Violations relating to recruitment and labor management
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on an employer who commits any of the following acts:
a) Failure to declare the use of employees as prescribed;
b) Collecting money from employees during the recruitment process;
c) Failure to record or fully enter employee information into the labor management book from the date the employee commences work;
d) Failure to present the labor management book upon request by a competent state authority.
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer who commits any of the following acts:
a) Discrimination in employment, except for acts of discrimination specified in Point d Clause 1 Article 13, Clause 2 Article 23, Clause 1 Article 36, and Clause 2 Article 37 of Decree No. 12/2022/ND-CP;
b) Employing workers without proper training or without a national vocational skills certificate for occupations or jobs requiring such qualifications;
c) Failure to report changes in the labor situation as prescribed;
d) Failure to establish a labor management book, late establishment, or failure to ensure essential contents as prescribed by law.
3. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for any of the following acts: enticing, soliciting, making false promises, deceptive advertising, or using other tricks to defraud employees or recruit employees for the purpose of exploitation or forced labor, but not yet to the extent of criminal prosecution.
4. Remedial measures
The employer shall be compelled to return to employees any money collected in violation of Point b Clause 1 above.
Violations relating to the conclusion of labor contracts
1. A fine shall be imposed on an employer who commits any of the following acts: concluding a labor contract not in writing with an employee engaged in work of a term of at least 01 month; concluding a labor contract not in writing with a person authorized to conclude contracts for a group of employees aged 18 years or older doing seasonal work or certain jobs of less than 12 months under Clause 2 Article 18 of the Labor Code; concluding an incorrect type of labor contract; concluding a contract lacking essential contents as prescribed by law, according to the following levels:
a) From VND 2,000,000 to VND 5,000,000 for violations involving 01 to 10 employees;
b) From VND 5,000,000 to VND 10,000,000 for violations involving 11 to 50 employees;
c) From VND 10,000,000 to VND 15,000,000 for violations involving 51 to 100 employees;
d) From VND 15,000,000 to VND 20,000,000 for violations involving 101 to 300 employees;
đ) From VND 20,000,000 to VND 25,000,000 for violations involving 301 employees or more.
2. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on an employer who commits any of the following acts:
a) Retaining original identity documents, diplomas, or certificates of employees upon conclusion or performance of a labor contract;
b) Forcing employees to provide monetary or asset guarantees for contract performance;
c) Concluding a labor contract with employees aged 15 to under 18 without written consent from their legal representative.
3. Remedial measures:
a) Compelling the employer to conclude a written labor contract with employees where required but not done;
b) Compelling the employer to conclude a written labor contract with the authorized representative of employees working on a seasonal or specific job basis of under 12 months where required but not done;
c) Compelling the employer to conclude the correct type of labor contract with employees where an incorrect type was concluded;
d) Compelling the employer to return original identity documents, diplomas, and certificates unlawfully retained;
đ) Compelling the employer to return monetary or asset guarantees plus interest calculated at the highest demand deposit rate announced by state-owned commercial banks at the time of sanctioning.
Violations relating to probation
1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on an employer who:
a) Requires probation for employees under contracts of less than 01 month;
b) Fails to notify employees of probation results as prescribed.
2. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed on an employer who:
a) Requires an employee to undergo probation more than once for a job;
b) Extends probation beyond the statutory limit;
c) Pays probationary wages lower than 85% of the wage for the job;
d) Fails to conclude a labor contract when the employee passes probation in cases where a probation agreement was made.
3. Remedial measures:
a) Compelling the employer to pay full wages for the job in cases of violations specified at Point a Clause 1 and Points a, b, c Clause 2 above;
b) Compelling the employer to conclude a labor contract with employees where required but not done under Point d Clause 2 above.
Violations relating to performance of labor contracts
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on an employer who temporarily transfers an employee to another job not specified in the contract without providing at least 03 working days’ prior notice, or without notifying or specifying the temporary period, or assigning work unsuitable to the employee’s health or gender.
2. A fine ranging from VND 3,000,000 to VND 7,000,000 shall be imposed on an employer who commits any of the following acts:
a) Assigning employees to work at a location different from that agreed in the contract, except as prescribed in Article 29 of the Labor Code;
b) Failing to reinstate employees after the expiration of a temporary suspension of the contract while the contract remains valid, unless otherwise agreed or provided by law;
c) Transferring employees to work not specified in the contract without proper reasons, exceeding the allowed duration, or without written consent of the employee.
3. A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed for acts of workplace sexual harassment not yet to the extent of criminal prosecution.
4. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed on an employer who:
a) Commits forced labor or mistreatment not yet to the extent of criminal prosecution;
b) Forces employees to perform labor contracts as a means of debt repayment.
5. Remedial measures:
a) Compelling the employer to arrange work at the agreed location;
b) Compelling the employer to reinstate employees after contract suspension and to pay wages for days of non-reinstatement, unless otherwise agreed or provided by law;
c) Compelling the employer to assign employees to work in accordance with the concluded labor contract.
Violations relating to amendment, supplementation, and termination of labor contracts
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on an employer who fails to notify employees in writing of contract termination where required by the Labor Code, except in cases specified in Clauses 4, 5, 6, 7, and 8 Article 34.
2. A fine shall be imposed on an employer who commits any of the following acts: amending contract terms by an appendix in violation of the law; failure to comply with statutory deadlines for settlement of employee entitlements upon termination; failure to pay or insufficient payment of severance allowance or job-loss allowance; failure to pay or insufficient payment of wages in cases of unlawful unilateral termination; failure to complete social insurance and unemployment insurance confirmation procedures and return retained documents upon contract termination; failure to provide copies of documents relating to employees’ work history upon request, according to the following levels:
a) From VND 1,000,000 to VND 2,000,000 for violations involving 01 to 10 employees;
b) From VND 2,000,000 to VND 5,000,000 for violations involving 11 to 50 employees;
c) From VND 5,000,000 to VND 10,000,000 for violations involving 51 to 100 employees;
d) From VND 10,000,000 to VND 15,000,000 for violations involving 101 to 300 employees;
đ) From VND 15,000,000 to VND 20,000,000 for violations involving 301 employees or more.
3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer who commits any of the following acts:
a) Dismissing employees due to restructuring, technological changes, or economic reasons without consulting with the grassroots-level employee representative organization (if any) or without providing 30 days’ prior notice to the provincial People’s Committee or employees;
b) In cases of restructuring, technological changes, economic reasons, enterprise division, separation, merger, consolidation, sale, lease, conversion, transfer of ownership or assets, failing to develop a labor utilization plan, or developing one without essential contents, or without consultation with the grassroots-level employee representative organization (if any);
c) Using work performance evaluation regulations without consulting the grassroots-level employee representative organization (if any).
4. Remedial measures:
a) Compelling the employer to fully pay severance allowance or job-loss allowance plus interest calculated at the highest demand deposit rate announced by state-owned commercial banks at the time of sanctioning;
b) Compelling the employer to complete insurance confirmation procedures and return retained documents;
c) Compelling the employer to pay employees wages corresponding to the contractual wage for the days of failure to give prior notice.
(Legal basis: Articles 8, 9, 10, 11, and 12 of Decree No. 12/2022/ND-CP on administrative penalties in the fields of labor, social insurance, and overseas employment under contract)
