Vietnam: A fine of 3 million VND for enterprises failing to make notification of the recruitment result after 05 working days

Enterprises are obliged to publicly announce the results of labor recruitment. According to Article 7 of the Decree No. 28/2020/NĐ-CP of the Vietnam’s Government, if the enterprise fails to perform this obligation within a certain period of time, it shall be administratively sanctioned as following:

Imposing the fine ranging from VND 1,000,000 to VND 3,000,000 on employers that commit one of the following violations:

- Failing to publicly announce the recruitment result, or making notification of the recruitment result after 05 working days from the day on which the result is available;

- Failing to report hiring and placement of employees as required in regulations in force to Departments or Sub-departments of Labor – War Invalids and Social Affairs (with regard to employers working in industrial parks) at places where head offices, branches and representative offices of these violating employers are located;

- Failing to report any change in the number of employees to Departments or Sub-departments of Labor – War Invalids and Social Affairs (with regard to employers working in industrial parks) at places where head offices, branches and representative offices of these violating employers are located;

- Collecting money from job candidates;

- Failing to make employment record books; making employment record books late, failing to include basic contents prescribed by law in these record books; failing to record and enter all information about employees into these books from the effective date of labor contract; failing to give updates in case of any change in these books.

In addition, a fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for discrimination on the grounds of sex, age, race, skin color, social class, marital status, belief, religion, HIV infection or disability.

Note: For the act of collecting money from job candidates, offenders are compelled to pay back collected amounts to employees.

More details at the Decree No. 28/2020/NĐ-CP of the Vietnam’s Government, effective from April 15, 2020.

Le Thanh

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