Refusing collective bargaining when requested, fined up to 30 million VND

Legal Consulting Department of Lao Dong Newspaper answers:

Clause 3, Article 22, Decree 283/2026/ND-CP stipulating penalties for administrative violations in the fields of labor, social insurance, and Vietnamese workers going to work abroad under contracts (effective from September 10, 2026) stipulates as follows:

3. A fine of between 10 million VND and 15 million VND shall be imposed on employers when they commit one of the following acts:

a) Refuse collective bargaining upon receiving a request from the bargaining requesting party;

b) Implementing the content of a collective labor agreement that has been declared invalid;

c) Causing difficulties, obstruction or interference in the process of organizing employee representatives to discuss, collect employee opinions, and collect voting opinions on draft collective labor agreements.

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 refusing collective bargaining when requested may be fined up to 30 million VND.