What are the penalties for borrowing documents to enter into labor contracts in Vietnam?

Ministry of Labor, War Invalids and Social affairs Official Dispatch 1767/LDTBXH-BHXH have comments on the fact that employees borrow records of other people in Vietnam to enter into labor contracts.

What are the penalties for borrowing documents to enter into labor contracts in Vietnam? (illustration)

Specifically, the Ministry of Labor, Invalids and Social Affairs has comments on the fact that employees in Vietnam borrow other people's dossiers to enter into labor contracts as follows:

- Borrowing documents to enter into labor contract in Vietnam, the labor contract will be invalidated:

Specifically, the case where employees in Vietnam borrow other people's records to enter into labor contracts is a violation of the principle of "honesty" as prescribed in Clause 1, Article 15 of the Labor Code and a violation of the obligation to provide information when entering into labor contracts as prescribed in Clause 2, Article 16 of the Labor Code.

Pursuant to the provisions of Point b, Clause 1, Article 49 of the Labor Code , this is the case where the labor contract is invalid in its entirety.

- The authority to declare a contract invalid due to the employee borrowing documents to enter into a labor contract in Vietnam:

According to Article 50 of the Labor Code 2019 , the competence to declare a labor contract invalid lies with the People's Court.

- The invalidity of the contract because the employee borrows documents to enter into the labor contract in Vietnam:

The handling of the labor contract is invalid in its entirety due to the lack of competence or violation of the principles of entering into the labor contract, which shall comply with the provisions of Clause 2, Article 51 of the Labor Code and Article 10 of Decree 145/2020/ND-CP.

Diem My

 

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