Vietnam: Is there an administrative penalty for a vocational training contract failing to specify the location, time of training and salary for the training period?
What are the main contents of a vocational training contract in Vietnam?
According to Clause 2, Article 62 of the 2019 Labor Code of Vietnam on the vocational training contract between the employer and the employee and the cost of vocational training as follows:
Vocational training contract between an employer and an employee, and vocational training costs
...
2. A vocational training contract in Vietnam shall have the following major contents:
a) The occupation in which training is provided;
b) Location, time of training and salary for the training period;
c) The work commitment period after training;
d) The training costs and responsibility for reimbursement thereof;
dd) Responsibilities of the employer;
e) Responsibilities of the employee.
Thus, according to regulations, a vocational training contract must contain the main contents mentioned above.
Vietnam: Is there an administrative penalty for a vocational training contract failing to specify the location, time of training and salary for the training period? (Image from the Internet)
Is there an administrative penalty for a vocational training contract failing to specify the location, time of training and salary for the training period?
Pursuant to Article 14 of Decree No. 12/2022/ND-CP, violations against regulations on training and retraining for improving vocational skills are prescribed as follows:
Violations against regulations on training and retraining for improving vocational skills
1. The following fines shall be imposed upon an employer for commission of one of the following violations: failing to provide training for employees before reassigning them; failing to have an vocational training contract which contains the basic contents prescribed in Clause 2 Article 62 of the Labor Code; charging trainees or apprentices who will then work for the employer; failing to enter into traineeship or apprenticeship contracts with trainees or apprentices who will then work for the employer that is not required to register vocational training activities as prescribed in Clause 3 Article 61 of the Labour Code; failing to pay salary to trainees or apprentices who directly perform or participate in performance of the work; failing to enter into employment contracts with trainees or apprentices who satisfy the conditions set out in the Labour Code upon the expiry of their traineeship or apprenticeship period:
a) A fine ranging from VND 500.000 to VND 2.000.000 shall be imposed if the violation involves 01 - 10 employees;
b) A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves 11 - 50 employees;
c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 51 - 100 employees;
d) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 101 - 300 employees;
dd) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves 301 employees or more.
2. 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) Taking advantage of vocational training or apprenticeship to profiteer, or exploit the trainees or apprentices, or persuade or force them to act against the law;
b) Recruiting people under 14 years old to apprenticeship or job training, except for occupations and jobs permitted by law;
c) Recruiting apprentices for a duration of apprenticeship exceeding 03 months.
Thus, according to the regulations, failing to have a vocational training contract which contains the basic contents prescribed in Clause 2 Article 62 of the 2019 Labor Code of Vietnam may be administratively sanctioned according to the following fines:
- A fine ranging from VND 500.000 to VND 2.000.000 shall be imposed if the violation involves 01 - 10 employees;
- A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves 11 - 50 employees;
- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 51 - 100 employees;
- A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 101 - 300 employees;
- A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves 301 employees or more.
What do vocational training costs include?
According to Clause 3, Article 62 of the 2019 Labor Code of Vietnam as follows:
Vocational training contract between an employer and an employee, and vocational training costs
...
3. Training costs include those specified in valid documents on payments for trainers, training materials, training locations, equipment, practice materials, other supportive expenses for the learner, the salary, social insurance, health insurance and unemployment insurance premiums paid for the learner during the training period. In case the employee receives the training overseas, the training costs also include the travelling and living expenses during the training period.
Thus, the cost of vocational training includes the costs specified above.
LawNet
