Is It Illegal for Employers to Keep Employees’ Original Diplomas in Vietnam?

Short answer: Yes, it is a violation. Article 17 of the Labor Code 2019 strictly prohibits employers from keeping originals of employees’ personal papers, diplomas and certificates when concluding and performing labor contracts. This act is fined from VND 20,000,000 to VND 25,000,000 for an individual violator; an organizational violator is fined double, i.e., from VND 40,000,000 to VND 50,000,000, under Decree 12/2022/ND-CP.

Legal basis

• Labor Code 2019 (45/2019/QH14): Article 13 (labor contracts), Article 17 (acts employers may not do);
• Decree 12/2022/ND-CP: Clause 2, Article 9 (fine levels for keeping original papers), Article 6 (principle of applying fines to organizations at double the individual level).

Is keeping original diplomas and certificates a violation?

Yes. Article 17 of the Labor Code 2019 provides the acts employers may not do when concluding and performing labor contracts, including:

1. Keeping originals of employees’ personal papers, diplomas and certificates;
2. Requiring employees to implement monetary or other asset security measures for performance of the labor contract;
3. Forcing employees to perform labor contracts to repay debts to the employer.

Thus, a company requiring employees to submit original university degrees or practicing certificates (or retaining them after recruitment) is strictly prohibited by law, regardless of whether the employee “voluntarily” handed them over.

Specific penalty levels

Under Clause 2, Article 9 of Decree 12/2022/ND-CP, an employer keeping originals of employees’ personal papers, diplomas and certificates when concluding or performing labor contracts is fined from VND 20,000,000 to VND 25,000,000.

Under Article 6 of Decree 12/2022/ND-CP, the fine levels in Chapter II of this Decree are for individuals; fines for organizations are double those for individuals. Keeping original papers falls under Chapter II, therefore:

• Individual employer in violation: fined from VND 20,000,000 to VND 25,000,000;
• Company (organization) in violation: fined from VND 40,000,000 to VND 50,000,000.

In addition to fines, the employer is subject to remedial measures: forced return of the originals of personal papers, diplomas and certificates kept from the employee.

What should employees do when originals are kept?

1. Request return in writing: send a request (email, official letter) to the company, citing Article 17 of the Labor Code 2019 and requesting return within a specific deadline;
2. Complain: if the company does not return them, complain to the state labor management agency or the Labor Inspectorate for handling;
3. Denounce the administrative violation for the competent authority to penalize under Decree 12/2022/ND-CP;
4. File a lawsuit at the Court to demand return of the papers and compensation for damage (if any).

Note: employees may still unilaterally terminate labor contracts without prior notice in certain statutory cases, but having papers kept does not automatically fall into these cases — each case needs specific assessment.

What may employers do instead?

Instead of keeping originals, the company may:

• Request the employee to present originals for comparison, keeping only copies (certified or compared) in personnel dossiers;
• Verify diplomas and certificates through the issuing training institution when authenticity is in doubt;
• Agree on other lawful contract performance security measures (e.g., training agreements, training cost reimbursement per proper regulations).

Frequently asked questions

How much is a company fined for keeping an employee’s original university degree?

A company (organization) is fined from VND 40,000,000 to VND 50,000,000 under Clause 2, Article 9 and Article 6 of Decree 12/2022/ND-CP, and is forced to return the original papers to the employee.

If the employee voluntarily hands over originals, is it a violation?

Yes. This is an absolutely prohibited act when concluding and performing labor contracts; the employee’s “voluntariness” does not make the act lawful.

Is it fine if the company only keeps certified copies?

No violation. The law only prohibits keeping originals; keeping copies (compared with originals) in personnel dossiers is normal.

Notes on applying current legislation

This article is labor knowledge presented for reference, helping readers understand the legal issue at an overview level. Legal regulations may change over time and depend on the specific circumstances of each case. Where you need to determine the exact rights and handling for your case, please contact ANT Legal lawyers at 0966.475.966 for verification and advice before acting.

Common risks to note

• Miscalculating the fine for organizations (VND 40–50 million, not VND 40–80 million).
• Confusing keeping originals (prohibited) with keeping compared copies (permitted).
• Not requesting return in writing, lacking evidence when complaining.

How can ANT Legal help?

ANT Legal supports employees in recovering unlawfully kept papers, drafting request letters, complaint/denunciation petitions and representing them in working with competent authorities; and advises enterprises on building labor-law-compliant personnel processes. For prompt advice, please contact our lawyers at 0966.475.966.

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