Question 169: What is the definition of the “offense” wording in the labour area pursuant to the Penal Code 2015 as amended and supplemented in 2017?

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The Penal Code 2015 No. 100/2015/QH13 promulgated by the National Assembly on November 27, 2015 is amended on June 20, 2017 by the Law on amending and supplementing a number of articles of the Penal Code No. 100/2015/QH13 by the National Assembly (“PC 2015 as amended in 2017”). Accordingly, for the first time a number of violations in the labour area have been defined as crimes, which are subject to criminal liability under the PC 2015 as amended in 2017. In addition, the PC also details violations, clarifying the penalty framework for some offenses in the previously prescribed labour area, specifically:

  • Forcing public servants and officials to resign from jobs or dismissing Employees in contravention of law[1];
  • Fraudulence in SI, UI[2];
  • Fraudulence in HI[3];
  • Evading payment of SI, HI and UI for Employees[4];
  • Breaching the regulations on LS and LH, safety in crowded places[5];
  • Breaching regulations on the use of Employees under the age of 16[6]; and
  • Forced labour[7].

The penalties for these offenses are very serious, for example, a fine of up to VND 3 billion. In addition, offenders may be banned from holding positions, occupational practice and even subject to imprisonment up to 12 years. Under the PC 2015 as amended in 2017, the evasion of SI, HI and UI payment for Employees is also applicable to Employers as legal entities for the purpose of criminal actions. The said PC 2015 as amended in 2017 takes effect from 01/01/2018.


[1]Article 162 the PC 2015 as amended in 2017

[2]Article 214 the PC 2015 as amended in 2017

[3]Article 215 the PC 2015 as amended in 2017

[4]Article 216 the PC 2015 as amended in 2017

[5]Article 295 the PC 2015 as amended in 2017

[6]Article 296 the PC 2015 as amended in 2017

[7]Article 297 the PC 2015 as amended in 2017