THE GOVERNMENT

Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Handling administrative violations dated June 20, 2012;

Pursuant to the Labor Code dated June 18, 2012;

Pursuant to the Law on Social insurance dated June 29, 2006;

Pursuant to the Law on Vietnamese guest workers dated November 29, 2006;

At the request of the Minister of Labor, War Invalids and Social Affairs;

The Government issues a Decree on penalties for administrative violations in  labor, social insurance, and overseas manpower supply by contract,

Chapter 1.

GENEREAL PROVISIONS

Article 1. Scope of regulation

This Decree handles with the violations, penalties, fines, remedial measures, the powers to impose penalties, the procedure for imposing penalties against regulations on labor, social insurance, and overseas manpower supply.

Article 2. Subjects of application

1. Employers.

2. Workers.

3. Organizations and individuals committing violations specified in this Decree.

Article 3. Fines for administrative violations against regulations on labor, social insurance, and overseas manpower supply

1. The fines for the violations mentioned in Chapter II, Chapter III, and Chapter IV of this Decree are applicable to individuals, except for the cases in Clause 1 and Clause 2 of Article 4, Clause 2, Clause 4 and Clause 6 of Article 9, Clause 6 and Clause 7 of Article 17, and from Articles 29 to 34 of this Decree.  The fines applicable to organizations are twice as much as those applicable to individuals.

2. The powers to impose penalties for administrative violations specified in Chapter VI of this Decree are applicable to individuals. The powers to impose fines incurred by organizations are twice at much those applicable to individuals.

Chapter 2.

VIOLATIONS, PENALTIES, FINE LEVELS AND REMEDIAL MEASURES APPLICABLE TO VIOLATIONS AGAINST LABOR REGULATIONS

Article 4. Violations against regulations on employment services

1. The employment agency shall carry a fine from 1,000,000 VND to 3,000,000 VND for each worker that is charged beyond the following limits:

a) A fine from  5,000,000 VND to 10,000,000 VND for misinformation or misunderstanding to the work position;

b) A fine from  45,000,000 VND to 60,000,000 VND for running the employment agency without being licensed by a competent authority, or using an expired license.

2. Remedial measures:

a) Compelling the return of employment service charge exceeding the limits, applicable to the violations in Clause 1 of this Article;

b) Compelling the remittance of the exceeding charges collected from workers to government budget, applicable to the violations in Clause 3 of this Article.

Article 5. Violations against the regulations on labor contract conclusion

1. Upon committing one of the following acts: Failing to conclude written labor contracts for permanent jobs that last for more than 3 months; failing to conclude the appropriate types of contracts with workers according to Article 22 of the Labor Code, the employer shall be liable to:

a) A fine from 500,000 VND to 2,000,000 VND, if the violation concerns 01 - 10 workers.

b) A fine from 2,000,000 VND to 5,000,000 VND, if the violation concerns 11 - 50 workers.

c) A fine from 5,000,000 VND to 10,000,000 VND, if the violation concerns 51 - 100 workers.

d) A fine from 10,000,000 VND to 15,000,000 VND, if the violation concerns 101 - 300 workers.

dd) A fine from 15,000,000 VND to 20,000,000 VND, if the violation concerns 301 workers or more.

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