Decree 283/2026, effective 10/9, outlines penalties for violations in preventing occupational accidents and diseases.
Beyond penalties for failing to conduct regular health checks or occupational disease screenings, employers will also incur fines of 5-10 million VND for each worker not examined before being assigned to more strenuous, hazardous, or dangerous roles.
This penalty also applies if workers recovering from occupational accidents or diseases return to work without a health check, unless a Medical Assessment Council has already determined their work capacity impairment.
Employers face fines of 10-15 million VND for each failure to provide treatment, care, or rehabilitation for workers with occupational diseases or accidents, or for not assigning work suitable to health conditions as concluded by the Medical Assessment Council.
Fines of 10-15 million VND also apply to employers who fail to inform workers about occupational accidents, diseases, hazardous factors, and safety measures at the workplace; or who do not place warning signs and instructions in clear, visible locations.
High-risk businesses that fail to develop occupational safety and hygiene plans and risk assessments will be fined 15-20 million VND.
Penalties increase to 20-25 million VND for failing to detoxify or disinfect workers in toxic or infectious environments, or for not managing incidents and providing emergency response when risks or uncontrollable occupational accidents or technical incidents occur.
The decree also imposes fines of 500,000 VND to one million VND on workers who fail to use provided personal protective equipment or refuse to participate in first aid, incident resolution, or occupational accident recovery when instructed by their employer or a competent authority.
Under the current Law on Occupational Safety and Hygiene, employers must provide health examinations for workers at least once annually. Workers in strenuous, hazardous, or dangerous jobs, or those in particularly strenuous, hazardous, or dangerous roles, require examinations at least once every six months.
The six-month requirement also extends to disabled, underage, and elderly workers. Female workers must undergo specialized gynecological examinations, and those in environments with occupational disease risks must be screened for these conditions.
Employers are responsible for the costs of health examinations, as well as the detection and treatment of occupational diseases. These expenses are deductible when calculating a business's taxable income and are considered regular operating costs for administrative agencies and non-service public service units.
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Workers on a production line at a garment manufacturing company in Da Nang. Photo: Nguyen Dong
Evasion of social insurance contributions faces fines up to 150 million VND
Effective 10/9, penalties for labor contract, wage, and probation violations remain consistent with current regulations. The decree further specifies violations related to overtime, night work, and delayed wage payments.
Employers who register salaries below the legal minimum for social insurance contributions are deemed to be evading payments. Besides a fine of 18-20% of the total evaded compulsory social insurance amount, violators must pay the principal sum into the fund, along with a daily interest of 0,03%.
The maximum fine is 75 million VND for individual employers and 150 million VND for organizations.
Hong Chieu
