What is forced labor in Vietnam according to the law? Is forced labor liable to criminal prosecution in Vietnam?
What is forced labor in Vietnam according to the law?
Pursuant to Clause 7, Article 3 of the 2019 Labor Code of Vietnam explaining forced labor as follows:
Definitions
…
“forced labor” means to use force or threat to use force or a similar practice to force a person to work against his/her will.
…
Thus, the act of forced labor means to use force or threat to use force or a similar practice to force a person to work against his/her will.
At the same time, this is one of the forbidden actions according to the provisions of Article 8 of the 2019 Labor Code of Vietnam as follows:
Forbidden actions
1. Labor discrimination.
2. Maltreatment of employees, forced labor.
3. Sexual harassment in the workplace.
4. Taking advantage of occupational training or apprenticeships to exploit the trainees or apprentices, or persuade or force them to act against the law.
5. Employing untrained people or people without occupational training certificates to do the jobs or works that have to be done by trained workers or holders of occupational training certificates.
6. Persuading, inciting, promising advertising or otherwise tricking employees into human trafficking, exploitation of labor or forced labor; taking advantage of employment brokerage or guest worker program to commit violations against the law.
7. Illegal employment of minors.
Thus, forced labor is one of the forbidden actions in the 2019 Labor Code of Vietnam.
What is forced labor in Vietnam according to the law? Is forced labor liable to criminal prosecution in Vietnam?
What is the penalty imposed upon the employer for forced labor in recruitment or performance of employment contracts?
Pursuant to Clause 3, Article 8 of Decree No. 12/2022/ND-CP stipulating violations against regulations on recruitment and employee management as follows:
Violations against regulations on recruitment and employee management
…
3. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed for persuading, inciting, promising, advertising or otherwise tricking employees into exploitation of labor or forced labor, if not liable to criminal prosecution.
Pursuant to Point a, Clause 4, Article 11 of Decree No. 12/2022/ND-CP stipulating violations against regulations on performance of employment contracts, specifically as follows:
Violations against regulations on performance of employment contracts
…
4. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Coercing or maltreating employees if not liable to criminal prosecution.
…
Thus, a fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed for persuading, inciting, promising, advertising or otherwise tricking employees into exploitation of labor or forced labor, if not liable to criminal prosecution.
A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed upon an employer for coercing or maltreating employees if not liable to criminal prosecution.
Note: The above fines are imposed on individuals; the fines incurred by a company (organization) are twice as much as that incurred by an individual for the same administrative violation.
Is forced labor liable to criminal prosecution in Vietnam?
Employers who commit acts of forced labor, causing serious consequences, may be prosecuted for penal liability under Article 297 of the 2015 Criminal Code of Vietnam (amended by Clause 99, Article 1 of the 2017 Law on Amendments to the Criminal Code) on forced labor as follows:
Forced labor
1. Any person who uses violence or threat of violence or other methods to force a person to work against his/her will in any of the following circumstances shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) The offender incurred an administrative penalty or has an unspent conviction for the same offence;
b) The offence causes 31% - 60% WPI for another person;
c) The offence causes a total WPI of 31% - 60% for more than one person.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed against a person under 16, a women whose pregnancy is known by the offender, an old and weak person, a person suffering for severe or extremely severe physical disability;
c) The offence results in the death of a person;
d) The offence causes ≥ 61% WPI for another person;
dd) The offence causes a total WPI of 61% - 121% for more than one person;
e) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 05 - 12 years' imprisonment:
a) The offence results in the death of more than one person;
b) The offence causes a total WPI of ≥ 122% for more than one person.
4. The offender might also be liable to a fine of from VND 30,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
Thus, the offenders of forced labor can be sentenced to a maximum prison term of up to 12 years.
In addition, the offender might also be liable to a fine of from VND 30,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
LawNet
