[Draft] Decree amending Decree 12/2022/ND-CP on administrative penalties in the fields of labor, social insurance, and Vietnamese workers working abroad under contract.

GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No:        /2025/NĐ-CP	Hanoi, Date      , Month     , 2025
DRAFT

 

DECREE

Amending and supplementing several articles of Decree No. 12/2022/NĐ-CP dated January 17, 2022 of the Government regulating administrative penalties for violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts.

 

Pursuant to the Government Organization Law dated June 19, 2015; the Law on amendments and supplements to some articles of the Government Organization Law and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Administrative Penalties dated June 20, 2012; the Law on amendments and supplements to some articles of the Law on Administrative Penalties dated November 13, 2020;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Trade Union Law dated November 27, 2024;

At the request of the Minister of the Ministry of Labor, Invalids, and Social Affairs;

The Government issues this Decree amending and supplementing several articles of Decree No. 12/2022/NĐ-CP dated January 17, 2022 of the Government regulating administrative penalties for violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts (hereinafter referred to as Decree No. 12/2022/NĐ-CP).

Article 1. Amend and supplement several articles of Decree No. 12/2022/NĐ-CP

1. Amend and supplement point a, clause 1, Article 35 of Decree No. 12/2022/NĐ-CP as follows:
   "a) Failure to arrange time for the members of the leadership board of the representative organization of workers at the workplace, non-professional trade union officials, to perform the tasks of the representative organization as stipulated in clause 2, Article 176 of the Labor Code, clause 2, Article 27 of the Trade Union Law, while still paying them wages;"

2. Add point al after point a, clause 1, Article 35 of Decree No. 12/2022/NĐ-CP as follows:
   "al) Failure to grant leave or pay wages for non-professional trade union officials during participation in congresses, meetings, conferences, seminars, training, or education sessions organized by higher-level trade unions;"

3. Add point al after point a, clause 2, Article 35 of Decree No. 12/2022/NĐ-CP as follows:
   "al) Failure to agree in writing with the higher-level trade union when unilaterally terminating a labor contract, employment contract, dismissing, or transferring non-professional trade union officials, except where both parties cannot reach an agreement;"

4. Add point b1 after point b, clause 2, Article 35 of Decree No. 12/2022/NĐ-CP as follows:
   "b1) Unilateral termination of a labor contract, employment contract, dismissing, or transferring non-professional trade union officials in violation of the notice period required to inform the competent authorities, as stipulated in clause 2, Article 28 of the Trade Union Law, if no agreement could be reached with the higher-level trade union;"

5. Amend and supplement point c, clause 2, Article 35 of Decree No. 12/2022/NĐ-CP as follows:
   "c) Failure to extend the labor contract or employment contract until the end of the term for workers who are members of the leadership board of the representative organization of workers at the workplace or non-professional trade union officials during their term, when the contract expires;"

6. Amend and supplement clause 3, Article 35 of Decree No. 12/2022/NĐ-CP as follows:
   "3. A fine ranging from 20,000,000 VND to 40,000,000 VND for one of the following actions: exploiting the establishment, membership, or activities of a representative organization of workers at the workplace to violate the law, infringe upon state interests, or the legal rights and interests of agencies, organizations, enterprises, and individuals; receiving illegal foreign aid, sponsorship, technical assistance, spreading false information, inciting, distorting, slandering the union organization and its activities."

7. Amend and supplement clause 4, Article 35 of Decree No. 12/2022/NĐ-CP as follows:
   "4. Corrective measures
   Compel the employer to extend the labor contract or employment contract until the end of the term for workers who are members of the leadership board of the representative organization of workers at the workplace or non-professional trade union officials during their term, when the contract expires, due to violation of the regulation in point c, clause 2 of this Article."

8. Amend and supplement clause 1, Article 36 of Decree No. 12/2022/NĐ-CP as follows:
   "1. A fine ranging from 15,000,000 VND to 30,000,000 VND for employers who discriminate against workers, members of the leadership board of the representative organization of workers at the workplace, and trade union officials based on their establishment, membership, or activities in a representative organization of workers, including the following actions:
   a) Discrimination in wages, bonuses, benefits, working hours, and other rights and duties in the labor relationship;
   b) Requiring participation in, non-participation in, or leaving the organization of workers at the workplace, the Vietnam Trade Union to be hired, have a contract, or extend a labor or employment contract;
   c) Dismissing, disciplining, unilaterally terminating a labor or employment contract, not renewing the labor contract, or transferring workers to other tasks;"

9. Amend and supplement point a, clause 1, Article 37 of Decree No. 12/2022/NĐ-CP as follows:
   "a) Failure to pay wages to members of the leadership board of the representative organization of workers at the workplace, non-professional trade union officials during work as stipulated by law to perform tasks for the organization of workers at the workplace;"

10. Amend and supplement point b, clause 1, Article 37 of Decree No. 12/2022/NĐ-CP as follows:
    "b) Failure to ensure that members of the leadership board of the representative organization of workers at the workplace, non-professional trade union officials, are entitled to other guarantees in the labor relationship or in the execution of their representative function as stipulated by law."

11. Amend and supplement clause 3, Article 37 of Decree No. 12/2022/NĐ-CP as follows:
    "3. Corrective measures
    a) Compel the employer to pay wages to members of the leadership board of the representative organization of workers at the workplace, non-professional trade union officials during work as stipulated by law to perform tasks for the organization of workers at the workplace due to violation of the regulation in point a, clause 1 of this Article;
    b) Compel the employer to ensure that members of the leadership board of the representative organization of workers at the workplace, non-professional trade union officials, are entitled to other guarantees as stipulated by law due to violation of the regulation in point b, clause 1 of this Article."

12. Amend and supplement the title of Article 38 as follows:
    "Article 38. Violation of regulations on trade union fund contributions and management and use of trade union funds."

13. Add clause 2a after clause 2, Article 38 of Decree No. 12/2022/NĐ-CP as follows:
    "20) A fine ranging from 5,000,000 VND to 10,000,000 VND for violations in managing and using trade union funds incorrectly."

Article 2. Effectiveness and Responsibility for Enforcement

1. This Decree takes effect from the date of [implementation].
2. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, and the Chairpersons of People's Committees of provinces and centrally governed cities are responsible for enforcing this Decree.

Recipients:                                                                                                                                                                     On behalf of the GOVERNMEN                               

• The Central Executive Committee of the Communist Party                                                                                       Deputy Prime Minister    

• The Prime Minister, Deputy Prime Ministers of the Government

• Ministries, ministerial-level agencies, and agencies under the Government

• People's Councils and People's Committees of provinces and centrally governed cities

• Central Office of the Communist Party and its Committees

• Office of the General Secretary

• Office of the President

• The National Assembly's Ethnic Council and Committees

• Office of the National Assembly

• Supreme People's Court

• Supreme People's Procuracy

• State Audit Office

• National Financial Supervisory Commission

• Social Policy Bank

• Vietnam Development Bank

• Central Committee of the Vietnam Fatherland Front

• Central agencies of mass organizations

• Office of the Government: The Government Office Chief, Deputy Chiefs, Assistant to the Prime Minister, Director General of the Government Portal, departments, units, and the Official Gazette

• Archive: VT, KTTH (2)

See details here.