When employers violate worker protection regulations — from occupational safety and health to forced labour or unlawful employment of minors — where is the line between administrative sanctions and criminal prosecution? The general rule: violations are first subject to administrative sanctions under Decree 283/2026/ND-CP (replacing Decree 12/2022 from 10/9/2026). Only when consequence thresholds are reached (death, bodily injury percentages, property damage) or the offender was already sanctioned/convicted and reoffends does the conduct constitute the crimes under Articles 295, 296 and 297 of the Penal Code — carrying up to 12 years’ imprisonment.
Worker protection violations: when administrative, when criminal?
| Criterion | Administrative (Decree 283/2026/ND-CP) | Criminal (Arts. 295, 296, 297 Penal Code) |
|---|---|---|
| Trigger | Breach of management regulations, no consequence required | Quantified consequences (death/injury/damage) required, or already sanctioned/convicted and reoffending (Arts. 296, 297); Clause 4 of Art. 295 is the exception (real danger) |
| Heaviest penalty | Fines (organisations pay double the individual level), suspension of operations, revocation of practising certificates | Imprisonment up to 12 years |
| Subject | Individuals + organisations/businesses | Individuals only (these 3 offences are not in Article 76 — legal entities bear no criminal liability) |
| Bridge | “Already administratively sanctioned and reoffending” → constitutes the offence (point a, Clause 1 of Arts. 296, 297) | |
Administrative sanctions under Decree 283/2026/ND-CP
Decree 283/2026/ND-CP (effective 10/9/2026) replaced Decree 12/2022/ND-CP — the most-cited labour administrative-sanction decree online has now expired. Key points:
- Fine levels in the decree are stated for individuals; organisations are fined double (Clause 1, Article 7 of Decree 283/2026);
- Many violations are scaled by the number of affected employees;
- Example: luring, deceiving or false advertising to exploit or force labour, not reaching criminal level — Article 11: fine of VND 50–75 million (individual);
- Violations of occupational safety and health training rules: Article 36;
- Limitation period for administrative sanctioning: 01 year.
Violating occupational safety rules — Article 295 of the Penal Code: 4 frames and consequence thresholds
Article 295 — violating regulations on occupational safety, occupational hygiene and safety in crowded places (amended by point 97, Article 1 of Law 12/2017). This is a result-based offence: prosecution requires actual consequences meeting quantified thresholds. Bodily injury percentages must be determined by forensic examination.
| Frame | Consequence threshold | Penalty |
|---|---|---|
| Clause 1 | Causing death; injuring 01 person with bodily injury rate of 61% or more; injuring 02+ persons with combined rate 61%–121%; property damage of VND 100 million to under 500 million | Fine of VND 20–100 million; non-custodial reform up to 03 years; or imprisonment 01–05 years |
| Clause 2 | Causing death of 02 persons; combined injury rate 122%–200%; property damage of VND 500 million to under 1.5 billion; being a person responsible for occupational safety and health | Imprisonment 03–07 years |
| Clause 3 | Causing death of 03+ persons; combined injury rate of 201% or more; property damage of VND 1.5 billion or more | Imprisonment 06–12 years |
| Clause 4 (special) | Violation creating a real possibility of the Clause 3 (a, b, c) consequences which, if not promptly prevented, would materialise — criminally liable even before any consequence occurs | Non-custodial reform up to 02 years or imprisonment 03 months–02 years |
| Clause 5 (additional) | — | Fine of VND 10–50 million; ban from holding positions, practising or doing certain jobs for 01–05 years |
Employing workers under 16 — Article 296, and forced labour — Article 297
Article 296 — violating regulations on employing workers under 16 years old (amended by point 98, Article 1 of Law 12/2017): employing workers under 16 in heavy, hazardous work or work involving exposure to toxic substances per the State’s list.
| Frame (Art. 296) | Conditions | Penalty |
|---|---|---|
| Clause 1 | (a) Already administratively sanctioned for this act or convicted of this offence, criminal record not yet expunged, and reoffending; (b) injuring 01 person at 31%–60%; (c) injuring 02+ persons with combined rate 31%–60% | Fine of VND 30–200 million; non-custodial reform up to 03 years; or imprisonment 06 months–03 years |
| Clause 2 | Reoffending 02+ times; causing death; injury of 61% or more; 02 persons with combined 61%–121% | Imprisonment 03–07 years |
| Clause 3 | Causing death of 02+ persons; 02 persons with combined rate of 122% or more | Imprisonment 05–12 years |
| Clause 4 (additional) | — | Fine of VND 10–50 million; ban from practising or doing certain jobs for 01–05 years |
Article 297 — forced labour (amended by Clause 99, Article 1 of Law 12/2017): using force, threatening force or other tricks to compel another person to work.
| Frame (Art. 297) | Conditions | Penalty |
|---|---|---|
| Clause 1 | (a) Already administratively sanctioned for this act or convicted of this offence, criminal record not yet expunged, and reoffending; (b) injury rate 31%–60%; (c) 02 persons with combined 31%–60% | Fine of VND 50–200 million; non-custodial reform up to 03 years; or imprisonment 06 months–03 years |
| Clause 2 | Organised commission; against a person under 16, a pregnant woman, an elderly, weak, seriously or especially seriously disabled person; causing death; injury of 61% or more; dangerous recidivism | Imprisonment 02–07 years |
| Clause 3 | Causing death of 02+ persons; 02 persons with combined rate of 122% or more | Imprisonment 05–12 years |
| Clause 4 (additional) | — | Fine of VND 30–100 million; ban from holding positions, practising or doing certain jobs for 01–05 years |
Subtle age trap: the 2019 Labour Code classifies minor workers by the 13/15/18 thresholds, but Article 296 of the Penal Code uses “under 16” — unlawfully employing workers aged 16 to under 18 is administrative only, not Article 296. Never write that “employing workers under 18 is a criminal offence”.
The special point: criminal liability even before any consequence occurs
Clause 4 of Article 295 is a rare exception to the result-based principle: a safety violation creating a real possibility of Clause 3 consequences (death of 03+ persons; combined injury of 201%+; damage of VND 1.5 billion+) which would materialise if not promptly prevented — then even with no consequence yet, the violator may face non-custodial reform up to 02 years or imprisonment of 03 months to 02 years. This is a “pre-emptive” rule against catastrophic workplace accidents.
Who bears criminal liability when a workplace accident happens?
- Individuals only: Articles 295, 296 and 297 are not in Article 76 of the Penal Code — commercial legal entities bear no criminal liability for these 3 offences;
- Those prosecuted are typically persons responsible for occupational safety and health or direct managers — which is simultaneously an aggravating frame element (point d, Clause 2 of Article 295);
- The business (legal entity) faces only administrative sanctions: fines (double the individual level), suspension of operations, certificate revocation.
What should businesses do to stay compliant?
- Maintain occupational safety and health management records under the Law on Occupational Safety and Health (Law 84/2015/QH13);
- Organise periodic OSH training for employees (violations sanctioned under Article 36 of Decree 283/2026);
- Organise periodic health check-ups and occupational disease screening;
- Report and investigate workplace accidents as prescribed — concealing accidents aggravates liability;
- Never employ workers under 16 in heavy, hazardous or toxic work; never use any form of forced labour.
Need an occupational-safety compliance review? Contact FLAT Law Firm for advice.
The information above is for reference only and does not constitute legal advice.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.