Home > Occupational safety training > Labor Laws and Regulations > Occupational Safety Law > Decree 28/2020/ND-CP regulating administrative sanctions for violations in the fields of labor and social insurance

Decree 28/2020/ND-CP is a legal document signed by the Prime Minister on March 1, 2020, and came into effect on April 15, 2020.

GOVERNMENT ————	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————
No: 28/2020/ND-CP	Hanoi, March 1, 2020

DECREE

ON SANCTIONS FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF LABOR, SOCIAL INSURANCE, AND SENDING VIETNAMESE WORKERS TO WORK ABROAD UNDER CONTRACTS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to the Labor Code dated June 18, 2012;

Pursuant to the Employment Law dated November 16, 2013;

Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

Pursuant to the Law on Trade Unions dated June 20, 2012;

Pursuant to the Law on Social Insurance dated November 20, 2014;

Pursuant to the Law on Sending Vietnamese Workers to Work Abroad under Contracts dated November 29, 2006;

At the proposal of the Minister of Labor – Invalids and Social Affairs;

The Government issues a decree regulating administrative sanctions in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts.

Table of Contents

Chapter I: GENERAL PROVISIONS ON DECREE 28/2020/ND-CP

Article 1. Scope of Decree 28/2020/ND-CP

Decree 28/2020/ND-CP stipulates acts of violations, forms of sanctions, levels of penalties, remedial measures, sanctioning authority, authority to make minutes, and administrative sanction procedures in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts.

Article 2. Subjects of Application in Decree 28/2020/ND-CP

Employers, employees, and other individuals or organizations who commit administrative violations in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts as stipulated in Decree 28/2020/ND-CP.
Authorities with sanctioning power and authority to make minutes as regulated in Chapter V of Decree 28/2020/ND-CP.
Other agencies, organizations, and individuals related to the enforcement of administrative sanctions stipulated in this Decree.

Article 3. Forms of Sanctions in Decree 28/2020/ND-CP

Organizations or individuals committing administrative violations in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts shall be sanctioned with main forms of sanctions: warning or fines.
Based on the nature and severity of violations, organizations or individuals may also be subjected to one or more of the following additional sanctions:
- a) Revocation of labor leasing business license for 01 to 03 months or from 06 to 12 months;
- b) Revocation of inspector certificate from 01 to 03 months for inspectors;
- c) Confiscation of labor leasing business license;
- d) Confiscation of certificate of eligibility for occupational safety training activities;
- đ) Confiscation of certificate of eligibility for occupational safety technical inspection services;
- e) Confiscation of inspector certificate;
- g) Suspension of training activities from 01 to 03 months;
- h) Suspension of inspection activities from 01 to 03 months;
- i) Suspension of occupational environment monitoring from 03 to 06 months;
- k) Suspension of sending workers abroad from 01 to 03 months, 04 to 06 months, or 06 to 12 months;
- l) Suspension of labor supply contract implementation from 01 to 03 months, 03 to 06 months, or 06 to 12 months;
- m) Deportation of foreign workers working in Vietnam.

Article 4. Remedial Measures in Decree 28/2020/ND-CP

In addition to the sanctions stipulated in Article 3 of Decree 28/2020/ND-CP, individuals or organizations committing administrative violations may also be subject to one or more of the following remedial measures:

Return the collected money to the worker.
Return the original personal documents, diplomas, and certificates held from the worker.
Return personal documents to household helpers.
Return money or assets held from the worker plus interest.
Return illegal profits gained from labor leasing activities.
Return illegal profits gained from exploiting vocational training or forcing trainees into illegal activities.
Reimburse occupational safety training costs paid by business establishments plus interest.
Vocational education institutions must return illegally gained money to the state budget.
Return mandatory social insurance money held from the worker plus interest.
Sign a labor contract with the worker or use the correct type of contract.
Sign a written labor contract with household helpers.
Extend the labor contract for non-specialized union officials.
Pay full wages.
Pay full wages plus interest on late or underpaid wages.
Pay wages for days workers do not return after temporary suspension.
Labor leasing enterprises must pay wage differences to workers.
Pay wages to trainees who worked without receiving wages during training.
Pay wages for temporarily suspended work days.
Pay wages for temporary workplace closures.
Pay wages to non-specialized union staff during union activities.
Pay overtime wages.
Complete and return other documents held from workers.
Re-admit workers to work.
Re-admit workers and pay full wages for days off.
Re-admit workers and pay full wages, social insurance, and health insurance for days not working.
Public apology and pay all medical expenses and wages if worker suffers bodily harm requiring medical treatment.
Pay full severance or unemployment benefits plus interest.
Pay amounts corresponding to social insurance, health insurance, unemployment insurance, and annual leave.
Pay material compensation converted into money to workers.
Pay full travel expenses for household helpers.
Pay social and health insurance for household helpers.
Pay occupational accident and disease insurance to workers.
Pay compensation and interest.
Employers must pay co-payments and non-insurance costs for workers in occupational accidents or diseases covered by health insurance.
Employers must pay full medical costs from first aid to treatment for uninsured workers in occupational accidents or diseases.
Pay assessment fees for reduced labor capacity under 5% caused by employer-directed medical assessment.
Cancel training results provided.
Cancel inspection results and refund inspection fees plus interest.
Ensure working conditions and allocate time for union staff.
Correct false information.
Resolve collective rights and benefits for full-time union staff as other employees.
Pay union fees overdue or unpaid plus interest.
Return social insurance and unemployment benefits received to the social insurance organization.
Contribute fully to the Overseas Employment Support Fund as required.
Deposit required funds as regulated.
Vocational education institutions must provide full training duration for insured workers.
Provide vocational, language, and necessary training or refund training fees.
Return workers to their home country as requested by host countries or competent Vietnamese authorities.
Return to the home country.
Pay late, unpaid, or evaded social insurance and unemployment contributions.
Pay interest at 2 times the average annual social insurance fund investment rate for late, unpaid, or evaded contributions.

Article 5. Fines and Sanctioning Authority in Decree 28/2020/ND-CP

The fines for violations in Chapters II, III, and IV of Decree 28/2020/ND-CP apply to individuals, except for cases specified in Articles 6, 12, 24, 25, 26, 40, 41, 42, 43, 44, and 45. Fines for organizations are twice the amount of individual fines.
The authority for imposing administrative sanctions in Chapter V applies to individuals. For fines on organizations, the authority is twice that of individuals.
Organizations subject to double fines include:
- a) State agencies committing violations (excluding assigned state management tasks);
- b) Enterprises established under Vietnamese law and foreign enterprise branches/offices in Vietnam;
- c) Cooperatives, cooperative unions;
- d) Public service units;
- đ) Political-social organizations and professional-social organizations;
- e) Foreign diplomatic missions, consulates, and UN, regional, subregional organizations;
- g) Foreign press, news, radio, TV offices;
- h) International, intergovernmental, or foreign government organizations;
- i) NGOs;
- k) Non-profit representative offices in Vietnam of foreign economic, trade, financial, banking, insurance, science, culture, education, health, or legal advisory organizations;
- l) Educational, vocational, health, or socio-cultural institutions.

Article 12. Violations of Regulations on Labor Leasing under Decree 28/2020/ND-CP

Fines from VND 1,000,000 to VND 3,000,000 for the labor lessee in case of any of the following acts:
- a) Failing to notify or guide leased workers on labor regulations and other company policies;
- b) Discriminating against leased workers in working conditions compared to the company’s employees.
Fines from VND 40,000,000 to VND 50,000,000 for the labor lessee in case of any of the following acts:
- a) Leasing workers for jobs not listed in the scope of labor leasing;
- b) Signing a labor leasing contract with a labor lessor that does not have a Labor Leasing Service License;
- c) Leasing workers when the labor lessee is involved in labor disputes, strikes, or leasing workers to replace employees exercising strike rights or resolving labor disputes;
- d) Leasing workers to replace employees dismissed due to structural, technological changes, mergers, consolidations, divisions, separations of enterprises, or economic reasons.
Fines from VND 1,000,000 to VND 3,000,000 for the labor lessor in case of any of the following acts:
- a) Failing to prepare records clearly stating the number of leased workers, the labor lessee, and the leasing fees;
- b) Failing to report the labor leasing situation as required by law;
- c) Failing to publicly post the original license at the head office and certified copies at branches or representative offices (if any);
- d) Failing to promptly report incidents related to labor leasing activities to local authorities or labor management agencies.
Fines for the labor lessor in case of any of the following acts: Paying leased workers less than employees with the same qualifications doing the same or equivalent jobs; failing to notify or providing false information to workers about the labor leasing contract; performing labor leasing without the consent of the workers, according to the following levels:
- a) VND 10,000,000 to VND 20,000,000 for violations affecting 1–10 workers;
- b) VND 20,000,000 to VND 40,000,000 for violations affecting 11–50 workers;
- c) VND 40,000,000 to VND 60,000,000 for violations affecting 51–100 workers;
- d) VND 60,000,000 to VND 80,000,000 for violations affecting 101–300 workers;
- e) VND 80,000,000 to VND 100,000,000 for violations affecting 301 workers or more.

Fines from VND 50,000,000 to VND 75,000,000 for any of the following acts:
- a) Conducting labor leasing activities without a labor leasing license;
- b) Transferring leased workers to another employer;
- c) Using an expired labor leasing license for labor leasing activities.
Fines from VND 80,000,000 to VND 100,000,000 for the labor lessor in case of any of the following acts:
- a) Allowing other enterprises, organizations, or individuals to use the labor leasing license;
- b) Leasing workers for jobs not listed in the labor leasing scope;
- c) Leasing workers for more than 12 months;
- d) Leasing workers during labor disputes or strikes, or to replace striking employees;
- e) Modifying the content of a labor leasing license without criminal liability.

Additional penalties
- a) Suspension of the labor leasing license for 1–3 months for violations under points c, d, e of Clause 4;
- b) Suspension of the labor leasing license for 6–12 months for violations under points a, b, c, d of Clause 6;
- c) Confiscation of the issued labor leasing license for violations under point e of Clause 6.
Remedial measures
- a) Requiring the labor lessor to pay the wage difference to workers for violations under Clause 4;
- b) Requiring the return of illegal profits from labor leasing activities to the state budget for violations under Clause 5.

Article 13. Violations of Regulations on Training, Skills Development

Fines for employers who commit any of the following acts: Failing to provide vocational training before assigning workers to other jobs; failing to sign training contracts with trainees; failing to pay wages to trainees during the training period when producing standard-compliant products; failing to sign labor contracts after training, according to the following levels:
- a) VND 500,000 to VND 2,000,000 for violations affecting 1–10 workers;
- b) VND 2,000,000 to VND 5,000,000 for violations affecting 11–50 workers;
- c) VND 5,000,000 to VND 10,000,000 for violations affecting 51–100 workers;
- d) VND 10,000,000 to VND 15,000,000 for violations affecting 101–300 workers;
- e) VND 15,000,000 to VND 20,000,000 for violations affecting 301 workers or more.

Fines from VND 20,000,000 to VND 25,000,000 for employers who commit any of the following acts:
- a) Exploiting vocational training for profit, labor exploitation, or coercing trainees into illegal activities;
- b) Recruiting workers under 14 years old for training, except for legally permitted work.
Remedial measures
- a) Paying wages to trainees for the period worked during training;
- b) Returning illegal profits obtained from exploiting training for profit or coercing trainees into illegal activities.

Article 14. Violations of Workplace Dialogue Regulations under Decree 28/2020/ND-CP

Fines from VND 500,000 to VND 1,000,000 for employers who commit any of the following acts:
- a) Failing to implement grassroots democracy regulations;
- b) Failing to arrange locations and provide necessary conditions for workplace dialogue.
Fines from VND 2,000,000 to VND 5,000,000 for employers failing to conduct dialogue upon request of employee representatives.

Article 19. Violations of regulations on reporting occupational safety and hygiene work under Decree 28/2020/ND-CP

Fines from VND 500,000 to VND 1,000,000 for employees who fail to promptly report to the responsible person upon detecting risks of technical incidents causing occupational safety, hygiene hazards, work accidents, or occupational diseases.
Fines from VND 1,000,000 to VND 3,000,000 for employers who fail to report or submit incomplete, inaccurate, or untimely reports on occupational safety and hygiene work as prescribed by law.
Fines from VND 5,000,000 to VND 10,000,000 for employers who fail to periodically compile and report work accidents, serious technical incidents causing occupational safety and hygiene hazards, or occupational diseases as required by law.

Article 20. Violations of regulations on measures to ensure occupational safety and hygiene under Decree 28/2020/ND-CP

Fines from VND 500,000 to VND 1,000,000 for employers who fail to establish labor environment hygiene records for harmful factors or occupational disease prevention as prescribed by law.
Fines from VND 5,000,000 to VND 10,000,000 for employers committing any of the following acts:
- a) Failing to develop, promulgate, and implement plans, internal regulations, and rules ensuring occupational safety and hygiene at the workplace or failing to seek the opinion of the grassroots trade union executive committee when developing them;
- b) Failing to assign a department or personnel for occupational safety, hygiene, and medical tasks, or assigning personnel who do not meet legal requirements;
- c) Failing to provide adequate first aid and emergency response teams at the workplace;
- d) Failing to train first aid and emergency response personnel at the workplace as prescribed;
- e) Failing to classify labor according to heavy, toxic, dangerous, or extremely heavy/toxic/dangerous jobs to implement corresponding regimes.

Fines from VND 20,000,000 to VND 25,000,000 for employers committing any of the following acts:
- a) Failing to periodically inspect and maintain machinery, equipment, factories, and warehouses;
- b) Failing to equip occupational safety and hygiene equipment at the workplace as required;
- c) Failing to develop and issue emergency response plans;
- d) Failing to develop measures to ensure occupational safety and hygiene for workplaces when constructing, expanding, or renovating facilities for production, storage, or use of machinery, equipment, materials, or substances with strict occupational safety requirements;
- e) Failing to investigate work accidents under legal responsibility; failing to report or providing false reports on work accidents or serious technical incidents;
- f) Failing to ensure adequate shower and toilet facilities at the workplace;
- g) Failing to equip technical and medical means to ensure timely emergency response and first aid in case of serious technical incidents, occupational safety hazards, or work accidents.

Article 21. Violations of regulations on preventing work accidents and occupational diseases

Fines from VND 500,000 to VND 1,000,000 for employees committing any of the following acts:
- a) Failing to use personal protective equipment provided;
- b) Failing to participate in emergency response and accident handling when ordered by the employer or competent state authority.
Fines from VND 1,000,000 to VND 3,000,000 per employee but not exceeding VND 75,000,000 for employers who fail to organize periodic health checks and occupational disease examinations, except when the employer has organized these checks but the employee refuses.
Fines from VND 5,000,000 to VND 10,000,000 per employee but not exceeding VND 75,000,000 for employers who fail to organize health checks before employees switch to heavier, toxic, or more dangerous jobs or after recovery from work accidents or occupational diseases, except when assessed by a Medical Appraisal Council.
Fines from VND 10,000,000 to VND 15,000,000 per employee but not exceeding VND 75,000,000 for employers who fail to treat, rehabilitate, or assign suitable jobs for employees suffering from occupational diseases or work accidents as per medical appraisal conclusions.
Fines from VND 10,000,000 to VND 15,000,000 for employers who fail to inform employees about work accidents, occupational diseases, hazards, and safety measures, or fail to identify and assess hazards and harmful factors at the workplace.
Fines from VND 15,000,000 to VND 20,000,000 for employers who fail to develop and implement risk assessment plans for workplaces with high risk of work accidents and occupational diseases.
Fines from VND 20,000,000 to VND 25,000,000 for employers committing any of the following:
- a) Failing to immediately take remedial measures or halt operations of machines, equipment, or workplaces with potential risk;
- b) Failing to implement detoxification or disinfection measures for employees working in hazardous areas;
- c) Failing to organize emergency response when risks or accidents occur beyond the employer’s control.
Fines for employers failing to provide, or providing inadequate or non-compliant personal protective equipment, or failing to provide material allowances properly, according to the following levels:
- a) VND 3,000,000 – 6,000,000 for violations involving 1–10 employees;
- b) VND 6,000,000 – 10,000,000 for 11–50 employees;
- c) VND 10,000,000 – 15,000,000 for 51–100 employees;
- d) VND 15,000,000 – 20,000,000 for 101–300 employees;
- e) VND 20,000,000 – 30,000,000 for 301 or more employees.

Fines from VND 25,000,000 to VND 40,000,000 for employers violating national occupational safety and hygiene technical standards (except violations specified in Clause 7 of this Article and Clause 1, Article 23 of Decree 28/2020/ND-CP).
Fines from VND 30,000,000 to VND 40,000,000 for employers forcing employees to work or remain at the workplace when serious risks threaten their health or life, or forcing them to continue working before risks are mitigated.
Remedial measures:
- Reimburse employees the material allowances converted to money according to regulations for failing to provide material allowances or providing insufficient allowances as per Clause 8 of this Article.

Article 22. Violations of employer responsibilities regarding work accidents and occupational diseases

Fines from VND 1,000,000 to VND 3,000,000 per employee but not exceeding VND 75,000,000 for employers who:
- a) Fail to provide timely first aid or emergency care for employees involved in work accidents or occupational diseases;
- b) Fail to pay co-pay or non-covered medical costs for insured employees;
- c) Fail to advance and cover all medical costs for uninsured employees from first aid to stable treatment;
- d) Fail to pay appraisal fees for cases of less than 5% labor capacity reduction when employees are sent for medical appraisal by the employer;
- e) Fail to implement or incorrectly implement allowances and compensation for employees as prescribed.

Fines for discriminatory acts against employees refusing to work or leaving workplaces with serious risks, or discriminating against safety officers, according to the following levels:
- a) VND 5,000,000 – 10,000,000 for 1–10 employees;
- b) VND 10,000,000 – 20,000,000 for 11–50 employees;
- c) VND 20,000,000 – 30,000,000 for 51–100 employees;
- d) VND 30,000,000 – 40,000,000 for 101–300 employees;
- e) VND 40,000,000 – 50,000,000 for 301 or more employees.

Remedial measures:
- a) Require employers to pay co-pay and non-covered medical costs for insured employees;
- b) Require employers to cover full medical costs for uninsured employees;
- c) Require employers to pay appraisal fees for labor capacity reduction cases under 5%;
- d) Require employers to pay compensation and interest according to the highest non-term deposit interest rate of state commercial banks at the time of penalty.

Article 23. Violations of regulations on using machinery and equipment with strict occupational safety requirements

Fines for organizations and individuals violating regulations on using machinery, equipment, and materials with strict occupational safety requirements are as follows:

VND 1,000,000 – 2,000,000 for failing to notify the local Department of Labor, Invalids, and Social Affairs within 30 days before or after putting machinery, equipment, materials, or substances into use.
VND 5,000,000 – 10,000,000 for failing to keep complete technical records.
VND 15,000,000 – 20,000,000 for violating national technical standards, using unapproved machinery/equipment/materials, or using machinery/equipment/materials without clear origin or expired.
2–3 times the total inspection cost (not less than VND 20,000,000, max VND 75,000,000) for failing to inspect before use or periodically during use.
VND 50,000,000 – 75,000,000 for continuing to use machinery/equipment/materials that fail inspection.

Article 24. Violations of occupational safety and hygiene training regulations under Decree 28/2020/ND-CP

Fines for employers failing to organize occupational safety and hygiene training for employees or contracting training organizations but receiving certificates without actual training, as follows:
- a) VND 5,000,000 – 10,000,000 for 1–10 employees;
- b) VND 10,000,000 – 20,000,000 for 11–50 employees;
- c) VND 20,000,000 – 30,000,000 for 51–100 employees;
- d) VND 30,000,000 – 40,000,000 for 101–300 employees;
- e) VND 40,000,000 – 50,000,000 for 301 or more employees.

Fines for training organizations violating training regulations:
- a) VND 1,000,000 – 3,000,000 for failing to report training activities or notify competent authorities when organizing core program training;
- b) VND 10,000,000 – 20,000,000 for insufficient content, using unqualified trainers, inadequate facilities, or lacking training materials;
- c) VND 30,000,000 – 50,000,000 for issuing certificates without actual training or inconsistent with training content;
- d) VND 50,000,000 – 70,000,000 for organizing training without a valid certificate, under suspension, revoked, expired, or outside certified scope.

Fines for employers self-organizing training violating regulations:
- a) VND 1,000,000 – 3,000,000 for failing to report training or notify authorities;
- b) VND 10,000,000 – 20,000,000 for insufficient content, unqualified trainers, inadequate facilities, or lacking materials;
- c) VND 15,000,000 – 25,000,000 for issuing certificates without actual training or inconsistent with content;
- d) VND 25,000,000 – 35,000,000 for training requiring certification but lacking valid certificate, revoked, expired, or outside scope.

Additional penalties:
- a) Suspension of training activities for 1–3 months for violations of points c, d above;
- b) Confiscation of training certificates for illegal modification of certificate content.

Remedial measures:
- a) Refund training costs plus interest for hiring training services;
- b) Cancel certificates issued in violation of regulations.

Article 25. Violations of Regulations on Occupational Safety Technical Inspection Activities under Decree 28/2020/ND-CP

Fines for organizations conducting occupational safety technical inspections that violate regulations on occupational safety technical inspection activities as follows:
- a) From VND 1,000,000 to VND 3,000,000 for failing to report occupational safety technical inspection activities as prescribed;
- b) From VND 3,000,000 to VND 5,000,000 for any of the following acts: failing to notify the competent authority issuing the Certificate of Eligibility for Inspection Activities of changes in the office or branch address;
- c) From VND 40,000,000 to VND 50,000,000 for any of the following acts: providing inspection services beyond the scope stated in the Certificate of Eligibility; not following the inspection procedures correctly; using inspectors whose certificates have been revoked or suspended or expired; using unlicensed personnel to conduct inspections; using inspectors without labor contracts or task-based contracts; failing to maintain conditions for inspection activities as per the Certificate of Eligibility; failing to ensure independence and objectivity in providing inspection services;
- d) From VND 80,000,000 to VND 100,000,000 for any of the following acts: providing false inspection results; providing inspection results without performing inspections;
- đ) From VND 130,000,000 to VND 150,000,000 for any of the following acts: performing inspection activities when the Certificate of Eligibility has expired, is suspended, revoked, or its use is prohibited; altering the content of a Certificate of Eligibility that has been issued but not to the extent of criminal liability.

Fines from VND 10,000,000 to VND 20,000,000 for inspectors with any of the following acts:
- a) Failing to follow inspection procedures issued by competent authorities;
- b) Conducting inspections for organizations not yet issued a Certificate of Eligibility for Inspection Activities.
Fines from VND 20,000,000 to VND 30,000,000 for inspectors conducting inspections when: the inspector certificate is expired; inspecting beyond the scope of the certificate; or the certificate has been revoked.
Fines from VND 20,000,000 to VND 30,000,000 for individuals conducting inspections without an inspector certificate.
Fines from VND 50,000,000 to VND 75,000,000 for performing inspection activities without a Certificate of Eligibility.
Fines from VND 50,000,000 to VND 75,000,000 for inspectors altering issued inspector certificates without reaching criminal liability.
Additional penalties
- a) Suspension of inspection activities from 01 to 03 months for organizations violating point d, clause 1 of this Article;
- b) Confiscation of the Certificate of Eligibility for Inspection Activities for acts of altering issued certificates under point đ, clause 1 of this Article;
- c) Confiscation of inspector certificates for violations under clause 6 of this Article;
- d) Revocation of inspector certificates from 01 to 03 months for inspectors conducting inspections beyond the scope of their certificate under clause 3 of this Article.
Remedial measures
- Compulsory annulment of inspection results and reimbursement of inspection costs with interest calculated at the highest non-term deposit rate of state commercial banks at the time of penalty for violations under points c, d, đ, clause 1 of this Article, except for acts of altering issued Certificates of Eligibility that do not reach criminal liability.

Article 26. Violations of Regulations on Occupational Environmental Monitoring under Decree 28/2020/ND-CP

Fines from VND 1,000,000 to VND 2,000,000 for environmental monitoring organizations with any of the following acts: failing to submit annual activity reports to the competent state management agency; failing to notify the competent state management agency of changes in office or branch address; failing to attend required training courses on updated knowledge of law, science, and technology on occupational environmental monitoring.
Fines from VND 2,000,000 to VND 5,000,000 for employers failing to publicly disclose to employees at monitored workplaces and workplaces under hazard evaluation immediately after receiving monitoring results and hazard evaluation results.
Fines from VND 20,000,000 to VND 40,000,000 for employers failing to conduct occupational environmental monitoring to control impacts on workers’ health as prescribed by law.
Fines from VND 40,000,000 to VND 60,000,000 for employers colluding with environmental monitoring organizations to commit fraud in monitoring activities without reaching criminal liability.
Fines from VND 50,000,000 to VND 75,000,000 for enterprises or service organizations providing environmental monitoring without publicly disclosing eligibility under the law.
Fines from VND 80,000,000 to VND 120,000,000 for environmental monitoring organizations with any of the following acts: colluding with employers in fraudulent monitoring activities without reaching criminal liability; conducting monitoring not following legally prescribed procedures.
Fines from VND 120,000,000 to VND 140,000,000 for environmental monitoring organizations providing monitoring results without performing the monitoring.
Additional penalties
- Suspension of environmental monitoring activities from 03 to 06 months for violations under clauses 5, 6, 7 of this Article.

Article 37. Violations of Regulations on Union Fee Contributions under Decree 28/2020/ND-CP

Fines from 12% to under 15% of the total union fee payable at the time of drafting the administrative violation record, but not exceeding VND 75,000,000, for employers who commit one of the following acts:
- a) Late payment of union fees;
- b) Paying union fees at incorrect rates;
- c) Paying union fees for fewer eligible employees than required.
Fines from 18% to 20% of the total union fee payable at the time of drafting the administrative violation record, but not exceeding VND 75,000,000, for employers who do not pay union fees for all eligible employees.
Remedial Measures
- No later than 30 days from the date of the fine decision, the employer must pay the union organization the overdue, underpaid, or unpaid union fees and the interest on unpaid or late union fees calculated at the highest non-term deposit rate announced by state commercial banks at the time of the fine for violations under Clauses 1 and 2 of this Article.

Chapter III: VIOLATIONS, FORMS OF PENALTY, PENALTY LEVELS, AND REMEDIAL MEASURES FOR VIOLATIONS IN THE FIELD OF SOCIAL INSURANCE

Article 38. Violations of Regulations on Compulsory Social Insurance and Unemployment Insurance Contributions

Fines from VND 500,000 to VND 1,000,000 for employees who agree with employers not to participate in compulsory social insurance or unemployment insurance, participate without eligibility, or contribute at incorrect rates.
Fines from VND 500,000 to VND 1,000,000 for employers who commit one of the following acts:
- a) Annually failing to publicly post employee social insurance contribution information provided by the social insurance agency as prescribed in Clause 7, Article 23 of the Social Insurance Law;
- b) Failing to complete procedures to certify unemployment insurance contributions for employees to complete unemployment benefit applications;
- c) Failing to provide or providing incomplete information on compulsory social insurance and unemployment insurance contributions when requested by employees or trade unions.
Fines from VND 5,000,000 to VND 10,000,000 for employers who fail to provide accurate, complete, and timely information or documents related to social insurance and unemployment insurance contributions and benefits as requested by competent state agencies or social insurance agencies.
Fines from 12% to 15% of the total compulsory social insurance and unemployment insurance contributions payable at the time of drafting the administrative violation record, but not exceeding VND 75,000,000, for employers who commit one of the following acts:
- a) Late payment of compulsory social insurance or unemployment insurance;
- b) Incorrect social insurance or unemployment insurance contributions that are not considered evasion;
- c) Paying social insurance or unemployment insurance for fewer eligible employees than required, not considered evasion.
Fines from 18% to 20% of the total compulsory social insurance and unemployment insurance contributions payable at the time of drafting the administrative violation record, but not exceeding VND 75,000,000, for employers who do not pay for all eligible employees without reaching the level of criminal liability.
Fines from VND 50,000,000 to VND 75,000,000 for employers who evade compulsory social insurance or unemployment insurance contributions without reaching criminal liability.
Remedial Measures
- a) Forced payment of unpaid compulsory social insurance and unemployment insurance contributions for violations under Clauses 4, 5, and 6 of this Article;
- b) Payment of interest at twice the average investment rate of the social insurance fund of the previous year, calculated on the amount and period of late, unpaid, or evaded contributions; if not implemented, the competent authority, bank, or credit institution, or state treasury is responsible for deducting from the employer’s account to pay the unpaid contributions and interest at the highest non-term deposit rate announced by state commercial banks for violations under Clauses 4, 5, 6 of this Article exceeding 30 days.

Article 39. Violations in Preparing Social Insurance and Unemployment Benefit Claims

Fines from VND 1,000,000 to VND 2,000,000 for employees who commit one of the following violations:
- a) Misreporting or altering information related to social insurance or unemployment benefits without criminal liability;
- b) Failing to notify the Employment Service Center within 15 working days from the submission date of unemployment benefit application;
- c) Employees receiving unemployment benefits failing to notify the Employment Service Center when they have a job, perform military or police duties, receive a monthly pension, or study full-time for 12 months or more.
Fines from VND 5,000,000 to VND 10,000,000 for employers who falsify social insurance or unemployment benefit records to defraud benefits without reaching criminal liability per record.
Remedial Measures
- Required to repay the social insurance or unemployment benefits received due to violations under Clauses 1 and 2 of this Article to the social insurance organization.

Article 40. Other Violations of Social Insurance and Unemployment Insurance Regulations

Fines from VND 1,000,000 to VND 2,000,000 per employee, maximum VND 75,000,000, for employers failing to pay occupational accident and disease benefits within 10 days from receipt of funds from social insurance agencies.
Fines from 18% to 20% of the total compulsory social insurance benefits of employees misappropriated at the time of drafting the administrative violation record, maximum VND 75,000,000, for employers who misappropriate social insurance benefits.
Fines from VND 2,000,000 to VND 4,000,000 for employers failing to notify the Employment Service Center about labor changes according to the law.
Fines from VND 2,000,000 to VND 4,000,000 per employee, maximum VND 75,000,000, for employers who:
- a) Fail to create social insurance or unemployment insurance records within 30 days from labor contract signing;
- b) Fail to submit records or requests within the prescribed deadlines under Articles 102, 103, 110, 112 of the Social Insurance Law;
- c) Fail to send employees eligible under Articles 47 of the Occupational Safety and Health Law and 55 of the Social Insurance Law for labor capacity assessment;
- d) Fail to return social insurance books to employees as required under Clause 5, Article 21 of the Social Insurance Law.
Fines from VND 2,000,000 to VND 4,000,000 for vocational education institutions who:
- a) Conduct training shorter than registered courses for each employee;
- b) Collude to misappropriate vocational training support funds without reaching criminal liability.
Fines from VND 10,000,000 to VND 20,000,000 for employers receiving training support funds who implement training not according to approved plans.
Remedial Measures
- a) Refund occupational accident and disease benefits for violations under Clause 1;
- b) Ensure vocational institutions provide full-duration training for employees registering for unemployment insurance if requested;
- c) Repay misappropriated funds to the state budget for violations under Clause 5(b);
- d) Repay misappropriated compulsory social insurance benefits and interest calculated at the highest non-term deposit rate of state commercial banks for violations under Clause 2.

Article 44. Violations of regulations on professional skills training, foreign language, and necessary knowledge for employees

Fines from VND 2,000,000 to VND 5,000,000 for enterprises or organizations that commit one of the following acts:
- a) Failing to register the certificate template for necessary knowledge training for Vietnamese workers going to work abroad as prescribed;
- b) Failing to provide necessary knowledge training materials to employees as prescribed;
- c) Failing to fully compile necessary knowledge training materials for employees as prescribed.
Fines from VND 20,000,000 to VND 40,000,000 for enterprises or organizations that commit one of the following acts:
- a) Failing to adequately conduct necessary knowledge training for employees before working abroad as prescribed;
- b) Failing to carry out or inadequately performing the examination and certification for employees after completing the necessary knowledge training course.
Fines from VND 80,000,000 to VND 100,000,000 for service enterprises that commit one of the following acts:
- a) Failing to organize or cooperate with vocational education or training institutions to provide professional skills and foreign language training for employees going abroad as required by labor supply contracts;
- b) Failing to provide necessary knowledge training for employees before working abroad as prescribed.
Additional penalties
- a) Suspension of labor supply contract implementation for 3 to 6 months for violations specified in Clause 3 of this Article;
- b) Suspension of labor supply contract implementation for 6 to 12 months in case of repeated violations specified in Clause 3 of this Article.
Remedial measures
- Obligatory training in professional skills, foreign language, and necessary knowledge for employees or refund of training fees collected from employees (if any) for violations specified in Clause 3 of this Article.

Article 45. Violations regarding collection, payment, management, use of brokerage fees, deposit fees, service fees, and other amounts collected from employees; contribution to the Overseas Employment Support Fund

Fines from VND 10,000,000 to VND 20,000,000 for service enterprises committing one of the following acts:
- a) Failing to guide and complete procedures for employees to receive support from the Overseas Employment Support Fund or failing to transfer the support funds to employees as prescribed;
- b) Failing to issue certificates of participation in the Overseas Employment Support Fund to employees as prescribed.
Fines from VND 20,000,000 to VND 40,000,000 for service enterprises committing one of the following acts:
- a) Failing to fully pay employee contributions to the Overseas Employment Support Fund as prescribed;
- b) Failing to fully contribute to the Overseas Employment Support Fund as prescribed.
Fines from VND 80,000,000 to VND 100,000,000 for service enterprises committing one of the following acts:
- a) Collecting selection fees from employees;
- b) Collecting, managing, using, or refunding brokerage fees improperly;
- c) Collecting service fees from employees improperly;
- d) Failing to refund or partially refund employees’ service fees proportionally for the remaining contract period if the employee returns home early not due to their fault;
- e) Failing to pay employees’ contributions to the Overseas Employment Support Fund as prescribed;
- f) Failing to contribute to the Overseas Employment Support Fund as prescribed.
Fines from VND 150,000,000 to VND 200,000,000 for service enterprises committing one of the following acts:
- a) Failing to refund fees already paid by employees when unable to send them to work abroad;
- b) Improperly collecting, managing, or using employees’ deposit funds;
- c) Failing to fully and timely pay the service enterprise’s deposit as prescribed;
- d) Failing to ensure the service enterprise’s deposit in the bank as prescribed.
Additional penalties: Suspension of sending Vietnamese employees abroad as follows:
- a) 1 to 3 months for violations in Clause 3, points c and d of Clause 4 of this Article;
- b) 4 to 6 months for violations in point b, Clause 4 of this Article;
- c) 6 to 12 months for violations in point a, Clause 4 of this Article.
Remedial measures
- a) Obligation to fully contribute to the Overseas Employment Support Fund for violations specified in points a, b, Clause 2 and points d, e, Clause 3 of this Article;
- b) Obligation to fully refund employees for violations specified in points c, d, Clause 3 and point a, Clause 4 of this Article;
- c) Obligation to pay the deposit properly for violations specified in points c, d, Clause 4 of this Article.

Article 46. Violations regarding organizing the sending of employees to work abroad and managing employees abroad

Fines from VND 20,000,000 to VND 40,000,000 for one of the following acts:
- a) Failing to report the list of outbound workers to Vietnamese diplomatic or consular offices abroad as prescribed;
- b) Failing to cooperate with Vietnamese diplomatic or consular offices abroad in managing and protecting the legal rights of employees during their work abroad.
Fines from VND 50,000,000 to VND 80,000,000 for one of the following acts:
- a) Failing to manage and protect the rights and lawful interests of employees sent abroad as prescribed;
- b) Failing to promptly address incidents such as employee death, work accidents, occupational diseases, harm to life, health, honor, dignity, property, or labor disputes.
Fines from VND 80,000,000 to VND 100,000,000 for one of the following acts:
- a) Exploiting sending employees abroad to provide consulting, selection, training, or collecting money from employees;
- b) Exploiting sending employees abroad to send Vietnamese citizens abroad unlawfully;
- c) Sending Vietnamese employees abroad without a service permit or outside approved cases such as government contracts or vocational training;
- d) Sending employees to prohibited areas, sectors, or jobs not approved by the host country.
Additional penalties
- Suspension of sending employees abroad for 6 to 12 months for violations specified in Clause 2 and points a, b, d of Clause 3 of this Article.

Remedial measures
- a) Obligation to return employees to their home country as required by the host country or competent Vietnamese authority for violations in Clause 2 and point d, Clause 3 of this Article;
- b) Obligation to refund amounts collected from employees with interest calculated at the highest non-term deposit rate of state commercial banks at the time of penalty for violations in point a, Clause 3 of this Article.

Article 47. Violations of employees going abroad and related parties

Fines from VND 2,000,000 to VND 5,000,000 for employees failing to register personal contracts with competent state agencies as prescribed.
Fines from VND 80,000,000 to VND 100,000,000 for one of the following acts:
- a) Staying abroad illegally after the labor contract expires;
- b) Escaping from the workplace under contract without forced labor;
- c) Failing to go to the workplace after entering the host country as per the contract.
Remedial measures
- Obligation to return to the home country for violations specified in points a, b, c of Clause 2 of this Article.

Chapter V: AUTHORITY TO HANDLE ADMINISTRATIVE VIOLATIONS AND MAKE RECORDS; PROCEDURES FOR HANDLING ADMINISTRATIVE VIOLATIONS

Section 1. AUTHORITY TO HANDLE ADMINISTRATIVE VIOLATIONS AND MAKE RECORDS

Article 48. Authority to make administrative violation records under Decree 28/2020/ND-CP

The authority to make records of administrative violations under Decree 28/2020/ND-CP includes:

Authorities authorized to handle administrative violations under Articles 49, 50, 51, 52, 53, 54 of Decree 28/2020/ND-CP according to their functions, tasks, and powers.
Civil servants or officials performing inspection duties in labor, social insurance, and sending Vietnamese employees abroad under contracts.

Article 49. Authority of the Chairman of the People’s Committee under Decree 28/2020/ND-CP

Chairman of the commune-level People’s Committee has the authority to:
- a) Issue warnings;
- b) Impose fines up to VND 5,000,000.
Chairman of the district-level People’s Committee has the authority to:
- a) Issue warnings;
- b) Impose fines up to VND 37,500,000 for labor and social insurance violations, and up to VND 50,000,000 for violations in sending Vietnamese employees abroad under contract;
- c) Apply additional penalties under Chapter II, except those in Clause 5, Article 31 of Decree 28/2020/ND-CP;
- d) Apply remedial measures under Chapters II and III of Decree 28/2020/ND-CP.
Chairman of the provincial People’s Committee has the authority to:
- a) Issue warnings;
- b) Impose fines up to VND 75,000,000 for labor and social insurance violations, and up to VND 100,000,000 for violations in sending Vietnamese employees abroad under contract;
- c) Apply additional penalties under Chapters II and IV, except Clause 5, Article 31;
- d) Apply remedial measures under Chapters II, III, and IV.

Article 50. Authority of Labor Inspectors under Decree 28/2020/ND-CP

Labor inspectors or assigned specialized inspectors performing official duties have the authority to issue warnings for violations in labor, social insurance under Chapters II and III of Decree 28/2020/ND-CP.
Chief Inspector of the Department of Labor, War Invalids and Social Affairs has the authority to:
- a) Issue warnings;
- b) Impose fines up to VND 37,500,000 for labor and social insurance violations, and up to VND 50,000,000 for violations in sending employees abroad;
- c) Apply additional penalties under Chapters II and IV, except Clause 5, Article 31;
- d) Apply remedial measures under Chapters II, III, and IV.
Chief Inspector of the Ministry of Labor, War Invalids and Social Affairs has the authority to:
- a) Issue warnings;
- b) Impose fines up to VND 75,000,000 for labor and social insurance violations, and up to VND 100,000,000 for violations in sending employees abroad;
- c) Apply additional penalties under Chapters II and IV, except Clause 5, Article 31;
- d) Apply remedial measures under Chapters II, III, and IV.
Head of Ministry-level labor inspection team has the authority to:
- a) Issue warnings;
- b) Impose fines up to VND 52,500,000 for labor and social insurance violations, and up to VND 70,000,000 for violations in sending employees abroad;
- c) Apply additional penalties under Chapters II and IV, except Clause 5, Article 31;
- d) Apply remedial measures under Chapters II, III, and IV.
Head of Department-level or specialized labor inspection teams authorized by state agencies has the authority to:
- a) Issue warnings;
- b) Impose fines up to VND 37,500,000 for labor and social insurance violations, and up to VND 50,000,000 for violations in sending employees abroad;
- c) Apply additional penalties under Chapters II and IV, except Clause 5, Article 31;
- d) Apply remedial measures under Chapters II, III, and IV.

Article 51. Authority of the Director of Overseas Labor Management Department under Decree 28/2020/ND-CP

The Director of the Overseas Labor Management Department has the authority to handle administrative violations under Chapter IV of Decree 28/2020/ND-CP:

Issue warnings.
Impose fines up to VND 100,000,000.
Apply additional penalties under Chapter IV.
Apply remedial measures under Chapter IV.

Article 52. Authority of the Director of Labor Safety Department under Decree 28/2020/ND-CP

The Director of the Labor Safety Department has the authority to handle administrative violations under Articles 19-26 of Decree 28/2020/ND-CP:

Issue warnings.
Impose fines up to VND 75,000,000.
Apply additional penalties under Articles 24-26.
Apply remedial measures under Articles 21, 22, 24, 25.

Article 53. Authority of Social Insurance agencies under Decree 28/2020/ND-CP

Provincial Social Insurance Director has the authority to:
- a) Issue warnings;
- b) Impose fines up to VND 37,500,000 for violations regarding social insurance and unemployment insurance under Article 38;
- c) Apply remedial measures under Clause 7, Article 38.
General Director of Vietnam Social Insurance has the authority to:
- a) Issue warnings;
- b) Impose fines up to VND 75,000,000 for violations under Article 38;
- c) Apply remedial measures under Clause 7, Article 38.
Head of specialized inspection teams established by the General Director of Vietnam Social Insurance has the authority to:
- a) Issue warnings;
- b) Impose fines up to VND 52,500,000 for violations under Article 38;
- c) Apply remedial measures under Clause 7, Article 38.

Article 54. Authority to sanction by other agencies under Decree 28/2020/ND-CP

The head of the diplomatic mission, consular office, or other authorized agencies performing consular functions of the Socialist Republic of Vietnam abroad has the authority to sanction administrative violations stipulated in Chapter IV of this Decree:
- a) Warning;
- b) Fine up to VND 100,000,000;
- c) Apply remedial measures requiring the return of workers to Vietnam as requested by the receiving country or competent state agencies of Vietnam as stipulated in Chapter IV of this Decree.
The Director of the Immigration Department and the Provincial Police Chief have the authority to sanction and apply supplementary sanctions for administrative violations specified in Clause 3, Article 31 of this Decree.

Section 2. PROCEDURES FOR ADMINISTRATIVE SANCTIONS UNDER DECREE 28/2020/ND-CP

Article 55. Sequence and procedures for administrative sanctions in sending Vietnamese workers to work abroad outside Vietnam

Workers fined abroad may pay the fine at the Vietnamese diplomatic or consular mission abroad.
Fines are collected in Vietnamese Dong. In case of foreign currency payment, it shall be converted into Vietnamese Dong at the commercial bank exchange rate at the time of sanctioning.
The Ministry of Labor – Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Foreign Affairs, Ministry of Finance, and Ministry of Justice to guide the sequence and procedures for administrative sanctions in sending workers to work abroad outside the territory of Vietnam.

Chapter VI: IMPLEMENTATION PROVISIONS OF DECREE 28/2020/ND-CP

Article 56. Effective date of Decree 28/2020/ND-CP

This Decree takes effect from April 15, 2020.
Decree No. 95/2013/ND-CP dated August 22, 2013, of the Government on administrative sanctions in the labor, social insurance, and sending Vietnamese workers abroad under contracts, and Decree No. 88/2015/ND-CP dated October 7, 2015, of the Government amending and supplementing certain provisions of Decree No. 95/2013/ND-CP, shall cease to be effective from the effective date of this Decree.
The act of staying abroad illegally after the expiration of the contract, as stipulated in Point a, Clause 2, Article 47 of this Decree, is an ongoing administrative violation, and the statute of limitations for sanctioning shall be calculated from the time the violation is discovered.

Article 57. Transitional provisions under Decree 28/2020/ND-CP

For administrative violations in the fields of labor, social insurance, and sending Vietnamese workers abroad under contracts that occurred before this Decree takes effect, but are discovered later or are under consideration, the sanction provisions of this Decree shall apply if this Decree does not stipulate legal liability or provides lighter legal liability for the violating individuals or organizations.

Article 58. Responsibility for guidance and implementation of Decree 28/2020/ND-CP

The Minister of Labor – Invalids and Social Affairs is responsible for guiding and inspecting the implementation of this Decree.
Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of People’s Committees of provinces and centrally-run cities are responsible for implementing this Decree.

Recipients:
– Secretariat of the Central Committee of the Party;
– Prime Minister, Deputy Prime Ministers;
– Ministries, ministerial-level agencies, government agencies;
– People’s Councils, People’s Committees of provinces and centrally-run cities;
– Central Office and Party Committees;
– Office of the General Secretary;
– Office of the President;
– Committee on Ethnic Affairs and other National Assembly Committees;
– Office of the National Assembly;
– Supreme People’s Court;
– Supreme People’s Procuracy;
– National Financial Supervisory Commission;
– State Audit;
– Vietnam Bank for Social Policies;
– Vietnam Development Bank;
– Central Committee of the Vietnam Fatherland Front;
– Central agencies of mass organizations;
– Government Office: Chief, Deputy Chiefs, Prime Minister’s Assistants, Director of E-Government Portal, Departments, Units, Official Gazette;
– Archives: VT, KGVX(2b).

ON BEHALF OF THE GOVERNMENT
PRIME MINISTERNguyen Xuan Phuc