Lawyer in Vietnam Oliver Massmann ALERT IMPRISONMENT\/JAIL for Labour Law violation – New Penal Code sanctions – Unprecedented !<\/p>\n
On 27 November 2015, the National Assembly adopted a new Criminal Code No. 100\/2015\/QH13, which takes effective from 01 July 2016. This new Criminal Code will replace the old Criminal Code in 1999 and its amending \/ guiding documents.
\nNotably, the new Criminal Code provides new sanctions for violations in employment sector. Details of these sanctions are set out below:<\/p>\n
Illegal dismissal of employees
\nIn particular, if a person for his\/ her own sake conducts one of the following behaviours that make dismissed employees or their families fall into difficult situations or go on strike, he\/ she will be subject to monetary fine of VND10 million – VND100 million, non-custodial reform of up to 1 year or IMPRISONMENT\/JAIL of 3 months to 1 year:
\n\u2022 Illegal dismissal of employees;
\n\u2022 Illegal issuance of decision on dismissing public servants; or
\n\u2022 Forcing, threatening the employees or public servants to quit their jobs.
\nThe violating person will be subject to VND100 million – VND 200 million monetary fine or 1-3 year IMPRISONMENT\/JAIL if he \/ she commits the crimes in either of the following situations:
\n\u2022 Dismissing 2 employees and more;
\n\u2022 Dismissing pregnant employees;
\n\u2022 Dismissing mothers of less than 12-month old baby; or
\n\u2022 Causing the dismissed employees commit suicide.
\nAt the same time, the violating person may also be prohibited from holding certain professional positions within 1- 5 years.<\/p>\n
Employment of employees under 16
\n Anyone who employs a person under 16 to do hard or dangerous work or work that involves contact with harmful substances in any of the following cases will be subject to a fine of VND 30 million – VND 200 million or up to 03-year non-custodial reform or 06 – 36 month imprisonment:
\n\u2022 The offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged;
\n\u2022 The offence results in bodily harm to 01 people who suffers from 31% – 60% physical disability;
\n\u2022 The offence results in bodily harm to 02 people or more who suffer from a total physical disability of 31% – 60%.
\nA sanction of 03 – 07 year imprisonment applies in the following cases:
\n\u2022 The offence has been committed more than once;
\n\u2022 The offence involves 02 workers or more under 16;
\n\u2022 The offence results in the death of 01 person or bodily harm to 01 person who suffers from over 61% physical disability;
\n\u2022 The offence results in bodily harm to 02 people, each of whom suffers from 31% – 60% physical disability;
\n\u2022 The offence results in bodily harm to 03 people or more who suffer from a total physical disability of over 61%.
\nA sanction of 05 \u2013 10 year imprisonment applies in the following cases:
\na) The offence results in the death of 02 people or more;
\nb) The offence results in bodily harm to 02 people or more, each of whom suffers from over 61% physical disability;
\nc) The offence results in bodily harm to 03 people or more who suffer from a total physical disability of over 122%.
\nThe offender might also be subject to a monetary fine of VND 10 million to VND 50 million.<\/p>\n
Evading payment of social insurance, health insurance, unemployment insurance for employees
\nA corporate legal entity who commits the following crimes is subject to monetary fine of VND 200 million to VND 500 million:
\n\u2022 The amount of insurance contribution evaded is VND 50 million to under VND 300 million;
\n\u2022 The offender fails to pay insurance for 10 – 49 employees.
\nA corporate legal entity who commits the following crimes is subject to monetary fine of VND 500 million to VND 1 billion:
\n\u2022 The offence has been committed more than once;
\n\u2022 The amount of insurance contribution evaded is VND 300 million to under VND 1 billion;
\n\u2022 The offender fails to pay insurance for 50 – 199 employees;
\n\u2022 The offender collects or deducts insurance contribution from the employees at the amount of VND 50 million to under VND 300 million or from 10 -49 employees but fails to pay insurance [to the authority].
\nA corporate legal entity who commits the following crimes is subject to monetary fine of VND 1 billion to VND 3 billion:
\n\u2022 The amount of insurance contribution evaded is VND 1 billion or more;
\n\u2022 The offender fails to pay insurance for 200 employees or more;
\n\u2022 The offender collects or deducts insurance contribution from the employees at the amount of VND 300 million to under VND 1 billion or from 50 – 199 employees but fails to pay insurance [to the authority].<\/p>\n
Coercive labour
\nAny person that uses violence or threat of violence or other methods to force a person to work against his\/her will, depending on each case, be subject to monetary fine of VND30 million \u2013 VND200 million, 06-month to 12-year imprisonment, or prohibited from holding certain positions or doing certain jobs within 01 – 05 years.<\/p>\n
Action plan
\n What we recommend to you now:
\n\u2022 You should update your Internal Labour Rules
\n\u2022 You should inform your managing team about these new rules !
\nWe are fully qualified to assist you with this work. Kindly let us know if you require our assistance.<\/p>\n
—o0o—<\/p>\n
Please do not hesitate to contact Mr. Oliver Massmann under omassmann@duanemorris.com if you have any questions on the above or should you request our assistance. Mr. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.<\/p>\n","protected":false},"excerpt":{"rendered":"
Lawyer in Vietnam Oliver Massmann ALERT IMPRISONMENT\/JAIL for Labour Law violation – New Penal Code sanctions – Unprecedented ! On 27 November 2015, the National Assembly adopted a new Criminal Code No. 100\/2015\/QH13, which takes effective from 01 July 2016. This new Criminal Code will replace the old Criminal Code in 1999 and its amending … <\/p>\n
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