Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree deals with violations, penalties, fines, remedial measures, entities incurring penalties, the power to impose penalties, the power to make records of administrative violations, procedures for imposing penalties, and enforcement of penalties and remedial measures against violations in the fields of labour, social insurance, and Vietnamese guest workers.
Article 2. Regulated entities
1. Employers, employees or workers, and other organizations and individuals (hereinafter referred to as “entities”) involved in administrative violations against regulations on labour, social insurance, and Vietnamese guest workers as prescribed in this Decree.
2. The persons competent to impose penalties and those competent to make violation records as prescribed in Chapter V of this Decree.
3. Other authorities and entities involved in the imposition and enforcement of penalties and remedial measures as prescribed in this Decree.
Article 3. Penalties
1. Any entities that commit administrative violations against regulations on labour, social insurance and Vietnamese guest workers shall incur the primary penalty which is either a warning or a fine.
2. Depending on the nature and severity of each violation, the violating entity shall also incur one or some of the following additional penalties:
a) Suspension of the labour outsourcing license for a fixed period of 06 - 12 months;
b) Confiscation of the exhibits and instrumentalities for committing administrative violations, which are forged licenses, certificates or certifications;
c) Suspension of training in occupational safety and health for a fixed period of 01 - 03 months;
d) Suspension of occupational safety inspection services for a fixed period of 01 - 03 months;
dd) Suspension of workplace environmental monitoring services for a fixed period of 03 - 06 months;
e) Suspension of Vietnamese guest worker services for a fixed period of 06 - 12 months;
g) Suspension of workforce preparation services for a fixed period of 06 - 12 months or 12 - 24 months;
h) Suspension of worker recruitment services for a fixed period of 06 - 12 months;
i) Suspension of the execution of labour supply contract for a fixed period of 01 - 03 months;
k) Suspension of the activities specified in Clauses 1 through 4 Article 9 of the Law on Vietnamese guest workers for a fixed period of 06 - 12 months;
l) Suspension of provision of Vietnamese guest workers as domestic workers for a fixed period of 06 - 12 months;
m) Suspension of occupational safety and health assessment services for a fixed period of 01 - 03 months;
n) Expulsion of foreign employees working in Vietnam.
Article 4. Remedial measures
In addition to the penalties prescribed in Article 3 of this Decree, the violating entity may be liable to one or some of the following remedial measures:
1. Enforced return of the amount of money received from service users of the employment agency plus the interest on such money.
2. Enforced return of the amount of money received or illegally received from employees.
3. Enforced conclusion of employment contracts or written employment contracts with employees; enforced conclusion of written employment contracts with domestic workers; enforced conclusion of written employment contract with the authorized representative of the group of employees; enforced conclusion of employment contracts of the prescribed type with employees.
4. Enforced return of original personal identity papers, diplomas and certificates, which the employer has kept, to employees.
5. Enforced return of personal identity papers to domestic workers.
6. Enforced return of money plus the interest on such money or property, which has been kept by the employer, to employees.
7. Enforced payment of salary to employees, trainees and apprentices; or enforced payment of full salary to employees.
8. Enforced payment of full salary plus interest on late payment or insufficient payment of salary to employees.
9. Enforced payment of full salary to employees during the period of suspension of their work.
10. Enforced payment of salary to employees during the temporary closure of their workplace.
11. Enforced payment of salary to members of the management board of the internal representative organization of employees during their working hours as prescribed by law for their performance of the duties of the internal representative organization of employees.
12. Enforced payment of salary to the female employee for the prescribed period of breaks that she was not allowed to take during her menstruation period or while nursing a child under 12 months of age.
13. Enforced payment of full travel expenses for the employee who is a domestic worker.
14. Enforced payment of the full amount of social insurance and health insurance premiums for the employee who is a domestic worker.
15. Enforced reinstatement of employees who return to work.
16. Enforced reinstatement of employees or strike leaders when terminating employment contracts signed with such employees or strike leaders, and enforced payment of full salary to employees during the period of termination of their employment contracts.
17. Enforced reinstatement of employees who return to work and payment of salary, social insurance and health insurance premiums in full to employees for the period during which they were not allowed to work.
18. Enforced assignment of the employee to the work or workplace as agreed in the signed employment contract.
19. Enforced extension of the employment contract signed with the employee who is a member of the management board of the internal representative organization of employees until the end of his/her term of office.
20. Enforced completion of procedures for verification and return of other documents to employees.
21. Enforced recommendation of employees suffering from occupational accidents or diseases for medical assessment, determination of the level of work capacity reduction, treatment or functional rehabilitation.
22. Enforced provision of other guarantees to members of the management board of the internal representative organization of employees in accordance with regulations of law.
23. Enforced payment of severance allowance or redundancy allowance in full, plus the interest on such amounts of money, to employees.
24. Enforced return of training fees received from trainees or apprentices that will then work for the employer.
25. Enforced payment of an amount of money equal to the employee’s salary as agreed in the employment contract for the remaining notice period from the termination date.
26. Enforced payment of the full amount of money equal to the compulsory social insurance, compulsory health insurance and unemployment insurance premiums, plus the interest on such amount, to the employee.
27. Enforced issuance of public apology to the employee and payment of full treatment costs and salary to the employee during his/her treatment period if the employee is physically harmed to the extent that he/she must receive treatment at health facilities.
28. Enforced payment of allowances or benefits in kind converted into cash at the prescribed rate to employees.
29. Enforced making of co-payments and payment of other expenses which are not covered by the health insurance fund for the employee who holds a valid health insurance policy and suffers from occupational accidents or diseases.
30. Enforced payment of all costs of medical services ranging from first aid, emergency care to stable treatment for the employee who does not have a valid health insurance policy and is suffering from occupational accidents or diseases.
31. Enforced payment of costs of medical examination for assessment of the work capacity reduction level for the employee who is recommended by the employer to receive medical assessment from an authorized medical assessment council and is assessed to suffer less than 5% work capacity reduction.
32. Enforced payment of allowances or compensations, plus interest on such amounts, to employees.
33. Enforced payment of salary differentials to employees.
34. Enforced return of workplace environmental monitoring service charges, plus the interest on such charges, to the employer using workplace environmental monitoring services.
35. Enforced cancellation of occupational safety and health training results.
36. Enforced cancellation of inspection results and return of inspection service charge plus the interest on such charge.
37. Enforced cancellation of workplace environmental monitoring results.
38. Enforced cancellation of the decision to take disciplinary actions or reassign employees or strike leaders to other work or workplace location and payment of full salary to employees during the period for which their employment contracts are terminated.
39. Enforced payment of trade union dues that are overdue, partially paid or unpaid, plus the interest on such amounts.
40. Enforced transfer of illegal profits obtained from labour outsourcing activities to state budget.
41. Enforced transfer of illegally obtained profits to state budget.
42. Enforced payment of amounts payable of compulsory social insurance and unemployment insurance premiums to social insurance authorities.
43. Enforced payment of the amount of interest charged on insurance premiums accrued due to late payment, non-payment, evasion of payment or appropriation of payments, which is calculated by using the interest rate that is 02 times higher than the average interest rate of investment made by the social insurance fund in the previous year. If not doing so, at the request of competent persons, banks, other credit institutions or state treasuries shall withdraw money from the violating employer’s deposit accounts to pay deferred amounts or outstanding amounts of insurance premiums plus the interest on such amounts.
44. Enforced return of the received amounts of social insurance benefits, unemployment benefits, or financial support for provision of training or retraining for improving occupational skills for employees to social insurance authorities.
45. Enforced payment of convalescence or functional rehabilitation benefits to employees suffering from occupational accidents or diseases.
46. Enforced return of compulsory social insurance benefits appropriated from employees and payment of interests on such amounts to employees.
47. Enforced transfer of illegally obtained profits to social insurance authorities.
48. Enforced provision of the full duration of vocational training courses that employees participating in unemployment insurance have enrolled.
49. Enforced provision of training or retraining for improving occupational skills according to the plan approved by competent authorities, except cases where such training or retraining activities have been completed.
50. Enforced transfer of the unused financial support for training or retraining for improving occupational skills, compared to the plan approved by competent authorities.
51. Enforced reinstatement of employees and payment of full salary as agreed in employment contracts to employees for the period during which the employee is dismissed by the employer for disciplinary reasons.
52. Enforced updating of information about employees on the database on Vietnamese guest workers.
53. Enforced transfer of full amount of contributions made by workers to the Overseas Employment Support Fund and payment of the interest on such amount, which is calculated at the highest rate of the demand deposit interest rates publicly quoted by state-owned commercial banks on the date of penalty imposition, to the Overseas Employment Support Fund.
54. Enforced payment of total amount payable plus the interest on this amount, which is calculated at the highest rate of the demand deposit interest rates publicly quoted by state-owned commercial banks on the date of penalty imposition, to the Overseas Employment Support Fund.
55. Enforced payment of compensation to employees for damage caused by the enterprise or its branch.
56. Enforced return of amounts of money illegally collected from employees and payment of the interest on such amounts to employees.
57. Enforced return of full service charges to employees and payment of the interest on such amounts to employees.
58. Enforced repatriation of workers or payment of repatriation costs to workers.
59. Enforced payment of costs of transporting remains of workers who have died while working abroad to Vietnam.
60. Enforced return of amounts of money illegally collected from workers plus the interest on such amounts to workers.
61. Enforced return of amounts of money illegally collected from workers plus the interest on such amounts to workers.
62. Enforced return of licenses, certifications or certificates to relevant licensing or issuing authorities.
Article 5. Prescriptive periods of administrative violations
1. The prescriptive periods of administrative violations against regulations on labour, social insurance, and Vietnamese guest workers shall comply with the provisions of Clause 1 Article 6of the Law on penalties for administrative violations.
2. Determination of whether an administrative violation has been completed or is ongoing serving the calculation of the prescriptive period of that violation shall comply with the provision of Clause 1 Article 8 of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021.
Article 6. Fines, power to impose penalties, and rules for imposing penalties for repeated violations
1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.
2. The penalties imposed by the officials competent to impose penalties as prescribed in Chapter V of this Decree are incurred by violating individuals; an official competent to impose penalties shall have the right to impose a fine which is twice as much as that imposed upon an individual upon an organization for committing the same administrative violation.
3. The violating organization that incurs a fine which is twice as much as that imposed upon a violating individual as prescribed in this Decree includes:
a) Regulatory authorities committing violations, except for cases related to their assigned state management tasks;
b) Enterprises that are established and operating under the law of Vietnam; branches and representative offices of Vietnamese enterprises or those of foreign enterprises operating in Vietnam;
c) Co-operatives or cooperative unions;
d) Public service providers;
dd) Political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, business entities or people’s armed forces;
e) Resident offices in Vietnam of foreign press agencies, or representative offices in Vietnam of foreign publishing firms or foreign publication distribution organizations;
g) Representative offices of international organizations or intergovernmental organizations, except for cases of exemption from administrative penalties under treaties to which Vietnam is a signatory;
h) Non-governmental organizations;
i) Not-for-profit representative offices in Vietnam of foreign economic, commercial, financial, banking, insurance, scientific - technical, cultural, educational, medical and legal counseling organizations;
k) Educational institutions, vocational education establishments, health facilities and sociocultural establishments.
4. The repeat of a violation shall be taken into account as an aggravating factor when considering imposing penalties for that violation.
Tìm kiếm
Nghị định 12/2022/NĐ-CP (Bản Word)
Nghị định 12/2022/NĐ-CP (Bản Pdf)