03 prohibited acts of enterprises during conclusion and performance of employment contracts in accordance with Vietnamese law

16:20, 14/08/2021

In fact, many enterprises have required employees to take security measures in cash to perform labor contracts, or keep employee's identity documents and diplomas, etc. So how are these acts handled according to the law of Vietnam?

Pursuant to Article 17 of the Labor Code 2019 of Vietnam, prohibited acts by employers during conclusion and performance of employment contracts are prescribed as following:

No.	Prohibited acts	Violation handling	Legal basis
1	Keeping the employee’s original identity documents, diplomas and certificates.	A fine ranging from VND 20,000,000 to VND 25,000,000. Compelling return of employee’s original identification papers, diplomas or certificates	Decree No. 28/2020/NĐ-CP
2	Requesting the employee to make a deposit in cash or property as security for his/her performance of the employment contract.	A fine ranging from VND 20,000,000 to VND 25,000,000. Compelling repayment of the amount of money or return of assets of employees, plus the amount of interest on such money on which the highest interest rates on demand deposits are publicly quoted by state-owned commercial banks.	Decree No. 28/2020/NĐ-CP
3	Forcing the employee to keep performing the employment contract to pay debt to the employer.	Proposing a fine ranging from VND 50,000,000 to VND 75,000,000.	The Draft Degree prescribes regulations on sanctioning of administrative violations in the field of labor, social insurance, sending Vietnamese workers to work abroad under contracts.

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