Vietnam: Any employer that keeps original copies of workers’ diplomas shall be fined up to VND 25 million

According to Clause 4 Article 1 of Decree No. 88/2015/NĐ-CP of Vietnam’s Government amending and supplementing Article 5 of Decree No. 95/2013/NĐ-CP, a fine of from VND 20,000,000 to VND 25,000,000 shall be imposed upon any employer that keeps original copies of workers’ ID papers and/or qualifications. Concurrently, the employer shall be compelled to return the original copies of workers’ ID papers and qualifications to workers.

Moreover, this fine shall also be imposed upon any employer that:

- Requires workers to put up money or other property as guarantee for performance of employment contracts. Remedial measures are that the employer shall be compelled to return the money or property to workers plus an interest on the money at the highest rate of demand deposit announced by state-owned commercial banks at the time of penalty imposition.

- Concludes employment contracts with workers aged from 15 to under 18 without written consents of their legal representatives.

Besides, Decree No. 88/2015/NĐ-CP also stipulates that the fines below shall be imposed upon any employer who commits any of the following violations: failure to conclude written employment contracts for works with duration longer than 03 months; failure to conclude the right type of employment contracts; failure to conclude employment contracts that contain sufficient information; concluding employment contracts with directors of state-funded enterprises against the law:

- From VND 1,000,000 to VND 2,000,000 if the violation involves 01 – 10 workers;

- From VND 2,000,000 to VND 5,000,000 if the violation involves 11 – 50 workers;

- From VND 5,000,000 to VND 10,000,000 if the violation involves 51 – 100 workers;

- From VND 10,000,000 to VND 15,000,000 if the violation involves 101 – 300 workers;

- From VND 15,000,000 to VND 20,000,000 if the violation involves more than 300 workers.

View more details at Decree No. 88/2015/NĐ-CP of Vietnam’s Government, effective from November 25, 2015.

Thu Ba

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