Vietnam to fine workplace sexual harassment offenders up to $1,140

Decree No. 283/2026/ND-CP, issued on July 15 and effective on September 10, provides administrative penalties for violations in the fields of labor, social insurance, and the employment of Vietnamese workers abroad under contract.

Under the decree, those who commit workplace sexual harassment shall face fines ranging from VND15 million ($570) to VND30 million if the violation does not rise to the level of criminal prosecution.

They can also be required to make a public apology at the victim's place of residence, workplace or another location, or through the mass media, unless the victim submits a written request not to do so.

Under the Labor Code and Decree No. 145/2020/ND-CP, which guides the implementation of relevant provisions of the Code, workplace sexual harassment may include any conduct of a sexual nature that is unwanted or unwelcome.

Such conduct includes proposals, requests, suggestions, threats or coercion to exchange sexual relations for work-related benefits, as well as other sexually related conduct that is not intended as an exchange but creates an uncomfortable or unsafe working environment and harms the victim's physical or mental well-being, work performance or life.

Sexual harassment may take physical, verbal or non-verbal forms.

Physical forms include sexual or sexually suggestive acts, gestures, physical contact or other actions involving the body.

Verbal forms include sexually explicit or suggestive remarks made directly, by phone or through electronic means.

Non-verbal forms include body language, as well as displaying or describing sexually explicit materials or materials related to sexual activity, either directly or through electronic means.

The Labor Code and Decree No. 145/2020 also broadly define a workplace as any location where an employee actually works under an agreement with or assignment from the employer, as well as places or spaces related to work, including venues for workshops and training sessions, locations visited during official business trips, and accommodation provided by the employer.

Employers are responsible for implementing and overseeing measures to prevent workplace sexual harassment, providing employees with relevant legal information and education, and promptly addressing reported cases while protecting the confidentiality, dignity, reputation and safety of victims and other parties involved.

Employees are required to comply with prevention rules, help build a harassment-free workplace and help prevent or report cases of harassment, while grassroots employee representative organizations are responsible for helping develop and monitor such measures, providing information, advice and representation, and conducting related awareness and training activities.

Under current labor regulations, employers with 10 or more employees must issue written internal labor regulations that include provisions on preventing workplace sexual harassment and procedures for handling such conduct.

Employees subjected to workplace sexual harassment may unilaterally terminate their employment contracts without prior notice, while those who commit such acts may face dismissal.

In addition to penalties for workplace sexual harassment, Decree No. 283/2026 imposes fines of up to VND25 million ($950) on employers who retain workers' original identity documents, diplomas or certificates, or require them to provide money or other assets as security.

Other notable penalties include fines of VND500,000 ($19) to VND5 million ($190) for probation violations, up to VND10 million ($380) for certain forms of employment discrimination, and VND20 million ($760) to VND40 million ($1,520) for illegally using or sharing unpublished worker or labor market data.

Violations related to employment services and the fraudulent or illegal handling of employment-related documents and data can lead to fines of VND45 million ($1,710) to VND70 million ($2,660).