At the time of this article, the Law on Amendment and
Supplementation is presumably in the technical correction phase at
the National Assembly and the final official version will take some
weeks or even months to be passed. But based on the latest draft
submitted for the National Assembly's approval dated 10 March
2017, we understand that some of the key changes in the Law on
Amendment and Supplementation in light of related-employment crimes
are as follows.
1. Crime of illegal dismissal of employees is still
First and foremost, it is worth noting that crime of illegal
dismissal of employees shall be subject IMPRISONMENT/ JAIL of up to
one (1) year.
Strictly speaking, it is most likely that the law-makers of
Vietnam do not have any intension to lighten the statutory
penalties for this crime. Therefore, for avoidance of legal risks,
all and every employers and/or their persons-in-charge are strongly
recommended to stay as cautious as possible whenever conducting any
behaviors (including but not limited to illegal dismissal acts)
that may make the dismissed employees or their families fall into
difficult situations or go on strike.
2. Clearer description of crime on employment of under 16
With respect to this crime, Law on Amendment and Supplementation
expressly introduces a formal checklist of (a) hard, harmful or
dangerous works and (b) extremely hard, harmful or dangerous works
for the purpose of determination of the crime.
In addition, one more additional penalty has just been
supplemented where the offender in question might be forbidden from
practicing his/her profession or doing certain jobs for up to five
3. Violations against regulations of law on occupational
safety and hygiene
Under Law on Amendment and Supplementation, any person who
violates regulations of law on occupational safety and hygiene, as
the case may be, shall be subject to:
a fine of up to VND 100 million (equivalent to US$4,444);
up to three-year non-custodial reform; or
up to twelve-year imprisonment.
Please be noted that prohibition of the offender from holding
certain positions or doing certain jobs for up to five (5) years
may also be applied as an additional penalty.
ACTION RECOMMENDED: Finally, what we advise you to carry out
right this second would be:
to update your Internal Labour Rules with a Vietnam-law
fully-compliant dismissal procedure; and
to keep your managing team informed of these new stipulations
Disclaimer:This Alert has been
prepared and published for informational purposes only and is not
offered, nor should be construed, as legal advice. For more
information, please see the firm's
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