Can a landlord in Vietnam keep the ID card of a domestic worker?
Can a landlord in Vietnam keep the ID card of a domestic worker? What are the fines imposed on a landlord in Vietnam for keeping the ID card of a domestic worker? What are obligations of a landlord in Vietnam towards a domestic worker?
Hello Lawnet. I was just hired to work as a domestic worker for a family. Before signing the contract, the landlord asked me to give them my ID card to keep in case I quit my job without notice. I did not agree, so I did not sign the contract. Can you tell me if a landlord is allowed to keep my ID card if I work as a domestic worker?
Thank you!
Can a landlord in Vietnam keep the ID card of a domestic worker?
Pursuant to Article 165 of the Labor Code in 2019 stipulating prohibited acts by the employer as follows:
1. Mistreating, sexually harassing, extracting forced labor, and using force or violence against the domestic worker.
2. Assigning works to the domestic worker against the employment contract.
3. Keeping personal papers of the domestic worker.
Therefore, if you work as a domestic worker, your landlord is not allowed to keep your ID card for any reason under the law.
What are the fines imposed on a landlord in Vietnam for keeping the ID card of a domestic worker?
Pursuant to Article 30 of the Decree 12/2022/NĐ-CP stipulating violations against regulations on domestic workers as follows:
1. A warning shall be imposed upon an employer for commission of one of the following violations:
a) Failing to enter into a written employment contract with the domestic worker;
b) Failing to pay travel expenses for the domestic worker to return their place of residence at the end of his/her service, except for cases where the domestic worker terminates the employment contract before its expiry date.
2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Failing to notify the communal-level People's Committee of employment or termination of employment of domestic workers as prescribed;
b) Repeating the violation specified in Clause 1 of this Article for which a warning has been imposed.
3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Keeping personal identity papers of the domestic worker;
b) Failing to pay the domestic worker amounts of his/her social insurance and health insurance premiums in accordance with regulations of law so that the domestic worker can proactively participate in social insurance and health insurance.
4. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed upon an employer for mistreating, sexually harassing, extracting forced labor, or using force or violence against the domestic worker, if not liable to criminal prosecution.
5. Remedial measures
a) The employer that commits the violation specified in Point a Clause 1 of this Article is compelled to conclude written employment contracts with domestic workers;
b) The employer that commits the violation in Point b Clause 1 of this Article is compelled to fully pay travel expenses to domestic workers;
c) The employer that commits the violation in Point a Clause 3 of this Article is compelled to return personal identity papers to domestic workers;
d) The employer that commits the violation in Point b Clause 3 of this Article is compelled to fully pay amounts of social insurance and health insurance premiums to domestic workers.
As regulations above, if a landlord keeps the ID card of a domestic worker, the landlord may be fined from VND 10,000,000 to VND 15,000,000. The landlord must return the ID card to the domestic worker in accordance with the law.
What are obligations of a landlord in Vietnam towards a domestic worker?
Pursuant to Article 163 of the Labor Code in 2019 stipulating obligations of the employer as follows:
1. Fully implement the agreement as indicated in the employment contract.
2. Pay the domestic worker an amount of his/her social insurance and health insurance premiums in accordance with the law for the domestic worker to manage insurance by themselves.
3. Respect the domestic worker’s honor and dignity.
4. Provide clean and hygienic accommodation and dining place for the domestic worker, where there is such an agreement.
5. Create opportunities for the domestic worker to participate in educational and occupational training.
6. Cover the cost of the travel expenses for the domestic worker to return to their place of residence at the end of his/her service, except in cases where the domestic worker terminates the employment contract before its expiry date.
Above are obligations of a landlord in Vietnam towards a domestic worker.
Best regards!
