Decree No. 88/2015/ND-CP on penalties of administrative violations in labor, social insurance and overseas manpower supply by co

THE GOVERNMENT

Decree No. 88/2015/ND-CP dated October 07, 2015 of the Government on amending a number of article of the Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract

Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Actions against administrative violations dated June 20, 2012;
Pursuant to the Labor Code dated June 18, 2012;
Pursuant to the Law on Trade Union dated June 20, 2012;
Pursuant to the Law on Employments dated November 16, 2013;
Pursuant to the Law on Social insurance dated June 29, 2006;
Pursuant to the Law on Social insurance dated November 20, 2014;
Pursuant to the Law on Vietnamese guest workers dated November 29, 2006;
At the request of the Minister of Labor, War Invalids and Social Affairs,
The Government promulgates a Decree on amending a number of articles of the Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract.
Article 1. To amend a number of articles of the Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract
1. To amend Article 3 as follows:
“Article 3. Fines for administrative violations against regulations on employment, social insurance, social insurance, and Vietnamese guest workers
1. The fines for violations mentioned in Chapter II, Chapter III, and Chapter IV of this Decree are applied to individuals, except for the cases mentioned in Clauses 1, 2, 3 of Article 4, Clauses 2, 4, 6 of Article 9, Clause 7 and Clause 8 of Article 17, Clause 4 of Article 28, Articles 29 through 34 of this Decree. The fine incurred by an organization is twice the fine incurred by an individual for the same violation.
2. The maximum fines the persons mentioned in Chapter V may impose are incurred by individuals. The maximum fines they may impose upon organizations are twice the fines imposed upon individuals.”
2. To amend Article 4 as follows:
“Article 4. Violations against regulations on employment services
1. Warnings or fines of from VND 500,000 to VND 1,000,000 shall be imposed upon any employment agency that notifies its employment service operation against the law.
2. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for each worker who is required by the employment agency to pay employment service charges beyond permissible limits.
3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon any employment agency that provides false or confusing information about job positions.
4. A fine of from VND 45,000,000 to VND 60,000,000 shall be imposed upon any employment agency that provides employment services without an employment service license issued by a competent authority or uses an expired employment service license.
5. Remedial measures: The employment agency shall be compelled to:
a) Return the amount of employment service charges collected beyond permissible limits to the payers if the violation mentioned in Clause 2 of this Article is committed;
b) Return the employment service charges to the payers if the violation mentioned in Clause 4 of this Article is committed.”
To add Article 4a after Article 4 as follows:
“Article 4a. Violations against regulations on recruitment and management of workers
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) Failure to publicly announce the labor demand, failure to announce the labor demand at least 5 working days before receiving workers’ applications, or failure to make an announcement that contain sufficient information as prescribed by law;
b) Failure to publicly announce the recruitment result or failure to announce the recruitment result within 05 working days from the day on which the result is available.
2. 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) Collecting money from applicants;
b) Failure to make a labor management book; failure to make a labor management book on schedule or that contains sufficient information as prescribed by law; failure to record and update information about works on the labor management book when employment contracts take effect; failure to update information about changes on the labor management book.
3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of discrimination by gender, skin color, social class, marital status, belief, religion, HIV infection, impairment in recruitment, employment, and worker management.
4. Remedial measures: The employer who commits the violation in Point a Clause 2 of this Article shall be compelled to return the money collected to the payers.”
4. To amend Article 5 as follows:
“Article 5. Violations against regulations on conclusion of employment contracts
1. The fines below shall be imposed upon any employer who commits any of the following violations: failure to conclude written employment contracts for works with duration longer than 03 months; failure to conclude the right type of employment contracts; failure to conclude employment contracts that contain sufficient information; concluding employment contracts with directors of state-funded enterprises against the law:
a) From VND 1,000,000 to VND 2,000,000 if the violation involves 01 – 10 workers;
b) From VND 2,000,000 to VND 5,000,000 if the violation involves 11 – 50 workers;
c) From VND 5,000,000 to VND 10,000,000 if the violation involves 51 – 100 workers;
d) From VND 10,000,000 to VND 15,000,000 if the violation involves 101 – 300 workers;
dd) From VND 15,000,000 to VND 20,000,000 if the violation involves more than 300 workers.
2. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed upon any employer that commits any of the following violations:
a) Keeping original copies of workers’ ID papers and/or qualifications;
b) Requiring workers to put up money or other property as guarantee for performance of employment contracts;
c) Concluding employment contract with workers aged from 15 to under 18 without written consents of their legal representatives.
3. Remedial measures: The employer shall be compelled to:
a) Return the original copies of workers’ ID papers and qualifications to workers if the violation mentioned in Point a Clause 2 of this Article is committed;
b) Return the money or property to workers plus an interest on the money at the highest rate of demand deposit of announced by state-owned commercial banks at the time of penalty imposition if the violation mentioned in Point b Clause 2 of this Article is committed.”
5. To amend Article 6 as follows:
“Article 6. Violations against regulations on probation
1. Warnings or fines of from VND 500,000 to VND 1,000,000 shall be imposed upon any employer who commits any of the following violations:
a) Requiring workers who work under casual labor contracts to undergo probation;
b) Failure to notify work results of workers who underwent probation as prescribed by law.
2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed upon any employer that commits any of the following violations:
a) Requiring workers to undergo more than one probation period for one job;
b) Requiring workers to undergo probation longer than permissible;
c) Paying employees undergoing probation less than 85% of the wage of the job.
d) Failure to conclude employment contracts with workers who keep working after the probation period.
3. Remedial measures: The employer shall be compelled to:
Pay 100% wages to workers if any of the violations mentioned in Point a Clause 1, Point a, Point b, and Point c Clause 2 of this Article is committed.”
6. To add Point c to Clause 2 Article 7 as follows:
“c) Giving workers other jobs against employment contracts without legitimate reasons or written consents of workers as prescribed by law.”
7.  To amend Article 8 as follows:
“Article 8. Violations against regulations on revision and termination of employment contracts
1. Fines shall be imposed upon any employer who commits any of the following violations: Revising the employment contract duration more than once with appendices or revising the employment contract duration with appendices that change the type of the concluded employment contract; failure to pay benefits to the worker on schedule when terminating the employment contract; failure to pay or pay sufficient severance pay, redundancy pay to the worker as prescribed by law; failure to pay or pay sufficient compensation when unilaterally terminating the employment contract against the law; failure to complete procedures for confirming and returning other documents to the worker after employment contract is terminated:
a) From VND 1,000,000 to VND 2,000,000 if the violation involves 01 – 10 workers;
b) From VND 2,000,000 to VND 5,000,000 if the violation involves 11 – 50 workers;
c) From VND 5,000,000 to VND 10,000,000 if the violation involves 51 – 100 workers;
d) From VND 10,000,000 to VND 15,000,000 if the violation involves 101 – 300 workers;
dd) From VND 15,000,000 to VND 20,000,000 if the violation involves more than 300 workers.
2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon any employer that commits any of the following violations:
a) Laying off 02 workers or more without discussing with the internal representative organization of workers or without notifying the provincial labor authority at least 30 days in advance in case of restructuring, technological change, or financial reasons;
b) Failure to make an employment plan as prescribed by law.
3. Remedial measures:
a) The employer who fails to pay or pay sufficient severance pay, redundancy pay, or compensation to the worker mentioned in Clause 1 of this Article shall be compelled to pay sufficient severance pay, redundancy pay, compensation to the worker when unilaterally terminating the employment contract against the law plus an interest on such amount at the highest rate of demand deposit of announced by state-owned commercial banks at the time of penalty imposition;
b) The employer who fails to complete the procedures for confirming and returning other documents to the worker mentioned in Clause 1 of this Article shall be compelled to complete the procedures for confirming and returning other documents to the workers.”
8. To amend Clauses 2, 3, 4, 8 of Article 9 as follows:
“2. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed upon any outsourcing service provider that commits any of the following violations:
a) Failure to sufficiently record the quantity of outsourced workers, outsourcing service users (outsourcers), and outsourcing service charges;
b) Failure to provide information or providing false information about the outsourcing contract for workers;
c) Failure to send a written notification to the Department of Labor, War Invalids and Social Affairs of the province of the location, area, time of commencement, manager, persons holding key positions of the enterprise; change of the manager or persons holding key positions, charter capital of the enterprise as prescribed by law; failure to report the outsourcing status as prescribed by law.
3. Fines shall be imposed upon any outsourcing service user that commits any of the following violations: Allowing another employer to hire the hired workers; collecting charges from outsourced workers; employing outsourced workers longer than the outsourcing duration:
a) From VND 5,000,000 to VND 10,000,000 if the violation involves 01 – 10 workers;
b) From VND 10,000,000 to VND 20,000,000 if the violation involves 11 – 50 workers;
c) From VND 20,000,000 to VND 30,000,000 if the violation involves 51 – 100 workers;
d) From VND 30,000,000 to VND 40,000,000 if the violation involves 101 – 300 workers;
dd) From VND 40,000,000 to VND 50,000,000 if the violation involves more than 300 workers.
4. Fines shall be imposed upon any outsourcing service provider that commits any of the following violations: Paying outsourced workers less than workers at the same level doing the same jobs or jobs with the same value of the outsourcing service user; paying wages and other benefits to outsourced workers less than the amount agreed with the outsourcing service user; outsourcing workers without the workers’ consent:
a) From VND 10,000,000 to VND 20,000,000 if the violation involves 01 – 10 workers;
b) From VND 20,000,000 to VND 40,000,000 if the violation involves 11 – 50 workers;
c) From VND 40,000,000 to VND 60,000,000 if the violation involves 51 – 100 workers;
d) From VND 60,000,000 to VND 80,000,000 if the violation involves 101 – 300 workers;
dd) From VND 80,000,000 to VND 100,000,000 if the violation involves more than 300 workers.”
“8. Remedial measures:
a) The entity that commits the violation mentioned in Clause 3 of this Article must return the collected charges to the payers;
b) The outsourcing service provider that commits the violation mentioned in Clause 4 of this Article must pay the difference in wages to the workers;
c) The entity that commits the violation mentioned in Clause 5 of this Article must transfer the illegal profits earned from provision of outsourcing services to state budget.”
9. To amend Point b Clause 3 of Article 10 as follows:
“b) Recruiting persons under 14 as interns or apprentices, except for the vocations permitted by law."
10. To amend Article 13 as follows:
“Article 13. Violations against regulations on wages
1. Warnings or fines of from VND 500,000 to VND 1,000,000 shall be imposed upon any employer that fails to send the pay scale, payroll, and labor norms to the labor authority of the district as prescribed.
2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed upon any employer that commits any of the following violations:
a) Failure to make the pay scale, payroll, labor norms, or failure to make the pay scale, payroll, labor norms properly as prescribed by law;
b) Using the improper pay scale, payroll, or labor norms after the labor authority of the district has requested that they be revised;
c) Failure to publish the pay scale, payroll, labor norms, or reward scheme at the workplace;
d) Failure to inform workers of method of wage payment at least 10 days before the payment date.
3. Fines shall be imposed upon any employer who commits any of the following violations: Paying workers lower than the levels in the pay scale or payroll sent to the labor authority of the district; failure to pay or failure to sufficiently pay for overtime work, night work, and wages for suspension period to workers as prescribed by law; deducting workers’ wages against the law; paying wages against the law when temporarily reassigning workers against their labor contracts, during the suspension period, strike period, or unused annual leave:
a) From VND 5,000,000 to VND 10,000,000 if the violation involves 01 – 10 workers;
b) From VND 10,000,000 to VND 20,000,000 if the violation involves 11 – 50 workers;
c) From VND 20,000,000 to VND 30,000,000 if the violation involves 51 – 100 workers;
d) From VND 30,000,000 to VND 40,000,000 if the violation involves 101 – 300 workers;
dd) From VND 40,000,000 to VND 50,000,000 if the violation involves more than 300 workers.
4. Fines shall be imposed upon any employer who pays workers less than the region-based minimum wages prescribed by the Government:
a) From VND 20,000,000 to VND 30,000,000 if the violation involves 01 – 10 workers;
b) From VND 30,000,000 to VND 50,000,000 if the violation involves 11 – 50 workers;
c) From VND 50,000,000 to VND 75,000,000 if the violation involves more than 50 workers.
5. Fines shall be imposed upon any employer who fails to pay an extra amount which equals to the amount of compulsory social insurance, compulsory health insurance, unemployment insurance, and annual leave allowances to workers who are not required to participate in compulsory social insurance, compulsory health insurance, unemployment insurance as prescribed by law:
a) From VND 3,000,000 to VND 5,000,000 if the violation involves 01 – 10 workers;
b) From VND 5,000,000 to VND 8,000,000 if the violation involves 11 – 50 workers;
c) From VND 8,000,000 to VND 12,000,000 if the violation involves 51 – 100 workers;
d) From VND 12,000,000 to VND 15,000,000 if the violation involves 101 – 300 workers;
dd) From VND 15,000,000 to VND 20,000,000 if the violation involves more than 300 workers.
6. Additional penalty: The employer who commits the violation mentioned in Clause 4 of this Article shall have its operation suspended for 01 – 03 months.
7. Remedial measures: The employer shall be compelled to:
a) The employer that commits any of the violations mentioned in Clause 3 and Clause 4 of this Article shall be compelled to pay sufficient wages plus an interest on the unpaid amount of wage at the highest rate of demand deposit of announced by state-owned commercial banks at the time of penalty imposition;
b) The employer that commits any of the violations mentioned in Clause 5 of this Article shall be compelled to pay compulsory social insurance, compulsory health insurance, unemployment insurance, and annual leave allowances to workers.”
11. To amend Clause 1 of Article 14 as follows:
“1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed upon any employer that commits any of the following violations:
a) Failure to allow workers to rest during working hours, between the shifts, leave work to handle personal affairs, or take unpaid leaves as prescribed;
b) Failure to shorten working hours of works in the last year before their retirement as prescribed by law;
c) Failure to send a written notification of overtime work from 200 to 300 hours in a year to the labor authority of the province.”
12. To amend Clause 2 and Clause 4 of Article 15 as follows:
“2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon any employer that commits any of the following violations:
a) Failure to have written labor regulations when employing 10 employees or more;
b) Failure to register labor regulations with the labor authority of the province;
c) Using unregistered labor regulations, labor regulations that have been registered but have not taken effect, or expired labor regulations;
d) Taking disciplinary actions, providing damages against procedures and time limits prescribed by law.”
“4. Remedial measures:
a) The employer that commits the violation mentioned in Point b Clause 3 of this Article shall be compelled to return the collect money or pay sufficient wages to workers;
b) The employer that commits any of the violations mentioned in Point b Clause 2 and Point c Clause 3 of this Article shall be compelled to reemploy the workers and pay them for the suspension period.”
13. To amend Article 17 as follows:
“Article 17. Violations against regulations on prevention of occupational accidents and occupational diseases
1. Warnings or fines of from VND 500,000 to VND 1,000,000 shall be imposed upon any worker who commits any of the following violations:
a) Failure to inform the responsible person when finding risks of occupational accident, occupational disease, poisoning, or danger;
b) Failure to provide emergency treatment and relieve consequences of the occupational accident on the employer’s authority;
c) Failure to use personal protective equipment or using them for improper purposes.
2. Fines shall be imposed upon any employer who fails to provide training in occupational safety and occupational hygiene for workers, interns, and apprentices as prescribed by law:
a) From VND 1,000,000 to VND 3,000,000 if the violation involves 01 – 10 workers;
b) From VND 3,000,000 to VND 5,000,000 if the violation involves 11 – 50 workers;
c) From VND 5,000,000 to VND 10,000,000 if the violation involves 51 – 100 workers;
d) From VND 10,000,000 to VND 15,000,000 if the violation involves 101 – 300 workers;
dd) From VND 15,000,000 to VND 20,000,000 if the violation involves more than 300 workers.
3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed upon any employer that commits any of the following violations:
a) Failure to immediately take remedial measures or stop the operation of the machinery, equipment, or workplace posing risks of occupational accidents or occupational diseases;
b) Failure to provide treatment or periodic check-ups for or make personal health profiles of workers who have occupational diseases;
c) Failure to obtain the certificate of completion of training occupational safety and occupational hygiene as prescribed;
d) Employing persons without certificates of completion of training in occupational safety and occupational hygiene to take charge of occupational safety and occupational hygiene works;
dd) Failure to provide information about occupational accidents, occupational diseases, dangerous and harmful factors, measures for ensuring occupational safety and occupational hygiene at the workplace for workers;
e) Failure to provide periodic check-ups for workers as prescribed;
g) Failure to provide occupational disease examinations for workers as prescribed;
h) Failure to assign appropriate works for employees having occupational diseases or occupational accidents according to the conclusion of the Medical Examination Council;
i) Failure to take measures for decontamination and/or sterilization at the workplace having contaminating or infective elements after working hours.
4. Fines shall be imposed upon any employer that commits any of the following violations: Failure to provide adequate personal protective equipment; failure to provide personal protective equipment that meet standards for workers whose jobs are dangerous or harmful; failure to provide perquisites for workers who work under harmful conditions; failure to provide sufficient perquisites for workers who do harmful, dangerous jobs; paying money instead of perquisites:
a) From VND 3,000,000 to VND 6,000,000 if the violation involves 01 – 10 workers;
b) From VND 6,000,000 to VND 10,000,000 if the violation involves 11 – 50 workers;
c) From VND 10,000,000 to VND 15,000,000 if the violation involves 51 – 100 workers;
d) From VND 15,000,000 to VND 20,000,000 if the violation involves 101 – 300 workers;
dd) From VND 20,000,000 to VND 30,000,000 if the violation involves more than 300 workers.
5. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for each worker having occupational accidents that does not receive first aid and proper treatment from the employer.
6. Fines imposed upon employers who violate regulations on using machinery, equipment, and materials subject to strict safety requirements:
a) A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for failure to report the inspection of machinery, equipment, materials subject to strict safety requirements to competent authorities;
b) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to report before using machinery, equipment, materials subject to strict safety requirements;
c) A fine of from VND 50,000,000 to VND 75,000,000 shall be imposed for keeping on using machinery, equipment, materials subject to strict safety requirements that fail the inspection;
d) A fine of 2 – 3 times the total fee for inspection of the machinery, equipment, materials shall be imposed for failure to have them inspected before use or failure to have them periodically inspected as prescribed by law.
7. Fines imposed upon providers of training in occupational safety and occupational hygiene that violate regulations on occupational safety and occupational hygiene training:
a) A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for: failure to report the provision of occupational safety and occupational hygiene training as prescribed; using forged or false documents to apply for the certificate of eligibility to provide occupational safety and occupational hygiene if not liable to criminal prosecution;
b) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for: provide training against the program; failure to satisfy requirements in terms of lecturers and facilities when providing training; failure to maintain fulfillment of conditions for providing training services according to the certificate of eligibility to provide training;
c) A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for: issuing of certificates of training without actual training; issuing certificates to improper persons; provide training beyond the scope written on the certificate of eligibility to provide training;
d) A fine of from VND 25,000,000 to VND 50,000,000 shall be imposed for: forging documents when providing training if not liable to criminal prosecution; committing fraud while providing training;
dd) A fine of from VND 50,000,000 to VND 75,000,000 shall be imposed for: providing training without the certificate of eligibility to provide training or while the certificate has expired.
8. Fines imposed upon providers of occupational safety inspection services that violate regulations on occupational safety inspection:
a) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for: failure to report the provision occupational safety inspection services; using forged or false documents to apply for the certificate of eligibility to provide inspection services if not liable to criminal prosecution;
b) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for: failure to maintain the fulfillment of conditions for inspection according to the certificate of eligibility to provide inspection services; failure to submit reports on inspection results the competent authority for 18 consecutive months;
c) A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for: Carrying out inspections beyond the scope written on the certificate of eligibility to provide inspection services; failure to adhere to the inspection procedures;
d) A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for: falsifying the certificate of eligibility to provide inspection services; forging documents while carrying out inspections if not liable to criminal prosecution; committing fraud while carrying out inspections;
dd) A fine of from VND 70,000,000 to VND 100,000,000 shall be imposed for: providing false inspection results; providing inspection results without actually carrying out the inspection;
e) A fine of from VND 100,000,000 to VND 150,000,000 shall be imposed for: providing inspection services without the certificate of eligibility to provide inspection services or while the certificate has expired.
9. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed upon any inspector that commits any of the following violations:
a) Failure to adhere to the inspection procedures announced or imposed by a competent authority;
b) Carrying out inspections without an inspector’s certificate or while the inspector’s certificate has expired or beyond the scope written on the certificate.
10. Additional penalties:
a) The provider of occupational safety and occupational hygiene training services that commits the violation mentioned in Point b Clause 7 of this Article shall be suspended from providing training services for 1 – 3 months;
b) The provider of occupational safety and occupational hygiene training services that commits any of the violations mentioned in Point c and Point d Clause 7 of this Article shall have its certificate of eligibility to provide occupational safety and occupational hygiene training suspended for 1 – 6 months;
c) The provider of occupational safety inspection services that commits the violation mentioned in Point b Clause 8 of this Article shall be suspended from providing inspection services for 1 – 3 months;
d) The provider of occupational safety inspection services that commits any of the violations mentioned in Point c , Point d, and Point dd Clause 8 of this Article shall have its certificate of eligibility to provide occupational safety inspection services suspended for 1 – 6 months;
dd) The inspector that commits the violation mentioned in Point a Clause 9 of this Article shall have his/her inspector’s certificate suspended for 1 – 3 months.
11. Remedial measures:
a) The entity that commits the violation mentioned in Point a Clause 3 of this Article shall be compelled to stop using the machinery, equipment, or workplace at risks of occupational accidents or occupational diseases;
b) The entity that commits any of the violations mentioned in Clause 4 of this Article shall be compelled to provide adequate personal protective equipment that meet technical regulations and standards for workers whose jobs are dangerous or harmful;
c) The entity that commits the violation mentioned in Point c and Point d Clause 6 of this Article shall be compelled to stop using the machinery, equipment, or workplace subject to strict safety requirements;
d) The entity that commits any of the violations mentioned in Point b, Point c, Point d, and Point dd Clause 7 of this Article shall be compelled to return the training cost plus an interest thereon at the highest rate of demand deposit of announced by state-owned commercial banks at the time of penalty imposition;
dd) The entity that commits any of the violations mentioned in Point c, Point d, Point dd, and Point e Clause 8 of this Article shall be compelled to return the inspection cost plus an interest thereon at the highest rate of demand deposit of announced by state-owned commercial banks at the time of penalty imposition.”
14. To amend Clause 2 of Article 20 as follows:
“2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed upon any employers that keep original copies ID papers of domestic servants.”
15. To amend Article 22 as follows:
“Article 22. Violations against regulations on foreigners working in Vietnam
1. Any foreign worker in Vietnam that commits any of the following violations shall be expelled:
a) Working without a work permit as prescribed by law, except for those exempt from work permits;
b) Using an expired work permit.
2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed upon any employer that fails submit a report on employment of foreigners to the labor authority, or submits an insufficient report, or submits report behind schedule.
3. Fines imposed upon employers who employ foreign workers in Vietnam without work permits or certificates of exemption from work permits, or employ foreign workers using expired work permits:
a) From VND 30,000,000 to VND 45,000,000 if the violation involves 01 – 10 workers;
b) From VND 45,000,000 to VND 60,000,000 if the violation involves 11 – 20 workers;
c) From VND 60,000,000 to VND 75,000,000 if the violation involves more than 20 workers.
4. Additional penalty: The employer who commits the violation mentioned in Clause 3 of this Article shall have its operation suspended for 1 – 3 months.”
16. To add Article 22a after Article 22 as follows:
“Article 22a. Violations against regulations on hiring Vietnamese workers to work for foreign organizations and individuals in Vietnam
1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for employing Vietnamese workers without reporting the employment of Vietnamese workers to an organization competent to hire and manage Vietnamese workers as prescribed by law.
2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for employing Vietnamese workers without sending a written notification enclosed with concluded employment contracts to an organization competent to hire and manage Vietnamese workers working for foreign organizations and individuals in Vietnam as prescribed by law.
17. To amend Article 24 as follows:
“Article 24. Violations against regulations on protection of trade union rights
1. Warnings or fines of from VND 500,000 to VND 1,000,000 for shall be imposed upon any employer who commits any of the following violations:
a) Failure to provide a working area and necessary equipment for union representatives;
b) Failure to allow part-time union representatives to do trade union works during working hours;
c) Failure to allow superior union representatives to do trade union works in the organization/enterprise;
d) Failure to provide information, cooperate, enable the trade union to perform its rights and obligations to represent and protect lawful rights and interests of workers.
2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed upon any employer that commits any of the following violations:
a) Rejecting trade union’s requests, discussion, negotiation;
b) Refusing to reach a written agreement with the executive board of internal trade union or superior trade union when unilaterally terminating employment contracts, reassigning workers against employment contracts, or laying off workers being part-time union representatives.
3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for taking advantage of trade union rights to commit violations of law, infringe state interests, the lawful rights and interests of organizations, enterprises, individuals.
4. Remedial measures:
a) The entity that commits any of the violations mentioned in Point a and Point b Clause 1 of this Article shall be compelled to facilitate the operation of trade union and provide time for trade union works;
b) The entity that commits the violation mentioned in Point b Clause 2 of this Article shall be compelled to reemploy the worker.”
18. To add Article 24a, Article 24b, and Article 24c after Article 24 as follows:
“Article 24a. Violations against regulations on discrimination against people who establish, join the trade union, or do trade
1. Warnings or fines of from VND 3,000,000 to VND 5,000,000 for shall be imposed upon any employer who commits any of the following violations:
a) Discriminatory treatment in terms of wages, working time, other rights and obligations in the labor relation in order to prevent workers from establishing, joining the trade union, or from doing trade union activities;
b) Failure to renew employment contracts with part-time union representatives whose employment contracts expire during their trade union tenure;
c) Illegally disciplining or terminating employment contracts with workers because they establish, join the trade union, or do trade union activities;
d) Harassing, abusing, obstructing union representatives, or rejecting professional promotion of union representatives;
dd) Providing false information to defame union representatives.
2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon any employer that commits any of the following violations:
a) Imposing regulations that restrict the workers’ right to become union representatives;
b) Influencing, obstructing the election/selection of union representatives;
c) Forcing workers to establish, join the trade union, or do trade union activities.
3. Remedial measures:
a) The employer that commits the violation mentioned in Point b Clause 1 of this Article shall be compelled to renew employment contracts with the part-time union representatives;
b) The employer that commits the violation mentioned in Point c Clause 1 of this Article shall be compelled to reemploy the workers, and pay sufficient wages, social insurance, and health insurance for the suspension period;
c) The employer that commits the violation mentioned in Point dd Clause 1 of this Article shall be compelled to rectify information.
Article 24b. Violations against regulations on implementation of financial measures or other measures that are disadvantages to the organization and operation of the trade union
1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon any employer that commits any of the following violations:
a) Failure to pay wages to workers who do part-time trade union activities;
b) Failure to provide the same interests and benefits for workers who do full-time trade union activities as other workers in the same organization;
c) Take financial measures to prevent workers from joining the trade union or doing trade union activities.
2. Remedial measures:
a) The employer that commits the violation mentioned in Point a Clause 1 of this Article shall be compelled to pay wages to the workers who do part-time trade union activities;
b) The employer that commits the violation mentioned in Point b Clause 1 of this Article shall be compelled to provide the same interests and benefits for workers who do full-time trade union activities as other workers in the same organization.
Article 24c. Violations against regulations on payment of trade union fees
1. A fine of from 12% to 15% of total trade union fee but not exceeding VND 75,000,000 shall be imposed upon any employer that commits any of the following violations:
a) Paying trade union fees behind schedule;
b) Failure to pay sufficient trade union fees;
c) Failure to collect sufficient trade union fees.
2. A fine of from 18% to 20% of total trade union fee but not exceeding VND 75,000,000 shall be imposed upon any employer that fails to pay trade union fees for workers who have to pay trade union fees.
3. Remedial measures:
Within 30 days from the issuance date of the penalty decision, the employer that commits any of the violations mentioned in Clause 1 and Clause 2 of this Article shall pay the remaining trade union fee to the trade union organization plus an interest thereon at the highest rate of demand deposit of announced by state-owned commercial banks at the time of penalty imposition;
19. To amend Clause 1 of Article 26 as follows:
“1. Warnings or fines of from VND 500,000 to VND 1,000,000 for shall be imposed upon any worker who colludes with the employer to avoid paying compulsory social insurance, unemployment insurance, or to avoid paying sufficiently.”
20. To amend Article 27 as follows:
“Article 27. Violations against regulations on applying for social insurance payout, unemployment insurance payout
1. A fine of from VND 500,000 to VND 1,000,000 for shall be imposed upon any worker who provides false information, falsifies documents related to provision of social insurance or unemployment insurance payout.
2. A fine of from VND 1,000,000 to VND 2,000,000 for shall be imposed upon any worker who commits any of the following violations:
a) Colluding with the vocational training institution in forging documents to obtain vocational training allowances if not liable to criminal prosecution;
b) Failure to notify the employment agency when the worker finds a job within 15 days from the day on which the application for unemployment benefit is submitted;
c) The worker who is receiving unemployment benefit that fails to notify the employment agency that he/she: has found a job; has to do military/police service; is receiving monthly pension; is going to reside overseas; is going to work overseas under a contract; is taking a training course with duration of 12 months or longer; is compelled to go to a reform school, or rehabilitation center.
3. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed upon any employer that fails to notify the local employment agency of employment fluctuation at the employer’s organization as prescribed by law.
4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for each application for social insurance/unemployment insurance payout forged by the employer for self-seeking purposes if not liable to criminal prosecutions;
5. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed upon any employer that provides training courses/refresher courses for workers against the plan approved by a competent authority.
6. Remedial measures:
a) The entity that commits the violations mentioned in Clause 1 and Clause 2 of this Article shall be compelled to return the social insurance money or unemployment benefit to the social insurance agency;
b) The employer that commits the violation mentioned in Clause 5 of this Article shall be compelled to provide training courses/refresher courses for workers in accordance with the plan approved by a competent authority.”
21. To amend Article 28 as follows:
“Article 28. Violations against other regulations on social insurance and unemployment insurance
1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed upon any employer that commits any of the following violations:
a) Failure to provide or failure to provide sufficient documents and information about compulsory social insurance and unemployment insurance at the request of competent authorities;
b) Failure to provide or failure to provide sufficient information contribution compulsory social insurance and unemployment insurance of workers at the request of workers or the trade union;
c) Failure to send a written request to the social insurance agency for confirmation of payment of unemployment insurance for workers for them to complete applications for unemployment insurance as prescribed;
d) Losing, damaging, or falsifying social insurance books.
2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed upon any employer that commits any of the following violations and multiplied by the number of workers involved:
a) Failure to pay sickness benefit, maternity benefit, health recovery benefit within 03 working days from the day on which satisfactory documents are received from the workers;
b) Failure to pay occupational accident benefit or occupational disease benefit within 15 days from the day on which the payment decision is received from the social insurance agency.
3. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed upon any employer that commits any of the following violations and multiplied by the number of workers involved:
a) Failure to make an application to buy compulsory social insurance, unemployment insurance for the worker within 30 days from the conclusion date of the employment contract or from the recruitment date;
b) Failure to request the social insurance agency to provide pension benefit, occupational accident benefit, or occupational disease benefit as prescribed;
c) Failure to introduce the worker to undergo assessment of work ability decline by a Medical Examination Council for receiving social insurance payout
4. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed upon vocational training institution that commits any of the following violations and multiplied by the number of workers involved:
a) Providing vocational training courses with insufficient duration for workers who have unemployment insurance;
b) Colluding with another organization or individual to appropriate the subsidy for vocational training.
5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed upon any employer that uses the social insurance fund for improper purposes.
6. Remedial measures:
a) The entity that commits any of the violations mentioned in Point a and Point b Clause 2 of this Article shall be compelled to provide sufficient social insurance payout for the worker;
b) The vocational training institution that commits the violation mentioned in Point a Clause 4 of this Article shall be compelled to provide training courses with sufficient duration for workers having unemployment insurance;
c) The vocational training institution that commits the violation mentioned in Point b Clause 4 of this Article shall be compelled to transfer the illegal profit to state budget;
d) The employer that commits the violation mentioned in Clause 5 of this Article shall be compelled to return the profit from improper use of the social insurance fund.”
22. To amend Clause 1 and Clause 2 of Article 32 as follows:
“1. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed upon any enterprise/organization that commits any of the following violations:
a) Failure to provide necessary knowledge for workers before starting to work overseas as prescribed;
b) Failure to test and issue certificates to workers who have completed the training course;
c) Failure to register the template of the certificate of training course completion issued to Vietnamese people working overseas as prescribed;
d) Failure to provide documents that contain necessary documents for workers as prescribed.
2. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to organize or cooperate with a vocational training institution to provide training in vocational skills and foreign languages for people working overseas as requested by the manpower supply contract.”
23. To amend Point c Clause 1 of Article 39 as follows:
“c) Remedial measures: Repatriate the workers at the request of the foreign country or a competent authority of Vietnam; request workers to return to Vietnam as prescribed in Chapter IV of this Decree.”
Article 2. Implementation provisions
1. This Decree takes effect on November 25, 2015.
2. To annul Point b Clause 2 Article 11 and Article 25 of Decree No. 95/2013/ND-CP.
3. Regulations of the Law on Social insurance 2014 shall apply to interest rates on unpaid social insurance and unemployment insurance mentioned in Point b Clause 4 Article 26 of Decree No. 95/2013/ND-CP from January 01, 2016.
4. Illegally staying in a foreign country after expiration of employment contracts as mentioned in Point a Clause 2 Article 35 of Decree No. 95/2013/ND-CP is considered an administrative violation and the time limit for penalty imposition shall begin when the violation is discovered.
5. Point a Clause 2 Article 28 of Decree No. 95/2013/ND-CP, which is amended in this Decree, is annulled from January 01, 2016.
6. Point b Clause 2 Article 28 of Decree No. 95/2013/ND-CP, which is amended in this Decree, is annulled after December 31, 2015; From January 01, 2015, it shall be replaced with this paragraph: “Failure to provide occupational accident benefits or occupational diseases benefits within 10 days from the day on which money is paid by the social insurance agency.”
Article 3. Implementation organization
Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces shall implement this Decree./.
For the Government
The Prime Minister
Nguyen Tan Dung