The Criminal Code 2015 No. 100/2015/QH13 promulgated by the National Assembly on 27 November 2015 was amended on 20 June 2017 by the Law on amendment and supplement to the Criminal Code No. 100/2015/QH13 by the National Assembly (“Criminal Code 2015 amended in 2017”). Accordingly, for the first time, a number of violations in the labour field have been defined as crimes, which are subject to criminal liability under the Criminal Code 2015 amended in 2017, in addition, the Criminal Code also details violations, clarifies the penalty range for the previously prescribed number of crimes in the labour field, specifically:’
- Forcing public servants and officials to resign or illegally dismissing Employees[1];
- Fraudulence in SI, UI[2];
- Fraudulence in HI[3];
- Evasion in SI, HI, and UI for Employees[4];
- Violating regulations on Labour Safety and Labour Hygiene, safety in crowded places[5];
The punishment for these crimes is severe, for example, in addition to a monetary fine of up to VND 03 billion, offenders may be banned from holding positions, occupational practice and even subject to imprisonment up to 12 years. Under the Criminal Code 2015 amended in 2017, the crime evasion of SI, HI, and UI payment for Employees is also applicable to Employers who are legal entities for criminal prosecutions. The above-mentioned provisions of the Criminal Code 2015 amended in 2017 took effect from 01 January 2018.
[1] Article 162 the Criminal Code 2015 amended in 2017
[2] Article 214 the Criminal Code 2015 amended in 2017
[3] Article 215 the Criminal Code 2015 amended in 2017
[4] Article 216 the Criminal Code 2015 amended in 2017
[6] Article 295 the Criminal Code 2015 amended in 2017
[8] Article 296 the Criminal Code 2015 amended in 2017
[9] Article 297 the Criminal Code 2015 amended in 2017
