Prohibited acts

Article 12 - Law on Occupational safety and hygiene

1. Concealing, providing false information about occupational accidents or occupational diseases; failing to conform to requests or implement measures for occupational safety and hygiene causing damage or threaten lives, assets and environment; compelling employees to work or prevent employees from leaving the workplace when there are hazards of occupational accidents threatening their health or lives or compelling employees to keep working even though such hazards have not been eliminated.

2. Evading paying or delaying paying insurance premiums; appropriating the insurance premiums or the insurance payout; cheating or forging documents on the insurance; failing to pay the insurance premiums for employees; managing and using the insurance fund not in accordance with regulations of law; illegally assessing database of the insurance.

3. Using machinery, equipment or materials having strict requirements pertaining to occupational safety and hygiene without any inspection or the inspection results show that those machinery, equipment or materials do not meet requirements; have no clear origin, expire; do not ensure quality; or cause environment pollution.

4. Committing a fraud in inspection, training in occupational safety and hygiene, occupational environment monitoring, or medical assessment of decreased work capacity upon occupational accidents or occupational diseases; prevent, make difficulties or cause damage to lawful right and interests of employees and employers in terms of occupational safety and hygiene.

5. Discriminate on grounds of sex in assurance of occupational safety and hygiene; discriminate against employees who refuse to keep working or leave the workplace when they believe that there are hazards of occupational accidents that threaten their lives or health; or discriminate against employees in charge of occupational safety and hygiene of the workplace, discriminate against occupational safety and hygiene officers and health officers.

6. Give work assignment that strictly requires occupational safety and hygiene to employees who have not been trained in occupational safety and hygiene.

7. Pay in cash instead of in-kind allowances.

Article 295. Violations against regulations of law on occupational safety, occupational hygiene and safety in crowded areas

1. Any person who violates regulations of law on occupational safety, occupational hygiene or safety in crowded areas in any of the following circumstances shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:

a) The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% WPI;

b) The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% WPI;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of 61% - 121%;

d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence results in the death of 02 people;

b) The offence results in bodily harm to 02 people, each of whom suffers from ≥ 61% WPI;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of 122% - 200%;

d) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000;dd) The offender is the person in charge of occupational safety, occupational hygiene or safety in crowded areas.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) The offence results in the death of ≥ 03 people;

b) The offence results in bodily harm to 03 people, each of whom suffers from 61% WPI or more;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥ 201%;

d) The property damage caused by the offence is assessed at ≥ VND 1,500,000,000.

4. If this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI or bodily harm to more than one person who suffer from a total WPI of 31% - 60%, the offender shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

5. If this offence is likely to cause harm to life, health or property of other people and is not promptly prevented, the offender shall face a penalty of up to 03 year's community sentence or 06 - 36 months' imprisonment.6. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

(Crimial code - No. 100/2015/QH13)