Penalties for Failing to Ensure Worker Safety at the Workplace in Vietnam

An employer that fails to develop, promulgate, or organize the implementation of plans, internal rules, or procedures ensuring occupational safety and hygiene at the workplace may be fined from VND 5 million to VND 10 million under Point a, Clause 2, Article 32 of Decree No. 283/2026/ND-CP (effective from 10 September 2026, replacing Decree No. 12/2022/ND-CP). This fine applies to individuals; organizations committing the same violation are fined twice as much.

1. Must the trade union be consulted when developing an occupational safety and hygiene plan?

Yes. Under Clause 2, Article 76 of the Law on Occupational Safety and Hygiene 2015, the development of an occupational safety and hygiene plan must consult the Executive Committee of the grassroots trade union and must be approved by the employer before implementation. This plan serves as the basis for synchronously implementing measures to ensure occupational safety and hygiene at the workplace each year.

2. What does an occupational safety and hygiene plan include?

The employer’s annual occupational safety and hygiene plan comprises the following main contents: technical measures for labor safety and fire and explosion prevention; measures for labor hygiene, prevention of harmful factors, and improvement of working conditions; provision of personal protective equipment; worker health care and periodic health check-ups; and propaganda and training on occupational safety and hygiene. The employer is responsible for organizing implementation of the plan after promulgation, not merely developing a plan on paper.

3. Penalties for failing to ensure occupational safety at the workplace

Under Point a, Clause 2, Article 32 of Decree No. 283/2026/ND-CP, an employer that fails to develop, promulgate, or organize the implementation of plans, internal rules, or procedures ensuring occupational safety and hygiene at the workplace (or develops/promulgates them without consulting the Executive Committee of the grassroots trade union) is fined from VND 5,000,000 to VND 10,000,000.

The above fine applies to individual violators; under Clause 1, Article 63 of Decree No. 283/2026/ND-CP, organizations committing the same violation are fined twice as much, i.e., from VND 10 million to VND 20 million. Other violations of occupational safety and hygiene measures (failure to inspect machinery, failure to provide personal protective equipment, failure to assess risks, etc.) have separate fine brackets from VND 500,000 to VND 75 million depending on the nature and the number of affected workers.

Note on transitional provisions: Decree No. 283/2026/ND-CP is effective from 10 September 2026, replacing Decree No. 12/2022/ND-CP. Violations occurring and completed before this point are handled under the instrument in force at the time of the violating act (Article 67 of Decree No. 283/2026/ND-CP).

Notes on applying current legal provisions

This article is presented for reference purposes, helping readers understand the legal issue at a general level. The determination of the specific violation and the applicable fine bracket depends on the conclusions of the competent authority in each case. Where you need to assess penalty risks for your enterprise, please contact an ANT Legal lawyer at 0966.475.966 for review and advice before proceeding.

Common risks to watch for

• Applying Decree No. 12/2022/ND-CP and the old VND 10–20 million fine by mistake (expired).
• Developing an occupational safety and hygiene plan without consulting the grassroots trade union.
• Having a plan on paper but not organizing its actual implementation.
• Failing to distinguish individual and organizational fines (organizations pay double).

How can ANT Legal help?

ANT Legal assists enterprises in reviewing compliance with occupational safety and hygiene legislation, developing compliant plans, internal rules, and procedures, and advising on handling inspections and penalties. For prompt advice, please contact our lawyers at 0966.475.966.

Frequently asked questions

What is the penalty for failing to develop an occupational safety and hygiene plan?
A fine of VND 5 million to VND 10 million for individuals (Point a, Clause 2, Article 32 of Decree No. 283/2026/ND-CP, effective from 10 September 2026, replacing Decree No. 12/2022/ND-CP); organizations committing the same violation are fined twice as much, i.e., from VND 10 million to VND 20 million.

Must the trade union be consulted when developing an occupational safety and hygiene plan?
Yes. Under Clause 2, Article 76 of the Law on Occupational Safety and Hygiene 2015, the plan must consult the Executive Committee of the grassroots trade union and must be approved by the employer before implementation.

What does an occupational safety and hygiene plan include?
Technical measures for labor safety and fire and explosion prevention; measures for labor hygiene, prevention of harmful factors, and improvement of working conditions; provision of personal protective equipment; worker health care and periodic health check-ups; and propaganda and training on occupational safety and hygiene.

Related articles

• What is the penalty for an employer that fails to organize chemical safety training for 30 workers?
• When mistreated, may a worker unilaterally terminate the labor contract without prior notice?
• May a company require probation for an employee concluding a labor contract of less than 01 month?