What are the fines for the violations against regulations on occupational safety and hygiene engineering inspection activities in Vietnam?

What are the fines for the violations against regulations on occupational safety and hygiene engineering inspection activities in Vietnam? - image from internet

Pursuant to Article 25 of the Decree 28/2020/ND-CP (effective from 15/04/2020) stipulating the fines for the violations against regulations on occupational safety and hygiene engineering inspection activities in Vietnam:

1. If organizations providing occupational safety engineering inspection services commit any violation against regulations on occupational safety engineering inspection activities, they shall be fined as follows:

a) A fine ranging from VND 1,000,000 to VND 3,000,000 for any act of failure to report on occupational safety and hygiene engineering inspection activities as required by regulations in force;

b) A fine ranging from VND 3,000,000 to VND 5,000,000 to be imposed for one of the following violations: Failing to inform competent authorities issuing Certificates of fulfillment of inspection service provision requirements whenever there is any change in certificate holders' main office addresses or branches;

c) A fine ranging from VND 40,000,000 to VND 50,000,000 to be imposed for one of the following violations: Providing occupational safety inspection services outside the scope of business activities stated in the Certificate of fulfillment of inspection service provision requirements; failing to comply with regulations on inspection procedures; hiring inspection practitioners who are deprived of the rights to use, or subject to the revocation of, inspector credentials or practicing certificates, or use expired inspector credentials or practicing certificates to conduct inspection activities; hiring persons who have not yet obtained inspector credentials or practicing certificates to conduct inspections; hiring any inspection practitioner before he/she has not yet signed labor contracts or piecework contracts; failing to maintain compliance with the regulations on inspection service requirements set out in Certificates of fulfillment of inspection service provision requirements; failing to ensure conformance to objectivity, independence or arm's length principles in providing inspection services;

c) A fine ranging from VND 80,000,000 to VND 100,000,000 to be imposed for one of the following violations: Providing false inspection results; providing inspection results without any inspection to be carried out;

dd) A fine ranging from VND 130,000,000 to VND 150,000,000 to be imposed for one of the following violations: Carrying out inspection activities when the Certificate of fulfillment of inspection service provision requirements has expired, or during the period of suspension of inspection services, or during the period of being subject to decisions on withdrawal or deprivation of the rights to use the Certificate of fulfillment of occupational safety engineering inspection requirements; tampering with information contained in the Certificate of fulfillment of inspection service provision requirements not to the extent that they are liable to criminal prosecution.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed for one of the following violations:

c) Failing to comply with inspection procedures issued by competent regulatory authorities;

b) Rendering inspection services to occupational safety engineering inspection service providers without obtaining the Certificate of fulfillment of occupational safety inspection service provision requirements.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon any inspection practitioner that carries out the inspection in the event that his/her inspector credential or practicing certificate has expired; his/her inspection activities fall outside of the scope of service activities specified in his/her inspector credential or practicing certificate; his/her inspector credential or practicing certificate is revoked or withdrawn.

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon any individual person providing inspection services if he/she does not hold any inspector credential or practicing certificate.

5. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for any act of rendering inspection services without any Certificate of fulfillment of inspection service provision requirements.

6. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed upon inspection practitioners who commit any act of tampering with information contained in inspector credentials or practicing certificates that they have already been granted not to the extent that they are liable to criminal prosecution.

7. Supplemental penalties

a) Suspension of provision of inspection services for the duration from 01 month to 03 months for occupational safety inspection service providers committing any violation referred to in point d of clause 1 of this Article;

b) Confiscation of the Certificate of fulfillment of occupational safety engineering inspection provision requirements, which is imposed as a penalty for any act of tampering with information contained in Certificates of fulfillment of inspection service provision requirements as provided in point dd of clause 1 of this Article;

c) Confiscation of inspector credentials or practicing certificates, which is imposed as a penalty for any violation specified in clause 6 of this Article;

d) Deprivation of the rights to use inspector credentials or practicing certificates for the duration from 01 month to 03 months, which is imposed as a form of penalty for inspection practitioners carrying out inspection activities falling outside of service activities specified in inspector credentials or practicing certificates as provided in clause 3 of this Article.

8. Relief and mitigative measures

Compelling cancellation of inspection results and repayment of inspection costs plus the amount of interest thereon which is calculated at the highest demand deposit interest rates publicly quoted by state-owned commercial banks on the date of imposition of penalty for the violations referred to in point c, d and dd of clause 1 of this Article, except an act of tampering with information contained in Certificates of fulfillment of inspection service provision requirements already available for use not the extent of being liable to criminal prosecution.

Please refer to the Decree 28/2020/ND-CP for further information.

Best regards!