What are the fines for violations against regulations regarding foreign workers in Vietnam?
Hello Lawnet. I would like to ask about the fines for an employer when they violate the rights of foreign workers. Please provide me with latest regulations. Thank you.
What are the fines for violations against regulations regarding foreign workers in Vietnam? - image from internet
Pursuant to Article 31 of the Decree 28/2020/ND-CP (effective from 15/04/2020) stipulating violations against regulations regarding foreign workers in Vietnam:
1. Fines ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on any employer that commits one of the following violations:
a) Failing to send or including incorrect contents and time limits in review reports on foreign workers at the request of state regulatory authorities in charge of labor affairs;
b) Failing to send copies of the signed labor contracts to work permit-issuing bodies in case foreign workers work under labor contracts.
2. Fines ranging from VND 5,000,000 to VND 10,000,000 per a worker, but not exceeding VND 75,000,000, shall be imposed upon any employer that commits any act of hiring foreign workers in a way in breach of information shown in their work permits or written confirmations of their exemption from work permit requirements.
3. Fines ranging from VND 15,000,000 to VND 25,000,000 shall be imposed on any foreign worker in Vietnam that commits one of the following violations:
a) Accepting job offers without holding work permits or without written confirmations of their exemption from work permit requirements as required by law;
b) Using work permits or written confirmations of their exemption from work permit requirements that have already become null and void.
4. Fines shall be imposed on any employer that employs foreign workers to work in Vietnam without work permits or written confirmations of their exemption from work permit requirements, or employs foreign workers holding expired work permits or written confirmations of exemption from work permit requirements already null or void at one of the following rates:
a) Fines ranging from VND 30,000,000 to VND 45,000,000 to be imposed if the violation involves 01 – 10 workers;
b) Fines ranging from VND 45,000,000 to VND 60,000,000 to be imposed if the violation involves 11 – 20 workers;
c) Fines ranging from VND 60,000,000 to VND 75,000,000 to be imposed if the violation involves 21 or more workers.
5. Supplemental penalties
Deporting any foreign worker without work permits or written confirmations of exemption from work permit requirements that commits the violations specified in clause 3 of this Article while working in Vietnam.
Above are regulations on the fines for violations against regulations regarding foreign workers in Vietnam. Please refer to the Decree 28/2020/ND-CP for further information.
Best regards!
