Contacts

Decree 28 shall come into effect on 15th April 2020. Compared to the preceding regulations, Decree 28 provides more detailed sanctioning measures applicable to violations, specifically as follows[1]:
1. Violations against regulations on labor recruitment and management
Supplementing the provision prescribing that employers who fail to report on the employment situation or changes of employment situation to competent labor authorities, or fail to timely and duly make, prepare and update the labor management book shall subject to a monetary fine ranging from VND 1 million to VND 3 million.
2. Violations against regulations on conclusion of labor contract
Raising the amount of monetary fine applied to the act of failure to lawfully conclude labor contracts. Accordingly, the fine is VND 2 million at minimum and VND 25 million at maximum, respectively replacing the current range from VND 1 million to VND 20 million.
3. Violations against regulations on implemenation of labor contract
Supplementing the following provisions:
4. Violations against regulations on labor outsourcing
Supplementing the provisions prescribing that a monetary fine ranging from VND 40 million to VND 50 million shall be applied to any labor outsourcing service user who commits the following acts:
For the act of re-assigning outsourced employees to other employers, the maximum fine is raised from VND 50 million to VND 75 million.
5. Violations against regulations on wages
In the spirit of the Labor Code 2019 (effective as from 1st January 2021), Decree 28 abolishes the sanction against employers who fail to send the pay scale, payroll, labor norms to the district-level labor authority as prescribed.
6. Violations against regulations on working hours, rest break
A fixed fine ranges from VND 10 million to VND 20 million shall be imposed on all employers’ violations against regulations on weekly days off, annual leave or public holiday. This is a new point in comparison with current regulations which determine the fine on the ground of the number of employees whose benefits are violated.
Increasing the maximum fine from VND 50 million to VND 75 million for the act of mobilizing employees to work overtime in excess of the prescribed overtime hours.
7. Violations against regulations on labor discipline
Supplementing provisions stipulating that the act of unlawful temporary suspension of an employee’s work shall be sanctioned by a fine of VND 5 million to VND 10 million; the act of simultaneous application of multiple forms of labor discipline to one violation shall be applied a fine of VND 10 million to VND 15 million.
8. Violations against regulations on foreign employees
Supplementing penalties in the form of monetary fine from VND 1 million to VND 3 million to be imposed on employers committing any of the following acts:
Additionally, employers who employ foreign employees inconsistently with contents of the issued work permits or certificates of work permit exemption shall be subject to a fine of between VND 5 million and VND 10 million for each case of violation but not exceeding VND 75 million in total.
Regarding foreign employees working in Vietnam without work permits or certificates of work permit exemption, or with expired permits or certificates, in addition to sanction in the form of expulsion, such employees will also be subject to a monetary fine of VND 15 million to VND 25 million.
9. Violations against regulations on female employees
Employers have to pay overtime salary to the female employees not being entitled to take 30 minutes off per day during their menstruation or 60 minutes off per day during the period of nursing a child(ren) under 12 months of age.
10. Violations against regulations on domestic servants
Supplementing monetary fine in the amount of from VND 10 million to VND 15 million and remedial measure of compelling the full payment of social and health insurance as sanctions to be applied to employers who fail to pay for social and health insurance of the domestic servants as prescribed by laws.
11. Violations against regulations on compulsory social insurance and unemployment insurance
Supplementing the following provisions:
[1] The fines mentioned herein are applicable to individuals; the fines applied to organizations are twice the fines applicable to individuals.
We do trust the above points are notable and sufficient, but should you have any questions or need a deeper discussion on this issue, please do not hesitate to contact us.
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