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The Decree 116/2004/nd-Cp On Administrative Sanctions: Rules About Violations Of Labor Laws

Original Language Title: Nghị định 113/2004/NĐ-CP: Quy định xử phạt hành chính về hành vi vi phạm pháp luật lao động

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The DECREE stipulates administrative punishments on violations of labor law _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
The labor code base on 23 June 1994; Law on amendments and supplements to some articles of the labor code on 02 April 2002;
Basing the Ordinance on administrative violations processing 2 July 2002;
According to the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: chapter I GENERAL PROVISIONS article 1. The object and scope of application 1. This Decree regulates the administrative sanctions against the Organization, Vietnam had individual violations of the labour law which are not offences and under the provisions of the law are sanctioned administrative offense, occur within the territory, exclusive economic zone, the continental shelf of Vietnam.
2. Individuals, foreign organizations violated labor law in the administrative territory, exclusive economic zone and the continental shelf of the Republic of Vietnam Socialist also sanctioned the administration under the provisions of this Decree, except in the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise.
3. Labour law is regulated in this Decree includes provisions in The labor law was modified, added and the text instructions detailing the implementation of The labor law was amended and supplemented.
Article 2. The principle of sanction violation of labour law 1. The sanctioning of administrative violations about violations of labor laws by the competent person specified in Articles 26, 27 and 28 of this decree made.
Personally, the organization sanctioned administrative offense of violation of labour law when there are violations of the provisions of chapter II of this Decree.
2. The sanctioning of administrative violations violations of the labour law must be conducted justly, promptly, thoroughly. When discovered the violation must have decided to suspend immediately the violation; any consequences due to administrative violations must be fixed under the provisions of the law.
3. An administrative violation only sanctioned once. A man who made many violations of the sanctioned about each violation. Many people make a violation then each violation are sanctioned.
4. The handling of administrative violations must be based on the nature and extent of the violation, violators of identity and the extenuating circumstances, aggravation are specified in article 3 and article 4 of this Decree to decide the form and appropriate disposal measures.
5. Not sanctioning administrative violations in the case in a situation of legitimate defence, urgent, unexpected events or administrative violations while mental disease or other diseases do lose cognitive ability or the ability to control his behavior.
Article 3. The extenuating circumstances 1. The offense has to prevent, alleviate the harmful effects of the breach or voluntary remedial, compensation for damage.
2. The administrative violations were voluntarily declare, honest remorse.
3. Violators are pregnant women, minors, the elderly, people who are sick or infirm do limit the ability of awareness or the ability to control his behavior.
4. violations due to the particularly difficult circumstances that do not themselves cause the difficult circumstances.
5. violations due to the level of backwardness.
Article 4. The heavy 1. The organized breach.
2. Repeat infringers or re-offending in the same field.
3. Solicitation to entice a minor infringement, forcing people were dependent on the material, violation of spirit.
4. apply infringement due to the use of wine, beer or other stimulants.
5. Taking advantage of position and powers to violate.
6. Taking advantage of the circumstances of the war, the plight of disaster or other special difficulties of society to the violation.
7. violations in time are penalty of criminal judgment or executive decisions are handling administrative violations.
8. Continue to implement administrative violations although the authority had requested the termination of the Act.
9. After the breach was behaving evade, conceal violations.
Article 5. The sanctions 1. For each administrative violations of labor law, organization, individual violation must bear one of the following sanctions: a) caution;
b) fine.
When applying shape, level specific fines for a violation is the average of the frame of the fines corresponding to the behaviors that are specified in this Decree; If the violation has extenuating circumstances, the level of fines may be lower but not below the lowest level of fine frame has been specified; If there are violations, the level of aggravation of penalties may be greater but does not exceed the highest level of fine frame has been specified.
2. Depending on the nature and extent of the violation, the Organization, the individual administrative violations of labor law also can be applied to additional sanctions is deprived of the right to use the license, certificate of practice.
3. In addition to the fines, the additional sanction prescribed in clause 1 and clause 2 of this individual, organization, administrative violations of labor law also can be applied to one or more remedial measures: a) forced the reimbursement of damages due to administrative violations perpetrated , including the damage of the machine, equipment and assets of the business in accordance with the law;
b) Forced to comply with the provisions of the law: loss of job redundancy funds; follow employer approach; labor contracts; post a labor agreement; the principles of building ladders of salary, payroll, labor norms, regulations of rewards; about labor regulations; about the mode for a particular labour, labour is alien, ensuring the Union's operating conditions, the measures on the management of labour; ensuring of safety of labor unions, the labor-management measures; guarantee of safety and hygiene labour;
c) return of security deposit and interest rate savings for workers;
d) organizing workers in foreign countries;
DD) Forced access to the social insurance number of the filing;
e) recommendations to competent bodies blocked the account, submit social insurance or withdraw the operating licence;
g) Forced to fix, fix for the air, the device does not guarantee the standards of occupational safety and hygiene labour;
h) forced the test and the registration, equipment, materials, substances that require strict labor safety and hygiene labour;
I) other measures prescribed by the law.
Article 6. Time handling administrative violations 1. Time sanctioning administrative violations with regard to the administrative violations of labour law with the provisions of this Decree is one year from the date of having administrative violations; If the above mentioned time limit, then no sanctions but still apply remedial measures specified in paragraph 3 of article 5 of this Decree.
2. Within the time limit specified in paragraph 1 of this article that the individual, the Organization has new administrative violations in the field of labour had previously violated or deliberately evade, delay the sanctions do not apply the aforesaid time limits; time sanctioning administrative violations were counted back from the time of implementation of new administrative violation or termination acts evade, delay the sanctions.

3. for individuals be prosecuted, indicted or have decided to take the case to trial under criminal proceedings that have decided to suspend the investigation or to suspend the case then sanctioned administratively if violation signs administrative violations, time sanction is three (3) months from the date of the decision to suspend the investigation or to suspend the case.
Article 7. The time limit is considered to have not yet dealt with the administrative time limit violations are considered not yet sanctioned administrative violations of labor law is one year from the date of decision done executive sanction or from most time limits enforced sanctions decision without re-offending.
Chapter II ADMINISTRATIVE VIOLATIONS OF LABOR LAWS, FORMS and EXTENT of PUNISHMENT 1. VIOLATION of the REGULATIONS on LABOUR RELATIONS article 8. Violation of rules of employment 1. A fine from 1.000.000 VND to 2 million VND for employers who have one of the following behaviors: a) not published a list of workers retrenchment under the provisions of labour law;
b) No Exchange with the Executive Committee of the Union base or caretaker when employees quit;
c) do not report to the provincial labour authority before retrenchment workers;
d) in violation of the rules of procedure to recruit workers to Vietnam to work in enterprises, agencies and organisations.
2. A fine organization, individuals with one of the following violations: regulations on job loss allowance for employees; employment costs for workers is higher than the prescribed level; the referral fee do not have receipts, according to the following levels: a VND 1 million to 2 million) from the Council, when in violation with from 1 to 10 employees;
2 million to 5 million dong) from b, when the violation with from 11 to 50 employees;
c) From 5 million to 10 million dong VND, when in violation with 51 to 100 people from the workers;
d) From 10 million to 15 million dong VND, when in violation with 101 to 500 people from the workers;
15 million dong to 20 million Words), when in violation with from 500 employees or more.
3. A fine of from 5 million to 10 million contract for one of the following behaviors: a) business does not reserve funds on subsidies job loss as defined in paragraph 3 article 17 of the Labour Act was amended and supplemented;
b) employment Center, job introduction business without license activity of the competent authority; improper activity specified in the licence.
4. A fine of 15 million dong to 20 million VND for organizations, individuals with one of the following behaviors: a) seduce, promises and deceptive advertising to cheat workers specified in article 19 of the Labour Code was amended and supplemented;
b) use the service to make the unlawful acts specified in article 19 of the Labour Code has been amended and supplemented.
5. additional sanctions against the Organization, the individual administrative violations specified in clause 4 of this Article are as follows: a) stripped active license use right has a time limit, if the first offense, be deprived of the right to use the license to operate without time limit, if the second infringement for the enterprises specializing on introduction of employment;
b) decision-making bodies Be established operations has a time limit, if the first infringement, to suspend operations without time limit, if the second infringement for the job referral center.
6. remedial measures: a) were forced to reimburse the damages for the workers violated the provisions in clause 2 and clause 4 of this Article.
b) reserve funds on subsidies for loss of job violates the provisions of art. 3 of this article.
Article 9. Violation of the regulations on vocational school 1. Caution or a fine of from 500,000 Dong to 1.000.000 VND for the Organization, the individual is a violation of the rules of the establishment; registration of activity; divided; split; merger; active suspension and dissolution of vocational basis.
2. A fine organization, individuals have one violation to: pay for apprentices, the improper trades specified in paragraph 2 to article 23 of The Labour Act was amended and supplemented; tuition fees for the vocational subject not fall; tuition fees of higher level apprenticeships regulated by law, according to the following levels: a VND VND 2 million to 1.000.000 Words), when in violation with from 1 to 10 employees;
2 million to 5 million dong) from b, when the violation with from 11 to 50 employees;
5 million to 10 million dong) from c, when in violation with from 51 people to 100 employees;
d) From 10 million to 15 million dong VND, when in violation with 101 to 500 people from the workers;
15 million dong to 20 million Words), when in violation with from 500 employees or more.
3. A fine of 15 million dong to 20 million VND for the Organization, individuals are one of the nominal advantage behavior of vocational, trades to benefit the axis; sweatshop labor or seduction, force the apprentices, the trades on the unlawful activities the provisions of article 25 of the Labour Code has been amended and supplemented.
4. additional sanctions: the Organization of administrative violations stipulates in paragraph 3 of this article may be deprived of the right to use the term vocational license, if the first offense, be deprived of the right to use the vocational license without time limit, if the second violation.
5. remedial measures: being reimbursed for damages when the workers violated the provisions in clause 2 and clause 3 of this article.
Article 10. Violation of the regulations on labor contracts.
1. Caution or a fine from 100,000 to 500,000 Dong Dong for employers who have one of the following behaviors: a) Not assigned a labor contract for workers after signing;
b) violating the regulations on hiring the provisions of article 139 of the Labour Code has been amended and supplemented.
2. Fines for employers who have one of the following violations: labor contracts are not the correct type as defined in article 27 of the Labour Code was amended and supplemented; the labor contract is not signed by one of the two sides, according to the following levels: a VND 500,000) from to 1.000.000 VND, when in violation with from 1 to 10 employees;
b 1.000.000 VND to 3 million) from the Council, when in violation with from 11 to 50 employees;
3 million to 5 million dong) from c, when in violation with from 51 people to 100 employees;
5 million to 7 million dong) from d, when the offense with 101 to 500 people from the workers;
7 million to 10 million VND) from Dong Dong, when in violation with 500 workers over and over.
3. Fines for employers who have one of the following violations: applying time trial with employees longer than the time specified in article 32 of the Labour Law was amended and supplemented, and the regulations guiding the implementation; violation of the regulations on temporary labor transfer time to other work; about the salary for workers in the interim period transferring workers to do other work specified in article 34 of the Labour Code was amended and supplemented; violation of the regulations on retrenchment mode specified in clause 1 Article 42 of the Labour Code was amended, supplemented, according to the following levels: a VND VND 2 million to 1.000.000 Words), when in violation with from 1 to 10 employees;
2 million to 5 million dong) from b, when the violation with from 11 to 50 employees;
5 million to 10 million dong) from c, when in violation with from 51 people to 100 employees;

d) From 10 million to 15 million dong VND, when in violation with 101 to 500 people from the workers;
15 million dong to 20 million Words), when in violation with from 500 employees or more.
4. A fine of 15 million to 20 million VND for employers who have one of the following behaviors: a) persecution, forced labor under the provisions of labour law;
b) catch the workers deposit does not comply with the provisions of the law;
c) next employers Who do not use workers under employer plans provided for in article 31 of the Labour Code was amended and supplemented;
5. In addition to the sanctions provided for in this Article, the breach was applied one of the following remedial measures: a) handed back a labor contract for workers in accordance with the provisions of the law for violating the provisions in clause 1 of this article;
b) proceed with contracts for the right kind of under the provisions of the law; the absence of the signature of one of the two parties they must complement the signature accordingly for violating the provisions in paragraph 2 of this Article;
c) return of security deposit for employees and saving deposit interest rate by the State Bank announced at the time charged for violation of the provisions of point b of this clause 4;
d) make use of labour under employer plans has been approved for the offense specified in point c of paragraph 4 of this Article;
DD) reimbursement of the damage to the workers violated the provisions in clause 3 and clause 4 of this Article.
Article 11. Violation of the provisions on collective labor agreements 1. A fine from 1.000.000 VND to 3 million contract for the employer acts not registered in the collective labor agreement with the State administration of provincial labour as prescribed in paragraph 1Điều of the 47 d Labour Law has been amended and supplemented;
2. A fine of from 5 million to 8 million dong VND for employers who have one of the following behaviors: a) refused to negotiate signing or amending, supplementing the labor collective agreement upon receipt of request the request to negotiate under the provisions of paragraph 1 to article 46 of the Labour Code has been modified Supplement;
b) make the content of collective labour agreements have been declared invalid.
3. the remedial measures: a) conducting sign collective labor agreements with the State administration of provincial labour law regulations with regard to violation of the provisions in paragraph 1 of this article;
b) Must proceed to negotiate signing or amending, supplementing the labor collective agreement at the request of negotiation for violating the provisions of art. 2 of this Thing.
Article 12. Violation of the regulations on wages, bonus 1. Caution or a fine from 100,000 to 500,000 Dong Dong for those employers have one of the following behaviors: a) Don't make the salary scale construction principles, payroll, labor norms prescribed by law;
b) deduct the salary of workers without discussion with the Executive Committee of the trade union premises, the provisional Trade Union Committee (if any).
2. A fine from 1.000.000 VND to 5 million VND for employers who have one of the following behaviors: a) Not paid directly, in full, on time, at the place of work; deferred but not compensated according to the provisions of article 59 of the Labour Code was amended and supplemented;
b) Not Register payroll wage scale with State administration of labour; does not publicize salaries scale, payroll, labor norms, regulations of rewards in the business.
3. A fine the employers have one violation: deducting wages of workers but not for workers to know the reason; deducted monthly wages of workers is higher than the level specified in paragraph 1 to article 60 of the Labour Code was amended and supplemented; not paid enough wages for workers in the case to stop the fault of the employer; pay for workers is lower than the minimum wage in the case of stop the not the fault of workers and stop the spill electricity, water or unforeseen causes specified in article 62 of the Labour Act was amended and supplemented; do not pay salaries and allowances for workers in the time specified is temporarily only work under the provisions of article 92 of the Labour Act was amended, supplemented, according to the following levels: a VND 500,000) from to 1.000.000 VND, when in violation with from 1 to 10 employees;
b 1.000.000 VND to 3 million) from the Council, when in violation with from 11 to 50 employees;
3 million to 5 million dong) from c, when in violation with from 51 people to 100 employees;
5 million to 7 million dong) from d, when the offense with 101 to 500 people from the workers;
7 million to 10 million VND) from Dong Dong, when in violation with from 500 employees or more.
4. Fines the employers have one violation: pay for workers is lower than the minimum wage; charged by the minimum wage for professional workers trained technical provisions in Articles 55 and 56 of the labor code was amended and supplemented; don't pay or pay is not correct, not complete for employees working overtime, working at night under the provisions of labour law; sanctions in the form of wage workers Cup, according to the following levels: a VND VND 2 million to 1.000.000 Words), when in violation with from 1 to 10 employees;
2 million to 5 million dong) from b, when the violation with from 11 to 50 employees;
5 million to 10 million dong) from c, when in violation with from 51 people to 100 employees;
d) From 10 million to 15 million dong VND, when in violation with 101 to 500 people from the workers;
15 million dong to 20 million Words), when in violation with from 500 employees or more.
5. A fine of from 5 million to 10 million dong VND for the employers not to build the ladders of salary, payroll, labor norms, regulation and the regulation of bonus pay in the business.
6. remedial measures: a) forced the reimbursement of the damages for the workers violated the provisions in clause 3 and clause 4 of this Article;
b) proceed to sign a wage scale, payroll with State administration of labour; to publicize a wage scale, payroll, labor norms, regulations for businesses in violation of point b paragraph 2 of this Article;
c) conducting salary scale construction, payroll, labor norms, regulations of rewards in the business under the provisions of the law for breach of clause 5 of this Article.
Article 13. Violation of the provisions of the working hours, the hours of rest 1. Fines for employers who have one violation: rules on working time according to the criteria specified in article 68, 115, 122, 123 and 125 of the Labour Code was amended and supplemented; rules on vacation time between ca and between two work shifts or violation of the rules on the weekly rest prescribed in article 71 and article 72 of the Labour Code was amended and supplemented; the provisions of article 73 holiday about of the labor code was amended and supplemented; Regulation on annual vacation provisions in articles 74, 75 and 76 of the Labour Act was amended and supplemented; regulations on rest of the provisions of article 78 of the Labour Code was amended, supplemented, according to the following levels:

a bronze to 1.000.000 VND 2 million Words), when in violation with from 1 to 10 employees;
2 million to 5 million dong) from b, when the violation with from 11 to 50 employees;
5 million to 10 million dong) from c, when in violation with from 51 people to 100 employees;
d) From 10 million to 15 million dong VND, when in violation with 101 to 500 people from the workers;
15 million dong to 20 million Words), when in violation with from 500 employees or more.
2. Fines for employers who have workers use overtime too time stipulated in article 69 of the Labour Code was amended, supplemented, according to the following levels: a VND 5 million to 7 million) from the Council, when in violation with from 1 to 50 employees;
7 million to 10 million dong) from b, when the violation with from 50 to 100 employees;
c) From 10 million to 15 million dong VND, when in violation with from 100 people to 500 employees;
d) From 15 million dong to 20 million VND, when in violation with from 500 employees or more.
3. the remedial measures: a) To arrange for time off for workers compensation for violation in paragraph 1 of this article;
b) must pay overtime wages as prescribed by the law for the excess time or work in time (which is not substituted) for violating the in clause 1 of this article;
c) reimburse the damages for workers when the violation of the provisions of this Article.
Article 14. Violation of the regulation on labour discipline and physical responsibility 1. A fine from 500,000 Dong to 1.000.000 VND for the employers do not have to consult the Executive Committee of the Union base, provisional Union Committee (if any) when building the labor rules stipulated in paragraph 2 to article 82 of the Labour Code has been modified and supplements.
2. A fine from 1.000.000 VND to 5 million VND for employers who have one of the following behaviors: a) not registered labor regulations with the State administration of provincial labour as defined in paragraph 3 to article 82 of the Labour Code has been modified Supplement;
b) content of labor regulations violated the provisions in clause 1 Article 83 of the Labour Code was amended and supplemented; no public announcement, not listing labor regulations in places where needed in the enterprise as defined in clause 2 Article 83 of the Labour Code was amended and supplemented;
c) violating the time limit for the suspension of work for laborers as defined in clause 2 Article 92 of the Labour Code has been amended and supplemented.
3. A fine of from 5 million to 10 million dong VND for employers who have one of the following behaviors: a) not build labor regulations as defined in paragraph 1 to article 82 of the Labour Code was amended and supplemented;
b) infringe regulations on disciplinary procedures prescribed in article 87 of the Labour Code was amended and supplemented; processing the compensation prescribed in article 91 of the Labour Code was amended and supplemented;
c) Forced Laborers compensation matter contrary to the provisions of article 89 and 90 of the Labour Code was amended and supplemented;
d) does not resolve the rights for damages arising under the provisions of labour law when the competent body concludes is wrong discipline.
4. remedial measures: a) forced the reimbursement of the damages for workers when violating the provisions in point c of paragraph 2, point d of paragraph 3 and to reimburse the compensation exceeds the specified in point c of paragraph 3 of this article;
b) proceed to the registration rules in the provincial labour authority as prescribed by law for the offense specified in point a of paragraph 2 of this Article;
c) conducted publicly and listed labor regulations in the enterprise for violation of specified in point b of paragraph 2 of this Article;
d) built the labor regulations in accordance with the provisions of the law for violating the rules online access point a paragraph 3 of this article.
Article 15. Violation of the regulations on special labour 1. A fine from 1.000.000 VND to 5 million VND for organizations, individuals with one of the following behaviors: a) no room change clothes, bathroom and toilet for women stipulated in paragraph 1 to article 116 of the labor code was amended and supplemented;
b) did not consult representatives of women workers when deciding the issues related to the rights and interests of women and children as defined in paragraph 1 to article 118 of the Labour Code was amended and supplemented;
c) employers from the 7th month pregnancy or nursing children under 12 months of age to do overtime; working at night; travel away from the provisions of paragraph 1 to article 115 of the Labour Code have been modified, added and not turn lighter work or reduce an hour for female workers doing heavy work prescribed in clause 2 Article 115 of the Labour Code has been modified Supplement;
d) Not for female laborers rest 30 minutes each day during menstruation or spend 60 minutes a day in time raising children under the age of 12 months specified in paragraph 3 to article 115 of the Labour Code was amended and supplemented;
DD) acts discriminating against women, insult of honour and dignity of female labor as defined in clause 1 Article 111 of the Labour Code was amended and supplemented;
e) female employers, labor is the elderly, the disabled into the slog, danger or exposure to toxic substances specified in article 113, paragraph 3 Article 124 and clause 3 of 127 Things The labor law was modified, added and the text guiding the implementation;
g) is not set up as; periodic health examination; labor abuse of juvenile workers specified in article 119 of the Labour Code was amended and supplemented;
h) juvenile employers and disabled people work too seven hours a day or 42 hours a week stipulated in item 1 Article 122 and paragraph 4 to article 125 of the Labour Code was amended and supplemented;
I) using handicapped workers has decreased the ability of labor from 51% or more overtime, night work prescribed in clause 2 Article 127 of the Labour Code has been amended and supplemented.
2. A fine of from 5 million to 10 million dong VND for employers who have one of the following behaviors: a) dismiss or unilaterally terminate labour contracts with women workers by reason of marriage; pregnant; maternity leave; raising children under 12 months of age regulations clause 3 Article 111 of the Labour Code was amended and supplemented;
b) juvenile employers do the slog, danger or exposure to toxic substances or work; the job impact personality of juvenile workers by category by the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued are the provisions of article 121 of the Labour Code was amended and supplemented;
c) do not accept employees with disabilities into work or not remitted to the employment fund to create jobs for the disabled for a number of occupations and jobs that business must accept the provisions in paragraph 3 Article 125 of the Labour Code have been modified, added and the text to guide implementation.
Article 16. Violation of the regulations on labor are foreigners working in Vietnam 1. 5 million to 10 million dong fine bronze for one of the following violations: a) alien acts of beating, insulting the honor, dignity for workers without prejudice to criminal liability in accordance with the law;
b) employers Who use the foreign workers without work permits.

2. A fine of 15 million dong to 20 million VND for the employers have recruited behavior of foreign workers is too regulated rate; There is no training plan Vietnam workers replace foreign workers under the provisions of paragraph 1 to article 132 of the Labour Law has been amended and supplemented;
3. Sanction by the form of expulsion for foreign workers when the violation of one of the following behaviors: a) foreigners working in Vietnam from November upwards enough to not have work permits or using work permits expired the time limit specified in paragraph 1 to article 133 of the Labour Code has been modified Supplement;
b) violation to the second argument with the behavior defined in art. 1 of this article;
The expulsion must be properly authorized and conducted according to the procedure prescribed by law.
4. remedial measures: employers must use work is alien to due proportion; build training plans Vietnam people replace the foreign workers for the acts specified in paragraph 2 of this Article;
Article 17. Violating the rules of sending laborers to work abroad 1. Caution or a fine from 200,000 to 500,000 Dong Dong for business has one of the following behaviors: a) do not report or not report the full content of the units assigned to the export of labour;
b) not registered Labor export contract; incomplete registration number labour under a contract or sign Labor export contracts after sending laborers to work abroad;
c) does not make provisions regarding the election of officers representing the overseas labor management;
d) does not perform sufficient and timely periodic reporting mode or sudden regulatory reporting;
DD) not carry liquidated contracts with employees.
2. A fine of from 5 million to 10 million dong VND for business have one violation of one of the provisions in points c, e and h clause 2 Article 135 of the Labour Law has been amended and supplemented.
3. A fine of 10 million to 15 million contract for business has one of the following behaviors: a) in violation of the provisions in points a, d, e, g and i, item 2 Article 135 of the Labour Code was amended and supplemented;
b) manage the deposit currency of workers not properly regulated.
4. A fine organization, individuals from 15 million dong to 20 million contract for one of the following behaviors: a) are not allowed by the competent authority which conducts a selection, the organizing of workers going to work abroad;
b) nominal advantage of Labor export to the recruitment, training institutions, education oriented to nefarious words;
c) sending laborers to work abroad, jobs and professions in the list area.
5. additional sanctions: apply as specified in points a, b and article 11 paragraph 1 clause 2 Article 35 of Decree No. 81/2003/ND-CP on 17 July 2003 of the Government detailing and guiding the implementation of The labor law of Vietnam laborers working abroad 6. Remedial measures: a) the Organization, individuals violating the point a and point c paragraph 4 this is takes the labor organization on water according to the requirements of the country or the competent authorities of Vietnam;
b) businesses, organizations, individuals claim the damages and expenses caused to the employee due to the breach of clause 2, 3 and 4 of this Article.
Article 18. Violation of the regulations on social insurance 1. Fines for employers who have social insurance acts but not full for workers, according to the following levels: a VND 500,000) from to 1.000.000 VND, when in violation with from 1 to 10 employees;
b 1.000.000 VND to 3 million) from the Council, when in violation with from 11 to 50 employees;
3 million to 5 million dong) from c, when in violation with from 51 people to 100 employees;
5 million to 10 million dong) from d, when the offense with 101 to 500 people from the workers;
DD) From 10 million to 15 million dong VND, when in violation with from 500 employees or more.
2. Fines for employers have closed not behavior, social security does not pay social insurance on salaries for workers not subject to compulsory insurance, according to the following levels: a VND 3 million to 5 million) from the Council, when in violation with from 1 to 10 employees;
5 million to 7 million dong) from b, when the violation with from 11 to 50 employees;
7 million to 10 million dong) from c, when in violation with from 51 people to 100 employees;
d) From 10 million to 15 million dong VND, when in violation with 101 to 500 people from the workers;
15 million dong to 20 million Words), when in violation with from 500 employees or more;
3. A fine of from 500,000 Dong to 1.000.000 VND for people behaving the wrong certificate for sick workers, labor accidents, treatment of occupational diseases.
4. A fine of 2 million to 5 million dong VND for one of the following behaviors: a) the employee fraud, falsified records to enjoy social insurance regimes;
b) Who use labor, social insurance agencies or individuals deliberately cause difficulties or impede the enjoyment of social security mode for the rights.
5. A fine of from 5 million to 10 million dong VND for one of the following behaviors: a) the certification examination or false disability ratings for those who suffer accidents, occupational disease;
b) Who use social insurance labor slows down from 30 days or more since the time limit must play according to the rules of law.
6. additional sanctions: recommendations to the competent authority to withdraw the license for the activity violated the provisions in clause 1 and clause 2 of this Thing to the third.
7. remedial measures: a) the Visit filed the amount prescribed social insurance and the reimbursement of the damages caused to the employee for violating clause 1 and clause 2 of this Thing;
b) reimbursing the mode has entitled to social insurance agency for violation of art. 4 of this Article;
c) recommendations with the competent person specified in clause 2 of this Decree 26 blocked the account until the employer filed enough social insurance within the time limit must not exceed 30 days for violating the in clause 1 and clause 2 of this Thing. On expiry, the employer did not submit enough Social Insurance Authority stated on the request of the bank where the account opening employers, citations, social security debts on account of the social insurance agency.
Article 19. Violation of the regulations on labor disputes and strikes 1. Caution or a fine from 200,000 to 500,000 VND VND for each worker has the following behavior: a) to join the strike after the Government's decision about the postpone or stop strikes specified in article 175, or join the strike specified in point a and point b paragraph 1 to article 176 of the Labour Code has been modified Supplement;
b) acts damaging the machine, equipment, property or business there is infringement, public safety and order during the strike.
2. A fine of 10 million to 15 million dong VND for the acts impedes the realization of the right to strike or to force or provoke others to strike the provisions in paragraph 2 to article 178 of the Labour Code has been amended and supplemented.

3. A fine of 15 million dong to 20 million VND for people behaving retaliation, revenge the strike, strike leaders stipulated in paragraph 1 to article 178 of the Labour Code has been amended and supplemented.
4. remedial measures: tying the compensation of material damage while damaging the machine, equipment, property for violations specified in point b of paragraph 1 of this article.
Article 20. Violation of the regulations on organization of trade union activities 1. A fine from 1.000.000 VND to 3 million contract to the employer of one of the following behaviors: a) does not guarantee the necessary means for the Union; not arranged time for people to do the work of trade union activities as defined in paragraph 2 Article 154 and paragraphs 1, 2 and 3 Article 133 of the Labour Code was amended and supplemented;
b) discrimination for reasons of established workers, joining, Union activity; use economic measures or other tricks to intervene in the Organization and operation of the Union as defined in paragraph 3 to article 154 of the Labour Code was amended and supplemented;
c) dismissal, unilateral termination of labor contract for the Union Executive Board Member basis without the agreement of the Executive Board of the Union base or with the Chairman of the Executive Committee of the trade union premises without the agreement of the trade union organizations level on the provisions in paragraph 4 to article 155 of the Labour Code has been modified and supplements.
2. A fine of from 5 million to 10 million dong VND for the employer acts impedes the establishment of trade union organizations at the enterprise or hinder the operation of trade union organizations.
3. the remedial measures: a) To ensure the necessary working conditions for trade union organizations, arranged time for people to do the work of the Union for violating the provisions of art. 1 of this article;
b) get employees back to work for the offense specified in point c of paragraph 1 of this article.
Article 21. Breach of other rules 1. A fine from 500,000 Dong to 1.000.000 VND for employers who have one of the following behaviors: a) Not declare the use of labour; not report the situation to change employment; do not report the employer termination in case of termination of business activities the provisions of article 182 of the Labour Code was amended and supplemented;
b) Not set labor book; do not set the shared wages; do not set the shared social insurance provisions of article 182 of the Labour Code was amended and supplemented;
c) does not pay labor book, shared social insurance for workers.
2. A fine of from 5 million to 10 million contract for the fellow who acts offend the honor, the dignity of workers.
3. the remedial measures: a) proceed to declare the use of labour; report the situation to change employment; report employer termination in case of termination of business activities for violation of at point a clause 1 of this article;
b) Established the labour book, the shared wages, social insurance book for violation of at point b paragraph 1 of this article;
c) Charged labor book, shared social insurance for workers for violation of at point c paragraph 1 of this article.
Section 2 VIOLATION of the REGULATIONS on LABOR SAFETY, LABOR HYGIENE Article 22. Violation of the regulations on safety equipment, labor, labor hygiene for workers 1. Caution or a fine from 100,000 to 500,000 Dong Dong for workers have one of the following behaviors: a) do not comply with the regulations on labor safety, labor hygiene prescribed in clause 1 Article 95 of the Labour Code was amended and supplemented;
b) do not use the equipment for personal protection means that the employer has equipped.
2. A fine from 1.000.000 VND to 5 million VND for the employers not fully equipped personal protection for workers provided for in paragraph 1 to article 95 of the Labour Code has been amended and supplemented.
3. A fine of from 5 million to 10 million dong VND for employers who have one of the following behaviors: a) does not have the means of shielding the easy parts of the hazard, equipment; There is no index of occupational safety in the workplace, where the most recent machines, equipments, where there are dangerous elements, toxic under the provisions of article 98 of the Labour Code was amended and supplemented;
b) Not fully equipped technical facilities, health and labor protection equipment appropriate to ensure a timely response in the event of incidents, accidents in the workplace has hazardous factors, toxic easily cause accidents as defined in Article 100 of the Labour Code has been modified Supplement;
c) does not provide a full range of equipment, personal protection means for the people who do the job are toxic, dangerous elements specified in article 101 of the Labour Law has been amended and supplemented.
4. remedial measures: forcing the employers are equipped with technical means, health, personal protection as specified for workers when the violation of the provisions in paragraph 2 and paragraph 3 of this article.
Article 23. Violation of the regulations on health safety guarantees for workers 1. Fines for employers who have one of these acts: do not perform the fostering mode of artifacts for the people doing the job are toxic, dangerous elements specified in article 104 of the Labour Code was amended and supplemented; no treatment or periodic health examinations and set up separate health records for workers suffering from occupational diseases, according to the following levels: a VND 500,000) from to 1.000.000 VND, when in violation with from 1 to 10 employees;
b 1.000.000 VND to 3 million) from the Council, when in violation with from 11 to 50 employees;
3 million to 5 million dong) from c, when in violation with from 51 people to 100 employees;
5 million to 7 million dong) from d, when the offense with 101 to 500 people from the workers;
7 million to 10 million VND) from Dong Dong, when in violation with from 500 employees or more.
2. A fine of from 5 million to 10 million contract with the employer in violation of the following behaviors: a) Not held coaching, guiding, informing employees about the rules, work safety measures, the possibility of accidents need precautions are specified in article 102 of the Labour Code has been modified Supplement;
b) Not held periodic health examinations, healthcare for workers specified in article 102, and Article 103 of the Labour Code was amended and supplemented;
c) do not make the rules on working time, rest time, detoxifying measures, personal hygiene, sterilization for workers doing the job has hazards, toxic elements specified in article 104 of the Labour Code has been amended and supplemented.
3. the remedial measures: a) To conduct training, instructions on safety measures, the possibility of workers ' compensation and health organizations, treatment, established health records for workers when the violation of the provisions of paragraph 1 and point a, point b paragraph 2 of this Article;
b reimbursement account) must be fostered for employees when the breach of paragraph 1 of this Article.
Article 24. Violation of the regulations on labor safety standards, labour hygiene 1. 5 million to 10 million dong fine copper for employers who have one of the following behaviors: a) non-recurring checks, appliance, machine, repair workshops, treasure as specified in paragraph 1 to article 98 of the Labour Code was amended and supplemented;

b) violating the rules, safety standards in the production, use, storage, store, storing, shipping for other types of machines, equipment, materials and substances that require strict on safety, hygiene and labour under the category due to the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued regulations in paragraph 2 to article 96 of the Labour Code has been modified and supplemented;
c) not registered for other types of machines, equipment, materials, substances that require strict labor safety, labor hygiene prescribed in clause 2 Article 96 of the Labour Code have been modified, added and the writing guide;
d) does not guarantee the standard of work specified in article 97 of the Labour Code has been amended and supplemented.
2. A fine of 15 million dong to 20 million VND for employers who have one of the following behaviors: a) no justification of measures to ensure safety when new build, renovate facilities to manufacture, use, storage, and storing the machine types , equipment, materials and substances have strict labor safety under the category due to the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued under the provisions of paragraph 1 to article 96 of the Labour Code was amended and supplemented;
b) do not perform testing for other types of machines, equipment, materials, substances that require strict nghặt of occupational safety, hygiene and labour regulations in paragraph 2 to article 96 of the Labour Code was amended and supplemented;
c) don't make the remedy or deactivated for the workplace, machine, equipment at risk of accidents, occupational diseases specified in paragraph 1 to article 99 of the Labour Code has been amended and supplemented.
3. the remedial measures: a) enforce measures to ensure occupational safety, hygiene and labour; implementation of the rules, safety standards when the violation of the provisions of point b, a d clause 1 and clause 2 of this point a;
b) Forced to fix, repair for the machine, the device does not guarantee safety standards by category by the Ministry of labor, invalids and Social Affairs;
c) forced to register with the authorities, equipment, substances that require strict labor safety, labor hygiene when violating the provisions in point c of paragraph 1 of this article.
Article 25. Violation of the regulations on labour accidents, occupational diseases 1. A fine from 1.000.000 VND to 5 million VND for employers who have one of the following behaviors: a) don't make the tackle regulations, job fit the worker's health suffered occupational diseases or industrial accident, according to the conclusions of the Board of medical examiners ruled in clause 1 Article 107 of the Labour Code has been modified Supplement;
b) non-payment of medical expenses from when first aid, emergency treatment until finished for the labor accident or occupational disease specified in paragraph 2 to article 107 of the Labour Code was amended and supplemented;
c) Don't make the subsidies, workers compensation when they suffer accidents, occupational disease in the case prescribed in clause 2 and clause 3 in Article 107 of the Labour Code has been amended and supplemented.
2. A fine of from 5 million to 10 million dong VND for the employers have no behavior declarations or false declarations the truth about workers ' compensation, occupational diseases; no periodic report statistics on accidents, occupational disease specified in article 108 of the Labour Code has been amended and supplemented.
3. the remedial measures: forcing the reimbursement of the damages for workers when the violation of the provisions of point b and point c of paragraph 1 of this article.
Chapter III jurisdiction, PROCEDURE of SANCTIONS, ENFORCEMENT of ADMINISTRATIVE SANCTION DECISIONS ABOUT VIOLATIONS OF LABOR LAW Article 26. The authority of the people's Committee of the level 1. Chairman of the district people's Committee, district, town, city in the province have the right to: a) caution;
b) a fine of up to 20 million VND;
c) apply additional sanctions measures stipulated in paragraph 2 to article 5 of this Decree.
d) apply remedial measures specified in point a, b, c, d, e, g and h of article 5 paragraph 3 of this Decree.
2. The Chairman of the provincial people's Committee, central cities have the right to: a) caution;
b) a fine of up to 20 million VND;
c) apply additional sanctions measures stipulated in paragraph 2 to article 5 of this Decree;
d) apply remedial measures specified in paragraph 3 of article 5 of this Decree.
Article 27. The authority sanction of State Labor Inspection 1. Labour inspectors are on duty have the right: a) caution;
b) a fine of up to 200,000;
c) confiscated exhibits, vehicles used on administrative violations worth up to 2 million.
d) apply remedial measures specified in point a, b, c, d, e, g and h of article 5 paragraph 3 of this Decree.
2. The Chief Inspector of the Labour Department level have the right to: a) caution;
b) a fine of up to 20 million VND;
c) apply additional sanctions measures as defined in paragraph 2 of article 5 of this Decree;
d) apply remedial measures specified in point a, b, c, d, e, g and h of article 5 paragraph 3 of this Decree.
3. The Chief Inspector of the Ministry of labour has the right: a) caution;
b) a fine of up to 20 million VND;
c) apply additional sanctions measures as defined in paragraph 2 of article 5 of this Decree;
d) apply remedial measures specified in point a, b, c, d, e, g and h of article 5 paragraph 3 of this Decree.
Article 28. Jurisdiction to sanction in the area of occupational safety, hygiene and labour in the public safety sector, defense, science and technology, industry, transportation Manager who has the authority to inspect labor safety, labor hygiene in the areas provided for in paragraph 3 to article 191 of the Labour Law has been modified supplements, when conducting the inspection has the right to sanction administrative violations about violations of labor laws equivalent to the competent labour inspector sanctions stipulated in this Decree.
The inspection of occupational safety, hygiene and labour inspectors in the field: radiation, exploration, oil and gas extraction, the means of transport, railways, roads, waterways and other units of the armed forces due to that sector management agencies implemented with the collaboration of the State labour inspection.
Article 29. Principle of determining the jurisdiction of sanctioning administrative violations of labour law 1. For administrative violations of labor law that the jurisdiction of handling state management agencies, the sanction by the Agency accepting the first made under the provisions of this Decree.
2. The Authority sanction of those prescribed in article 26, article 27 and article 28 is the authority to apply for an administrative violation.
In the case of a fine, sanction authority is determined based on the maximum level of penalty framework prescribed for each specific violations.
3. In the case of a sanction people who perform many of the administrative violation, the sanction authority is determined according to the following rules: a) If form, the sanction is prescribed for individual acts are under the jurisdiction of the sanction, the sanction Authority still belongs to that person;
b) If form, the sanction is prescribed for one of the acts beyond jurisdiction of the sanction, then that person must transfer the violations to the competent sanctions;
c) If the acts under the authority sanction of many different agencies, then the right to sanction in the President of the people's Committee of the authority sanctioning the site violated.

Article 30. Mandate sanctioning administrative violations in the case the competent handling of administrative violations specified in article 26, article 27 and article 28 of this Decree are absent, the deputies authorised competent handling of administrative violations and must bear responsibility for their decision.
Article 31. Procedure for sanctioning of administrative violations and enforcement of the sanction decision procedure for sanctioning of administrative violations violations of the labor law and the enforcement of punishment decisions are made according to the provisions in articles from Article to article 54 68 chapter VI of the Ordinance on handling administrative violations on July 2, 2002.
Article 32. Publicly the situation violated the labor law and the results of processing the Chief Labour Inspector is responsible for publicly on the mass media about the situation violated labor law by enterprises and the processing of the violations of the provisions of the law.
Chapter IV REWARDED, complaints, accusations and COMPLAINTS, accusations the thing 33. The complaint, to denounce the decision sanctioning administrative violations and complaints, report 1. Personally, the organization sanctioned administrative offense or their legal representatives have the right to complain about the decision sanctioning administrative violations, decided to apply the preventive measures and ensure the handling of administrative violations.
2. Citizens have the right to denounce to competent State bodies on unlawful behavior when handling administrative violations about violations of labor laws.
3. jurisdiction, procedures, sequences, time limit complaints, accusations and complaints accusations made under the provisions of the law on complaints and denunciation.
Article 34. Merit 1. Individuals, organizations have achievements in the prevention and fight against administrative violations of labour law be rewarded according to the General provisions of the law on competition rewarded.
Prohibited use of proceeds from sanctioning administrative violations or from selling exhibits, seized vehicles to extract of reward.
2. Enterprises, individual employers to strictly implement the law on labor relations, ensuring the healthy development of labor are rewarded according to the General provisions of the law on competition rewarded.
Article 35. Handle violation 1. Authority sanctioning administrative violations regarding violations of labor law if there are acts of harassment, tolerate, cover, does not sanction or sanctions is not timely, not proper punishments beyond the jurisdiction rules depending on the nature and extent of the violation will be disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.
2. The person who dealt with administrative violations of labor law violation acts impedes, against people on duty, postpone, evade the Executive decided to sanction or other violations, depending on the nature and extent of the violation will be handled administratively or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Chapter V PROVISIONS Enacted 36. Effect 1. The Decree has effect after 15 days from the date The report.
2. This Decree replaces Decree No. 38/CP dated 25 June 1996 of the Government regulation of administrative punishment of violations of the labour law.
3. The provisions on sanctioning administrative violations the violations of labor laws contrary to this Decree are repealed.
Article 37. Responsible for guiding the implementation the Minister of labor, invalids and Social Affairs is responsible for guiding, inspecting the implementation of this Decree.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.