NO.

Behavior

Amount of fines

I

Violation of employment services

1

Employment service enterprises notify employment service activities in contravention of the provisions of law. (*)

From VND 500.000 – VND 01 million

2

Employment service organizations have acts of giving false or misleading information about job positions. (*)

From VND 10 - 20 million

(Increase VND 05-10 million)

3

Individuals or organizations that are not employment service centers are legally established, or have been granted an employment service operation license issued by a competent authority, or use an employment service operation license expired but still have employment service activities.

From VND 45 - 60 million

NO.

Behavior

Amount of fines

II

Violation of recruitment, labor management

1

Failure to notify and publicize recruitment results or notify after 05 working days from the date of recruitment results.

From VND 01 - 03 million

2

Failure to declare the use of labor to the competent authority where the head office, branch, or representative office is located

3

Failure to report changes in labor to the competent authority where the head office, branch, or representative office is located

4

Collect fees for employees to apply for jobs,

5

Failure to make a labor-management book; do not make on time, incomplete content does not update the information when there is a change into the book

6

Discrimination on the basis of sex, age, ethnicity, color, social class, marital status, creed, religion, HIV infection, disability

From VND 05 - 10 million

NO.

Behavior

Amount of fines

III

Violation of entering into labor contracts with employees

1

Failing to enter into a written labor contract with a job with a term of full 3 months or more

- From VND 02 - 05 million if violating from 01 - 10 employees;

- From VND 05 - 10 million if violating from 11- 50 employees;

- From VND 10 - 15 million if violating from 51 - 100 employees;

- From VND 15 - 20 million if violating from 101 - 300 employees;

- From VND 20 - 25 million if violating from 301 employees or more.

2

Failure to enter into the correct type of labor contract

3

Entering into an incomplete labor contract with the main contents

4

Entering into labor contracts in case of hiring employees to act as directors in state-owned enterprises in contravention of the law

5

Keep originals of employees' identity papers, diplomas, and certificates

From VND 20 - 25 million

NO.

Behavior

Amount of fines

IV

Violation of probation when the employer commits the following behaviors:

1

Probationary requirements for seasonal labor contract

From VND 500.000 - 01 million

2

Failure to notify the results of the probationary the employee has done

3

Require employees to try more than once for a job

From VND 02 - 05 million. 

Solution:

• Pay full wages for that job to employees according to regulations

• Entering into labor contracts with employees

NO.

Behavior

Amount of fines

V

Violations of conduct the labor contract

1

Temporarily transferring the employee to a job other than the labor contract without giving 03 working days notice in advance, or failing to specify the time limit for temporary transfer, or changing to a job that is not suitable for the employee's health and gender.

From VND 01 - 03 million

(Increase VND 500.000– 02 million)

2

Arrange employees to work at a different location than the one agreed upon in the contract

From VND 03 - 07 million, Solution:  pay wages to employees in the days when the employee is not allowed to return to work after the expiration of the period of suspension of the performance of the labor contract

3

Do not accept employees returning to work after the suspension period

4

Transferring employees to other jobs without reason, time limit, or without the written consent of employees

5

Coercing and mistreating employees but not to the extent of criminal prosecution

From VND 50 - 70 million

NO.

Behavior

Amount of fines

VI

Violations on modification, supplementation, termination of the contract

1

Modify the contract term more than once with the labor contract appendix

- From VND 01 - 02 million if violating from 01 - 10 people;

- From VND 02 - 05 million if people from 11 - 50 người;

- From VND 05 - 10 million if violating from 51 - 100 people;

- From VND 10 - 15 million if violating from 101 - 300 people;

- From VND 15 - 20 triệu if violating from 301 people or more.

2

Modifying the contract term with an appendix changes the type of contract entered into, except for the case of prolonging the term of the labor contract with the elderly employee and the employee being a part-time trade union official.

3

Failure to pay on time the benefits of the employee upon termination of the contract

4

Failure to pay or underpaying severance allowance, job loss

5

Failure to pay or not paying enough compensation to employees when unilaterally terminating the contract illegally

6

Failure to complete procedures for confirmation and return of kept documents of employees after contract termination

7

Termination of 02 or more people without discussing with the trade union or not giving a written notice 30 days in advance to the authorities when changing structure, technology, or economic reasons

From VND 05 - 10 million

NO.

Behavior

Amount of fines

VII

Violation of collective bargaining, collective labor agreement

1

Failure to submit the collective bargaining agreement to the relevant authorities as prescribed

From VND 500.000 - 01 million

2

Do not pay fees for negotiating, signing, amending, supplementing, submitting, and publishing the agreement

3

Failure to disclose the contents of the signed agreement to employees

4

Failure to provide information on the situation of production and business activities when requested by the labor collective to conduct collective bargaining

From VND 03 - 05 million

5

Failing to conduct collective bargaining to sign or amend or supplement the collective labor agreement upon receiving the request of the party requesting the negotiation.

6

Implement the contents of the collective labor agreement that has been declared invalid

From VND 10 - 15 million

NO.

Behavior

Amount of fines

VIII

Violation of regulations on salary

1

Do not have public announcements at the workplace about the salary scale, salary table, labor norms, bonus regulations.

From VND 02 - 05 million 

2

Do not prepare the paybook and present it when requested.

3

Do not notify the employee at least 10 days in advance of the change in the salary payment method.

4

Do not prepare the salary scale, salary table, labor norms.

5

Using the salary scale, payroll, and labor norms in contravention of regulations

6

Do not consult the trade union when preparing the salary scale, salary table, labor norms, bonus regulations

7

Not to pay salary on time

- From VND 05 - 10 million if violation from 01 - 10 persons;

- From VND 10 - 20 million if violation from 11 - 50 persons;

- From VND 20 - 30 million if violation from 51 - 100 persons;

- From VND 30 - 40 million if violation from 101 - 300 persons;

- From VND 40 - 50 million if violation from 301 persons or over

8

Not paying or not paying enough salary

9

Pay salary less than the prescribed level of salary scale and payroll

10

Failure to pay or underpaying the overtime, night work, stoppage allowance

11

Deduct salary in contravention of regulations

12

Pay salary in contravention of regulations when temporarily transfer an employee to work for other jobs, during the temporary suspension of work, strike, annual leave

13

Pay salary less than the regional minimum wage lương

- From VND 20 - 30 million if violation from 01 - 10 persons;

- From VND 30 - 50 million if violation from 11 - 50 persons;

- From VND 50 - 75 million if violation from 51 persons or over

14

Failure to pay an additional amount corresponding to the amount of compulsory insurance and annual leave for employees who are not participating in compulsory insurance.

- From VND 03 - 05 million if violation from 01 - 10 persons;

- From VND 05 - 08 million if violation from 11 - 50 persons;

- From VND 08 - 12 million if violation from 51 - 100 persons;

- From VND 12 - 15 million if violation from 101 - 300 persons;

- From VND 15 - 20 million if violation from 301 persons or over

No.

Behavior

Amount of fines

IX

Violation of working time, rest time

1

Do not allow employees to take breaks during working hours, personal leave, and unpaid leave

From VND 02 - 05 million

2

Do not shorten working hours for employees in the last year before retirement

3

Do not notify the authorities in writing when working overtime from 200 to 300 hours/year

4

Violation of regulations on weekly/annual leave and public holidays

From VND 10 - 20 million 

5

Carrying out normal working hours beyond the specified number of hours

From VND 20 - 25 million 

6

Managing employees to work overtime without their agreement

7

Managing employees to work overtime for more than the prescribed number of hours or more than 12 hours/day when working overtime on public holidays, New Year's Day, and weekly leave

- From VND 05 - 10 million if violation from 01 - 10 persons;

- From VND 10 - 20 million if violation from 11 - 50 persons;

- From VND 20 - 40 million if violation from 51 - 100 persons;

- From VND 40 - 60 million if violation from 101 - 300 persons;

- From VND 60 - 75 million if violation from 301 persons or over

No.

Behavior

Amount of fines

X

Violation of labor discipline, material responsibility

1

Failing to publicly announce or post up the main contents of the labor regulations in necessary places at the workplace

From VND 500.000 - 01 million 

2

Do not have labor regulation in writing when employing 10 or more employees

From VND 05 - 10 million

3

Do not register labor regulations with the authorities

4

Using labor regulations that are not yet valid or expired

5

Disciplinary action, compensation for damage not in accordance with the order, procedures, statute.

6

Temporarily suspending work illegally

7

Violation of the employee's body and dignity when disciplining but not reaching the level of criminal prosecution

From VND 10 - 15 million 

No.

Behavior

Amount of fines

XI

Violations related to female labor

1

Do not consult female employee when deciding on issues related to their rights and benefit

From VND 500.000 - 01 million 

2

Female employees are not allowed to take a break of 30 minutes/day during menstruation

3

Employing female employees to work overtime, work at night and go on a business trip when being in the 7th month of pregnancy or from the 6th month if working in highland, remote areas; or raising children under 12 months old

From VND 10 - 20 million 

No.

Behavior

Amount of fines

XII

Violations related to juvenile labor

1

Failure to keep a separate monitoring book or having an incomplete book when employing underage.

From VND 01 - 02 million 

2

Employing a person aged 13-15 without signing a written labor contract with a legal representative or without the consent of a person aged 13-15

From VND 10 - 15 million

3

Employing underage employees to work overtime

4

Employing people under the age of 15 to work overtime or work at night

5

Employing people aged full 15-18 to work overtime or at night, unless permitted

6

Employing underage employee to do heavy, hazardous or dangerous work or in a place that adversely affects personality

From VND 50 - 75 million 

(Increasing VND 30-50 million )

No.

Behavior

Amount of fines

XIII

Violations related to elderly employees

1

Employing elderly employees to do arduous, hazardous, and dangerous jobs that adversely affect health

From VND 10 - 15 million 

No.

Behavior

Amount of fines

XIV

Violating regulations on foreigners working in Vietnam

1

Failing to report on the employment of foreign employee at the request of the state management agency in charge of labor.

From VND 01 - 03 million 

2

Do not send a copy of the signed labor contract to the agency that has issued the work permit in case the foreign employee works under the form of signing a labor contract.

3

Employing foreign employees not in accordance with the contents of the work permit or the written confirmation of not being eligible for a work permit.

From VND 05 - 10 million /1 employee (no more than 75 million )

4

Working without a work permit or without a written confirmation that they are not eligible for a work permit in accordance with the law

From VND 15 - 25 million

5

Using an expired work permit or expired written confirmation not eligible for a work permit.

6

Employing foreigners to work in Vietnam without a work permit or without a certificate confirming that they are not eligible for a work permit

- From VND 30 - 45 million if violation from 01 - 10 persons;

- From VND 45 - 60 million if violation from 11 - 20 persons;`

- From VND 60 - 75 million if violation from 21 persons or over

No.

Behavior

Amount of fines

XV

Violations on settlement of labor disputes

1

Obstructing the exercise of the right to strike or inciting, enticing or forcing employees to strike

From VND 01 - 02 million 

2

Obstructing employees who do not participate in the strike to go to work.

3

Terminate the labor contract or take disciplinary action or transfer the employee or the strike leader to another job or work elsewhere for the reason of preparing to strike or participating in the strike.

From VND 05 - 10 million 

(Increasing from VND 02 - 05 million )