Being harassed, especially sexually harassed at work, leaves many foreign employees in Vietnam unsure of their position: is the conduct actually unlawful, where can they complain, and will speaking up cost them their job? Vietnamese law protects victims on several levels: an absolute prohibition, the right to quit without notice, heavy administrative fines, and criminal liability where the elements of a crime are met.
Sexual harassment at work is strictly prohibited
Clause 9 of Article 3 of the Labor Code 2019 defines sexual harassment at the workplace as conduct of a sexual nature by any person toward another person at the workplace, which the latter does not want or accept. Clause 3 of Article 8 of the Labor Code 2019 lists sexual harassment at the workplace among the acts strictly prohibited in the labor domain. This matters because many people assume the law only covers physical acts; in reality, unwanted words, messages, or gestures of a sexual nature can all constitute harassment.
Internal labor rules must address harassment prevention
Point d of Clause 2 of Article 118 of the Labor Code 2019 requires internal labor rules to include provisions on preventing and combating sexual harassment at the workplace, together with handling procedures. Article 85 of Decree 145/2020/ND-CP gives detailed guidance: employers must record the prohibition of sexual harassment, describe the prohibited conduct specifically in line with the nature of the workplace, set out responsibilities, time limits and internal handling procedures, disciplinary forms for violators, and compensation for victims. In practice, many foreign-invested enterprises have issued their own internal complaint procedures; employees should read their company’s rules carefully to identify the first channel.
Victims may terminate the contract without prior notice
Point d of Clause 2 of Article 35 of the Labor Code 2019 allows an employee to unilaterally terminate the labor contract without prior notice when subjected to sexual harassment at the workplace. This is a direct protection for victims, unlike ordinary termination which requires 30 or 45 days’ notice. Conversely, Clause 2 of Article 125 of the Labor Code 2019 allows the employer to dismiss an employee who commits sexual harassment at the workplace as provided in the internal labor rules.
Administrative fines and criminal liability
Clause 3 of Article 17 of Decree 283/2026/ND-CP (which replaced Decree 12/2022/ND-CP from 10 September 2026) imposes a fine of 15,000,000 to 30,000,000 dong for sexual harassment at the workplace that does not reach the threshold of criminal prosecution. In addition to the fine, Point d of Clause 5 of Article 17 of Decree 283/2026/ND-CP imposes the remedial measure of compelling the violator to publicly apologize to the victim at the victim’s place of residence, at the workplace, at another location, or through the mass media, unless the victim submits a written request not to receive a public apology — a new measure that the former Decree 12/2022/ND-CP did not provide. Where the conduct meets the elements of a crime, the perpetrator may face criminal liability, including the crime of humiliating another person under Article 155 of the Penal Code 2015 and lewd acts under Article 146. Whether the elements of a crime are satisfied is determined by the competent procedural authorities based on the evidence of each case.
Steps a victim should take
First, preserve evidence: messages, emails, lawful recordings, witness statements, and a detailed log of time, place, and what happened. Second, file a complaint under the company’s internal procedure, in writing, keeping a copy. Third, if the company fails to act or the harasser is top management, submit a petition to the labor inspectorate or the police where the conduct occurred. Fourth, consider a civil lawsuit claiming compensation for harm to honor and dignity under the Civil Code 2015. Foreign employees need not worry about language barriers when complaining, as they are entitled to interpretation support during the process.
Frequently asked questions
1. My boss repeatedly sends suggestive messages, and after I refused, he started making my work difficult. Is this sexual harassment?
It shows the signs. Under Clause 9 of Article 3 of the Labor Code 2019, sexual harassment includes verbal conduct and conduct through electronic means with sexual content that the victim does not want or accept. Trading work benefits for sexual relations is one of the typical forms described in the guidance under Article 85 of Decree 145/2020/ND-CP.
2. I am a foreigner, and the company says the internal labor rules apply only to Vietnamese staff. Is that true?
No. The Labor Code 2019 and the company’s internal labor rules apply to every employee working at the enterprise regardless of nationality. Foreign employees enjoy the same protection as Vietnamese employees against sexual harassment at the workplace.
3. What if the company fires me for reporting harassment?
Dismissing an employee for reporting harassment is unlawful. On the contrary, an employee subjected to sexual harassment may unilaterally terminate the contract without prior notice under Point d of Clause 2 of Article 35 of the Labor Code 2019. If unlawfully dismissed, you may complain and sue for compensation.
4. What is the fine for sexual harassment at the workplace?
Under Clause 3 of Article 17 of Decree 283/2026/ND-CP (which replaced Decree 12/2022/ND-CP from 10 September 2026), the fine is 15,000,000 to 30,000,000 dong for sexual harassment at the workplace that does not reach the criminal threshold. The violator must also publicly apologize under Point d of Clause 5 of Article 17 of Decree 283/2026/ND-CP (unless the victim submits a written request otherwise) and may face dismissal discipline under Clause 2 of Article 125 of the Labor Code 2019.
5. Where should I complain if the company covers up for the harasser?
You may petition the labor inspectorate of the local state labor authority, or report to the police if the conduct shows signs of a crime such as humiliating another person under Article 155 of the Penal Code 2015. In parallel, you may file a civil claim for damages.
If you are being harassed at work and need discreet advice, an assessment of your evidence, and representation before the company or the authorities, FLAT LAW FIRM is ready to help you protect your rights safely and lawfully.
This article has been quality-reviewed by the FLAW AI Legal Council
This article provides general legal information and does not substitute advice for specific cases.
