Uni 26-10-2015 - Guidance on administration violation penalty for labor, social insurance fields

Government just issued Decree 88/2015/NĐ-CP revising, adding some articles of Decree 95/2013/NĐ-CP regulating administration violation penalty in labor, social insurance, bringing Vietnamese employees to work abroad under contracts. This Decree takes effects from 25 Nov 2015.

Some administration violation penalty levels are regulated as follows:

• Employees do not sign labor contracts in wring for work with duration of more 3 months or labor contracts without full contents will be penalty from 1.000.000 VND to 20.000.000 VND.
• Employers keeping original copies of personal papers, certificates, diplomates of employees will be penalty from 20.000.000 VND to 25.000.000 VND.
• Employers requiring employees to be on probation over the regulated time or pay salary during probation time less than 85% of salary of that work will be penalty from 2.000.000 VND to 5.000.000 VND.
• Employers revising labor duration more one time with contracts appendices or revising contract duration with contracts appendices to change kind of the signed labor contracts will be penalty from 1.000.000 VND to 20.000.000 VND.
• Employers do not make payrolls, labor levels will be penalty from 2.000.000 VND to 5.000.000 VND. Employers do not send payrolls, labor levels to authorities in charge will be penalty from 500.000 VND to  1.000.000 VND.
• Employers do not pay additions corresponding to social insurance, health insurance, unemployment  and annual leaves to employees not being the insurance participants will be penalty from 3.000.000 VND to 20.000.000 VND.
• Oversea employees working in Vietnam without work permit will be deported, employers hire foreign employees working in Vietnam without work permit will be penalty from 30.000.000 VND to 75.000.000 VND.
• Employers do not notify labor usage situation for foreign employees to authorities in charge will be penalty from 1.000.000 VND to 2.000.000 VND .