On 15 July 2026, the Government issued Decree No. 283/2026/ND-CP on Administrative Sanctions for Violations in the Fields of Labor, Social Insurance, and Vietnamese Employees Working Overseas under Employment Contracts (“Decree 283”). Effective from 10 September 2026, Decree 283 replaces Decree No. 12/2022/ND-CP (“Decree 12”) and introduces several new provisions aimed at strengthening deterrence, safeguarding employees’ rights and interests, and enhancing the effectiveness of state administration.
The key highlights of Decree 283 are set out below.
I. Overall Assessment
1. Further enhancement of the legal framework governing administrative sanctions in the fields of labor, social insurance, and Vietnamese employees working overseas under employment contracts
Decree 283 further refines the regulatory framework for administrative sanctions by introducing more comprehensive provisions on sanctioning principles, forms of administrative sanctions, remedial measures, statutes of limitations, and sanctioning authority applicable to violations in the fields of labor, social insurance, employment, and Vietnamese employees working overseas under employment contracts.
The standardization of these provisions contributes to a more transparent and consistent legal framework, providing a clearer legal basis for competent authorities in the application and enforcement of administrative sanctions.
2. Introduction of new sanctions for violations relating to labor data
To better protect employees’ rights and strengthen data governance in the context of digital transformation, Decree 283 introduces administrative sanctions for several new categories of violations, including:
- Discrimination in recruitment and employment;
- Violations of regulations governing employment services; and
- The unlawful collection, exploitation, use, sharing, sale, or misappropriation of labor market information and data, as well as employee database information.
3. Strengthening compliance with social insurance regulations
Decree 283 continues to maintain and further clarify sanctions applicable to employers that fail to comply with their compulsory social insurance obligations, including late payment, non-payment, or incomplete fulfilment of statutory obligations. These amendments are intended to strengthen corporate compliance while better safeguarding employees’ social security entitlements.
II. Key New Provisions
1. Unlawful trading of employee data may be subject to administrative fines of up to VND 70.000.000
Pursuant to Article 10.4 of Decree 283, organizations and individuals committing the following employment-related violations may be subject to administrative fines ranging from VND 50.000.000 to VND 70.000.000:
“4. A fine of VND 50.000.000 to VND 70.000.000 shall be imposed on organizations and individuals who commit any of the following acts:
- Fraud or falsification of documents in the implementation of policies on employment, assessment, and issuance of national vocational skills certificates that do not result in criminal prosecution or do not reach the level of criminal prosecution;
- Exploiting employment service activities to infringe upon national sovereignty, national defense, security, national interests, social order and safety, public interests, and the legitimate rights and interests of agencies, organizations, and individuals without being prosecuted for criminal liability;
- Illegally buying, selling, exchanging, or appropriating information and data in the database on employees and labor market information that have not been published or disseminated by competent state management agencies without being prosecuted for criminal liability.”
In addition, the unlawful exploitation, sharing, or use of information and data contained in the employee database (where such acts do not amount to trading or misappropriation) is also subject to administrative fines ranging from VND 20.000.000 to VND 40.000.000 under Article 10.2 of Decree 283.
2. Administrative fines of up to VND 75.000.000 for deceptive recruitment practices targeting employees
Under Article 11.3 of Decree 283, organizations and individuals may be subject to administrative fines ranging from VND 50.000.000 to VND 75.000.000 for engaging in acts of solicitation, inducement, false promises, deceptive advertising, or other fraudulent means to deceive employees, or for recruiting employees for the purpose of labor exploitation or forced labor, where such acts do not constitute criminal offences.
Accordingly, from 10 September 2026, any act of soliciting, inducing, making false promises, using deceptive advertising, or employing other fraudulent means to mislead employees, or recruiting employees for the purpose of labor exploitation or forced labor (where criminal liability is not triggered), may be subject to administrative fines of up to VND 75.000.000 pursuant to Article 11.3 of Decree 283.
3. Extension of the statute of limitations for imposing administrative sanctions relating to Vietnamese employees working overseas under employment contracts
Previously, Article 5 of Decree 12 provided a general one-yearstatute of limitations for imposing administrative sanctions in the fields of labor, social insurance, and Vietnamese employees working overseas under employment contracts.
However, Article 3.4 of Decree 283 revises the statute of limitations as follows: “4. The statute of limitations for administrative penalties in the fields of labor, social insurance, and Vietnamese employees going to work abroad under contract is stipulated as follows:
- One year for administrative violations related to labor and social insurance;
- Two years for administrative violations related to Vietnamese employees going to work abroad under contract.”
Accordingly, the statute of limitations for imposing administrative sanctions in relation to Vietnamese employees working overseas under employment contracts has been extended from one year to two years, while the statute of limitations applicable to administrative violations in the fields of labor and social insurance remains unchanged at one year.
4. Certain serious violations may be referred for criminal prosecution
Another notable feature of Decree 283 is its clarification of the mechanism for referring serious violations of criminal prosecution. Pursuant to Article 4 of Decree 283, where, during the handling of an administrative violation, the competent authority identifies signs of a criminal offence, it must transfer the case file to the competent criminal procedure authority for consideration of criminal prosecution.
Illustrative violations subject to this mechanism include:
- Forging licenses, certificates, qualifications, or documents issued by competent authorities or organizations;
- Illegally exploiting, sharing, or using information and data contained in the employee database and labor market information that has not yet been officially disclosed or published by competent state authorities;
- Infringing upon an employee’s honor, dignity, or reputation while imposing labor disciplinary measures;
- Abusing activities relating to the placement of Vietnamese employees overseas to organize illegal departures, or to facilitate labor exploitation or forced labor; and
- Repeatedly employing employees aged between 15 and under 18 years old in prohibited occupations or prohibited workplaces.
Note: The above list highlights several representative violations only. The full list is prescribed under Article 4.2 of Decree 283/2026/ND-CP.
III. Recommendations for Businesses
In view of the changes introduced by Decree 283, businesses are advised to proactively implement the following measures to mitigate legal and compliance risks:
- Review internal labor regulations, workplace rules, and recruitment procedures to ensure compliance with the new requirements, particularly those relating to discrimination in employment and employment service activities;
- Assess compliance with mandatory social insurance obligations and promptly rectify any deficiencies or instances of non-compliance;
- Review the collection, storage, processing, use, and sharing of employees’ personal data to ensure compliance with applicable legal requirements;
- For enterprises engaged in overseas employment services, review recruitment procedures, contractual arrangements, and contract management processes to minimize legal risks; and
- Organize internal training and communication programs to familiarize HR personnel, management, and relevant departments with the new provisions of Decree 283 and strengthen overall compliance awareness.
Overall, Decree 283 further strengthens the legal framework governing administrative sanctions in the fields of labor, social insurance, and Vietnamese employees working overseas under employment contracts. The Decree introduces stricter penalties for serious violations while establishing specific sanctions for newly regulated offences, particularly those involving employee data and related misconduct. These changes are expected to enhance the effectiveness of law enforcement and strengthen the protection of employees’ rights and interests. Businesses should proactively review their compliance framework to minimize legal risks and avoid administrative sanctions under the new regulatory regime.
Source: Dimac law firm