Keeping the original worker's identity card when concluding a labor contract, fined up to 50 million VND

Legal Consulting Department of Lao Dong Newspaper answers:

Clause 2, Article 15, 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:

2. A fine of between 20 million VND and 25 million VND shall be imposed on employers for one of the following acts:

a) Keep original personal papers, diplomas or certificates of employees when concluding or implementing labor contracts;

b) Forcing employees to implement security measures in cash or other assets for the performance of the labor contract;

c) Concluding labor contracts with employees from 15 years old to under 18 years old without the written consent of the legal representative of that person.

Point d, Clause 3, Article 15 of Decree 283/2026/ND-CP stipulates remedial measures as follows: Forcing employers to return original personal papers; diplomas; certificates held by employees for acts violating the provisions of point a, clause 2 of this Article.

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, businesses holding the original ID card of employees when concluding labor contracts may be fined up to 50 million VND and forced to return the ID card to employees.