Administrative penalties

DECREE 28/2020/ND-CP

Article 19. Violations against regulations on reporting of labor safety and hygiene at work

1. Fines ranging from VND 500,000 to VND 1,000,000 shall be imposed upon employees failing to submit timely reports to responsible persons when detecting risks of leading to technical defects that are likely to threat labor safety, hygiene or result in occupational accidents or diseases.

2. Fines ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon any employer that fails to report or make inadequate, inaccurate and late reports on labor safety and hygiene according to the provisions of law.

3. Fines ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon employees failing to submit periodic statistical reports on occupational accidents or technical defects threatening labor safety, hygiene or resulting in occupational accidents or diseases according to the provisions of law.

Article 20. Violations against regulations on occupational safety and hygiene measures

1. Fines ranging from VND 500,000 to VND 1,000,000 shall be imposed upon any employer failing to make occupational and environmental hygiene dossiers with respect to harmful factors and occupational disease prevention and control according to the provisions of law.

2. Imposing fines ranging from VND 5,000,000 to VND 10,000,000 on employers that commit one of the following violations:

a) Failing to formulate, issue and implement plans, rules and regulations on occupational safety and sanitation at workplace, or formulating them without consulting with the grassroots trade union executive committees;

b) Failing to assign departments or persons to take charge of occupational safety and hygiene or healthcare tasks, or managing to assign persons to take charge of occupational safety and hygiene or healthcare tasks who do not meet all of the requirements prescribed by law;

c) Failing to run adequate first aid and emergency forces at workplace as legally prescribed;

d) Failing to train first aid and emergency forces at workplace as legally prescribed;

dd) Failing to make labor classification by compiling the list of arduous, hazardous or dangerous jobs or extremely arduous, hazardous or dangerous ones, based on which particular policies and regulations may be applied.

3. Fines ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on employers that commit one of the following violations:

a) Failing to carry out periodic inspection and maintenance of machinery, equipment, factories or other facilities in accordance with regulations currently in force;

b) Failing to provide staff and employees with equipment meeting occupational safety and hygiene standards at workplace in accordance with regulations in force;

c) Failing to develop and adopt emergency response and rescue plans at workplace;

d) Failing to develop plans to take measures to ensure occupational safety and hygiene at workplace for staff and employees when building, expanding or renovating construction structures and facilities used for production, use, maintenance and storage of machines, equipment, supplies or substances subject to strict occupational safety and hygiene requirements;

dd) Failing to investigate occupational accidents falling under their jurisdiction as prescribed by law; failing to declare or untruthfully declaring occupational accidents and technical incidents leading to any serious failure in occupational safety and hygiene;

e) Failing to ensure adequate shower rooms and toilets at workplace as prescribed by law;

g) Failing to equip technical and medical equipment to ensure rescue and first aid tasks to be performed on time in case of technical incidents resulting in any serious failure in occupational safety and hygiene, or occupational accidents.

Article 21. Violations against regulations on prevention and control of occupational accidents and diseases

1. Fines ranging from VND 500,000 to VND 1,000,000 shall be imposed on employees that commit one of the following violations:

a) Failing to use personal protective equipment that they have already been provided;

b) Failing to get involved in responding to emergencies, breakdowns or accidents at work upon receipt of orders from employers or competent regulatory authorities.

2. Any employers that do not provide regular health check-ups and medical examinations for occupational diseases for their employees, except in cases where they have made these services available to their employees, but these employees refuse to enjoy these services, shall be fined from VND 1,000,000 to VND 3,000,000 per each employee, but not exceeding VND 75,000,000.

3. Any employers that do not provide their employees with health check-ups before they are transferred to more arduous, hazardous and dangerous jobs, or when they are fully recovered and resume working after suffering from occupational accidents or diseases, except in cases where they have already obtained work incapacity assessment reports from Medical Examination Council, shall be fined from VND 5,000,000 to VND 10,000,000 per each employee, but not exceeding VND 75,000,000.

4. Any employers that commit the following acts of violation shall be fined from VND 10,000,000 to VND 15,000,000 per each employee, but not exceeding VND 75,000,000:

a) Failing to provide medical treatment, care and functional rehabilitation for employees suffering occupational diseases or accidents;

b) Failing to assign work suitable to health condition of employees suffering from occupational diseases or occupational accidents according to the conclusions of the Medical Examination Council.

5. Fines ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on employers that commit one of the following violations:

a) Failing to provide information on occupational accidents, occupational diseases, dangerous and harmful factors and occupational safety and hygiene measures at workplace for employees;

b) Failing to identify and assess hazardous and harmful factors at workplace.

6. Fines ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon any employers that do not plan, carry out and consolidate assessments of risks of occupational safety and hygiene that exist at production and business establishments posing high risks of occupational accidents or diseases.

7. Fines ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on any employer that commits one of the following violations:

a) Failing to promptly take remedial measures or stop operation of machines, equipment or entire workplace having potential risks of occupational accidents or diseases;

b) Failing to carry out decontamination and disinfection measures for their staff and employees working in areas affected by contaminant or infectant agents;

c) Failing to undertake emergency response and rescue when risks are detected or any labor accident or technical emergency situation occurs, leading to any failure occupational safety and hygiene at workplace beyond their control.

8. Any employer that commits one of the following violations shall be fined as follows: Failing to provide or insufficiently providing personal protective equipment, or providing such equipment that does not meet quality standards, conform to predetermined specifications or has not yet obtained certificates of compliance with applicable technical regulations or standards, for staff or employees assigned work containing dangerous and hazardous factors; failing to grant allowances or benefits in kind or granting them at the rates incompliant with statutory ones; paying money in lieu of allowances or benefits in kind to employees working in contact with hazardous or harmful factors, at one of the following rates:

a) A fine ranging from VND 3,000,000 to VND 6,000,000 to be imposed if the violation involves 01 – 10 employees;

b) A fine ranging from VND 6,000,000 to VND 10,000,000 to be imposed if the violation involves 11 – 50 employees;

c) A fine ranging from VND 10,000,000 to VND 15,000,000 to be imposed if the violation involves 51 – 100 employees;

d) A fine ranging from VND 15,000,000 to VND 20,000,000 to be imposed if the violation involves 101 – 300 employees;

dd) A fine ranging from VND 20,000,000 to VND 30,000,000 to be imposed if the violation involves 301 or more employees.

9. Fines ranging from VND 25,000,000 to VND 40,000,000 shall be imposed upon any employer that violates national technical regulations on occupational safety and hygiene (except for the violations specified in Clause 7 of this Article and clause 1 of Article 23 herein).

10. Fines ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon any employer that forces their employees to work or not to leave workplace when there is any risk of occupational accident likely to seriously endanger their health or life, or force them to keep working when such risk has not been controlled.

11. Relief and mitigative measures

Compelling offenders to make payment of allowances or benefits in kind to employees that are converted into money at the statutory rates applied to acts of failing to pay allowances or benefits in kind, or paying them at the rates not conforming to the statutory ones to employees working under hazardous and dangerous conditions under clause 8 of this Article.

Article 22. Violations against regulations on employer’s liabilities in case of occupational accidents or diseases

1. Any employers that commit the following acts of violation shall be fined from VND 1,000,000 to VND 3,000,000 per each employee, but not exceeding VND 75,000,000:

a) Failing to provide first aid or emergency care services to employees suffering accidents or diseases at work;

b) Failing to pay Compelling violating employers to pay co-payments and other expenses not on the list of expenses covered by health insurance to health insurance-protected employees suffering from occupational accidents and diseases.

Failing to make advance payment of all charges for first aid and medical emergency care services, and make full payment of all medical costs incurred from first aid, medical emergency care and medical treatment to stabilization of patient’s health condition, to health insurance-unprotected employees that suffer from occupational accidents and diseases;

d) Failing to pay costs of medical examination for assessment of the level of incapacity to work for cases in which it is concluded that the affected employee’s capacity to work is decreased by less than 5% after the employer recommends him/her to take medical examination for assessment of his/her capacity to work at the Medical Examination Council.

dd) Failing to pay or unduly paying benefits or compensations to employees who are suffering from occupational accidents or diseases under regulations in force.

2. Imposing fines on employers that commit one of the following violations: Discriminating against an employee on the grounds that the employee refuses to work or abandons his/her workplace when he/she clearly sees a risk of an occupational accident seriously threatening his/her life or health; discriminating against an employee assigned to perform occupational safety and hygiene tasks, a hygiene specialist or a medical worker on the grounds that he/she carries out or performs his/her assigned work or tasks at the employer’s establishment at one of the following rates:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 to be imposed if the violation involves 01 – 10 employees;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed if the violation involves 11 – 50 employees;

c) A fine ranging from VND 20,000,000 to VND 30,000,000 to be imposed if the violation involves 51 – 100 employees;

d) A fine ranging from VND 30,000,000 to VND 40,000,000 to be imposed if the violation involves 101 – 300 employees;

dd) A fine ranging from VND 40,000,000 to VND 50,000,000 to be imposed if the violation involves 301 or more employees.

3. Relief and mitigative measures

a) Compelling employers committing the violations specified in point b of clause 1 of this Article to pay co-payments and other expenses not on the list of expenses covered by the health insurance plan to health insurance-protected employees suffering from occupational accidents and diseases;

b) Compelling employers committing the violations prescribed in point c of clause 1 of this Article to pay all charges for services ranging from medical first aid, emergency care to stabilization of health condition to employees suffering from occupational accidents and diseases without being protected by the health insurance plan;

c) Compelling employers committing the violations prescribed in point d of clause 1 of this Article to pay costs of medical examination for assessment of the level of incapacity to work for cases in which it is concluded that the affected employee’s capacity to work is decreased by less than 5% after the employer recommends him/her to take medical examination for assessment of his/her capacity to work at Medical Examination Council.

d) Compelling employers committing the violations specified in point dd of clause 1 of this Article to make the full repayment of benefits and compensations, plus the amount of late payment interest calculated at the highest demand deposit interest rates publicly quoted by state-owned commercial banks on the date of imposition of such penalty.

Article 23. Violations against regulations on use of machines and equipment subject to strict occupational safety and hygiene requirements at workplace

Entities or persons violating regulations on use of machines, equipment or accessories subject to strict occupational safety requirements at workplace shall be fined as follows:

1. A fine ranging from VND 1,000,000 to VND 2,000,000 for any act of failing to obtain registration for use of machines, equipment or accessories subject to strict occupational safety requirements at workplace with local Departments of Labor, War Invalids and Social Affairs within the duration of 30 days before or after putting them to use.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 for any act of failing to deposit and keep custody of technical dossiers of machines, equipment or accessories subject to strict occupational safety requirements at workplace.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 for any act of violating provisions laid down in national technical regulations on labor hygiene and safety for use of machines, equipment or accessories subject to strict occupational safety requirements at workplace; using machines, equipment or accessories subject to strict occupational safety requirements at workplace that have not yet been certified as compliant with respective national technical regulations; using machines, equipment or accessories subject to strict occupational safety requirements at workplace which are of unclear origin or expire.

4. A fine which is from two to three times higher than total costs of inspection of machines, equipment or accessories subject to strict occupational safety requirements at workplace in violation of existing regulations (calculated the minimum costs prescribed by competent authorities), but not less than VND 20,000,000 and exceeding VND 75,000,000 at maximum, for any act of failing to carry out inspections before use or failing to carry out periodic inspections during use.

5. A fine ranging from VND 50,000,000 to VND 75,000,000 for any act of ongoing use of machines, equipment or accessories subject to strict occupational safety requirements at workplace that have been tested, though test results show their failure to meet prescribed requirements.

Article 24. Violations against regulations on labor safety and hygiene training activities

1. Fines shall be imposed on employers who fail to provide occupational safety and hygiene training courses to their staff and employees as prescribed by law, or make arrangements with training institutions under which they can attaining training results without participating in any training courses at the following rates:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 to be imposed if the violation involves 01 – 10 employees;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed if the violation involves 11 – 50 employees;

c) A fine ranging from VND 20,000,000 to VND 30,000,000 to be imposed if the violation involves 51 – 100 employees;

d) A fine ranging from VND 30,000,000 to VND 40,000,000 to be imposed if the violation involves 101 – 300 employees;

dd) A fine ranging from VND 40,000,000 to VND 50,000,000 to be imposed if the violation involves 301 or more employees.

2. Labor safety and hygiene training institutions committing violations against regulations on labor safety and hygiene training activities shall be fined at one of the following rates:

a) A fine between VND 1,000,000 and VND 3,000,000 for acts of failing to report on occupational safety and hygiene training activities as prescribed by law; failing to notify competent authorities when organizing occupational safety and hygiene training activities according to training framework programs designed for employees performing occupational safety and hygiene tasks (group 2), employees who perform work subject to strict requirements (group 3), occupational safety and trainers as prescribed by law;

b) A fine ranging from VND 10,000,000 to VND 20.000.000 for one of the following violations: Providing inadequate contents of compulsory training courses designed according to legally prescribed framework programs; hiring any trainers who do not meet trainer’s qualification standards; failing to provide necessary training facilities according to regulations in force; providing none of training materials for trainees;

c) A fine ranging from VND 30,000,000 to VND 50,000,000 for one of the following violations: Providing training results without any training courses that have been provided; providing training results inconsistent with training contents;

d) A fine ranging from VND 50,000,000 to VND 70,000,000 to be imposed if the training institution holds none of Certificate of fulfillment of training requirements, or is subject to a decision on suspension of occupational safety and hygiene training activities, or has the Certificate of fulfillment of occupational safety and hygiene training requirements withdrawn, or continues to provide their training services even though their Certificate has expired, or provides training with contents falling outside of the activities specified in the Certificate; tampers with the contents of the Certificate of fulfillment of occupational safety and hygiene training requirements not to the extent that they are liable to criminal prosecution.

3. Employers committing any act of providing occupational safety and hygiene training courses on their own when in breach of regulations on occupational safety and hygiene training activities shall be fined at one of the following rates:

a) A fine between VND 1,000,000 and VND 3,000,000 for acts of failing to report on occupational safety and hygiene training activities as prescribed by law; failing to notify competent authorities when organizing occupational safety and hygiene training activities according to training framework programs designed for employees performing occupational safety and hygiene tasks (group 2), employees who perform work subject to strict requirements (group 3), occupational safety and trainers as prescribed by law;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed for one of the following violations: Providing inadequate contents of compulsory training courses designed according to legally prescribed framework programs; hiring any trainers who do not meet trainer’s qualification standards; failing to provide necessary training facilities according to regulations in force; providing none of training materials for trainees;

c) A fine ranging from VND 15,000,000 to VND 25,000,000 to be imposed for one of the following violations: Providing training results without any training courses that have been provided; providing training results inconsistent with training contents;

d) A fine ranging from VND 25,000,000 to VND 35,000,000 to be imposed if any employers organize training courses falling into the cases where the Certificate of fulfillment of occupational safety and hygiene training requirements is required without holding it, or are subject to a decision on suspension of occupational safety and hygiene training activities, or have the Certificate of fulfillment of occupational safety and hygiene training requirements withdrawn, or continue to provide their training services even though their Certificate has expired; provide training with contents falling outside of the activities specified in the Certificate or outside the scope of training activities declared conforming to occupational safety and hygiene training requirements; tamper with the contents of the Certificate of fulfillment of occupational safety and hygiene training requirements not to the extent that they are liable to criminal prosecution.

4. Supplemental penalties

a) Suspension of training activities for the duration from 01 month to 03 months, which is imposed on occupational safety and hygiene training providers that commit the violations specified at points c and d of clause 2 of this Article, and on employers providing occupational safety and hygiene training on their own that commit the violations specified in points c and d of clause 3 of this Article;

b) Confiscation of the Certificate of fulfillment of occupational safety and hygiene training requirements, which is imposed as a form of penalty for any act of tampering with information contained in the Certificate of fulfillment of occupational safety and hygiene training requirements as provided in point d of clause 2 and point d of clause 3 of this Article.

5. Relief and mitigative measures

d) Compelling offenders committing the violations specified in point b, c and d of clause 2 of this Article to make the full refund of training costs, plus the amount of interest on such refund calculated at the highest demand deposit interest rates publicly quoted by state-owned commercial banks on the date of imposition of such penalty;

b) Compelling revocation of training results already provided, which is imposed as a penalty for the violations specified in point b, c and d of clause 2, and point b, c and d of clause 3, of this Article.

Article 25. Violations against regulations on occupational safety and hygiene engineering inspection activities

1. If organizations providing occupational safety engineering inspection services commit any violation against regulations on occupational safety engineering inspection activities, they shall be fined as follows:

a) A fine ranging from VND 1,000,000 to VND 3,000,000 for any act of failure to report on occupational safety and hygiene engineering inspection activities as required by regulations in force;

b) A fine ranging from VND 3,000,000 to VND 5,000,000 to be imposed for one of the following violations: Failing to inform competent authorities issuing Certificates of fulfillment of inspection service provision requirements whenever there is any change in certificate holders' main office addresses or branches;

c) A fine ranging from VND 40,000,000 to VND 50,000,000 to be imposed for one of the following violations: Providing occupational safety inspection services outside the scope of business activities stated in the Certificate of fulfillment of inspection service provision requirements; failing to comply with regulations on inspection procedures; hiring inspection practitioners who are deprived of the rights to use, or subject to the revocation of, inspector credentials or practicing certificates, or use expired inspector credentials or practicing certificates to conduct inspection activities; hiring persons who have not yet obtained inspector credentials or practicing certificates to conduct inspections; hiring any inspection practitioner before he/she has not yet signed labor contracts or piecework contracts; failing to maintain compliance with the regulations on inspection service requirements set out in Certificates of fulfillment of inspection service provision requirements; failing to ensure conformance to objectivity, independence or arm's length principles in providing inspection services;

c) A fine ranging from VND 80,000,000 to VND 100,000,000 to be imposed for one of the following violations: Providing false inspection results; providing inspection results without any inspection to be carried out;

dd) A fine ranging from VND 130,000,000 to VND 150,000,000 to be imposed for one of the following violations: Carrying out inspection activities when the Certificate of fulfillment of inspection service provision requirements has expired, or during the period of suspension of inspection services, or during the period of being subject to decisions on withdrawal or deprivation of the rights to use the Certificate of fulfillment of occupational safety engineering inspection requirements; tampering with information contained in the Certificate of fulfillment of inspection service provision requirements not to the extent that they are liable to criminal prosecution.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed for one of the following violations:

c) Failing to comply with inspection procedures issued by competent regulatory authorities;

b) Rendering inspection services to occupational safety engineering inspection service providers without obtaining the Certificate of fulfillment of occupational safety inspection service provision requirements.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon any inspection practitioner that carries out the inspection in the event that his/her inspector credential or practicing certificate has expired; his/her inspection activities fall outside of the scope of service activities specified in his/her inspector credential or practicing certificate; his/her inspector credential or practicing certificate is revoked or withdrawn.

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon any individual person providing inspection services if he/she does not hold any inspector credential or practicing certificate.

5. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for any act of rendering inspection services without any Certificate of fulfillment of inspection service provision requirements.

6. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed upon inspection practitioners who commit any act of tampering with information contained in inspector credentials or practicing certificates that they have already been granted not to the extent that they are liable to criminal prosecution.

7. Supplemental penalties

a) Suspension of provision of inspection services for the duration from 01 month to 03 months for occupational safety inspection service providers committing any violation referred to in point d of clause 1 of this Article;

b) Confiscation of the Certificate of fulfillment of occupational safety engineering inspection provision requirements, which is imposed as a penalty for any act of tampering with information contained in Certificates of fulfillment of inspection service provision requirements as provided in point dd of clause 1 of this Article;

c) Confiscation of inspector credentials or practicing certificates, which is imposed as a penalty for any violation specified in clause 6 of this Article;

d) Deprivation of the rights to use inspector credentials or practicing certificates for the duration from 01 month to 03 months, which is imposed as a form of penalty for inspection practitioners carrying out inspection activities falling outside of service activities specified in inspector credentials or practicing certificates as provided in clause 3 of this Article.

8. Relief and mitigative measures

Compelling cancellation of inspection results and repayment of inspection costs plus the amount of interest thereon which is calculated at the highest demand deposit interest rates publicly quoted by state-owned commercial banks on the date of imposition of penalty for the violations referred to in point c, d and dd of clause 1 of this Article, except an act of tampering with information contained in Certificates of fulfillment of inspection service provision requirements already available for use not the extent of being liable to criminal prosecution.

Article 26. Violations against regulations on occupational environment monitoring

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for one of the following violations: Failing to send annual performance assessment reports to competent regulatory authorities in accordance with regulations in force; failing to inform competent regulatory authorities of any change in addresses of main offices or branches; failing to join training courses on updated knowledge about legislative policies, scientific achievements and technological advances regarding occupational environment monitoring activities in accordance with existing regulations.

2. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for any employer that fails to publicly inform employees working at sites where occupational environment monitoring activities take place, and places where inspection, assessment and management of dangerous factors at workplace are carried out, immediately after receipt of results thereof.

3. Fines ranging from VND 20,000,000 to VND 40,000,000 shall be imposed upon any employer failing to carry out occupational environment monitoring activities in order to control harmful effects on employee’s health in accordance with law.

4. If any employers collude with occupational environment monitoring organizations to perform fraudulent acts related to occupational environment monitoring activities not to the extent of being liable to criminal prosecution, they will be fined from VND 40,000,000 to VND 60,000,000.

5. If enterprises and organizations render occupational environment monitoring services without being recognized as conforming to requirements concerning provision of occupational environment monitoring services in accordance with law, they shall be fined from VND 50,000,000 to VND 75,000,000.

6. A fine ranging from VND 80,000,000 to VND 120,000,000 shall be imposed upon organizations providing occupational environment monitoring services for one of the following violations: Colluding with employers to perform fraudulent acts relating to occupational environment monitoring activities not to the extent of being liable to criminal prosecution; carrying out occupational environment monitoring activities in contravention of statutory procedures.

7. A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed upon occupational environment monitoring organizations that produce environmental monitoring results without carrying out environmental monitoring activities in accordance with regulations in force.

8. Supplemental penalties

Suspension of provision of environmental monitoring services for the duration from 03 months to 06 months for the violations prescribed in clause 5, 6 and 7 of this Article.