The Government has just issued 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 (Decree 283). The Decree takes effect from September 10.
According to Article 47, Decree 283, regarding violations of regulations on preparing dossiers and enjoying social insurance and unemployment insurance benefits, employees are fined from 1 million VND to 2 million VND if they commit one of the following violations:
Employees who declare falsely or correct, erase, or falsify content related to social insurance and unemployment insurance contributions and benefits but not serious enough to be prosecuted for criminal liability will be penalized according to the above level.
In addition, employees who do not notify the public employment service organization as prescribed when having a job within 10 working days from the date of submitting the application for unemployment benefits are also fined from 1 million VND to 2 million VND.
Notably, people currently receiving unemployment benefits who do not notify according to regulations to public employment service organizations when falling into one of the cases including employment; performing military service, duty to participate in the people's police, standing militia; receiving monthly pensions; going to study for a period of more than 12 months are also fined from 1 million VND to 2 million VND.
For employers, Article 47 stipulates a fine of between 10 million VND and 20 million VND for each dossier enjoying social insurance and unemployment insurance fraudulently or forged, but not exceeding 75 million VND if there is an act of forging dossiers enjoying social insurance and unemployment insurance without being prosecuted for criminal liability or intentionally falsifying information and documents in dossiers enjoying social insurance and unemployment insurance but not to the extent of criminal prosecution.
The Decree also stipulates a fine of between 2 million VND and 4 million VND for each employee, but a maximum of no more than 75 million VND for employers who do not make a list of employees or do not prepare dossiers or do not submit dossiers on time according to the provisions of the Law on Social Insurance and the Law on Occupational Safety and Health.
Regarding remedial measures, violators of the provisions of Clauses 1 and 2 of Article 47 are forced to return to the social insurance agency the amount of social insurance money, the amount of unemployment benefits, the amount of support for employees participating in vocational skills training and improvement, and the amount of support for employers to train, foster, and improve vocational skills to maintain employment for employees who have received it for committing violations.
These regulations basically inherit Decree 12/2022/ND-CP stipulating penalties for administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts for violations of regulations on preparing dossiers to enjoy social insurance and unemployment insurance benefits.
