Decree No. 28/2020/ND-CP penalties for administrative violations arising from labor and social insurance
Employer pays workers less than the region-based minimum wages shall be fined up to VND 75 million
Accordingly, fines shall be imposed upon any employer who pays workers less than the region-based minimum wages prescribed by the Government, according to one of the following levels: From VND 20 million to VND 30 million if the violation involves 01 - 10 workers; From VND 30 million to VND 50 million if the violation involves 11 - 50 workers; A fine from 50 million VND to VND 75 million, if the violation concerns 51 workers or more. Besides, the employer fails to notify the workers at least 10 days in advance before changing the methods of payment of salary also be fined from VND 02 million to VVND 05 million.
In addition, this Decree also regulates that a fine of from VND 1 million to VND 3 million shall be imposed upon any employer that temporarily assigns employee to perform another job which is not stated in the labor contract without notifying an employee 03 working days in advance or failing to notify clearly the time of temporary work or job placement which is not suitable to the health and gender of the employee.
For further details of the Decree 28/2020/ND-CP, Click here
translation of the Official Gazette of the Vietnam News Agency
THE SOCIALIST REPUBLIC OF VIETNAM
Hanoi, March 01, 2020
Providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract
Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;
Pursuant to the Labor Code dated June 18, 2012;
Pursuant to the Law on Employment dated November 16, 2013;
Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;
Pursuant to the Law on Trade Union dated June 20, 2012;
Pursuant to the Law on Social Insurance dated November 20, 2014;
Pursuant to the Law on Vietnamese Guest Workers under Contract dated November 29, 2006;
At the proposal of the Minister of Labor, Invalids and Social Affairs;
The Government hereby promulgates the Decree on providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract.
Article 1. Scope of regulation
This Decree provides provisions on the violations, penalties, fines, remedial measures, the powers to impose penalties, the powers to make records, the procedures for imposing penalties for administrative violations against regulations on labor, social insurance, and overseas manpower supply under contract.
Article 2. Subjects of application
1. Employers, workers and other individuals and organizations that have administrative violations against regulations on labor, social insurance and overseas manpower supply under contract as prescribed in this Decree.
2. Persons competence to impose penalties, to make records as prescribed in Chapter V of this Decree.
3. Other agencies, organizations and individuals concerning to the handling of administrative violations as prescribed in this Decree.
Article 3. Sanctions against administrative violations
1. Organizations and individuals having administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract shall be imposed a principal sanction of caution or fine.