To Van Khai (from Dong Nai) asks: How are acts such as enticing, inducing, making promises, using deceptive advertising, or employing other methods to deceive workers—or recruiting workers for the purpose of exploitation or forced labor—penalized, in cases where the conduct does not yet warrant criminal prosecution?
Lawyer Nguyen Thi Trang, from the Hanoi Bar Association, provides the following advice: Pursuant to Clause 3, Article 11 of Decree 283/2026/ND-CP, which regulates the recruitment and management of workers:
“Article 11. Violations of regulations on the recruitment and management of workers
…
3. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for any of the following acts: enticing, inducing, making promises, using deceptive advertising, or employing other methods to deceive workers, or recruiting workers for the purpose of exploitation or forced labor, in cases where the conduct does not yet warrant criminal prosecution.” Furthermore, Clause 1, Article 7 of Decree 283/2026/NĐ-CP stipulates the fine amounts and the principles for their application in cases of repeated administrative violations, as follows:
“Article 7. Fine amounts and principles for application in cases of repeated administrative violations
1. The fine amounts prescribed for administrative violations under Chapters II, III, and IV of this Decree apply to individuals, except for those specified in the following provisions—Article 8; Article 9; Clause 3, Article 10; Clauses 3, 4, 5, and 6, Article 19; Clauses 2 and 4, Article 36; Clause 1, Article 37; Clauses 1, 5, 6, 7, and 8, Article 38; Clause 3, Article 42; Clauses 6 and 11, Article 48; Article 49; Clauses 1, 2, 3, 4, 5, 6, 7, and 8, Article 50; Clauses 1, 2, 3, 4, 5, and 6, Article 52; and Clause 4, Article 53 of this Decree—which apply to organizations. The fine amount for an organization is twice the fine amount for an individual.”
Accordingly, if an employer engages in deceptive advertising to mislead employees—in circumstances that do not warrant criminal prosecution—they may be subject to a fine ranging from 50 to 75 million VND for an individual, or from 100 to 150 million VND for an organization.