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DECREE 283/2026/ND-CP ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN LABOUR AND INSURANCE

On 15 July 2026, the Government issued Decree 283/2026/ND-CP stipulating the sanctioning of administrative violations in the fields of labour, social insurance (“SI”) and Vietnamese workers working abroad under contracts. The Decree takes effect from 10 September 2026, replacing Decree 12/2022/ND-CP.

Key highlights:

1. Additional sanctions on the registration and management of labour information

  • Employers that fail to register or adjust labour registration information when carrying out SI participation procedures may be fined from VND 5–20 million, depending on the number of employees involved.
  • Employees who provide incomplete or inaccurate information for labour registration may be fined from VND 1–2 million.

2. Tightened penalties on wages and labour relations

  • The Decree provides more specific provisions on violations relating to the entry into labour contracts (“LCs”), probation, wages, working hours and termination of LCs. Notably, wage-related violations may be subject to fines of up to VND 75 million for organisations, depending on the nature of the violation and the number of affected employees; in addition, enterprises may be compelled to pay the full amount of unpaid wages together with the related interest.
  • Regarding probation, enterprises may be penalised for applying probation to LCs with a term of less than 01 month, exceeding the permitted probation period/number of probations, or paying probationary wages lower than 85% of the wage for the relevant job.

3. Strengthened penalties for late payment and evasion of SI and unemployment insurance (“UI”) contributions

Penalties for late payment and evasion of social insurance and unemployment insurance contributions are determined as a percentage of the amount in violation, instead of fixed fines:

  • Late payment: a fine of 12–15% of the total late-paid amount, capped at VND 75 million; in addition, the enterprise is required to pay the full late-paid amount together with an amount of 0.03%/day on the late-paid amount.
  • Evasion: a fine of 18–20% of the total evaded amount, capped at VND 75 million. Penalties are also tiered by the number of unregistered employees.

4. Additional sanctions relating to employee data

The Decree adds violations relating to the unauthorised exploitation, sharing, use, trading or exchange of employee data and unpublished labour market information. Certain violations may be subject to fines of up to VND 70 million, and cases showing signs of criminal offences must be transferred for consideration of criminal liability.

5. Changes to the statute of limitations and methods of handling violations

  • The statute of limitations for sanctioning is 01 year for violations relating to labour and SI, and 02 years for violations relating to Vietnamese workers working abroad under contracts.
  • The Decree also permits the handling of violations in the electronic environment where infrastructure, technical and information requirements are met.

6. Tightened penalties relating to work permits for foreign employees

  • Foreign employees working in Vietnam without a work permit may be fined VND 15–25 million or deported from Vietnam.
  • Enterprises employing foreign workers without work permits may be fined VND 30–75 million, depending on the number of employees in violation.

7. Clarification of certain sanctioning principles

  • Business households and households committing violations shall be sanctioned as individuals.
  • For certain acts of late payment or evasion of SI/UI contributions or trade union fees that occur multiple times but have not yet been sanctioned and remain within the statute of limitations, such acts may be sanctioned as a single violation, with the aggravating circumstance of repeated violations applied.