Year 2020: Unauthorized Overseas Labor Can Be Fined Up to 100 Million VND

On March 1, 2020, the Government of Vietnam issued Decree 28/2020/ND-CP stipulating administrative penalties in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts.

NLD illegally staying abroad when the labor contract expires, Decree 28/2020/ND-CP

Illustration (source: internet)

To be specific, at Clause 2, Article 47 of Decree 28/2020/ND-CP stipulates a fine from VND 80,000,000 to VND 100,000,000, and concurrently forcing repatriation for one of the following acts:

- Illegally staying abroad after the labor contract expires;

- Escaping from the workplace under the contract without being coerced into labor;

- After entering the receiving country, not going to the workplace as per the contract.

Additionally, this Decree stipulates a fine from VND 2,000,000 to VND 5,000,000 for workers not registering personal contracts with the competent state authority as prescribed.

Workers fined abroad can pay fines at the diplomatic representative agencies, consular offices of Vietnam abroad. The fines are collected in Vietnam Dong. In case it is collected in foreign currency, it shall be converted into Vietnam Dong according to the commercial bank's exchange rate at the time of the fine.

Note: For administrative violations in the fields of labor, social insurance, sending Vietnamese workers to work abroad under contracts occurring before the Decree 28/2020/ND-CP took effect (i.e., April 15, 2020) and are later discovered or are being considered and resolved, the regulations on punishment defined in this Decree shall apply if it does not stipulate legal responsibility or stipulates lighter legal responsibility for violating individuals or organizations.

See the full text of the provisions in Decree 28/2020/ND-CP effective from April 15, 2020.

Thu Ba

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