What is the latest form of request for advance payments to employees in Vietnam? What are the salary payment rules in Vietnam?
What is the latest form of request for advance payments to employees in Vietnam?
Currently, the law does not provide for the form of request for advance payments to employees. Below is an image of the form of request for advance payments to employees (for reference only):
.jpg)
Download the latest form of request for advance payments to employees in Vietnam: here.
What is the latest form of request for advance payments to employees in Vietnam? What are the salary payment rules in Vietnam? (Image from the Internet)
Can enterprises be fined up to VND 100 million for failing to make or insufficiently making advance payments to employees who temporarily leave their works?
Pursuant to Clause 2, Article 17 of Decree No. 12/2022/ND-CP stipulating as follows:
Violations against regulations on salaries
...
2. The following fines shall be imposed upon an employer for commission of one of the following violations: Failing to pay salaries on schedule as prescribed by law; failing to pay or insufficiently paying salaries to employees as agreed in their employment contracts; failing to make or insufficiently making overtime pay; failing to make or insufficiently making nightshift pay; failing to pay or insufficiently paying work suspension allowances as prescribed by law; restricting or interfering employees’ spending of their salaries; forcing employees to spend their salaries on goods or services of the employer or any particular providers decided by the employer; deducting from employees’ salaries in breach of law; failing to pay or insufficiently paying salaries to employees how are reassigned to perform works which are not specified in their employment contracts or during a strike; failing to make or insufficiently making payments to employees who, due to employment termination or job loss, have not taken or not entirely taken up their annual leave in compensation for their untaken leave days; failing to make or insufficiently making advance payments to employees who temporarily leave their works in accordance with regulations of law; failing to pay full salaries to employees who are not disciplined for their work suspension period:
a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;
b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;
c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 51 - 100 employees;
d) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation involves 101 - 300 employees;
dd) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed if the violation involves 301 employees or more.
...
Pursuant to Clause 1, Article 6 of Decree No. 12/2022/ND-CP stipulating as follows:
Fines, power to impose penalties, and rules for imposing penalties for repeated violations
1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.
...
Thus, according to the above regulations, enterprises may be fined up to VND 100,000,000 for failing to make or insufficiently making advance payments to employees who temporarily leave their works if the violation involves 301 employees or more.
What are the salary payment rules in Vietnam?
Pursuant to Article 94 of the 2019 Labor Code in Vietnam stipulating the salary payment rules as follows:
- Employers shall directly, fully and punctually pay salaries to their employees. In the cases where an employee is not able to directly receive his/her salary, the employer may pay it through a person legally authorized by the employee.
- Employers must not restrict or interfere their employees’ spending of their salaries; must not force their employees to spend their salaries on goods or services of the employers or any particular providers decided by the employers.
LawNet
