How are businesses fined for controlling in order to weaken trade union activities?

Legal Consulting Department of Lao Dong Newspaper answers:

Clause 1, Article 40, Decree 283/2026/ND-CP stipulating penalties for administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts (effective from September 10, 2026) stipulates as follows:

1. A fine of between 15 million VND and 30 million VND shall be imposed for acts of discrimination against employees, members of the leadership of employee representative organizations at the grassroots level, trade union officials for reasons of establishing, joining or operating employee representative organizations, including one of the following acts:

a) Discrimination in terms of salary, bonuses, benefits, working hours, and other rights and obligations in labor relations;

b) Discrimination and discrimination against gender, ethnicity, religion, and beliefs;

c) Request to participate, not participate or leave the employee representative organization at the grassroots level, Vietnam Trade Union to be recruited, conclude or extend labor contracts, working contracts;

d) Dismissal, discipline, unilateral termination of labor contracts, working contracts, failure to continue to conclude labor contracts, working contracts, failure to extend labor contracts, working contracts or transferring employees to other jobs but not to the extent of criminal prosecution;

e) Obstructing and causing difficulties related to work in order to weaken the operation of employee representative organizations at the grassroots level;

e) Manipulating in order to weaken trade union activities;

g) Untrue information to undermine the prestige and honor of trade union officials;

h) Promising, providing material benefits, non-material benefits so that employees and trade union officials do not participate in trade union activities, resign from trade union officials or have acts against the trade union.

Clause 1, Article 7 of Decree No. 283/2026/ND-CP stipulates the level of fines and principles of application for repeated administrative violations as follows:

1. The penalty level stipulated for administrative violations specified in Chapter II, Chapter III and Chapter IV of this Decree is the penalty level for individuals; except for cases specified in: Article 8; Article 9; Clause 3, Article 10; Clauses 3, 4, 5, 6, Article 19; Clauses 2, 4, Article 36; Clause 1, Article 37; Clauses 1, 5, 6, 7, 8, Article 38; Clause 3, Article 42; Clauses 6, 11, Article 48; Article 49; Clauses 1, 2, 3, 4, 5, 6, 7, 8, Article 50; Clauses 1, 2, 3, 4, 5, 6, Article 52; Clause 4, Article 53 of this Decree is the penalty level for organizations. The penalty level for organizations is 2 times the penalty level for individuals.

Thus, from September 10, 2026, enterprises with controlling acts aimed at weakening trade union activities will be fined up to 60 million VND.