What are the penalties for violations against regulations on prevention of occupational accidents and occupational diseases in Vietnam?
Will employees be penalized for violating regulations on the prevention of occupational accidents and diseases in Vietnam?
Based on Clause 1, Clause 2, Clause 3, Clause 4, Article 22 of Decree 12/2022/ND-CP as follows:
“Article 22. Violations of regulations on the prevention of occupational accidents and diseases
1. A fine of between 500,000 VND and 1,000,000 VND shall be imposed on employees who commit one of the following acts:
a) Failure to use the personal protective equipment provided;
b) Failure to participate in emergency response and handling of occupational accidents when ordered by the employer or competent state authority.
2. A fine of between 1,000,000 VND and 3,000,000 VND for each employee but not exceeding 75,000,000 VND in total shall be imposed on employers who do not organize periodic health examinations or health examinations for early detection of occupational diseases for employees.
3. A fine of between 5,000,000 VND and 10,000,000 VND for each employee but not exceeding 75,000,000 VND in total shall be imposed on employers who do not organize health examinations for employees before transferring to more hazardous or dangerous jobs or after they have recovered from occupational accidents or diseases unless they have already been examined by the Medical Examination Council.
4. A fine of between 10,000,000 VND and 15,000,000 VND for each employee but not exceeding 75,000,000 VND in total shall be imposed on employers who commit one of the following acts:
a) Failure to provide treatment, care, or rehabilitation for employees suffering from occupational diseases or occupational accidents;
b) Failure to arrange suitable work for employees who have occupational diseases or have suffered occupational accidents according to the conclusion of the Medical Examination Council.”
Employees will be subject to administrative penalties for violating regulations on the prevention of occupational accidents and diseases as stipulated above.
What are the penalties for violations against regulations on prevention of occupational accidents and occupational diseases in Vietnam?? (Image from the internet)
Under what circumstances will employers be penalized for violating regulations on the prevention of occupational accidents and diseases in Vietnam?
Based on Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Article 22 of Decree 12/2022/ND-CP as follows:
“Article 22. Violations of regulations on the prevention of occupational accidents and diseases
…
5. A fine of between 10,000,000 VND and 15,000,000 VND shall be imposed on employers who commit one of the following acts:
a) Failure to inform employees about one of the following: the situation of occupational accidents, occupational diseases; hazardous factors; safety and hygiene measures at the workplace;
b) Failure to organize the identification and evaluation of hazardous factors at the workplace;
c) Failure to display warning signs and instructions in Vietnamese and the commonly used language of the employees about safety and hygiene for machinery, equipment, materials, and substances requiring strict safety and hygiene measures at the workplace, storage, and usage areas, positioned in easy-to-read, easy-to-see locations.
6. A fine of between 15,000,000 VND and 20,000,000 VND shall be imposed on employers who fail to develop plans and implement, compile risk assessments for safety and hygiene at production facilities with high risks of occupational accidents and diseases.
7. A fine of between 20,000,000 VND and 25,000,000 VND shall be imposed on employers who commit one of the following acts:
a) Failure to immediately take remedial measures or cease the operation of machinery, equipment, workplaces with risks of causing occupational accidents or diseases;
b) Failure to carry out detoxification or sterilization measures for employees working in environments with toxic or infectious agents;
c) Failure to organize emergency response or emergency procedures when detecting risks or when occupational accidents, technical incidents causing loss of safety and hygiene at the workplace occur beyond the control of the employer.
8. Fines shall be imposed on employers with one of the following acts: Failure to provide or fully provide personal protective equipment, or providing substandard protective equipment; failure to provide in-kind benefits or providing in-kind benefits below the prescribed level; paying money instead of providing in-kind benefits for employees working in hazardous environments according to one of the following measures:
a) From 3,000,000 VND to 6,000,000 VND for violations involving 01 to 10 employees;
b) From 6,000,000 VND to 10,000,000 VND for violations involving 11 to 50 employees;
c) From 10,000,000 VND to 15,000,000 VND for violations involving 51 to 100 employees;
d) From 15,000,000 VND to 20,000,000 VND for violations involving 101 to 300 employees;
đ) From 20,000,000 VND to 30,000,000 VND for violations involving over 301 employees.
9. A fine of between 25,000,000 VND and 40,000,000 VND shall be imposed on employers violating national technical standards on safety and hygiene (excluding violations specified in Clause 8 of this Article and Article 24 of this Decree).
10. A fine of between 30,000,000 VND and 40,000,000 VND shall be imposed on employers who commit one of the following acts:
a) Forcing employees to work in conditions with risks of occupational accidents seriously threatening their health or lives non-compliant with the law;
b) Forcing employees not to leave the workplace when there are risks of occupational accidents seriously threatening their health or lives non-compliant with the law;
c) Forcing employees to continue working when risks of occupational accidents seriously threatening their health or lives have not been remedied non-compliant with the law.”
Employers will be subject to administrative penalties for violations of regulations on the prevention of occupational accidents and diseases as stipulated above.
Note: The administrative penalties mentioned above apply only to individuals. In the case of organizations violating administrative regulations, the administrative fines will be double those for individuals.
What is the statute of limitations for administrative penalties for violations against regulations on prevention of occupational accidents and diseases in Vietnam?
Based on Article 5 of Decree 12/2022/ND-CP as follows:
"Article 5. Statute of limitations for administrative penalties
1. The statute of limitations for administrative penalties in the field of labor, social insurance, and Vietnamese employees working abroad under contracts is as prescribed in Clause 1, Article 6 of the Law on Handling Administrative Violations.
2. The determination of completed administrative violations and ongoing administrative violations to calculate the statute of limitations for administrative penalties shall be as prescribed in Clause 1, Article 8 of Decree No. 118/2021/ND-CP dated December 23, 2021, of the Government of Vietnam detailing and guiding some articles and enforcement measures of the Law on Handling Administrative Violations."
The statute of limitations for administrative penalties for violations of regulations on preventing occupational accidents and diseases shall be implemented as stipulated above.
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