What are the penalties for violations against regulations on employment services in Vietnam?

What are the penalties for violations against regulations on employment services in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What do the employment services include?

According to Clause 1, Article 36 of the Employment Law 2013,  employment services include

- Job counseling and recommendation;

- Supply and recruitment of workers at the request of employers;

- And collection and provision of labor market information.

2. What are the penalties for violations against regulations on employment services in Vietnam?

Penalties for violations against regulations on employment services in Vietnam according to Article 7 of Decree 12/2022/ND-CP are as follows:

(1) A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed on an employment agency for commission of one of the following violations:

- Notifying its provision of employment services in breach of laws;

- Failing to publicly post the certified true copy of the original of its license or license revocation decision at its head office;

- Failing to monitor the employment status of employees that it has introduced or supplied for a minimum period of at least 03 months or during the validity period of employment contracts (in case of under-three-month employment contracts).

(2) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on an employment agency for commission of one of the following violations:

- Failing to submit reports on its provision of employment services as prescribed;

- Failing to have, update or manage data on employees registering for job counseling and introduction and employers registering for recruitment of workers; or failing to connect or share these data as required by competent authorities;

- Failing to set or publicly post employment service prices at its head office as prescribed by law.

(3) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on an employment agency for providing false or misleading information about job positions.

(4) A fine ranging from VND 45.000.000 to VND 60.000.000 shall be imposed upon any entity engaged in employment services that does not have a duly established employment service center or does not possess an employment agency license issued by a competent authority, or uses an expired employment agency license.

(5) A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed on an employment agency for commission of one of the following violations:

- Letting another enterprise or entity use its employment agency license;

- Altering or falsifying any documents included in the application for issuance, renewal or re-issuance of employment agency license if not liable to criminal prosecution;

- Altering or falsifying the issued employment agency license if not liable to criminal prosecution;

- Forging any documents included in the application for issuance, renewal or re-issuance of employment agency license if not liable to criminal prosecution;

- Forging the employment agency license if not liable to criminal prosecution;

- Failing to satisfy one of the licensing requirements set out in laws.

(6) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for forging the employment agency license if not liable to criminal prosecution.

(7) Additional penalties:

The exhibits and instrumentalities for committing the violation in Point dd Clause 5 or Clause 6 of this Article, which are forged employment agency licenses, shall be confiscated.

(8) Remedial measures:

- The violating entity is compelled to return the amounts of employment service charges collected plus the interest on such amounts which is calculated at the highest rate of the demand deposit interest rates publicly quoted by state-owned commercial banks on the date of imposition of penalties for the violation specified in Clause 4 of Article 7 of Decree 12/2022/ND-CP;

- The employment agency that commits the violation specified in Point c Clause 5 of Article 7 of Decree 12/2022/ND-CP is compelled to return the employment agency license to the licensing authority.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE