Decree No. 28/2020/ND-CP penalties for administrative violations arising from labor and social insurance

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ATTRIBUTE

Decree No. 28/2020/ND-CP dated March 01, 2020 of the Government on providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract
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Official number:28/2020/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:
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Issuing date:01/03/2020Effect status:
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Fields:Administrative violation , Labor - Salary

SUMMARY

Employer pays workers less than the region-based minimum wages shall be fined up to VND 75 million

On March 01, 2020, the Government promulgates the Decree No. 28/2020/ND-CP on providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract.

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.

This Decree takes effect on April 15, 2020.
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Effect status: Known

THE GOVERNMENT

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No. 28/2020/ND-CP

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

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Hanoi, March 01, 2020

 

 

DECREE
Providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract

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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.

 

Chapter I
GENERAL PROVISIONS

 

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.

2. Based on the nature and seriousness of the organization and individual’s violations, a violator may be imposed one or several of the following additional penalties:

a) Deprivation of the right to use the labor lease License for a term of 01 - 03 months, or a term of 06 to 12 months;

b) If the violator is an inspector, he/she shall be deprived the right to use the Inspector’s Certificate for 01 to 03 months;

c) Revocation of the labor lease License;

d) Revocation of the Certificate of eligibility for training in occupational safety and hygiene;

dd) Revocation of the Certificate of eligibility for operation of occupational safety technical testing service;

e) Revocation of Inspector’s Certificate;

g) Suspension of activity of training for 01 month to 03 months;

h) Suspension of activity of inspection for 01 month to 03 months;

i) Suspension of monitoring activity of working environment for 03 months to 06 months;

k) Suspension of activity of sending workers abroad for 01 month to 03 months, or 04 months to 06 months, or 06 months to 12 months;

l) Suspension of the manpower supply contract for a term of 01 month to 03 months, or 03 months to 06 months, or 06 months to 12 months;

m) Expulsion of foreign employee who works in Vietnam.

Article 4. Remedial measures

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