INSIGHTS

Draft on the penalties for administrative violations in the field of labor and social insurance

September 25, 2018 Labor & Employment

Status: The collecting of comments has expired (from March 16, 2018 to May 16, 2018). According to the schedule, this Draft Decree will be presented to the Government in November 2018 [click here to see the schedule].

Documents proposed to be replaced:

Decree No.95/2013/ND-CP dated August 22, 2013 of the Government regarding penalties for administrative violations in the fields of labor and social insurance, as well as sending Vietnamese employees overseas to work under contracts; and

Decree No.88/2015/ND-CP dated October 07, 2015 of the Government amending and supplementing several articles of Decree No.95/2013/ND-CP dated August 22, 2013 of the Government which describes the penalties for administrative violations in the fields of labor and social insurance, as well as sending Vietnamese employees overseas to work under contracts.

Summary of contents

Click here to see full contents of this draft (in Vietnamese).

The Draft Decree describes the acts constituting administrative violations, the forms of penalties, the levels of penalties, the measures for remediating the consequences, and the procedures for imposing penalties for administrative violations in the fields of labor and social insurance, as well as sending Vietnamese employees overseas to work under  contracts.

Some new points of the Draft Decree:

1.Increasing the penalty levels with regard to certain violations:

600 x 780_Table13_LLR_Aug 2018

2.Supplementing a violation of the regulations concerning forced labor, and imposing a fine from VND20,000,000 to VND25,000,000 for individual violators and from VND40,000,000 to VND50,000,000 for organizational violators.

3.Supplementing the list of exceptional cases concerning female employees, specifically:

For cases of utilizing female employees, who are in the 7th month of pregnancy or who are in the 6th month of pregnancy if they work in remote or isolated, national border and island areas or who are raising a child under 12 months to work overtime, work in night shift and take business traveling to remote working places: An exception shall be granted if the employer and the employee agree in writing to travel to work in remote areas.

For cases of failing to secure previously-held jobs when female employees return to work upon expiry of their maternity leave in accordance with Clauses 1 and Clause 3 of Article 157 of the 2012 Labor Code: An exception shall be granted if the previously-held job no longer exists.

4.Describing more details for the acts of:

Violating the regulations on reporting of occupational safety and health;

Violating the regulations on measures for ensuring occupational safety and health;

Violating the regulations on prevention of occupational accidents and diseases;

Violating the regulations on employers’ liability for occupational accidents and diseases;

Violating the regulations on the use of machinery and equipment which are strictly regulated by labor safety and health standards;

Violating the regulations on training activities for occupational safety and health;

Violating the regulations on activities for inspecting the techniques for occupational safety;

Violating the regulations on the monitoring of the labor environment.

– Written by LE & TRAN | Vietnam’s Premier Business Litigation Firm


This insight is quoted from the Vietnam Labor Law Review (August – September 2018), you can download and read the full file on PDF file at here.