DECREE 12/2022/ND-CP STIPULATES ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS ON LABOR, SOCIAL INSURANCE AND VIETNAMESE EMPLOYEES WORKING ABROAD UNDER CONTRACT
Aiming to reduce administrative violations in terms of labor, on January 17, 2022, the Government issued Decree 12/2022/ND-CP amending the Decree 28/2020/ND-CP on the application of 20 new penalty levels.
Accordingly, the administrative fine levels are specified as follow:
Violation | Penalty level | Penalty level |
| Decree 12/2022/ND-CP | Decree 28/2020/ND-CP |
Implement acts of sexual harassment in the workplace but not be held criminally liable | VND 15 - 30 million | Not regulated |
Force employees to perform labor contracts to pay debts to employers | VND 50 - 75 million | Not regulated |
Announce in written form to employees about the termination of the labor contract when the labor contract is terminated in accordance with the provisions of the Labor Code, except for the case specified in Clauses 4, 5, 6, 7 and 8 Article 34 of the Labor Code | VND 01 - 03 million | Not regulated |
Do not publicly announce at the workplace before implementation: salary scale, payroll; labor level; bonus policies | VND 05 - 10 million | VND 02 - 05 million |
Do not announce the salary statement or announce the salary statement but not in accordance with regulations | VND 05 - 10 million | Not regulated |
Do not carry out procedures for confirmation of unemployment insurance contribution for employees so that employees can complete their application for unemployment insurance benefits as prescribed | VND 01 - 03 million/an employee is violated with the maximum of VND 75 million | VND 0.5 - 01 million |
Falsify or make wrong contents of dossiers for social insurance and unemployment insurance benefits to profit from social insurance and unemployment insurance benefits but not be held criminally liable for each fake, wrong file of social insurance, unemployment insurance which is claimed | VND 10 - 20 million/a violation file with the maximum of VND 75 million | VND 05 - 10 million |
In addition, the Decree also stipulates specific fines for violations of employment services, trade union as well as other violations related to labor.
The statute of limitations for sanctioning is 1 year, except for the cases specified in Clause 1, Article 6 of the Law on Handling of Administrative Violations.
The Decree 12/2022/ND-CP takes effect from January 17, 2022.
Should you have any concerns during the process of implementing the regulations, please contact us.