Legal Consulting Department of Lao Dong Newspaper answers:
Clause 2, Article 43, Chapter III of 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 shall be imposed on employers when they have one of the following acts: not registering or not fully registering the number of people who must participate in compulsory social insurance within 60 days from the expiration date specified in Clause 1, Article 28 of the Law on Social Insurance; not registering or not fully registering the number of people who must participate in compulsory social insurance after 60 days from the expiration date specified in Clause 1, Article 28 of the Law on Social Insurance but falling into the case prescribed by law not being considered evading compulsory social insurance according to the provisions of law, according to one of the following levels:
a) From 5 million VND to 10 million VND, when the violation is less than 10 employees;
b) From 10 million VND to 15 million VND, when violating from 10 people to less than 50 employees;
c) From 15 million VND to 20 million VND, when violating from 50 people to less than 100 workers;
d) From 20 million VND to 30 million VND, when violating from 100 people to less than 300 workers;
d) From 30 million VND to 40 million VND, when violating from 300 people to less than 500 workers;
e) From 40 million VND to 50 million VND, when violating from 500 people to less than 700 workers;
g) From 50 million VND to 60 million VND, when violating from 700 people to less than 1,000 workers;
h) From 60 million VND to 75 million VND, when violating from 1,000 employees or more.
Clause 1, Article 7, Decree 283/2026/ND-CP stipulates: The penalty level 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 02 times the penalty level for individuals.
Thus, from September 10, 2026, in case of not fully registering the number of people who must participate in compulsory social insurance, the penalty level will vary depending on the number of violators, but the highest penalty for individuals is up to 75 million VND and for organizations the highest is up to 150 million VND.
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