The Ministry of Labor, War Invalids, and Social Affairs is drafting a Decree regulating penalties for administrative violations in the field of labor, Social Insurance (SI), and sending Vietnamese employees to work abroad under the contract (replacing Decree 28/2020/ND-CP):
► Violation of regulations on payment of compulsory SI and unemployment insurance (UI)::
- A punitive fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on the employer who commits one of the following violations::
+ Do not publicly post information about employees' social insurance contributions in each year, which is provided by the social insurance agency according to the provisions of Clause 7 Article 23 of the Law on Social Insurance;
+ Do not carry out procedures of confirmation of contributing UI for employees to complete documents of UI regime as prescribed.
+ Do not provide or provide incomplete information on payment of compulsory SI, and UI of employees when requested by employees or trade union organizations.
(stipulate a punitive fine from VND500,000 to VND1,000,000 to the current regulations, in Clause 2, Article 38 of Decree).
► Violation of regulations on declarations, which aims to entitle SI and UI regime:
- A punitive fine ranging from VND1,000,000 to VND2,000,000 shall be imposed on employees who untruthfully declare or have acts of correction or deletion leading to untruthful information related to the contribution and entitle of SI and UI but not to the extent of criminal prosecution.
- A punitive fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on employers that commit acts of forged or falsified SI and UI declaration to entitle from SI and UI regimes, which is not yet to the extent of criminal prosecution for each declaration, but not exceeding 75,000,000 VND.
(stipulate a punitive fine of from VND5,000,000 to VND10,000,000 and no maximum limit of 75,000,000 VND according to current regulations in Clause 2, Article 39 of Decree 28/2020).
- A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed on the employers that commit acts of forged or falsified declaration in the application for the lower insurance contribution range than the normal contribution range to Occupational accident and labor disease insurance fund that is not yet to the extent of criminal prosecution. (New Proposal)