On March 1, 2020, the Government signed to issue Decree 28/2020 / ND-CP replacing Decree No. 95/2013 / ND-CP dated August 22, 2013 and Decree No. 88/2015 / ND. -CP October 7, 2015 on administrative sanctions in the field of labor, social insurance and sending Vietnamese laborers to work abroad under contracts (hereinafter abbreviated to “Decree 28 / 2020 / ND-CP ”).
This article will update readers on some new points of Decree 28/2020 / ND-CP, as follows:
1. Regarding subjects of application:
Expanding to 2 more target groups, according to Article 2 of Decree 28/2020 / ND-CP stipulating all 5 groups of subjects subject to direct control of this Decree, specifically including:
– Employers, workers and individuals and organizations committing administrative violations in the field of labor, social insurance, sending Vietnamese workers to work abroad under contracts ;
– Persons with sanctioning competence, competence to make records on administrative sanctions;
– Other agencies, organizations and individuals involved in the sanctioning of administrative violations.
2. Regarding sanctioning forms and remedial measures:
Remain 02 main sanctions, warning and fine, but Article 3, Article 4 of Decree No. 28/2020 / ND-CP stipulates in detail, details and adds some additional sanctions. Supplement and Remedy for violations, specifically as follows:
– Decree 28/2020 / ND-CP specifically lists 12 additional sanctioning forms that can be applied, including 05 new and never-before additional penalties in the previous 02 sanctioning decrees, specifically could be:
Confiscation of labor sublease license;
Confiscation of certificates of eligibility for training in occupational safety and sanitation;
Confiscation of certificates of eligibility for operation of technical safety testing services;
Confiscation of Certificate of inspector;
Suspend working environment monitoring activities from 03 months to 06 months.
– Decree 28/2020 / ND-CP specifically lists 51 Remedy measures, including some new remedies that 02 previous Decrees do not have such as: Forced payment of illegal benefits measures obtained from taking advantage of vocational training or apprenticeship to make personal profits, exploit labor or seduce or force apprentices or practitioners into illegal activities; Forced conclusion of labor contracts for acts of failing to conclude the right type of labor contracts with laborers ……
3. Subjects are considered organizations and bear double fine levels for individuals.
Previously, although there was a stipulation that the organization’s fine and sanctioning competence would be twice as much as that of an individual, there was a real debate about who was the organization. To overcome this inadequacy, Decree 28/2020 / ND-CP has specified in the direction of listing 10 organizations subject to a fine of 02 times for individuals, including:
– State agencies that commit acts of violation, except for cases falling under the assigned State management tasks;
– Enterprises established and operating under Vietnamese law, branches and representative offices of foreign enterprises operating in Vietnam;
– Cooperatives and unions of cooperatives;
– Non-business units;
– Socio-political organization, socio-political-professional organization, social organization; social-professional organizations;
– Diplomatic missions, consular offices of foreign countries, representative offices of international organizations belonging to the United Nations system, regional and sub-regional organizations.
– Resident offices, foreign consulates, representative offices of organizations of the United Nations system, regional and sub-regional organizations;
– Resident office of news, press, broadcast and foreign television agencies;
– International organizations, intergovernmental organizations, organizations belonging to foreign governments;
– Non-governmental organizations;
– Representative offices operating without profit in Vietnam of economic, commercial, financial, banking, insurance, scientific-technical, cultural, educational, medical and legal consultancy organizations foreign.
– Educational institutions, vocational education institutions, health facilities, cultural and social facilities.
In summary, Decree 28/2020 / ND-CP was born and introduced a lot of new regulations, more specific and clear than previous Decrees on penalties, showing that the legal system of Vietnam in general and administrative management in particular have become more complete and uniform, contributing significantly to the adjustment of human and social activities, improving the efficiency of law enforcement in national construction and renovation. Decree 28/2020 / ND-CP will take effect on April 15, 2020.