Non-Governmental Organizations are also subjects to administrative sanctions in labor and social insurance

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This Decree stipulates that the monetary penalty for an organization is double that for an individual in the case of violations. Specifically, according to Clause 3, Article 5 of Decree 28, organizations subject to sanctions under this Decree include:

- State agencies committing violations, except for those under the managerial authority assigned by the State;- Enterprises established and operating under Vietnamese law; branches and representative offices of foreign enterprises operating in Vietnam;- Cooperatives, cooperative unions;- Public service providers;- Political, socio-political organizations, socio-political-professional organizations; social organizations; socio-professional organizations;- Diplomatic missions, foreign consular offices, representative offices of international organizations of the UN system, regional, and sub-regional organizations;- Resident offices of foreign news agencies, press, radio, and television;- International organizations, inter-governmental organizations, foreign governmental organizations;- Non-governmental organizations;- Non-profit representative offices operating in Vietnam of economic, commercial, financial, banking, insurance, scientific - technical, cultural, educational, health, and legal consulting organizations from abroad;- Educational institutions, vocational education institutions, health establishments, cultural - social establishments.

Thus, from April 15, 2020, all the above organizations, including non-governmental organizations, international organizations, inter-governmental organizations, etc., if found to be in violation in the fields of labor, social insurance, or sending Vietnamese workers abroad, will be sanctioned according to this Decree.

Currently, Decree 95/2013/ND-CP generally stipulates that individuals and organizations with administrative violations are subject to sanctions as per the provisions in Decree 95 (Clause 3, Article 2 of Decree 95/2013/ND-CP), without listing specifically what these organizations are. The detailed listing of organizations subject to sanctions under Decree 28/2020/ND-CP facilitates easier identification of the targets. However, if an organization commits a violation not specified in Clause 3, Article 5 of this Decree, another document will have to be applied to adjust.

Explore other provisions of Decree 28/2020/ND-CP HERE.

Toan Trung

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