120,000,000 to VND 140,000,000 for any of the following violations: carrying out the inspection when the inspection organization is suspended from inspection in occupational safety or its certificate of eligibility for inspection is expired or revoked; altering or falsifying the contents of an issued certificate of eligibility for inspection, where such violation is not serious enough for penal liability examination; altering or falsifying documents or records in a dossier requesting issuance of a certificate of eligibility for inspection, where such violation is not serious enough for penal liability examination; forging documents or records in a dossier requesting issuance of a certificate of eligibility for inspection, where such violation is not subject to penal liability examination; or forging a certificate of eligibility for inspection, where such violation is not subject to penal liability examination.

2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on an inspector committing any of the following violations:

a) Failing to comply with the inspection procedures promulgated by a competent agency; making an untruthful inspection record; or making an inspection record without conducting an inspection;

b) Carrying out inspection activities for an occupational safety inspection organization that has not yet obtained a certificate of eligibility for inspection.

3. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed on an inspector for conducting an inspection when the inspector certificate has expired, or for conducting an inspection outside the scope specified in the inspector certificate.

4. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed on an individual for conducting inspection activities without an inspector certificate.

5. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for any of the following acts: conducting inspection activities without a certificate of eligibility for inspection; or forging an inspector certificate, where such violation is not subject to penal liability examination.

6. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed on an inspector for altering or falsifying the contents of an issued inspector certificate, where such violation is not serious enough for penal liability examination.

7. Additional sanctions

a) Suspension of occupational safety technical inspection activities for a period from 01 month to 03 months for the occupational safety inspection organization committing the violation specified at Point d, Clause 1 of this Article;

b) Confiscation of administrative violation material evidence being a forged certificate of eligibility for inspection, for the act of forging such certificate specified at Point dd, Clause 1 of this Article;

c) Deprivation of the right to use an inspector certificate for a period from 01 month to 03 months, for conducting inspections outside the scope specified in the inspector certificate as prescribed in Clause 3 of this Article;

d) Confiscation of administrative violation material evidence being a forged inspector certificate, for the act of forging an inspector certificate specified in Clause 5 of this Article.

8. Remedial measures

a) Forcible affixing of an inspection stamp or display of inspection information on the inspected object and issuance of a certificate of inspection results to the organization or individual using the inspected object, for failing to affix an inspection stamp as specified at Point b, Clause 1 of this Article;

b) Forcible cancellation of inspection results and refund of inspection costs, together with interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the violations specified at Points c, d, and dd, Clause 1 of this Article, except for altering the contents of an issued certificate of eligibility for inspection where such violation is not serious enough for penal liability examination;

c) Forcible return of the certificate of eligibility for inspection to the competent agency that issued such certificate, for altering or falsifying the contents of the certificate as specified at Point dd, Clause 1 of this Article;

d) Forcible return of the inspector certificate to the competent agency that issued such certificate, for altering or falsifying the contents of the inspector certificate as specified in Clause 6 of this Article.

Article 38. Violations of regulations on working environment monitoring

1. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed on a working environment monitoring organization committing any of the following violations: failing to submit an annual report on its operating results to the competent state management agency as prescribed; failing to notify the competent state management agency of a change in the address of its head office or branch; or failing to participate in a training course to update knowledge of policies, laws, science, and technology concerning working environment monitoring as prescribed.

2. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed on an employer for failing, immediately after obtaining the working environment monitoring results and the results of inspection, assessment, and management of dangerous factors at the workplace, to publicly disclose such results to workers at the place where working environment monitoring is conducted and the place where dangerous factors are inspected, assessed, and managed.

3. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed on an employer for failing to conduct working environment monitoring to control adverse effects on workers’ health as prescribed by law.

4. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed on an employer for colluding with a working environment monitoring organization to commit fraud in working environment monitoring activities, where such violation is not serious enough for penal liability examination.

5. A fine from VND 80,000,000 to VND 120,000,000 shall be imposed on a working environment monitoring organization committing any of the following violations: colluding with an employer to commit fraud in working environment monitoring activities, where such violation is not serious enough for penal liability examination; or conducting working environment monitoring in contravention of the principles and procedures prescribed by law.

6. A fine from VND 120,000,000 to VND 140,000,000 shall be imposed on a working environment monitoring organization for providing working environment monitoring results without conducting working environment monitoring as prescribed or for conducting working environment monitoring during the period of suspension of working environment monitoring activities.

7. A fine from VND 100,000,000 to VND 130,000,000 shall be imposed on an enterprise or organization providing working environment monitoring services that commits any of the following violations:

a) Using personnel who fail to satisfy the standards prescribed by law to conduct working environment monitoring;

b) Failing to maintain sufficient conditions for working environment monitoring as announced throughout the operation process.

8. A fine from VND 120,000,000 to VND 150,000,000 shall be imposed on an enterprise or organization providing working environment monitoring services without having been declared eligible to conduct working environment monitoring activities as prescribed by law.

9. Additional sanctions

Suspension of working environment monitoring activities of the working environment monitoring organization for a period from 03 months to 06 months, for the violations specified in Clauses 5, 6, 7, and 8 of this Article.

10. Remedial measures

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

b) Forcible refund by the working environment monitoring organization to the employer using working environment monitoring services of the working environment monitoring costs, together with interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the violations specified in Clauses 5, 6, 7, and 8 of this Article, except for the act of colluding with an employer to commit fraud in working environment monitoring activities, where such violation is not serious enough for penal liability examination, as specified in Clause 5 of this Article.

Section 4

ACTS OF VIOLATION AGAINST REGULATIONS RELATED TO GRASSROOTS-LEVEL EMPLOYEES’ REPRESENTATIVE ORGANIZATIONS

Article 39. Violations of regulations on ensuring the exercise of rights of grassroots-level employees’ representative organizations and activities of trade union organizations

1. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed on employers committing any of the following acts of violation:

a) Failing to arrange time for members of the leadership boards of grassroots-level employees’ representative organizations to perform the tasks of the representative organizations in accordance with Clause 2 Article 176 of the Labor Code while still being paid salaries by employers;

b) Failing to arrange workplaces, provide information and other necessary conditions for activities of grassroots-level employees’ representative organizations in accordance with Clause 7 Article 178 of the Labor Code; failing to arrange workplaces, working facilities and necessary conditions for activities of same-level trade union organizations in accordance with Clause 1 Article 27 of the Law on Trade Union;

c) Failing to arrange time for part-time trade union officers to perform trade union activities while still being paid salaries by employers in accordance with Clause 2 Article 27 of the Law on Trade Union;

d) Failing to arrange fully paid leave for part-time trade union officers on days when they attend congresses, meetings, conferences, seminars, training courses summoned by superior trade union organizations in accordance with Clause 3 Article 27 of the Law on Trade Union;

dd) Not allowing officers of trade union organizations superior to grassroots-level trade union organizations to enter organizations or enterprises to disseminate information, mobilize and provide guidance to workers in establishing, joining, and participating in activities of trade union organizations;

e) Obstructing workers or causing difficulties when workers carry out lawful activities to establish, join, and participate in activities of grassroots-level employees’ representative organizations;

g) Not allowing members of the leadership boards of grassroots-level employees’ representative organizations to access workers at workplaces in the course of performing the tasks of grassroots-level employees’ representative organizations without affecting the normal operations of employers;

h) Failing to coordinate with trade union organizations of their agencies, organizations, units or enterprises in formulating, promulgating and implementing regulations on coordination of activities between the two parties;

i) Failing to exchange or fully, accurately and promptly provide information related to organization and activities in accordance with law regulations at the request of trade union organizations;

k) Not allowing trade union officers to represent and protect the lawful and legitimate rights and interests of workers at the request of such workers or upon detecting signs that employers infringe upon the lawful and legitimate rights and interests of workers in accordance with Clause 1 Article 20 of the Law on Trade Union.

2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on employers committing any of the following acts of violation:

a) Failing to reach a written agreement with the leadership boards of grassroots-level employees’ representative organizations when unilaterally terminating labor contracts, assigning workers to perform other jobs, or imposing the disciplinary measure of dismissal on workers who are members of the leadership boards of grassroots-level employees’ representative organizations, but not to the extent of being examined for penal liability, except for the cases where the two parties fail to reach agreement;

b) Failing to reach a written agreement with immediate superior trade union organizations when unilaterally terminating labor contracts or working contracts, dismissing, forcing resignation, or assigning workers who are part-time trade union officers to perform other jobs, but not to the extent of being examined for penal liability, except for the cases where the two parties fail to reach agreement;

c) Deciding to unilaterally terminate labor contracts or working contracts, dismiss, force resignation, or assigning workers who are members of the leadership boards of grassroots-level employees’ representative organizations or part-time trade union officers to perform other jobs in violation of the time limit for prior notification to specialized labor agencies under provincial-level People’s Committees in accordance with Clause 3 Article 177 of the Labor Code and Clause 2 Article 28 of the Law on Trade Union, but not to the extent of being examined for penal liability;

d) Failing to extend concluded labor contracts or working contracts until the end of the trade union term for workers who are currently members of the leadership boards of grassroots-level employees’ representative organizations or part-time trade union officers and whose labor contracts or working contracts expire during their trade union term.

3. A fine from VND 50,000,000 to VND 75,000,000 shall be imposed for any of the following acts of violation:

a) Abusing the establishment of, accession to or operation of grassroots-level employees’ representative organizations to violate the law or infringe upon the interests of the State or the lawful rights and interests of agencies, organizations, enterprises or individuals;

b) Receiving aid or financial assistance, or receiving technical assistance in contravention of law regulations;

c) Providing false information on, inciting, distorting or defaming, trade union organization and operation.

4. Remedial measures

a) Forcible reinstatement of the related workers and full payment of salaries and social insurance, unemployment insurance and health insurance premiums for the days during which the workers were not allowed to work, for the acts of violation specified at Points a, b and c Clause 2 of this Article;

b) Forcible extension of concluded labor contracts or working contracts until the end of the trade union term for workers who are members of the leadership boards of grassroots-level employees’ representative organizations or part-time trade union officers whose labor contracts or working contracts expire during their trade union term, for the acts of violation specified at Point d Clause 2 of this Article;

c) Forcible remittance into the state budget of illicit profits earned through the commission of violations specified at Point b, Clause 3 of this Article.

d) Forcible correction of untruthful information and making of public apologies to trade union organizations, for the acts of violation specified at Point c Clause 3 of this Article.

Article 40. Violations of regulations on discrimination for the reasons of establishment of, accession to and participation in activities of, grassroots-level employees’ representative organizations

1. A fine from VND 15,000,000 to VND 30,000,000 shall be imposed for the acts of discrimination against workers, members of the leadership boards of grassroots-level employees’ representative organizations or trade union officers for the reasons of establishment of, accession to or participation in activities of workers’ representative organizations, including any of the following acts of violation:

a) Practicing discrimination concerning wage, bonus, welfare, working time, and other rights and obligations in industrial relations;

b) Practicing stigma or discrimination regarding gender, ethnicity, religion or belief;

c) Requiring workers’ admission, non-admission to or withdrawal from grassroots-level employees’ representative organizations or the Vietnam Trade Union in order to be recruited or to enter into or extend labor contracts or working contracts;

d) Dismissing, disciplining workers, unilaterally terminating labor contracts or working contracts, failing to continue entering into labor contracts or working contracts, failing to extend labor contracts or working contracts, or assigning workers to perform other jobs, but not to the extent of being examined for penal liability;

dd) Obstructing workers or causing work-related difficulties aimed at weakening the operation of grassroots-level employees’ representative organizations;

e) Manipulating aimed at weakening trade union activities;

g) Providing false information in order to lower the prestige and honor of trade union officers;

h) Promising, providing material benefits or non-material benefits so that workers and trade union officers do not take part in trade union activities, cease to act as trade union officers, or commit acts against trade union organizations.

2. Remedial measures:

a) Forcible reinstatement of the related workers and full payment of salaries and social insurance and health insurance premiums for the days during which the workers were not allowed to work, for employers’ acts of violation specified at Point d Clause 1 of this Article;

b) Forcible of untruthful information and making of public apologies to trade union officers, for the acts of violation specified at Point g Clause 1 of this Article.

Article 41. Violations of regulations on the application of economic measures or other measures detrimental to the organization and operation of grassroots-level employees’ representative organizations

1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on employers committing any of the following acts of violation:

a) Failing to pay salaries to members of the leadership boards of grassroots-level employees’ representative organizations or part-time trade union officers for their working time prescribed by law regulations during which they perform the work of grassroots-level employees’ representative organizations;

b) Failing to pay salaries to part-time trade union officers for the days when they attend congresses, meetings, conferences, seminars, training courses summoned by superior trade union organizations in accordance with Clause 3 Article 27 of the Law on Trade Union;

c) Failing to pay salaries to workers’ representatives for the time during which they participate in meetings for collective bargaining in accordance with Clause 2 Article 70 of the Labor Code;

d) Denying members of the leadership boards of grassroots-level employees’ representative organizations or part-time trade union officers other guarantees in industrial relations or in the performance of their representative functions in accordance with law regulations.

2. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violation:

a) Interfering in or manipulating the process of establishment, election, formulation of work plans or organization of activities of grassroots-level employees’ representative organizations, including the provision of financial support or application of other economic measures aimed at nullifying or weakening the performance of the representative function of grassroots-level employees’ representative organizations or discriminating among grassroots-level employees’ representative organizations;

b) Imposing mental threats or taking other measures detrimental to trade union organizations.

3. Remedial measures

a) Forcible payment of salaries to members of the leadership boards of grassroots-level employees’ representative organizations or part-time trade union officers for their working time prescribed by law during which they perform the work of grassroots-level employees’ representative organizations, for the acts of violation specified at Points a and b Clause 1 of this Article;

b) Forcible assurance from the employers that members of the leadership boards of grassroots-level employees’ representative organizations or part-time trade union officers enjoy other guarantees in accordance with law regulations, for the acts of violation specified at Point d Clause 1 of this Article.

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

1. A fine ranging from 12% to under 15% of the total amount of trade union dues payable at the time of making the administrative violation records, but not exceeding VND 75,000,000, shall be imposed on employers committing any of the following acts of violation:

a) Delaying the payment of trade union dues;

b) Failing to deduct and pay trade union dues;

c) Failing to pay, or failing to fully pay, the amount payable at the prescribed rate within 60 days from the date of expiry of the prescribed time limit for payment of trade union dues;

d) Failing to make payment, or failing to make full payment, for the number of persons subject to payment within 60 days from the date of expiry of the prescribed time limit for payment of trade union dues.

2. A fine ranging from 18% to 20% of the total amount of trade union dues payable at the time of making the administrative violation records, but not exceeding VND 75,000,000, shall be imposed on employers failing to pay trade union dues for all workers subject to such payment.

3. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on workers’ organizations at enterprises committing any of the following acts of violation:

a) Failing to use trade union dues, or using trade union dues to perform tasks inconsistent with those specified at Points a, b, c, g and h Clause 2 Article 31 of the Law on Trade Union;

b) Failing to monitor and retain records of the collection and expenditure of trade union dues in accordance with the guidance of the Vietnam General Confederation of Labor;

c) Failing to annually disclose financial information to members of the organizations in accordance with Article 34 of the Law on Trade Union;

d) Failing to fully, accurately and promptly provide information on the use of trade union dues at the written request of trade union organizations for the latter to report on and disclose the management and use of trade union finances in accordance with Articles 33 and 34 of the Law on Trade Union.

4. Remedial measures:

a) Within 30 days from the date of issuance of the sanctioning decision, employers shall pay trade union organizations the amounts of trade union dues paid late, underpaid or unpaid, together with interest on the unpaid or late-paid trade union dues calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the acts of violation specified at Points a, b, c and d Clause 1 and Clause 2 of this Article;

b) Forcible reimbursement by workers’ organizations at enterprises to trade union accounts of the amounts of trade union dues used in contravention of regulations, for the acts of violation specified at Point a Clause 3 of this Article.

Chapter III

ACTS OF VIOLATION, SANCTIONING FORMS, SANCTIONING LEVELS AND REMEDIAL MEASURES APPLICABLE TO THE ACTS OF VIOLATION AGAINST SOCIAL INSURANCE REGULATIONS

Article 43. Violations involving late payment of compulsory social insurance premiums

1. A warning shall be imposed on the acts of violation specified in Clause 3 of this Article if the amount involved in the violation, calculated at the time of making the written record of administrative violation, is under VND 400,000.

2. A fine shall be imposed on employers committing any of the following acts: failing to register, or failing to fully register, the number of persons required to participate in compulsory social insurance within 60 days from the date of expiry of the time limit specified in Clause 1 Article 28 of the Law on Social Insurance; failing to register, or failing to fully register, the number of persons required to participate in compulsory social insurance after 60 days from the date of expiry of the time limit specified in Clause 1 Article 28 of the Law on Social Insurance, but falling into cases not regarded by law as evasion of payment of compulsory social insurance premiums, at one of the following levels:

a) A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of violation involving under 10 laborers;

b) A fine from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of violation involving from 10 to under 50 laborers;

c) A fine from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of violation involving from 50 to under 100 laborers;

d) A fine from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of violation involving from 100 to under 300 laborers;

dd) A fine from VND 30,000,000 to VND 40,000,000 shall be imposed on the act of violation involving from 300 to under 500 laborers;

e) A fine from VND 40,000,000 to VND 50,000,000 shall be imposed on the act of violation involving from 500 to under 700 laborers;

g) A fine from VND 50,000,000 to VND 60,000,000 shall be imposed on the act of violation involving from 700 to under 1,000 laborers;

h) A fine from VND 60,000,000 to VND 75,000,000 shall be imposed on the act of violation involving 1,000 laborers or more.

3. A fine ranging from 12% to 15% of the total amount of compulsory social insurance premiums paid late at the time the administrative violation record is made, but not exceeding VND 75,000,000, shall be imposed on employers committing any of the following acts of late payment of social insurance premiums:

a) Failing to pay or having not fully paid the amount payable according to registered compulsory social insurance participation dossiers after the deadline for payment of social insurance premiums specified in Clause 4 Article 34 of the Law on Social Insurance, except for the case specified at Point dd Clause 1 Article 39 of the Law on Social Insurance;

b) Failing to pay or having not fully paid the registered amount of compulsory social insurance premiums after 60 days from the deadline for payment of compulsory social insurance premiums specified in Clause 4, Article 34 of the Law on Social Insurance though having been urged by a competent agency under Article 35 of the Law on Social Insurance, but falling into cases not regarded as evasion of payment of compulsory social insurance premiums in accordance with law regulations.

4. Remedial measures

a) Forcible preparation of registration dossiers or forcible preparation of complete registration dossiers for the full number of workers covered by the compulsory social insurance; forcible full payment of late-paid compulsory social insurance premiums; and forcible payment of an amount equal to 0.03% per day, calculated based on the amount of late-paid compulsory social insurance premiums and the number of days of late payment into the social insurance fund, for the acts of violation specified in Clause 2 of this Article;

b) Forcible full payment of late-paid compulsory social insurance premiums; and forcible payment of an amount equal to 0.03% per day, calculated based on the amount of late-paid compulsory social insurance premiums and the number of days of late payment into the social insurance fund, for the acts of violation specified in Clause 3 of this Article.

Article 44. Violations involving evasion of payment of compulsory social insurance premiums

1. A fine shall be imposed on employers that fail to register, or fail to fully register, the number of persons required to participate in compulsory social insurance after 60 days from the date of expiry of the time limit specified in Clause 1 Article 28 of the Law on Social Insurance, at one of the following levels:

a) A fine from VND 6,000,000 to VND 12,000,000 shall be imposed on the act of violation involving under 10 laborers;

b) A fine from VND 12,000,000 to VND 20,000,000 shall be imposed on the act of violation involving from 10 to under 50 laborers;

c) A fine from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of violation involving from 50 to under 100 laborers;

d) A fine from VND 30,000,000 to VND 40,000,000 shall be imposed on the act of violation involving from 100 to under 300 laborers;

dd) A fine from VND 40,000,000 to VND 50,000,000 shall be imposed on the act of violation involving from 300 to under 500 laborers;

e) A fine from VND 50,000,000 to VND 60,000,000 shall be imposed on the act of violation involving from 500 to under 700 laborers;

g) A fine from VND 60,000,000 to VND 70,000,000 shall be imposed on the act of violation involving from 700 to under 1,000 laborers;

h) A fine from VND 70,000,000 to VND 75,000,000 shall be imposed on the act of violation involving 1,000 laborers or more.

2. A fine ranging from 18% to 20% of the total amount of evasion of payment of compulsory social insurance premiums, but not exceeding VND 75,000,000, shall be imposed on employers committing any of the following acts of evasion of payment of compulsory social insurance premiums:

a) Registering a salary used as the basis for payment of compulsory social insurance premiums that is lower than that specified in Clause 1 Article 31 of the Law on Social Insurance;

b) Failing to pay or having not fully paid the registered amount of compulsory social insurance premiums after 60 days from the deadline for payment of compulsory social insurance premiums specified in Clause 4, Article 34 of the Law on Social Insurance though having been urged by a competent agency under Article 35 of the Law on Social Insurance, but not to the extent of being examined for penal liability;

3. Remedial measures

a) Forcible preparation of registration dossiers or forcible preparation of complete registration dossiers for the full number of workers covered by the compulsory social insurance; forcible full payment of the amount of compulsory social insurance premiums not paid due to the evasion; and forcible payment of an amount equal to 0.03% per day, calculated based on the amount of premiums not paid due to the evasion and the number of days of premium payment evasion into the social insurance fund, for the acts of violation specified in Clause 1 of this Article;

b) Forcible full payment of the amount of compulsory social insurance premiums not paid due to the evasion; and forcible payment of an amount equal to 0.03% per day, calculated based on the amount of compulsory social insurance premiums not paid due to the evasion and the number of days of premium payment evasion into the social insurance fund, for the acts of violation specified in Clause 2 of this Article.

Article 45. Violations involving late payment of unemployment insurance premiums

1. A warning shall be imposed on the acts of violation specified in Clause 3 of this Article if the amount involved in the violation, calculated at the time of making the written record of administrative violation, is under VND 400,000.

2. A fine shall be imposed on employers committing any of the following acts of failing to register or having not fully registered the number of workers who are subject to participate in unemployment insurance within 60 days from the deadline defined by the law regulations on unemployment insurance; failing to register or having not fully registered the number of workers who are subject to participate in unemployment insurance after 60 days from the deadline for participation in unemployment insurance specified in the law regulations on unemployment insurance, but falling into cases not regarded as evasion of payment of unemployment insurance premiums in accordance with law regulations, at one of the following levels:

a) A fine from VND 500,000 to VND 2,500,000 shall be imposed for the act of violation involving under 10 laborers;

b) A fine from VND 2,500,000 to VND 5,000,000 shall be imposed on the act of violation involving from 10 to under 50 laborers;

c) A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of violation involving from 50 to under 100 laborers;

d) A fine from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of violation involving from 100 to under 300 laborers;

dd) A fine from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of violation involving from 300 to under 500 laborers;

e) A fine from VND 20,000,000 to VND 25,000,000 shall be imposed on the act of violation involving from 500 to under 700 laborers;

g) A fine from VND 25,000,000 to VND 30,000,000 shall be imposed on the act of violation involving from 700 to under 1,000 laborers;

h) A fine from VND 30,000,000 to VND 35,000,000 shall be imposed on the act of violation involving 1,000 laborers or more.

3. A fine ranging from 12% to 15% of the total amount of unemployment insurance premiums paid late at the time the administrative violation record is made, but not exceeding VND 75,000,000, shall be imposed on employers committing any of the following acts of late payment of unemployment insurance premiums:

a) Failing to pay or having not fully paid the amount payable according to registered unemployment insurance participation dossiers after the deadline for payment of unemployment insurance premiums specified by the law regulations on unemployment insurance, except for the case specified at Point e Clause 1 Article 39 of the Law on Social Insurance;

b) Failing to pay or having not fully paid the registered amount of unemployment insurance premiums after 60 days from the deadline for payment of unemployment insurance premiums specified by the law regulations on unemployment insurance though having been urged by a competent agency under Article 35 of the Law on Social Insurance, but falling into cases not regarded as evasion of payment of unemployment insurance premiums in accordance with law regulations.

4. Remedial measures

a) Forcible preparation of dossiers for registration of workers’ participation in unemployment insurance; forcible full payment of late-paid unemployment insurance premiums; and forcible payment of an amount equal to 0.03% per day, calculated based on the amount of late-paid unemployment insurance premiums and the number of days of late payment into the unemployment insurance fund, for the acts of violation specified in Clause 2 of this Article;

b) Forcible full payment of late-paid unemployment insurance premiums; and forcible payment of an amount equal to 0.03% per day, calculated based on the amount of late-paid unemployment insurance premiums and the number of days of late payment into the unemployment insurance fund, for the acts of violation specified in Clause 3 of this Article.

Article 46. Violations involving evasion of payment of unemployment insurance premiums

1. A fine shall be imposed on employers that fail to register, or fail to fully register, the number of persons required to participate in unemployment insurance after 60 days from the date of expiry of the time limit specified in the law regulations on unemployment insurance, at one of the following levels:

a) A fine from VND 1,000,000 to VND 5,000,000 shall be imposed for the act of violation involving under 10 laborers;

b) A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of violation involving from 10 to under 50 laborers;

c) A fine from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of violation involving from 50 to under 100 laborers;

d) A fine from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of violation involving from 100 to under 300 laborers;

dd) A fine from VND 20,000,000 to VND 25,000,000 shall be imposed on the act of violation involving from 300 to under 500 laborers;

e) A fine from VND 25,000,000 to VND 30,000,000 shall be imposed on the act of violation involving from 500 to under 700 laborers;

g) A fine from VND 30,000,000 to VND 35,000,000 shall be imposed on the act of violation involving from 700 to under 1,000 laborers;

h) A fine from VND 35,000,000 to VND 40,000,000 shall be imposed on the act of violation involving 1,000 laborers or more.

2. A fine ranging from 18% to 20% of the total amount of evasion of payment of unemployment insurance premiums, but not exceeding VND 75,000,000, shall be imposed on employers committing any of the following acts of evasion of payment of unemployment insurance premiums:

a) Registering a salary used as the basis for payment of unemployment insurance premiums that is lower than that specified in law regulations on unemployment insurance;

b) Failing to pay or having not fully paid the registered amount of unemployment insurance premiums after 60 days from the deadline for payment of unemployment insurance premiums specified by the law regulations on unemployment insurance though having been urged by a competent agency under Article 35 of the Law on Social Insurance, but not to the extent of being examined for penal liability.

3. For other cases regarded as evasion of payment of unemployment insurance premiums in accordance with regulations of the Government, if the act of violation involves the number of persons, a fine shall be imposed in accordance with Clause 1 of this Article; if the act of violation involves an amount of money, a fine shall be imposed in accordance with Clause 2 of this Article.

4. Remedial measures

a) Forcible preparation of dossiers for registration of workers’ participation in unemployment insurance; forcible full payment of the amount of evasion of unemployment insurance premium payment; and forcible payment of an amount equal to 0.03% per day, calculated based on the amount of the premiums not paid due to the evasion and the number of days of payment evasion into the unemployment insurance fund, for the acts of violation specified in Clause 1 of this Article;

b) Forcible full payment of unemployment insurance premiums not paid due to the evasion; and forcible payment of an amount equal to 0.03% per day, calculated based on the amount of unemployment insurance premiums not paid due to the evasion and the number of days of payment evasion into the unemployment insurance fund, for the acts of violation specified in Clause 2 of this Article;

c) For the acts of violation specified in Clause 3 of this Article involving the number of persons, the remedial measure specified at Point a of this Clause shall apply; for the acts of violation specified in Clause 3 of this Article involving an amount of money, the remedial measure specified at Point b of this Clause shall apply.

Article 47. Violations of regulations on preparation of dossiers for and enjoyment of social insurance and unemployment insurance allowances

1. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed on workers committing any of the following acts of violation:

a) Making untruthful declarations, or altering or erasing information related to the payment of social insurance and unemployment insurance premiums or enjoyment of social insurance and unemployment insurance allowances so as to falsify such information, but not to the extent of being examined for penal liability;

b) Failing to notify public employment service organizations in accordance with regulations when workers obtain employment within 10 working days from the date of submission of dossiers of request for enjoyment of unemployment allowance;

c) Persons currently enjoying unemployment allowance but failing to notify public employment service organizations in accordance with regulations when falling into any of the following cases: being employed; performing military service or service in the People’s Public Security forces or standing militia; receiving monthly pensions; or attending a study course longer than 12 months.

2. A fine from VND 10,000,000 to VND 20,000,000 per fraudulent or forged dossier for enjoyment of social insurance or unemployment insurance allowances, but not exceeding VND 75,000,000, shall be imposed on employers committing any of the following acts of violation: forging dossiers for enjoyment of social insurance or unemployment insurance allowances without being examined for penal liability; intentionally falsifying information or documents in dossiers for enjoyment of social insurance or unemployment insurance allowances, but not to the extent of being examined for penal liability.

3. A fine from VND 2,000,000 to VND 4,000,000 per worker affected by an act of violation, but not exceeding VND 75,000,000, shall be imposed on employers that fail to prepare lists of workers, fail to prepare dossiers, or fail to submit dossiers within the time limits specified in Clause 2 Article 48, Clause 1 Article 49, Clause 1 Article 62, Clause 1 Article 63, Clause 1 Article 79 and Clause 2 Article 91 of the Law on Social Insurance; and Clause 1 Article 59 and Clause 1 Article 60 of the Law on Occupational Safety and Health.

4. Remedial measures

Forcible repayment to social insurance agencies of the received amounts of social insurance allowances, unemployment allowances, financial support for workers participating in training or improvement of occupational qualifications and skills, and financial support for employers providing training and further training for improvement of occupational qualifications and skills for employment maintenance for workers, which were received through the commission of the acts of violation specified in Clauses 1 and 2 of this Article.

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

1. A fine from VND 300,000 to VND 500,000 per worker affected by an act of violation, but not exceeding VND 75,000,000, shall be imposed on employers committing any of the following acts of violation:

a) Failing to register their workers for participation in occupational accident and disease insurance, registering their participation at a rate inconsistent with the prescribed rate, or failing to register their participation within the prescribed time limit, for workers who are only subject to participation in occupational accident and disease insurance as specified in Clause 2 Article 43 of the Law on Occupational Safety and Health;

b) Altering or falsifying documents or papers in dossiers of proposal for application of the lower-than-normal rate of premiums payable to the Occupational Accident and Disease Insurance Fund, but not to the extent of being examined for penal liability.

2. A fine from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts of violation:

a) workers reaching agreements with employers not to participate in compulsory social insurance or unemployment insurance, or to participate for improper subjects, at improper rates or without complying with the prescribed time limits;

b) Persons subject to participation in compulsory social insurance as specified at Points m and n Clause 1 Article 2 of the Law on Social Insurance failing to register for participation in compulsory social insurance, registering for participation outside the prescribed time limits, failing to pay compulsory social insurance premiums, or having not paid compulsory social insurance premiums after the deadline of social insurance premium payment specified at Point b Clause 4 Article 33 of the Law on Social Insurance.

3. A fine from VND 2,000,000 to VND 4,000,000 per worker affected by an act of violation, but not exceeding VND 75,000,000, shall be imposed on employers committing any of the following acts of violation:

a) Paying compulsory social insurance or unemployment insurance premiums for persons not subject to participation in compulsory social insurance or unemployment insurance;

b) Failing to provide, or failing to fully provide, information on workers’ social insurance at the request of trade union organizations;

c) Failing to return paper social insurance books to workers in accordance with Clause 1 Article 13 of the Law on Social Insurance at the request of the workers;

d) Failing to pay convalescence and health rehabilitation allowances after occupational accidents or diseases to workers within 05 days from the date of receipt of allowance amounts transferred by social insurance agencies;

dd) Failing to refer workers specified in Article 47 of the Law on Occupational Safety and Health and Article 65 of the Law on Social Insurance to Medical Assessment Councils for assessment of their working capacity decrease;

e) Failing to provide workers with documents on termination of labor contracts/working contracts or termination of employment within 02 working days from the date the workers terminate their labor contracts/working contracts or employment; failing to carry out procedures for certification of payment of unemployment insurance premiums for workers so that the workers can promptly complete their dossiers for enjoyment of unemployment insurance allowances in accordance with the law regulations on unemployment insurance.

4. A fine from VND 2,000,000 to VND 4,000,000 shall be imposed on organizations or individuals committing any of the following acts of violation:

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

b) Making untruthful registrations or reports, or providing inaccurate information on social insurance and unemployment insurance;

c) Colluding or being in cahoots with agencies, organizations or individuals in committing violations of the laws on social insurance and unemployment insurance;

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

5. A fine from VND 2,000,000 to VND 4,000,000 shall be imposed on employers failing to notify public employment service organizations of the localities where their offices are located of changes in employment at their units in accordance with law regulations.

6. A fine from VND 2,000,000 to VND 4,000,000 per worker participating in unemployment insurance who receives support for training or improvement of occupational qualifications and skills and is affected by an act of violation, but not exceeding VND 150,000,000, shall be imposed on vocational education institutions committing any of the following acts of violation:

a) Failing to provide vocational training for the full duration of the courses for which workers receive support for training and improvement of occupational qualifications and skills;

b) Preparing fictitious dossiers to profiteer from financial support for training or improvement of occupational qualifications and skills, but not to the extent of being examined for penal liability.

7. A fine from VND 4,000,000 to VND 6,000,000 per social insurance book involved in a violation, but not exceeding VND 75,000,000, shall be imposed on organizations or individuals committing any of the following acts of violation:

a) Putting in pledge or mortgage, purchasing, selling, or using as deposits, social insurance books in any form;

b) Accepting social insurance books as pledges, mortgages or deposits in any form.

8. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on employers failing to present or failing to accurately, fully and promptly provide information and documents related to the payment or enjoyment of compulsory social insurance or unemployment insurance allowance within their responsibilities at the request of competent state agencies.

9. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on employers that, after receiving financial support for training, further training or improvement of occupational qualifications and skills to maintain employment for workers, organize such training, further training or improvement of occupational qualifications and skills inconsistently with plans approved by competent agencies.

10. A fine ranging from 18% to 20% of the total amount of workers’ compulsory social insurance allowances appropriated by employers at the time the written record of administrative violation is made, but not exceeding VND 75,000,000, shall be imposed on employers appropriating workers’ compulsory social insurance allowances.

11. A fine from VND 50,000,000 to VND 70,000,000 shall be imposed on occupational safety and health assessment organizations providing untruthful Reports on assessment of occupational safety and health work and reduction in the frequency of occupational accidents.

12. Remedial measures

a) Compelling employers to prepare dossiers for registration of participation in occupational accident and disease insurance and fully pay the payable occupational accident and disease insurance premiums, for the acts of violation specified at Point a Clause 1 of this Article;

b) Compelling workers to prepare dossiers for registration of participation in compulsory social insurance, fully pay the payable compulsory social insurance premiums, and pay an amount equal to 0.03% per day, calculated based on the payable compulsory social insurance premiums and the number of days of payment after the deadline for payment of compulsory social insurance premiums, for the acts of violation specified at Point b Clause 2 of this Article;

c) Compelling employers to pay workers convalescence and health rehabilitation allowances after occupational accidents or diseases in accordance with regulations, for the acts of violation specified at Point d Clause 3 of this Article;

d) Compelling vocational education institutions to provide vocational training for the full duration of courses for which workers participating in unemployment insurance receive support for training or improvement of occupational qualifications and skills, for the acts of violation specified at Point a Clause 6 of this Article, if so requested by the workers;

dd) Compelling vocational education institutions to refund the illegally-profited amounts to the social insurance agencies, for the acts of violation specified at Point b Clause 6 of this Article;

e) Compelling individuals or organizations accepting such books as pledges or mortgages to return social insurance books to workers, and remit into the state budget the illicit profits earned through the commission of the acts of violation specified in Clause 7 of this Article;

g) Compelling employers to provide training, further training or improvement of occupational qualifications and skills for workers in accordance with plans approved by competent agencies, except for the cases where the training, further training or improvement of occupational qualifications and skills for workers has been completed, for the acts of violation specified in Clause 9 of this Article;

h) Compelling employers to pay to social insurance agencies of financial support for training, further training or improvement of occupational qualifications and skills that has not been used compared to the plans approved by the competent agencies, for the acts of violation specified in Clause 9 of this Article;

i) Compelling employers to refund workers the amounts of compulsory social insurance allowances appropriated from the workers and interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the acts of violation specified in Clause 10 of this Article.

Chapter IV

ACTS OF VIOLATION, SANCTIONING FORMS, SANCTIONING LEVELS AND REMEDIAL MEASURES APPLICABLE TO THE ACTS OF VIOLATION AGAINST REGULATIONS ON VIETNAMESE GUEST WORKERS

Article 49. Violations of enterprises providing the services of sending Vietnamese workers abroad as guest workers (hereinafter referred to as service enterprises)

1. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts of violation:

a) Failing to publicly post a copy of the service enterprise’s license for provision of the services of sending Vietnamese workers abroad as guest workers at its head office or failing to post it on the service enterprise’s website within 30 days from the date the license is granted, re-granted or modified;

b) A branch of a service enterprise assigned to provide the service of sending Vietnamese workers abroad as guest workers failing to publicly post at its office the service enterprise’s decision on assignment of tasks to the branch or a copy of the service enterprise’s license;

c) Failing to notify the Ministry of Home Affairs in writing or failing to update information on a branch assigned to provide the service of sending Vietnamese workers abroad as guest workers on the database system on Vietnamese guest workers in accordance with regulations;

d) Failing to post, or failing to update upon any change in the following information on the service enterprise’s website in accordance with law regulations: at-law representative; list of professional staff; head office address and business locations; physical foundations serving pre-departure orientation education activities for workers; decisions assigning tasks to its branches;

dd) Failing to post the following information on the service enterprise’s website: adequate and accurate information on the number, criteria of recruitment, working conditions, interests and obligations of workers under the labor supply contract; list of recruited workers;

e) Failing to submit reports, submitting incomplete or inaccurate reports, or failing to submit reports within the prescribed time limits on the provision of the service of sending Vietnamese workers abroad as guest workers in accordance with law regulations;

g) Failing to update, or incompletely updating, information on workers sent abroad by the enterprise on the database system on Vietnamese guest workers from the date the workers leave Vietnam until the liquidation of contracts on the sending of Vietnamese workers abroad in accordance with law regulations;

h) Failing to report, or making untruthful reports, to the Ministry of Home Affairs on the situation of workers sent abroad by the enterprise, the plan on fulfillment of the enterprise’s obligations under labor supply contracts and contracts on the sending of Vietnamese workers abroad which remain valid, and the written agreement with the service enterprise taking over the rights and obligations in the case specified at Point b Clause 1 Article 28 of the Law on Vietnamese Guest Workers in accordance with regulations;

i) Failing to provide guidance to workers on participation in social insurance in accordance with the law on social insurance;

k) Failing to make contributions to the Fund for Overseas Employment Support within the prescribed time limits in accordance with law regulations;

l) Inaccurately declaring information on the satisfaction of conditions applicable to overseas markets, professions and occupations in the written notice on satisfaction of conditions for providing the service of sending workers abroad in such markets, professions and occupations;

m) Failing to update the list of professional staff and physical foundations on the database system on Vietnamese guest workers and notify the Ministry of Home Affairs thereof within 7 days from the date of any related change.

2. A fine from VND 10,000,000 to VND 20,000,000 for each worker affected by an act of violation, but not exceeding VND 200,000,000 in total, shall be imposed on a service enterprise committing any of the following acts of violation:

a) Failing to organize orientation education courses or failing to grant certificates of completion of the orientation education course for workers before they go abroad for work in accordance with law regulations;

b) Agreeing with workers on deposit amounts higher than those prescribed by law, or paying deposits with workers in contravention of law regulations;

c) Failing to enter into contracts on the sending of Vietnamese workers abroad with workers, or failing to use the prescribed form for entering into such contracts;

d) Failing to clearly state agreements on service charges and other expenses to be incurred by workers in contracts on the sending of Vietnamese workers abroad entered into with workers;

dd) Failing to liquidate contracts on the sending of Vietnamese workers abroad with workers, or liquidating such contracts in contravention of law regulations;

e) Having contracts on the sending of Vietnamese workers abroad with certain contents inconsistent with the registered labor supply contracts.

3. A fine ranging from 20% to 30% of the total amount payable to the Fund for Overseas Employment Support in accordance with law regulations at the time the written record of administrative violation is made, but not exceeding VND 200,000,000, shall be imposed for the act of failing to make contributions, or failing to make full contributions, to the Fund for Overseas Employment Support in accordance with law regulations.

4. A fine ranging from 40% to 50% of the total amount contributed by workers to the Fund for Overseas Employment Support through service enterprises which the service enterprises fail to contribute, or fail to fully contribute, to the Fund for Overseas Employment Support at the time the written record of administrative violation is made, but not exceeding VND 200,000,000, shall be imposed.

5. A fine from VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following acts of violation:

a) Failing to maintain any of the conditions specified in Article 10 of the Law on Vietnamese Guest Workers in accordance with law regulations throughout the operation process;

b) Failing to maintain the conditions specified in Clause 2 Article 8 of the Law on Vietnamese Guest Workers and Article 20 of the Government’s Decree No. 112/2021/ND-CP dated December 10, 2021 detailing a number of articles of, and measures for implementation of, the Law on Vietnamese Guest Workers, as amended and supplemented by Decree No. 372/2025/ND-CP;

c) Failing to properly implement the approved contents of registered labor supply contracts;

d) Failing to pay compensation to workers for damage caused by the enterprise or its branch(es) in accordance with law regulations;

dd) Failing to provide workers with counseling and support on procedures for termination of labor contracts, benefits, entitlements, and procedures for returning home;

e) Advertising, providing counseling, notifying the recruitment or providing workers and administrations of the localities where employee recruitment is organized with inaccurate information on the number of workers to be recruited, recruitment criteria, working conditions, and benefits and obligations of workers under the labor supply contract;

g) Failing to make a written commitment to an exit-awaiting time limit for a recruited worker, which is 180 days from the date he/she is recruited, or failing to fulfill such commitment;

h) Failing to directly recruit workers.

6. A fine from VND 50,000,000 to VND 70,000,000 for each worker each worker affected by an act of violation, but not exceeding VND 200,000,000, shall be imposed for committing any of the following acts of violation:

a) Abusing the recruitment of Vietnamese guest workers or the provision of the service of sending Vietnamese workers abroad as guest workers to unlawfully collect money from workers;

b) Collecting recruitment fees from workers;

c) Collecting deposits from workers but failing to deposit them into escrow accounts in accordance with regulations.

7. A fine shall be imposed on the act of sending a number of Vietnamese workers abroad as guest workers in excess of the number of workers registered under labor supply contracts, at one of the following levels:

a) A fine from VND 40,000,000 to VND 80,000,000 shall be imposed if the number of workers sent abroad exceeds the registered number by between 01 and 10 workers;

b) A fine from VND 80,000,000 to VND 120,000,000 shall be imposed if the number of workers sent abroad exceeds the registered number by between 11 and 50 workers;

c) A fine from VND 120,000,000 to VND 180,000,000 shall be imposed if the number of workers sent abroad exceeds the registered number by more than 50 workers.

8. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) Collecting service charges from workers in contravention of law regulations;

b) Failing to refund, or failing to fully refund, to workers the service charge amounts and interest thereon corresponding to the remaining duration of the contracts on the sending of Vietnamese workers abroad in case the workers have paid service charges for the entire working duration as agreed upon in the contracts on the sending of Vietnamese workers but have to return home ahead of schedule not due to their fault;

c) Failing to organize the management of, and protection of the lawful rights and interests of, workers sent abroad by enterprises in accordance with law regulations;

d) Failing to provide legal aid in case workers need legal assistance after suffering abuse, violence or discrimination during their period of working abroad;

dd) Failing to comply with requests of competent agencies and failing to coordinate with related agencies and organizations of the host country in settling disputes related to workers;

e) Failing to settle arising problems when workers die, or suffer occupational accidents or diseases, have their life, health, honor, dignity or assets infringed upon, or when natural disasters, epidemics, wars or political instability, or emergency circumstances occur.

9. A fine from VND 150,000,000 to VND 180,000,000 shall be imposed for any of the following acts of violation:

a) Abusing the sending of Vietnamese workers abroad as guest workers to organize illegal exit from the country, exploit workers or practice forced labor, without being examined for penal liability;

b) Sending Vietnamese workers abroad as guest workers in any of the following cases: in prohibited areas; to perform prohibited jobs; in violation of social ethics; adversely affecting the health of workers or the community, but not to the extent of being examined for penal liability; or without permission from worker-receiving countries;

c) Forcing, enticing, inducing or deceiving Vietnamese workers to stay abroad, without being examined for penal liability;

d) Discriminating against workers or insulting the honor or dignity of workers in the provision of the service of sending Vietnamese workers abroad as guest workers;

dd) Sending Vietnamese workers abroad as guest workers without registering labor supply contracts, or after registering labor supply contracts but before obtaining approval;

e) Altering or falsifying documents or papers in dossiers of application for grant or re-grant of licenses for provision of the services of sending Vietnamese workers abroad as guest workers, but not to the extent of being examined for penal liability;

g) Altering or falsifying the contents of granted licenses for provision of the services of sending Vietnamese workers abroad as guest workers, but not to the extent of being examined for penal liability;

h) Forging documents or papers in dossiers of application for grant or re-grant of licenses for provision of the services of sending Vietnamese workers abroad as guest workers, without being examined for penal liability;

i) Sending workers abroad to perform domestic work without notifying, or without making truthful notifications of, the satisfaction of conditions for providing the service of sending Vietnamese workers abroad to perform domestic work.

10. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Using another enterprise’s license for provision of the services of sending Vietnamese workers abroad as guest workers to organize the sending of Vietnamese workers abroad;

b) Allowing other organizations or individuals to use the enterprise’s license for provision of the services of sending Vietnamese workers abroad as guest workers to send Vietnamese workers abroad;

c) Assigning branches of enterprises to provide the services of sending Vietnamese workers abroad as guest workers in contravention of regulations;

d) Performing labor supply contracts during the period of suspension from performance of labor supply contracts; carrying out any of the activities specified in Clauses 1, 2, 3 and 4 Article 9 of the Law on Vietnamese Guest Workers during the period of suspension.

11. Additional sanctions

a) Suspension from the operations specified in Clauses 1 and 3 Article 9 of the Law on Vietnamese Guest Workers for between 03 months and 06 months in the markets where the acts of violation specified at Point e Clause 2 of this Article are committed;

b) Suspension from the operations specified in Clauses 1, 2, 3 and 4 Article 9 of the Law on Vietnamese Guest Workers for between 12 months and 18 months in the markets where the acts of violation specified at Point b Clause 5 of this Article are committed;

c) Suspension from the operations specified in Clauses 1, 2 and 3 Article 9 of the Law on Vietnamese Guest Workers for between 06 months and 12 months, for the acts of violation specified at Point a Clause 8 of this Article;

d) Suspension from the operations specified in Clauses 1, 2, 3 and 4 Article 9 of the Law on Vietnamese Guest Workers for between 06 months and 12 months, for the acts of violation specified at Point dd Clause 8 of this Article.

12. Remedial measures

a) Forcible updating of information on workers sent abroad by the service enterprises on the database system on Vietnamese guest workers in accordance with law regulations, for the acts of violation specified at Point g Clause 1 of this Article;

b) Forcible full payment by service enterprises into the Fund for Overseas Employment Support of the payable amounts and interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the acts of violation specified in Clause 3 of this Article;

c) Forcible full payment into the Fund for Overseas Employment Support of the amounts contributed by workers to the Fund for Overseas Employment Support through the service enterprises and interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the acts of violation specified in Clause 4 of this Article;

d) Forcible payment of compensation to workers for damage caused by the enterprises or their branches in accordance with law regulations, for the acts of violation specified at Point d Clause 5 of this Article;

dd) Forcible return by service enterprises to workers of the amounts unlawfully collected from the workers and interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the acts of violation specified in Clause 6 and at Point a Clause 8 of this Article;

e) Forcible full refund by service enterprises to workers of the service charge amounts and interest thereon in accordance with law regulations, for the acts of violation specified at Point b Clause 8 of this Article;

g) Forcible refund of the amounts collected from workers sent abroad and interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, and forcible payment of expenses for bringing workers home, for the acts of violation specified at Point b Clause 9 of this Article;

h) Forcible refund of illicit profits earned through the commission of the acts of violation specified at Point c Clause 9 of this Article;

i) Forcible surrendering of licenses for provision of the services of sending Vietnamese workers abroad as guest workers to the competent agencies that granted such licenses, for the acts of violation specified at Point g Clause 9 of this Article.

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

1. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts of violation:

a) Failing to update information on workers on the database system on Vietnamese guest workers;

b) Failing to make reports after completion of overseas contracts won or received, or failing to make extraordinary reports at the request of provincial-level People’s Committees in accordance with law regulations.

2. A fine from VND 3,000,000 to VND 5,000,000 per worker affected by an act of violation, but not exceeding VND 200,000,000, shall be imposed for the act of failing to ensure that workers receive periodical health checks, including reproductive health care, and medical examination and treatment when they suffer sickness or accidents while working abroad.

3. A fine from VND 10,000,000 to VND 20,000,000 per worker affected by an act of violation, but not exceeding VND 200,000,000, shall be imposed for committing any of the following acts of violation:

a) Failing to organize orientation education courses for Vietnamese workers before they go abroad for work;

b) Failing to provide adequate, accurate or clear information on any of the following contents: working conditions, living conditions, interests and regimes for workers working at works or projects of enterprises winning or receiving contracts to execute overseas works or projects;

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

4. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts of violation:

a) Failing to repatriate workers or failing to pay the expenses for repatriating workers when the workers can no longer work abroad due to sickness or accidents;

b) Failing to organize the sending of the remains or corpses of workers who die while working abroad; failing to pay expenses related to the organization of sending of the remains or corpses of workers who die while working abroad.

5. A fine from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts of violation:

a) Sending more Vietnamese workers abroad than the number stated in the plan, or sending Vietnamese workers abroad inconsistently with the plan on sending of Vietnamese workers abroad notified to the provincial-level People’s Committee of the locality where the enterprise’s head office is located;

b) Failing to reach agreements with workers in labor contract annex in accordance with regulations, or reaching agreements in labor contract annex whose contents are inconsistent with the plan on the sending of Vietnamese workers abroad notified to the provincial-level People’s Committee of the locality where the enterprise’s head office is located.

6. A fine from VND 75,000,000 to VND 90,000,000 shall be imposed for any of the following acts of violation:

a) Failing to report to or failing to coordinate with overseas Vietnamese representative missions in managing workers and protecting their lawful and legitimate rights and interests during their period of working abroad;

b) Failing to comply with requests of competent agencies or failing to coordinate with relevant agencies and organizations of countries where workers work in settling disputes related to workers working abroad;

c) Failing to settle or failing to coordinate in settling arising problems for workers when workers die, or suffer accidents, have their life, health, honor, dignity or assets infringed upon; or when natural disasters, epidemics, wars or political instability, economic recession or emergency circumstances occur; or upon other force majeure events.

7. A fine from VND 50,000,000 to VND 70,000,000 per worker affected by an act of violation, but not exceeding VND 200,000,000, shall be imposed on the act of abusing the sending of Vietnamese workers abroad to unlawfully collect money from workers.

8. A fine from VND 150,000,000 to VND 180,000,000 shall be imposed for any of the following acts of violation:

a) Abusing the sending of Vietnamese workers abroad as guest workers to organize illegal exit from the country, exploit workers or practice forced labor, without being examined for penal liability;

b) Sending Vietnamese workers abroad as guest workers in any of the following cases: in prohibited areas; to perform prohibited jobs; in violation of social ethics; adversely affecting the health of workers or the community, but not to the extent of being examined for penal liability; or without permission from worker-receiving countries;

c) Forcing, enticing, inducing or deceiving Vietnamese workers to stay abroad, without being examined for penal liability;

d) Sending Vietnamese workers abroad without notifying the provincial-level People’s Committee of the locality where the enterprise’s head office is located of the plan on the sending of Vietnamese workers abroad.

9. Additional sanctions

Suspension from the activities of sending Vietnamese workers abroad by Vietnamese enterprises winning or receiving contracts to execute overseas works or projects for between 06 months and 12 months, for the acts of violation specified in Clauses 6, 7 and 8 of this Article.

10. Remedial measures

a) Forcible updating of information on workers on the database system on Vietnamese guest workers, for the acts of violation specified at Point a Clause 1 of this Article;

b) Forcible repatriation of workers, or forcible payment of the expenses for workers to return home, for the acts of violation specified at Point a Clause 4 of this Article;

c) Forcible payment of expenses related to the organization of sending of the remains or corpses of workers who die while working abroad, for the acts of failing to pay such expenses specified at Point b Clause 4 of this Article;

d) Forcible return to workers of the amounts unlawfully collected from the workers and interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the acts of violation specified in Clause 7 of this Article;

dd) Forcible refund of illicit profits earned through the commission of the acts of violation specified at Point c Clause 8 of this Article.

Article 51. Violations of regulations on sending Vietnamese workers abroad by Vietnamese organizations and individuals making offshore investment

1. A fine from VND 500,000 to VND 1,500,000 shall be imposed for the act of failing to make annual periodic reports in accordance with regulations or failing to make extraordinary reports on the implementation of the sending of Vietnamese workers abroad in accordance with law regulations.

2. A fine from VND 1,500,000 to VND 2,500,000 shall be imposed for the act of failing to update information on workers on the database system on Vietnamese guest workers.

3. A fine from VND 5,000,000 to VND 10,000,000 per worker affected by an act of violation, but not exceeding VND 100,000,000, shall be imposed for committing any of the following acts of violation:

a) Failing to organize orientation education courses for Vietnamese workers before they go abroad for work;

b) Failing to provide adequate, accurate or clear information on any of the following contents: working conditions, living conditions, interests and regimes for workers working at production or business establishments or works established abroad by investing organizations or individuals;

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

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

4. A fine from VND 15,000,000 to VND 25,000,000 shall be imposed for any of the following acts of violation:

a) Sending more Vietnamese workers abroad than the number stated in the plan on sending of Vietnamese workers abroad notified to the provincial-level People’s Committee of the locality where the enterprise’s head office is located;

b) Failing to reach agreements with workers in labor contract annex in accordance with regulations, or reaching agreements in labor contract annex whose contents are inconsistent with the plan on the sending of Vietnamese workers abroad notified to the provincial-level People’s Committee of the locality where the enterprise’s head office is located;

c) Failing to enter into contracts on the sending of Vietnamese workers abroad according to the contents or forms of contracts prescribed by the Minister of Home Affairs in case of sending newly recruited workers abroad;

d) Failing to liquidate contracts on the sending of Vietnamese workers abroad with workers within 180 days from the date the workers terminate their labor contracts.

5. A fine from VND 35,000,000 to VND 45,000,000 shall be imposed for any of the following acts of violation:

a) Failing to report to or failing to coordinate with overseas Vietnamese representative missions in managing workers and protecting their lawful and legitimate rights and interests during their period of working abroad;

b) Failing to comply with requests of competent agencies or failing to coordinate with relevant agencies and organizations of countries where workers work in settling disputes related to workers working abroad;

c) Failing to settle arising problems when workers die, or suffer accidents, have their life, health, honor, dignity or assets infringed upon; or when natural disasters, epidemics, wars or political instability, economic recession or emergency circumstances occur; or upon other force majeure events.

6. A fine from VND 25,000,000 to VND 35,000,000 per worker affected by an act of violation, but not exceeding VND 100,000,000, shall be imposed on the act of abusing the sending of Vietnamese workers abroad to unlawfully collect money from workers.

7. A fine from VND 75,000,000 to VND 90,000,000 shall be imposed for any of the following acts of violation:

a) Abusing the sending of Vietnamese workers abroad as guest workers to organize illegal exit from the country, or exploit workers or practice forced labor, without being examined for penal liability;

b) Sending Vietnamese workers abroad as guest workers in any of the following cases: in prohibited areas; to perform prohibited jobs; in violation of social ethics; adversely affecting the health of workers or the community, but not to the extent of being examined for penal liability; or without permission from worker-receiving countries;

c) Forcing, enticing, inducing or deceiving Vietnamese workers to stay abroad, without being examined for penal liability;

d) Sending Vietnamese workers abroad without notifying the provincial-level People’s Committee of the locality where the enterprise’s head office is located of the plan on the sending of Vietnamese workers abroad.

8. Additional sanctions

Suspension from the activities of sending Vietnamese workers abroad by Vietnamese organizations and individuals making offshore investment for between 06 months and 12 months, for the acts of violation specified in Clauses 5, 6 and 7 of this Article.

9. Remedial measures

a) Forcible updating of information on workers on the database system on Vietnamese guest workers, for the acts of violation specified in Clause 2 of this Article;

b) Forcible assurance of the whole lawful rights and interests of workers sent abroad, for the acts of violation specified at Point a Clause 4 of this Article;

c) Forcible return to workers of the amounts unlawfully collected from the workers and interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the acts of violation specified in Clause 6 of this Article;

d) Forcible refund of illicit profits earned through the commission of the acts of violation specified at Point a Clause 4 and Point c Clause 7 of this Article.

Article 52. Violations of Vietnamese enterprises sending Vietnamese workers abroad for training or improvement of occupational qualifications and skills

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed for the act of failing to report to competent state agencies on the implementation of the sending of workers abroad for training or improvement of occupational qualifications and skills in accordance with law regulations.

2. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of failing to update information on workers on the database system on Vietnamese guest workers.

3. A fine from VND 10,000,000 to VND 20,000,000 per worker affected by an act of violation, but not exceeding VND 200,000,000, shall be imposed for committing any of the following acts of violation:

a) Failing to organize orientation education courses for workers before they go abroad for training or improvement of occupational qualifications and skills;

b) Failing to provide adequate, accurate or clear information on any of the contents specified in Clause 2 Article 37 of the Law on Vietnamese Guest Workers.

4. A fine from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following acts of violation:

a) Sending a number of Vietnamese workers abroad for training or improvement of occupational qualifications and skills exceeding the number registered with competent state agencies;

b) Intern acceptance contracts lacking any of the contents specified in Clause 2 Article 37 of the Law on Vietnamese Guest Workers;

c) Failing to enter into overseas vocational training contracts before sending workers abroad for training or improvement of occupational qualifications and skills;

d) Contents of overseas vocational training contracts being inconsistent with the contents of intern acceptance contracts.

5. A fine from VND 75,000,000 to VND 90,000,000 shall be imposed for any of the following acts of violation:

a) Failing to report to or failing to coordinate with overseas Vietnamese representative missions in managing workers and protecting their lawful and legitimate rights and interests during their period of working abroad;

b) Failing to comply with requests of competent agencies or failing to coordinate with relevant agencies and organizations of countries to which workers go for training or improvement of occupational qualifications and skills in settling disputes related to workers working abroad;

c) Failing to settle arising problems when workers die, or suffer accidents, have their life, health, honor, dignity or assets infringed upon; or when natural disasters, epidemics, wars or political instability, economic recession or emergency circumstances occur; or upon other force majeure events.

6. A fine from VND 150,000,000 to VND 180,000,000 shall be imposed for any of the following acts of violation:

a) Abusing the sending of Vietnamese workers abroad for training or improvement of occupational qualifications and skills to organize illegal exit from the country, or exploit workers or practice forced labor, without being examined for penal liability;

b) Sending Vietnamese workers abroad for training or improvement of occupational qualifications and skills without registering intern acceptance contracts, or after registering such contracts but without obtaining approval from competent state agencies;

c) Forcing, enticing, inducing or deceiving Vietnamese workers to stay abroad, without being examined for penal liability.

7. Remedial measures

a) Forcible updating of information on workers on the database system on Vietnamese guest workers, for the acts of violation specified in Clause 2 of this Article;

b) Forcible full performance by Vietnamese enterprises sending Vietnamese workers abroad for training or improvement of occupational qualifications and skills of their obligations and responsibilities toward workers in accordance with law regulations, for the acts of violation specified at Point c Clause 5 of this Article;

c) Forcible refund of illicit profits earned through the commission of the acts of violation specified at Point c Clause 6 of this Article.

Article 53. Violations of Vietnamese guest workers and other related organizations and individuals

1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on workers going abroad under directly concluded labor contracts before obtaining written certification of labor contract registration from commune-level People’s Committees of the localities where the workers permanently reside.

2. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed on workers who arbitrarily and illegally overstaying abroad after termination of their labor contracts or vocational training contracts without being threatened or coerced in any form and who are not subject to penal liability examination.

3. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed on organizations or individuals committing any of the following acts of violation:

a) Providing information, advertising, and providing counseling for workers going abroad without having the function to do so;

b) Organizing the recruitment of, or collecting money from, Vietnamese workers going abroad without having the function to do so;

c) Forcing, enticing, inducing or deceiving Vietnamese workers to stay abroad, without being examined for penal liability;

d) Forging licenses for provision of the services of sending Vietnamese workers abroad as guest workers, without being examined for penal liability;

4. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed on branches of service enterprises that carry out activities of sending Vietnamese workers abroad beyond the scope of tasks assigned by service enterprises or beyond the periods for which such tasks are assigned by service enterprises.

5. Remedial measures

Forcible return to workers of the amounts unlawfully collected from the workers and interest thereon calculated at the highest demand deposit interest rate announced by state-owned commercial banks at the time of sanctioning, for the acts of violation specified in Clause 4 of this Article.

CHAPTER V

COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS AND MAKE WRITTEN RECORDS OF ADMINISTRATIVE VIOLATIONS; PROCEDURES FOR SANCTIONING OF ADMINISTRATIVE VIOLATIONS; EXECUTION OF SANCTIONS OF ADMINISTRATIVE VIOLATIONS AND REMEDIAL MEASURES IN THE FIELDS OF LABOR, SOCIAL INSURANCE AND VIETNAMESE GUEST WORKERS

Section 1

COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS AND MAKE WRITTEN RECORDS OF ADMINISTRATIVE VIOLATIONS

Article 54. Competence to make written records of administrative violations

The following persons, while performing their official duties or tasks, are competent to make written records of administrative violations:

1. Persons competent to sanction administrative violations specified in Articles 55, 56, 57, 58, 59, 60, 61 and 62 of this Decree.

2. Civil servants and public workers of provincial-level Departments of Home Affairs may make written records of administrative violations for the acts of violation specified in secs II, III and IV of this Decree.

3. Civil servants in charge of cultural and social affairs may make written records of administrative violations for the acts of violation specified in Chapters II, III and IV of this Decree according to their assigned functions and tasks.

4. Civil servants and public workers of units under the Ministry of Home Affairs performing the functions of state management and specialized inspection of labor, social insurance and Vietnamese guest workers may make written records of administrative violations for the acts of violation specified in this Decree within the scope of inspection.

5. Civil servants and public workers of the Ministry of Finance, provincial-level social insurance agencies and the Vietnam Social Security may make written records of administrative violations for the acts of violation involving social insurance and payment of unemployment insurance premiums specified in Chapter III of this Decree according to their assigned functions and tasks.

6. Civil servants and public workers of the Ministry of Foreign Affairs may make written records of administrative violations for the acts of violation specified in Article 14 of this Decree according to their assigned functions and tasks.

7. Civil servants and public workers of the People’s Public Security Force may make written records of administrative violations for the acts of violation specified at Point c Clause 2 Article 8; Point dd Clause 3 Article 9; Points a, b and c Clause 4 Article 10; Point d Clause 1 and Clause 3 Article 11; Clauses 3 and 4 Article 13; Clause 3 Article 17; Points a and b Clause 3 Article 25; Clause 4 Article 28; Article 29; Point dd Clause 3 Article 32; Point dd Clause 1 Article 37; Clauses 5 and 6 Article 37; Clause 2 Article 38; Point a Clause 3 Article 39; Article 44; Article 46; Point a Clause 1 and Clause 2 Article 47; Point b Clause 1 Article 48; Points a, c and d Clause 4 Article 48; Point b Clause 6 Article 48; Points a, b and e Clause 1 Article 49; Point a Clause 6 Article 49; Point a Clause 8 Article 49; Points a, b, c, d, e, g and h Clause 9 Article 49; Clause 8 Article 50; Clause 1 and Points a, b and c Clause 7 Article 51; Points a and c Clause 6 Article 52; and Article 53 of this Decree according to their assigned functions, tasks and powers within the fields and localities under their management.

8. Civil servants and public workers of the Vietnam Coast Guard may make written records of administrative violations for the acts of violation specified in Chapter II of this Decree according to their functions, tasks and powers within their assigned fields, localities and maritime zones.

9. Civil servants and public workers of the Border Guard Force may make written records of administrative violations for the acts of violation specified at Point a Clause 9 Article 49; Clause 8 Article 50; Point a Clause 7 Article 51; and Point a Clause 6 Article 52 of this Decree within their scope and fields of management and in conformity with their assigned functions, tasks, powers and localities.

10. Diplomatic officers and consular officers at diplomatic representative missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad may make written records of administrative violations for the acts of violation specified at Point c Clause 9 Article 49; Point c Clause 8 Article 50; Point c Clause 7 Article 51; Point c Clause 6 Article 52; Clause 2 Article 53; and Point c Clause 3 Article 53 of this Decree.

11. Heads of inspection teams and inspectors who are members of inspection teams may make written records of administrative violations for the acts of violation specified in this Decree within the scope of inspection.

Article 55. Sanctioning competence of chairpersons of People’s Committees

1. Chairpersons of People’s Committees of communes, wards and special zones (hereinafter referred to as commune level) shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 37,500,000, for the acts of administrative violation in the fields of labor and social insurance;

c) Impose a fine of up to VND 50,000,000, for the acts of administrative violation in the field of Vietnamese guest workers;

d) Deprive of the right to use practice certificates for a definite term or suspend operation for a definite time;

dd) Confiscate administrative violation material evidences;

e) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

2. Chairpersons of People’s Committees of provinces and cities (hereinafter referred to as provincial level) shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 75,000,000, for the acts of administrative violation in the fields of labor and social insurance;

c) Impose a fine of up to VND 100,000,000, for the acts of administrative violation in the field of Vietnamese guest workers;

d) Deprive of the right to use practice certificates for a definite term or suspend operation for a definite time;

dd) Confiscate administrative violation material evidences;

e) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

Article 56. Sanctioning competence of the Director General of the Department of Overseas Labor and heads of inspection teams established by the Director General of the Department of Overseas Labor

1. The Director General of the Department of Overseas Labor shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 100,000,000, for the acts of administrative violation in the field of Vietnamese guest workers;

c) Suspend operations for a definite time;

d) Apply the remedial measures defined in Clause 3 Article 3 of this Decree;

2. Heads of inspection teams established by the Director General of the Department of Overseas Labor shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 80,000,000, for the acts of administrative violation in the field of Vietnamese guest workers;

c) Suspend operations for a definite time;

d) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

Article 57. Sanctioning competence of Directors of provincial-level social insurance agencies, the Director General of Vietnam Social Security and Heads of specialized inspection teams established by the Vietnam Social Security

1. Directors of provincial-level social security agencies shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 37,500,000, for the acts of administrative violation in the fields of social insurance and payment of unemployment insurance premiums;

c) Confiscate administrative violation material evidences;

d) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

2. The Director General of the Vietnam Social Security shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 75,000,000, for the acts of violation in the fields of social insurance and payment of unemployment insurance premiums;

c) Confiscate administrative violation material evidences;

d) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

3. Heads of specialized inspection teams established by the Vietnam Social Security shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 60,000,000, for the acts of administrative violation in the fields of social insurance and payment of unemployment insurance premiums;

c) Confiscate administrative violation material evidences;

d) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

Article 58. Sanctioning competence of the Public Security Force

1. Policemen who are on duty shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 7,500,000, for the acts of violation in the fields of labor and social insurance; and a fine of up to VND 10,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Confiscate administrative violation material evidences of a value not exceeding two times the fine level mentioned at Point b of this Clause.

2. Heads of company-level mobile police units shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 15,000,000, for the acts of violation in the fields of labor and social insurance; and a fine of up to VND 20,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Confiscate administrative violation material evidences of a value not exceeding two times the fine level mentioned at Point b of this Clause.

3. Chiefs of police stations, heads of battalion-level mobile police units, heads of marine squads, station chiefs and team heads shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 22,500,000, for the acts of violation in the fields of labor and social insurance; and a fine of up to VND 30,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Suspend operations for a definite time;

d) Confiscate administrative violation material evidences of a value not exceeding two times the fine level mentioned at Point b of this Clause.

4. Chiefs of commune-level police offices shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 37,500,000, for the acts of violation in the fields of labor and social insurance; and a fine of up to VND 50,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Suspend operations for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

5. Heads of border-gate police offices of international airports; heads of professional divisions of the Department of Homeland Security, including: Head of the Catholic Security Division, Head of the Division for Security of Other Religions, Head of the Ethnic Minority Security Division, Head of Anti-Subversion Division, Head of Counter-Terrorism Division, Head of the Social Security Division; heads of professional divisions of the Internal Political Security Department, including: Head of the Division for Internal Protection of Central-level Party Agencies and State Authorities, Head of the Division for Security of Judiciary, Legislative bodies, and Central-level Socio-Political Organizations, Head of the Press and Publication Security Division, Head of the Health and Education Security Division, Head of the Culture, Sports, and Social Affairs Security Division, Head of the Posts, Telecommunications, and Information Technology Security Division; Head of the Division for State Management of State Secrets Protection; Heads of professional divisions of the Economic Security Department, including: Head of the Industry and Trade Security Division, Head of the Monetary Security Division, Head of the Finance and Investment Security Division, Head of the Science, Technology, and Resources and Environment Security Division; Heads of professional divisions under the Police Department for Investigation of Drug-Related Crimes, including: Head of the Division for Prevention and Investigation of Crimes related to Illegal Trading and Transportation of Narcotic Substances, Head of the Division for Prevention and Investigation of Crimes in the Field of Organizing and Harboring for Illegal Use of Narcotic Substances, Head of the Division for Prevention and Investigation of Crimes related to Illegal Production of Narcotic Substances, Head of the Division for Prevention and Investigation of Crimes in Legal Drug-related Activities; Heads of professional divisions under the Police Department for Administrative Management of Social Order, including: Director of the National Population Data Center; Heads of professional divisions under the Traffic Police Department, including: Head of the Division for Guidance on Communications, Investigation, and Handling of Traffic Accidents, Head of the Division for Guidance, Registration, and Inspection of Vehicles, Head of the Division for Guidance on Patrol and Control of Road and Railway Traffic, Head of the Division for Guidance on Traffic Control and Escort, Head of the Division for Guidance on Patrol, Control, and Crime Prevention on Inland Waterways, Commanders of Waterway Police Squadrons; Heads of professional divisions under the Fire and Rescue Police Department, including: Head of the Division for Firefighting, Rescue and Salvage, Head of the Division for Science and Technology Management and Inspection of Equipment for Fire and Rescue; Heads of professional divisions under the Department of Cybersecurity and High-Tech Crimes, including: Head of the Division for Prevention and Control of Crimes using Cyberspace to undermine Economic Management Order, Head of the Division for Prevention and Control of Crimes using Cyberspace to undermine Social Order, Head of the Cyberinformation Security Division, Head of the Division for Protection of National Information Network System Security, Head of the Division for Cyberinformation Surveillance and Prevention of Activities using Cyberspace to undermine National Security; Heads of professional divisions under the Immigration Department, including: Heads of Divisions for Management of Entry, Exit, and Residence of Foreigners, Heads of Divisions for Management of Exit and Entry of Vietnamese Citizens, Director of the National Aviation Security Center; Heads of professional divisions under the National Data Center, including: Head of the Application Administration Division, Head of the Data Administration Division, Head of the System Security and Safety Division, Head of the IT System Administration and Operation Division; Heads of professional divisions under the Department of Professional Records and Archives, including: Director of the Professional Information and Data Center of the Ministry of Public Security, Director of the Professional Information Reception and Processing Center, Head of the Informatics and Professional Records Database Management Division; Heads of regiment-level Mobile Police units; Heads of Divisions under provincial-level Police Departments, including: Heads of the Homeland Security Divisions, Heads of the Internal Political Security Divisions, Heads of the Police Divisions for Administrative Management of Social Order, Head of the Police Divisions for Investigation of Social Order-related Crimes, Heads of the Police Divisions for Investigation of Corruption, Economic, Smuggling, and Environmental Crimes, Heads of the Police Divisions for Investigation of Drug-related Crimes, Heads of the Traffic Police Divisions, Heads of the Mobile Police Divisions, Heads of the Police Divisions for Execution of Criminal Judgments and Judicial Support, Heads of the Fire and Rescue Police Divisions, Heads of the Cybersecurity and High-Tech Crime Divisions, Heads of the Economic Security Divisions, Heads of the External Security Divisions, Head of the Divisions of Professional Records and Archives and Chiefs of the Offices of the provincial-level Investigation Police Agencies shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 60,000,000, for the acts of violation in the fields of labor and social insurance; and a fine of up to VND 80,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Suspend operations for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

6. The heads of Immigration Divisions under provincial-level Police Departments shall have the power to impose sanctions according to Clause 5 of this Article and may decide on application of the sanction of expulsion.

7. Directors of provincial-level Public Security Departments shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 75,000,000, for the acts of violation in the fields of labor and social insurance; and a fine of up to VND 100,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Suspend operations for a definite time;

d) Confiscate administrative violation material evidences;

dd) Impose the sanction of expulsion;

e) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

8. The Director of the Internal Political Security Department, Director of the Economic Security Department, Chief of the Office of the Investigation Police Agency under the Ministry of Public Security, Director of the Police Department for Administrative Management of Social Order, Director of the Police Department of Social Order-related Crime Investigation, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Police Department for Drug-Related Crimes, Director of the Traffic Police Department, Director of the Fire and Rescue Police Department, Director of the Environmental Crime Prevention and Combat Police Department, Director of the Department of Cybersecurity and Hi-Tech Crime Prevention and Combat, Director of the Department of Homeland Security, Director of the Police Department for Custody, Temporary Detention and of Criminal Judgment Execution in the Community, Commander of the Mobile Police Department, Director of the National Data Center, and Director of the Department of Professional Records and Archives shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 75,000,000, for the acts of violation in the fields of labor and social insurance; and a fine of up to VND 100,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Suspend operations for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

9. The director of the Immigration Department shall have the power to impose sanctions according to Clause 8 of this Article and may decide on application of the sanction of expulsion.

Article 59. Sanctioning competence of the Vietnam Coast Guard

1. Coast Guard officers on official duty shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 3,750,000, for the acts of violation in the fields of labor and social insurance;

c) Confiscate administrative violation material evidences of a value not exceeding two times the fine level mentioned at Point b of this Clause.

2. Heads of Coast Guard professional teams shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 7,500,000, for the acts of violation in the fields of labor and social insurance;

c) Confiscate administrative violation material evidences of a value not exceeding two times the fine level mentioned at Point b of this Clause.

3. Heads of professional operation squads of the Coast Guard and Heads of Coast Guard stations shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 15,000,000, for the acts of violation in the fields of labor and social insurance;

c) Confiscate administrative violation material evidences of a value not exceeding two times the fine level mentioned at Point b of this Clause.

4. Captains of Coast Guard flotillas shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 22,500,000, for the acts of violation in the fields of labor and social insurance;

c) Confiscate administrative violation material evidences of a value not exceeding two times the fine level mentioned at Point b of this Clause;

d) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

5. Chiefs of coast guard fleets; heads of reconnaissance teams, and heads of drug-related crime prevention and combat task force regiments of the Vietnam Coast Guard shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 37,500,000, for the acts of violation in the fields of labor and social insurance;

c) Deprive of the right to use practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

6. Coast Guard regional commanders, and the Director of the Professional and Legal Department of the Vietnam Coast Guard shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 60,000,000, for the acts of violation in the fields of labor and social insurance;

c) Deprive of the right to use practice certificates for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

7. The Vietnam Coast Guard Commander shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 75,000,000, for the acts of violation in the fields of labor and social insurance;

c) Deprive of the right to use practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

Article 60. Sanctioning competence of Border Guards

1. Border-guard soldiers who are on duty shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 5,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Confiscate administrative violation material evidences of a value not exceeding two times the fine level mentioned at Point b of this Clause.

2. Station chiefs or Team commanders of those specified in Clause 1 of this Article shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 10,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Confiscate administrative violation material evidences of a value not exceeding two times the fine level mentioned at Point b of this Clause.

3. Heads of drug and crime prevention and combat task force teams under drug and crime prevention and combat task force regiments shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 15,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Confiscate administrative violation material evidences of a value not exceeding two times the fine level mentioned at Point b of this Clause.

4. Chiefs of border-guard stations, heads of border-guard flotillas, and commanders of commanding boards of port border-gate guards at ports shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 30,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Confiscate administrative violation material evidences of a value not exceeding two times the fine level mentioned at Point b of this Clause;

d) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

5. Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Suspend operations for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

6. The Commander of Border Guard Command; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 100,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Suspend operations for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

Article 61. Sanctioning competence of heads of agencies performing state management by sector and field and a number of other titles

1. Directors of provincial-level Departments of Home Affairs shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 60,000,000, for the acts of violation in the fields of labor and social insurance; and a fine of up to VND 80,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Deprive of the right to use practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

2. The Director of the Department of Employment and the Director of the Department of Salary and Social Insurance shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 75,000,000, for the acts of violation in the fields of labor and social insurance;

c) Deprive of the right to use practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

3. Heads of inspection teams established by the Minister of Home Affairs, the Minister of Finance, or the Minister of Foreign Affairs shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 75,000,000, for the acts of violation in the fields of labor and social insurance; and a fine of up to VND 100,000,000, for the acts of violation in the field of Vietnamese guest workers;

c) Deprive of the right to use practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

4. Heads of inspection teams established by the Director of the Department of Employment or the Director of the Department of Salary and Social Insurance shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 60,000,000, for the acts of violation in the fields of labor and social insurance;

c) Deprive of the right to use practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate administrative violation material evidences;

dd) Apply the remedial measures defined in Clause 3 Article 3 of this Decree.

Article 62. Competence of diplomatic representative missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad

Heads of diplomatic representative missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad shall have the power to:

1. Impose caution.

2. Impose a fine of up to VND 100,000,000, for the acts of violation in the field of Vietnamese guest workers.

3. Confiscate administrative violation material evidences.

4. Apply the remedial measures defined in Chapter IV of this Decree.

Article 63. Principles for determination and division of sanctioning competence

1. The competence to sanction administrative violations of competent persons specified in Articles 55, 56, 57, 58, 59, 60, 61 and 62 of this Decree is the competence applicable to one act of administrative violation committed by an individual. In case of imposition of fines, the competence to sanction organizations is twice higher than the competence to sanction individuals.

2. Chairpersons of People’s Committees at all levels shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation specified in Chapters II, III and IV of this Decree according to the competence specified in Article 55 of this Decree and their assigned functions, tasks and powers.

3. The Director General of the Department of Overseas Labor and Heads of inspection teams established by the Director General of the Department of Overseas Labor shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation specified in Chapter IV of this Decree according to the competence specified in Article 56 of this Decree and their assigned functions, tasks and powers.

4. Directors of provincial-level social insurance agencies, the Director General of Vietnam Social Security and Heads of specialized inspection teams established by the Vietnam Social Security shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation involving social insurance and payment of unemployment insurance premiums specified in Chapter III of this Decree according to the competence specified in Article 57 of this Decree and their assigned functions, tasks and powers.

5. Persons with sanctioning competence of the People’s Public Security Force shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation specified at Point c Clause 2 Article 8; Point dd Clause 3 Article 9; Points a, b and c Clause 4 Article 10; Point d Clause 1 and Clause 3 Article 11; Clauses 3 and 4 Article 13; Clause 3 Article 17; Points a and b Clause 3 Article 25; Clause 4 Article 28; Article 29; Point dd Clause 3 Article 32; Point dd Clause 1 Article 37; Clauses 5 and 6 Article 37; Clause 2 Article 38; Point a Clause 3 Article 39; Article 44; Article 46; Point a Clause 1 and Clause 2 Article 47; Point b Clause 1 Article 48; Points a, c and d Clause 4 Article 48; Point b Clause 6 Article 48; Points a, b and e Clause 1 Article 49; Point a Clause 6 Article 49; Point a Clause 8 Article 49; Points a, b, c, d, e, g and h Clause 9 Article 49; Clause 8 Article 50; Clause 1 and Points a, b and c Clause 7 Article 51; Points a and c Clause 6 Article 52; and Article 53 of this Decree according to the competence specified in Article 58 of this Decree and their assigned functions, tasks and powers within the fields and localities under their management.

6. Persons with sanctioning competence of the Vietnam Coast Guard shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation specified in Chapter II of this Decree according to the competence specified in Article 59 of this Decree and their assigned functions, tasks and powers within their assigned fields, localities and maritime zones.

7. Persons with sanctioning competence of the Border Guard Force shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation specified at Point a Clause 9 Article 49; Clause 8 Article 50; Point a Clause 7 Article 51; and Point a Clause 6 Article 52 of this Decree according to the competence specified in Article 60 of this Decree within their scope and fields of management and in conformity with their assigned functions, tasks, powers and localities.

8. Directors of provincial-level Departments of Home Affairs shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation specified in Chapters II, III and IV of this Decree according to the competence specified in Clause 1 Article 61 of this Decree and their assigned functions, tasks and powers.

9. The Director of the Department of Employment shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation involving employment, occupational safety, unemployment insurance, working time and rest time specified in Sections 1 and 3 Chapter II; Clause 2 Article 18; Points c, d, dd and e Clause 3 Article 19; Clause 5 Article 19; Articles 20, 24, 26, 27, 28, 45, 46, 47 and 48 of this Decree according to the competence specified in Clause 2 Article 61 of this Decree and the assigned functions, tasks and powers.

10. Heads of inspection teams established by the Director of the Department of Employment shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation involving employment, occupational safety, unemployment insurance, working time and rest time specified in Sections 1 and 3 Chapter II; Clause 2 Article 18; Points c, d, dd and e Clause 3 Article 19; Clause 5 Article 19; Articles 20, 24, 26, 27, 28, 45, 46, 47 and 48 of this Decree according to the competence specified in Clause 4 Article 61 of this Decree and their assigned functions, tasks and powers.

11. The Director of the Department of Salary and Social Insurance shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation involving labor, wages and social insurance specified in Sections 2 and 4 Chapter II and Chapter III of this Decree according to the competence specified in Clause 2 Article 61 of this Decree and the assigned functions, tasks and powers.

12. Heads of inspection teams established by the Director of the Department of Salary and Social Insurance shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation involving labor, wages and social insurance specified in Sections 2 and 4 Chapter II and Chapter III of this Decree according to the competence specified in Clause 4 Article 61 of this Decree and their assigned functions, tasks and powers.

13. Heads of inspection teams established by the Minister of Home Affairs shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation specified in Chapters II, III and IV of this Decree according to the competence specified in Clause 3 Article 61 of this Decree and their assigned functions, tasks and powers.

14. Heads of inspection teams established by the Minister of Finance shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation involving social insurance and payment of unemployment insurance premiums specified in Chapter III of this Decree according to the competence specified in Clause 3 Article 61 of this Decree and their assigned functions, tasks and powers.

15. Heads of inspection teams established by the Minister of Foreign Affairs shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation in the field of labor specified in Article 14 of this Decree according to the competence specified in Clause 3 Article 61 of this Decree and their assigned functions, tasks and powers.

16. Heads of diplomatic representative missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad shall have the power to sanction administrative violations and apply remedial measures to the acts of administrative violation specified at Point c Clause 9 Article 49; Point c Clause 8 Article 50; Point c Clause 7 Article 51; Point c Clause 6 Article 52; Clause 2 Article 53; and Point c Clause 3 Article 53 of this Decree according to the competence specified in Article 62 of this Decree and their assigned functions, tasks and powers.

Section 2

EXECUTION OF SANCTIONS OF ADMINISTRATIVE VIOLATION AND REMEDIAL MEASURES

Article 64. Execution of sanctions of administrative violation

1. The execution of sanctions of administrative violation in the fields of labor, social insurance and Vietnamese guest workers shall comply with the Law on Handling of Administrative Violations, documents guiding the Law on Handling of Administrative Violations, and Clauses 2, 3 and 4 of this Article.

2. Persons issuing decisions on sanctioning of administrative violations shall send 01 copy of each sanctioning decision to the Minister of Home Affairs for the acts of violation specified at Points a, b, c, e and h Clause 5; Clause 6; Points a, b, dd, e, g and h Clause 9; and Points a, b and c Clause 10 Article 49 of this Decree.

3. Workers fined abroad may pay fines at Vietnamese diplomatic representative missions, consular offices abroad.

4. Fines shall be collected in Vietnam Dong. In case fines are collected in foreign currencies, they shall be converted into Vietnam Dong at exchange rates of commercial banks at the time of sanctioning.

Article 65. Execution of remedial measures

1. The execution of remedial measures specified in this Decree shall comply with the Law on Handling of Administrative Violations and guiding documents.

2. Procedures for executing the remedial measure of forcible surrendering of licenses and certificates:

a) Competent persons issuing decisions and violating individuals and organizations responsible for executing the remedial measure of forcible surrendering of licenses and certificates shall comply with Clauses 1, 2, 3 and 4 Article 85 of the Law on Handling of Administrative Violations;

b) Competent persons issuing decisions on execution of remedial measures as specified at Point a of this Clause shall send written notices enclosed with sanctioning decisions and licenses and certificates subject to forcible surrendering to the competent agencies or persons that granted such licenses and certificates;

c) In case licenses or certificates are granted in electronic form or presented in the form of data messages, the competent agencies or persons shall carry out the forcible surrendering of such licenses or certificates in the electronic environment in accordance with regulations, provided that the infrastructure, technical and information conditions are satisfied. The forcible surrendering of licenses or certificates shall be updated in databases, electronic identities or electronic identification accounts in accordance with regulations.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 66. Effect

1. This Decree takes effect on September 10, 2026.

2. The provisions on the competence to sanction administrative violations of the Director of the Department of Salary and Social Insurance in Clause 2 Article 61 and Clause 11 Article 63 of this Decree shall take effect from the effective date of the Decree amending and supplementing a number of articles of the Government’s Decree No. 189/2025/ND-CP dated July 1, 2025 detailing the Law on Handling of Administrative Violations regarding the competence to sanction administrative violations.

3. Points e, g and h Clause 2 Article 7 and Article 14 of this Decree shall take effect from the effective date of the Decree on recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam (amending and supplementing Decree No. 152/2020/ND-CP dated December 30, 2020 defining Vietnamese workers working for foreign organizations and individuals in Vietnam, as amended and supplemented by Decree No. 70/2023/ND-CP).

4. Decree No. 12/2022/ND-CP dated January 17, 2022 of the Government, defining the sanctioning of administrative violations in the fields of labor, social insurance, and Vietnamese guest workers shall cease to be effective from the effective date of this Decree.

Article 67. Transitional provision

1. For acts of administrative violations in the fields of labor, social insurance and Vietnamese guest workers occurring and terminating before the effective date of this Decree but detected or being considered and settled after the date on which this Decree takes effect, the Government's Decree on sanctioning of administrative violations and related legal documents which is effective at the time of committing the acts of violation shall apply for handling.

2. For acts of administrative violation in the fields of labor, social insurance and Vietnamese guest workers that occurred before the effective date of this Decree but are still ongoing after this Decree has taken effect, this Decree shall prevail for handling.

3. For decisions on sanctioning of administrative violations that have been issued or have been fully executed before the effective date of this Decree, if the sanctioned individuals or organizations still lodge complaints, the Law on Handling of Administrative Violations, the Government’s Decrees on sanctioning of administrative violations, and relevant legal normative documents effective at the time of issuance of the decisions on sanctioning of administrative violations shall apply for handling.

Article 68. Guidance and implementation responsibilities

1. The Minister of Home Affairs shall be responsible for guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, chairpersons of People’s Committees of provinces and centrally-run cities shall implement this Decree.