What are the penalties for committing sexual harassment in the workplace in Vietnam?

What are the penalties for committing sexual harassment in the workplace in Vietnam?

Article 125 of the Labor Code 2019 stipulates that an employer may dismiss an employee for disciplinary reasons in the following circumstances:

1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;

2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;

3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved. A repeated violation means a violation which was disciplined and is repeated before it is absolved in accordance with Article 126 of this Code.

4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.

Justified reasons include natural disasters, fires; the employee or his/her family member suffers from illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor regulations.

Thus, if an employee commits sexual harassment at the workplace, you as the employer have the right to fire this employee.

What are the specific penalties frame for this violation in Vietnam?

Pursuant to Clause 5, Article 7 of Decree 144/2021/ND-CP, A fine ranging from 5.000.000 VND to 8.000.000 VND shall be imposed for any of the following violations:

- Deliberately inflicting injuries or bodily harm to another person but not liable to criminal prosecution;

- Disrupting public order while carrying cold weapons, combat gears or other items that can cause injuries;

- Filming, photographing, charting an restricted area that is relevant to defense and security;

- Molestation of a person under 16 but not liable to criminal prosecution;

- Molestation, sexual harassment;

- Engaging in sexual acts in public;

- Perform designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof against the categories or quality specified in the license issued by a competent authority;

- Using UAVs and ultralight aircrafts to launch, drop harmful or dangerous objects or substances without permission.

Thus, the person in your case may be fined from 5,000,000 VND to 8,000,000 VND and be forced to publicly apologize to the person who has done this act.

Best regards!