List of fines imposed on violation related to labor and salary in Vietnam as of April 15, 2020

No

Type of violation

Acts

Fine

1

Violations arising from employee recruitment and management

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;

A fine ranging from VND 1,000,000 to VND 3,000,000

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

Discrimination on the grounds of sex, age, race, skin color, social class, marital status, belief, religion, HIV infection or disability

A fine of from VND 5,000,000 to VND 10,000,000

2

Violations against regulations on conclusion of employment contracts

Failing to enter into a written labor contract with respect to jobs with a term of full 3 months or more

 A fine ranging from VND 2,000,000 to VND 25,000,000 depending on the number of employees

Failing to enter into the right type of labor contract with workers;

Entering into a labor contract without fully covering the major contents of the labor contract;

Concluding labor contracts in case of hiring an employee to hold office as a director in an enterprise with State capital not prescribed by law

Keeping originals of identification papers, diplomas and certificates of employees when concluding or performing labor contracts

A fine ranging from VND 20,000,000 to VND 25,000,000

Requiring employees to put up money or other property as security for discharge of their contractual obligations

Concluding employment contracts with persons aged from 15 to under 18 without written consent from their legal representatives

3

Violation against regulations on probation

Requiring employees who work under casual labor contracts to undergo probation

A fine ranging from VND 500,000 to VND 1,000,000

Failing to notify probationary work results as prescribed by law

Requiring workers to take probation on the same job vacancy more than once

A fine ranging from VND 2,000,000 to VND 5,000,000

Having workers take probation for a period longer than permitted

Paying wages to probationary employees at the rate of less than 85% of the minimum pay rates applied to work that they are offered

Failing to conclude employment contracts with employees who keep working after their probation period

4

Violations against regulations on execution of employment contracts

Act of temporary transfer of an employee to another job position not specified in the employment contract without 3 days’ prior notice or clear notification of the duration of such temporary transfer, or placement of jobs not suitable to the employee’s health and gender

A fine ranging from VND 1,000,000 to VND 3,000,000

Placing employees in jobs at places other than the ones agreed in labor contracts, except for the cases specified in Article 31 in the Labor Code

A fine ranging from VND 3,000,000 to VND 7,000,000

Refusing to give back work to employees after expiry of the period of temporary suspension of labor contracts, unless otherwise agreed upon between employers and employees

Transferring employees to take up jobs other than those specified in labor contracts for improper reasons, for or in the incorrect duration, or without written consent from employees according to the provisions of law

Coercing or maltreating employees to the extent of not being subject to criminal prosecutions

A fine ranging from VND 50,000,000 to VND 75,000,000

5

Violations against regulations on modification, revision or termination of employment contracts

Changing the term of labor contract more than once by using labor contract annexure or the one changing the type of labor contract already in effect, except for cases of extension of the term of labor contract with the older person and with the part-time trade union officer defined in Clause 6 of Article 192 in the Labor Code

A fine ranging from VND 1,000,000 to VND 20,000,000 depending on the number of employees

Failing to strictly comply with regulations on the time limit for payment of employees' benefits upon termination of labor contract

Failing to pay or fully pay severance or unemployment allowances to employees according to law provisions

Failing to pay or fully pay compensation to employees in case of unilateral termination of labor contracts in breach of law

Failing to completely give endorsement and return other papers of employees that they keep in their custody to employees after termination of labor contracts as prescribed by law

Laying off 02 or more employees without consulting with internal employee representation associations or without informing provincial labor authorities at least 30 days in advance in case of any change in organization structure, technology or for financial reasons;

A fine ranging from VND 5,000,000 to VND 10,000,000

Failing to make employee placement plans as prescribed by law.

6

Violations against regulations on wages and salaries

Failing to publish the pay scales, pay charts, labor norms and reward rules at the workplace

A fine ranging from VND 2,000,000 to VND 5,000,000

Failing to make pay record books and present them to competent authorities upon their request

When changing the form of payment, the violating employer has not informed the employee at least 10 days in advance

Failing to make pay scales, pay charts or labor norms

Using pay scales, pay charts or labor norms in breach of regulations after receipt of opinions about revision and supplementation thereof from district-level labor authorities

Failing to consult with organizations representing labor collectives at the grassroots level when formulating pay scales, pay charts, labor norms and reward rules

Making late wage payments

A fine ranging from VND 5,000,000 to VND 50,000,000 depending on the number of employees

Failing to make payment or making underpayment of wages and salaries to employees in breach of labor contracts between employers and employees

Failing to make payment or make underpayment of wages to employees working in arduous, hazardous or dangerous jobs, or extremely arduous, hazardous or dangerous jobs, or jobs requiring occupational training or education according to regulations of laws

Paying wages at the level lower than the one prescribed in the pay scale and pay chart submitted to district-level labor authorities

Failing to make payment or making underpayment of wages for overtime work, night-shift work or temporary work suspension to employees as prescribed by law

Deducting wages or salaries of employees in breach of law provisions; 

Making payment of wages to employees in breach of regulations in case of temporary transfer of employees to other jobs not agreed upon in labor contracts, during temporary work suspension or during strikes, or during the employee’s residual days-off

Paying workers lower than the prescribed region-specific minimum pay rates prescribed by the Government

A fine ranging from VND 20,000,000 to VND 75,000,000 depending on the number of employees

Acts of failing to pay an extra amount which equals to the amount of compulsory social insurance, compulsory health insurance, unemployment insurance, and annual leave allowance to employees who are not required to participate in compulsory social insurance, compulsory health insurance, unemployment insurance as prescribed by law

A fine ranging from VND 3,000,000 to VND 20,000,000 depending on the number of employees

7

Violations against regulations on work and rest time

Failing to provide necessary conditions to allow workers to rest at intervals between working sessions, between working shifts, or take personal leave, or take unpaid leave as prescribed in existing regulations

A fine ranging from VND 2,000,000 to VND 5,000,000

Failing to shorten working hours for employees in their last working years before their retirement as prescribed by law

Failing to send written notifications of overtime work totaling between more than 200 and 300 hours a year to competent authorities assisting People’s Committees of provinces and centrally-affiliated cities in state management of labor issues

Violations against laws on legal weekly days-off, annual days-off or statutory public holidays or New Year’s holidays.

A fine ranging from VND 10,000,000 to VND 20,000,000

Setting normal working time longer than the statutory working hours

A fine ranging from VND 20,000,000 to VND 25,000,000

Mobilizing staff and employees to work overtime without their consent, except for the case in Article 107 of the Labor Code

Mobilizing staff to work overtime in excess of the hours prescribed in point b of clause 2 of Article 106 in the Labor Code, or in excess of 12 hours each day when working overtime during public holidays, New Year’s holidays, and weekly days-off

A fine ranging from VND 5,000,000 to VND 75,000,000 depending on the number of employees

8

Violations against regulations on labor disciplines and material responsibilities

Failing to publicly notify or display main contents of labor rules at necessary sites at workplace

A fine ranging from VND 500,000 to VND 1,000,000

Failing to put written labor rules in use if they use at least 10 employees

A fine ranging from VND 5,000,000 to VND 10,000,000

Failing to register labor rules with regulatory labor authorities at the provincial level

Using labor rules that have not yet been in effect or has become null and void

Imposing disciplinary actions and paying compensations for any losses that may arise in accordance with laws

Temporarily suspending staff or employees in breach of laws

Infringing on the body and dignity of employees when disciplining staff or employees to the extent of not being liable to criminal prosecution

A fine ranging from VND 10,000,000 to VND 15,000,000

Imposing penalties in the form of fines or salary cuts instead of labor-related disciplinary actions

Disciplining employees who commit violations that are not prescribed in labor rules

Imposing multiple labor-related disciplinary actions for an act of violation against labor disciplines

9

Violations against female employee regulations

Failing to consult female employees or their representatives when deciding issues related to the rights and interests of these female employees

A Fine ranging from VND 500,000 to VND 1,000,000

Failing to allow female employees to rest 30 minutes a day during their menstruation

Allowing female workers to work overtime, work at night and go on business trips in one of the following cases: They are pregnant from the 7th month, or from the 6th month of pregnancy if they work in highland, remote, isolated, border and island regions; they are raising their children under 12 months old

A fine ranging from VND 10,000,000 to VND 20,000,000

Failing to make work transfer or reduction in working hours for pregnant female employees in the 7th month of pregnancy onwards who are doing heavy work as prescribed in clause 2 of Article 155 in the Labor Code

Failing to allow female employees that are raising their children aged under 12 months to rest 60 minutes a day

Failing to reinstate female employees in their previous posts after end of their maternity leave period as prescribed in clause 1 and clause 3 of Article 157 in the Labor Code, unless these previous posts are no longer available

Imposing labor-related disciplinary actions on female employees who are pregnant or take paid leave for childbirth in accordance with law on social insurance, or are raising children under 12 months of age

Sacking or unilaterally terminating employment contracts with female employees for such reasons as marriage, pregnancy, maternity leave or care for their infants aged under 12 months, except when violating employers are individuals who are dead, is judged incapable of civil acts, missing or dead by the Court, or when employers who are not individuals closing their business not to the extent to being liable to criminal prosecution

Employing female employees to do any work that female employees are prohibited from doing as prescribed in Article 160 in the Labor Code