Regulations on sanctioning of administrative violations in the field of labor, social insurance, and Vietnamese employees working abroad under contracts

15/02/2022 01:53 PM


The Government has just issued Decree No. 22/2022/ND-CP stipulating penalties for administrative violations in the field of labor, social insurance, and Vietnamese employees working abroad under contracts.

Failure to pay social and health insurance premiums to employees who are domestic workers will be fined up to 15 million VND

In the field of labor, the Decree specifies fines for violations of regulations on labor as domestic workers.

Accordingly, a warning will be imposed on employers who commit one of the following acts: Failing to enter into written labor contracts with domestic workers; failing to pay transportation fees when the domestic worker quits his job and returns to his place of residence, except for the case where the domestic worker terminates the labor contract ahead of time.

Illustrative image (internet)

A fine of between VND 1-3 million shall be imposed on an employer who commits one of the following acts: Failing to notify the People's Committee of communes, wards or townships of the labor use or terminating the employment of the employer as a domestic helper according to regulations.

A fine of between 10 and 15 million dong shall be imposed on employers who commit one of the following acts: Keeping the employee's identity papers as domestic helpers; failing to pay employees who are domestic workers the sum of social and health insurance premiums according to the provisions of law so that the employees can actively participate in social and health insurance.

Employers who commit acts of abuse, sexual harassment, forced labor, or use force against employees who are domestic workers but not to the extent of criminal prosecution will be fined from 50-75 million dong.

Using people under 15 years old to work overtime or work at night will be fined up to 25 million VND

The Decree also stipulates fines for violations of regulations on juvenile labor.

Specifically, a fine of 1-2 million dong will be imposed on the employer who fails to keep a separate monitoring book or does it, but fails to fully record the contents as prescribed in Clause 3, Article 144 of the Labor Code when employing minors or fail to present a monitoring book at the request of a competent state agency.

A fine of between VND 20-25 million shall be imposed on employers who commit one of the following acts:

+ Employing minors without the consent of the minor's father, mother or guardian.

+ Employing people under the age of 15 to work that: concludes an unwritten labor contract with a person under 15 years of age and his/her legal representative; arrange working hours that affect the study time of people under the age of 15; failing to have a health certificate from a competent health establishment certifying that the health of the under-15-year-old is suitable for the job; failing to organize periodical health checks at least once in 6 months or failing to ensure working conditions, occupational safety and hygiene appropriate to age.

+ Employing minors to work beyond the working hours specified in Article 146 of the Labor Code.

+ Employing people under the age of 15 to work overtime or work at night.

+ Employing people from full 15 years old to under 18 years old to work overtime or work at night in occupations or jobs not permitted by law.

Employing workers from full 15 years old to under 18 years old to do prohibited jobs will be fined up to 75 million VND

A fine of between VND 50-75 million shall be imposed on employers who commit one of the following acts:

+ Employing people between the ages of 13 and under 15 years old to do jobs outside the list permitted by law as prescribed in Clause 3, Article 143 of the Labor Code.

+ Employing people under the age of 13 to do work outside the list permitted by law as prescribed in Clause 3, Article 145 of the Labor Code, or employing people under the age of 13 to do work permitted by law without approval by the specialized labor agency under the Provincial People's Committee.

+ Employing workers from full 15 years old to under 18 years old to do prohibited jobs or work at prohibited workplaces specified in Article 147 of the Labor Code but not to the extent of criminal prosecution.

VSS