Short answer: NO. A company cannot be fined for “failing to register” its salary scale, simply because salary-scale registration was abolished on 01/01/2021. But do not celebrate yet: abolishing registration did not abolish every obligation. Current law still requires companies to formulate, consult on and publicly announce salary scales and tables — and breaching these three duties does attract real fines, up to 10–20 million VND for organizations.
Where the misunderstanding comes from: two eras, two regimes
The myth that “unregistered salary scales get fined” dates back to the 2012 Labour Code era. At that time, clause 2 Article 93 of the 2012 Labour Code together with Decree 49/2013/ND-CP imposed a registration procedure for salary scales and tables with the state labour management authority. Many companies and HR officers still think in those terms.
From 01/01/2021, the 2019 Labour Code (45/2019/QH14) took effect and completely abolished the registration procedure. Since then, “salary-scale registration” no longer exists in Vietnamese labour law. The question “will we be fined for not registering” is therefore built on a false premise: there is no procedure to register under, so there can be no fine for “failing to register.”
Note: the old instruments (the 2012 Labour Code, Decree 49/2013/ND-CP) are now of historical reference value only; for current compliance, companies rely on the 2019 Labour Code and Decree 283/2026/ND-CP.
The three duties that genuinely remain
Under Article 93 of the 2019 Labour Code, companies have three duties concerning salary scales, salary tables and labour norms:
- 1. Formulate salary scales, salary tables and labour norms;
- 2. Consult the grassroots employee representative organization (where one exists) when formulating them;
- 3. Publicly announce them at the workplace before implementation (clauses 1 and 3, Article 93).
In addition, clause 2 Article 93 sets two quality requirements for labour norms: norms must be set at an average level achievable by the majority of employees, and must be trial-applied before official promulgation. An unachievable norm, however well announced, does not satisfy the law.
A notable change from the old era: the former rule requiring a minimum 5% gap between salary grades (under Decree 49/2013/ND-CP) has been abolished. Companies now decide for themselves the number of grades and the gaps between them, provided the wage-payment principles of the 2019 Labour Code are observed.
Fines for breaching the three duties
What is punishable is not “failure to register” but “failure to formulate / publicly announce / consult on” salary scales, salary tables and labour norms. Under clause 1 Article 23 of Decree 283/2026/ND-CP (effective 10/9/2026, replacing Decree 12/2022/ND-CP), an employer committing any of the wage-related violations is fined 5,000,000 to 10,000,000 VND.
This is where many companies stumble — a classic trap when reading the text: the 5–10 million VND band applies to individuals. Under clause 1 Article 7 of Decree 283/2026/ND-CP, the fine for an organization is twice the fine for an individual. Since a company is an organization, the actual exposure is 10,000,000 to 20,000,000 VND. Whenever reading a fine schedule, always check whether the figure quoted is the individual rate or the doubled organizational rate.
Remediation checklist for companies that have done nothing yet
If your company still has no salary scale in place, proceed as follows:
- Step 1 — Formulate now salary scales, salary tables and labour norms suited to actual production and business; decide the number of grades and gaps yourself (no more 5% constraint);
- Step 2 — Consult the grassroots employee representative organization (where one exists) and keep minutes or documents evidencing the consultation;
- Step 3 — Trial-apply the labour norms before official promulgation, ensuring the average level is achievable by most employees;
- Step 4 — Publicly announce at the workplace before implementation, with evidence of the announcement (posting minutes, company-wide email, etc.);
- Step 5 — Keep complete records: the promulgated salary-scale documents, consultation minutes, announcement evidence — for production during inspections.
A note on the competent authority: after the 2025 administrative restructuring, the provincial labour authority is the Department of Home Affairs; companies should no longer use the name “Department of Labour – Invalids and Social Affairs” in current procedures and documents.
Conclusion
Failing to register a salary scale attracts no fine — because there has been no registration procedure since 01/01/2021. But failing to formulate, consult on and publicly announce a salary scale does attract fines, at 10 to 20 million VND for companies (organizations) under Decree 283/2026/ND-CP. Distinguishing these two groups of duties is the simplest way for a company to stay both calm and compliant.
Legal sources
- Labour Code 45/2019/QH14 (cited per consolidated document 18/VBHN-VPQH 2026): Article 93 (formulating salary scales, tables and labour norms).
- Decree 283/2026/ND-CP (effective 10/9/2026, replacing Decree 12/2022/ND-CP): clause 1 Article 7 (organizational fine is twice the individual fine), clause 1 Article 23 (wage violations: 5–10 million VND for individuals).
Unsure whether your company has met its salary-scale obligations in Vietnam? Reach us via the Contact page of FLAT Law Firm for a review of your payroll compliance and help completing the required dossiers correctly.
The legal content of this article is reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
For reference only, not legal advice.