Forms of Sanctions and Remedial Measures in the Fields of Labor, Social Insurance, and Sending Vietnamese Workers Abroad under Contract

Forms of Sanctions and Remedial Measures in the Fields of Labor, Social Insurance, and Sending Vietnamese Workers Abroad under Contract

Forms of Sanctions

1. Organizations and individuals committing administrative violations in the fields of labor, social insurance, and sending Vietnamese workers abroad under contract shall be subject to the primary sanctions of warning or monetary fine.

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

a) Suspension of the right to use the labor outsourcing operation license for a period from 06 months to 12 months;
b) Confiscation of material evidence and means used in the administrative violation, including forged licenses, certificates, and diplomas;
c) Suspension of occupational safety and hygiene training activities for a period from 01 month to 03 months;
d) Suspension of occupational safety technical inspection activities for a period from 01 month to 03 months;
đ) Suspension of labor environment monitoring activities for a period from 03 months to 06 months;
e) Suspension of activities of sending Vietnamese workers abroad under contract for a period from 06 months to 12 months;
g) Suspension of labor source preparation activities for a period from 06 months to 12 months or from 12 months to 24 months;
h) Suspension of labor recruitment activities for a period from 06 months to 12 months;
i) Suspension of implementation of labor supply contracts for a period from 01 month to 03 months;
k) Suspension of activities specified under Clauses 1, 2, 3, and 4, Article 9 of the Law on Vietnamese Workers Working Abroad under Contract, for a period from 06 months to 12 months;
l) Suspension of activities of sending Vietnamese workers abroad to work as domestic helpers for a period from 06 months to 12 months;
m) Suspension of occupational safety and hygiene assessment activities for a period from 01 month to 03 months;
n) Deportation of foreign workers working in Vietnam.

Remedial Measures

In addition to the sanctions mentioned above, organizations and individuals committing administrative violations may also be subject to one or more of the following remedial measures:

• Reimbursement to individuals and organizations using employment services of the fees collected, plus interest thereon;

• Reimbursement to employees of unlawfully collected amounts;

• Obligation for employers to conclude employment contracts with employees, including written contracts with domestic workers or with authorized representatives of a group of employees;

• Return of original identification papers, diplomas, and certificates withheld from employees;

• Return of money or property unlawfully withheld from employees, plus interest thereon;

• Payment of salaries, wages, allowances, or other entitlements owed to employees, apprentices, and trainees;

• Payment of outstanding wages plus interest for delayed or insufficient payment;

• Payment of wages for suspension periods, temporary workplace closures, or for employee representatives performing duties under the law;

• Payment of wages for female employees during menstruation or nursing periods as provided by law;

• Payment of travel expenses for domestic workers;

• Payment of social insurance and health insurance premiums for domestic workers;

• Reinstatement of employees, including strike leaders, unlawfully dismissed or terminated, and full payment of salaries and insurance contributions during such periods;

• Proper job assignment or workplace arrangement according to employment contracts;

• Renewal of employment contracts for employee representatives until the end of their tenure;

• Completion of certification procedures and return of documents to employees;

• Medical referral and coverage for employees suffering occupational accidents or diseases, including medical assessment and rehabilitation;

• Provision of other statutory guarantees for employee representatives;

• Payment of severance or redundancy allowances plus interest;

• Reimbursement of unlawfully collected tuition fees from apprentices and trainees;

• Compensation for failure to provide statutory advance notice of termination;

• Payment of amounts equivalent to compulsory insurance contributions plus interest;

• Public apology and full coverage of treatment costs, including wages during medical treatment, in cases where bodily harm is caused to employees;

• Compensation in kind or in cash for statutory nutritional allowances;

• Coverage of co-payment and non-covered expenses for employees under health insurance suffering occupational accidents or diseases;

• Full medical costs from emergency to stabilization for uninsured employees suffering occupational accidents or diseases;

• Payment of medical assessment fees for incapacity evaluations below 5% where initiated by the employer;

• Payment of statutory allowances, compensations, plus interest;

• Payment of wage differentials to outsourced employees;

• Reimbursement by occupational environment monitoring organizations to employers for monitoring service fees plus interest;

• Annulment of training, inspection, or monitoring results obtained through violations, and reimbursement of related costs plus interest;

• Annulment of unlawful labor disciplinary decisions and reinstatement with full wage payment;

• Payment of delayed or insufficient trade union funding contributions plus interest;

• Remittance of illegal profits from labor outsourcing or other activities into the state budget;

• Payment of unpaid compulsory social insurance and unemployment insurance contributions, plus interest calculated at twice the average investment interest rate of the social insurance fund for the preceding year;

• Repayment to the social insurance agency of unlawfully received benefits, subsidies, or training support funds;

• Payment of post-accident convalescence and rehabilitation allowances;

• Reimbursement to employees of social insurance benefits misappropriated by employers, plus interest;

• Repayment by vocational education institutions of unlawfully obtained funds to the social insurance agency;

• Compliance with vocational training and skill-upgrading plans approved by competent authorities;

• Payment to the social insurance agency of unused vocational training support funds;

• Reinstatement and payment of full wages to employees unlawfully dismissed;

• Obligations on service enterprises, contractors, and investors to update labor data on the national database of Vietnamese workers abroad;

• Full payment into the Overseas Employment Support Fund of fees collected from workers, plus interest;

• Compensation by service enterprises for damages caused to employees;

• Repatriation of employees or reimbursement of repatriation costs for employees abroad;

• Coverage of repatriation costs for deceased workers abroad;

• Return of unlawfully collected amounts to employees, plus interest;

• Return of issued licenses, certificates, or diplomas to the competent licensing authority.

(Legal basis: Clauses 3 and 4, Article 17, Decree No. 12/2022/ND-CP on Administrative Sanctions in the Fields of Labor, Social Insurance, and Vietnamese Workers Working Abroad under Contract).