Is it permissible for enterprises in Vietnam to pay cash in hand and let employee to purchase personal protective equipment themselves?

Is it permissible for enterprises in Vietnam to pay cash in hand and let employee to purchase personal protective equipment themselves?

Pursuant to Article 5 of the Circular 04/2014/TT-BLĐTBXH stipulating principles for provision of personal protective equipment as follows:

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4. The employers must make a book of providing and monitoring the personal protective equipment and this book must have signatures of employees received personal protective equipment according to form in Annex 3 promulgated together with this Circular.

5. Employees have right to request the employers for providing new equipment or changing kind of personal protective equipment specified in Annex 1 promulgated together with this Circular to be adequate with actual conditions. The employers shall consult opinions of grassroots trade union or representatives of employees collective before decision.

6. The employers shall, depend on specific requirements, provide necessary personal protective equipment for visitors or learners to use during visit and study.

7. All acts by employer to pay cash in hand for employee instead of providing personal protective equipment or to pay cash in hand and let employee to purchase personal protective equipment themselves are strictly prohibited.

As regulations above, it is against the law when your company pay cash in hand and let employee to purchase personal protective equipment themselves.

What are the fines for failure to provide personal protective equipment for employees in Vietnam?

Pursuant to Clause 8 and 11, Article 22 of the Decree 12/2022/NĐ-CP stipulating violations against regulations on prevention of occupational accidents and occupational diseases as follows:

8. The following fines shall be imposed upon an employer for commission of one of the following violations: Failing to provide or insufficiently providing personal protective equipment, or providing such equipment that does not meet quality standards; failing to grant allowances or benefits in kind or granting them at the rates lower than the prescribed ones; paying money in lieu of allowances or benefits in kind to employees working in contact with hazards or harmful factors:

a) A fine ranging from VND 3.000.000 to VND 6.000.000 shall be imposed if the violation involves 01 - 10 employees;

b) A fine ranging from VND 6.000.000 to VND 10.000.000 shall be imposed if the violation involves 11 - 50 employees;

c) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 51 - 100 employees;

d) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves 101 - 300 employees;

dd) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 301 employees or more.

11. Remedial measures

The employer is compelled to pay employees allowances or benefits in kind which are converted into cash at the prescribed rates in case of failing to grant allowances or benefits in kind or granting them at the rates lower than the prescribed ones to employees working in contact with hazards or harmful factors as specified in Clause 8 of this Article.

Pursuant to Clause 1 Article 6 of the Decree 12/2022/NĐ-CP stipulating as follows:

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.

As regulations above, a fine ranging from VND 3.000.000 to VND 30.000.000 shall be imposed on individuals and the fines shall also be doubled if the violator is an organization.

In addition, the employer is compelled to pay employees allowances or benefits in kind which are converted into cash at the prescribed rates in case of failing to grant allowances or benefits in kind or granting them at the rates lower than the prescribed ones to employees working in contact with hazards or harmful factors.

What are the fines imposed on employees for failure to use the provided personal protective equipment in Vietnam?

Pursuant to Clause 1 Article 22 of the Decree 12/2022/NĐ-CP stipulating violations against regulations on prevention of occupational accidents and occupational diseases as follows:

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed upon an employee for commission of one of the following violations:

a) Failing to use the provided personal protective equipment;

b) Failing to get involved in responding to emergencies, incidents or accidents at work upon receipt of orders from his/her employer or competent authorities.

Pursuant to Clause 1 Article 6 of the Decree 12/2022/NĐ-CP stipulating as follows:

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.

As regulations above, a fine ranging from VND 500.000 to VND 1.000.000 shall be imposed upon an employee for failing to use the provided personal protective equipment.

Best regards!