This is a notable content specified in Decree No. 28/2020/NĐ-CP of Vietnam’s Government on administrative penalties for violations arising from labor, social insurance and sending Vietnamese workers abroad under contracts.
Article table of contents
According to Article 3 of Decree No. 52/2014/NĐ-CP of Vietnam’s Government, employment services provided by enterprises include:
- Providing counseling to employees and employers, including:
+ Occupational counseling for people to select occupations and training levels and places suitable to their abilities and expectations;
+ Job counseling for people to select jobs suitable to their abilities and expectations; counseling on skills for passing recruitment exams, creating employment and seeking jobs at home and abroad;
+ Counseling for employers on labor recruitment and management, human resource management and development, employment and job development.
- Recommending jobs, supplying and recruiting employees at the request of employers, including:
+ Recommending job seekers to employers who need to recruit labor;
+ Supplying employees at the request of employers;
+ Supplying and recommending employees to units and enterprises licensed to send Vietnamese abroad to work under labor contracts.
- Collecting, analyzing, forecasting and providing information about the labor market.
- Providing training in job-seeking skills and vocational skills in accordance with law.
- Implementing employment programs and projects.
According to Clause 3 Article 6 of Decree No. 28/2020/NĐ-CP of Vietnam’s Government, a fine from VND 45,000,000 to VND 60,000,000 shall be imposed upon any individual or organization engaged in employment services that has neither a legally established employment service center nor a license for provision of employment services issued by a competent authority, or uses an expired employment service license.
Moreover, Decree No. 28/2020/NĐ-CP also stipulates fines for other violations against regulations on employment services, specifically as follows:
- A fine from VND 500,000 to VND 1,000,000 shall be imposed on employment service providers that inform employment service activities in breach of laws.
- A fine from VND 10,000,000 to VND 20,000,000 shall be imposed upon any employment service provider that provides false or misleading information about an employee's job positions.
Note: Employment service provision licenses shall be granted by provincial-level People’s Committees or provincial-level Labor, War Invalids and Social Affairs Departments under the authorization of provincial-level People’s Committees to enterprises established under the law on enterprises and meeting all the conditions prescribed in Article 7 of Decree No. 52/2014/NĐ-CP.
View details at Decree No. 28/2020/NĐ-CP of Vietnam’s Government, effective from April 15, 2020.
Le Hai
