This document discusses criminal liability for unlawful dismissals under Vietnamese law. It summarizes that criminal liability has existed since 1985 but was rarely pursued due to vague definitions, light sanctions, and perceived lack of necessity. The 2015 Penal Code increased sanctions up to 3 years imprisonment for dismissals causing serious consequences. It clarified conditions but left "serious consequences" undefined. The changes aim to make sanctions more reasonable while criminal prosecution remains uncommon in practice. Employers are advised to avoid unlawful dismissals and consider employee situations to minimize criminal risks.

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Is criminal liability for unlawful dismissals NEW in the 2015 Penal Code?

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The 1985 Penal Code
Article 123. Illegally forcing employees to leave their jobs
Those who, for their own benefits or other personal motives, illegally force employees to
leave their jobs, shall be subject to warning, non-custodial reform for up to 01 year or a
prison term of between 03 months and 01 year.
The 1999 Penal Code also has a similar provision in Article 128.
Criminal liability for unlawful dismissals has always been available under the Vietnamese law.
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Why has almost no one noticed this matter if it has already been regulated under
the law since 1985?
There are hardly any criminal cases against unlawful dismissals in practices
No guidance on which situations the prosecutors should pursue the
criminal charge and which situations they should not?
Before the 2015 Penal Code, the maximum sanction is only 01 year of
imprisonment, so it is less prioritized than other serious crimes.
Normally, people do not consider criminal liability necessary, because the
employee can obtain huge compensation via civil lawsuit.
VAGUE
VERY LIGHT SANCTION
UNNECCESSARY
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What is the current regulation regarding such criminal liability?
Article 162, the 2015 Penal Code (amended in 2017)
• Conditions for the offense:
Committing one of the following acts for the offender’s own benefits or other personal motives:
 Illegally issuing a decision on forcing a civil servant, public employee to leave his/her job;
 Illegally dismissing an employee; or
 Forcing or threatening an employee, civil servant, public employee to make that person leave his/her
job.
Leading to serious consequences (no definition yet).
• Minimum sanction: a fine of VND10,000,000.
• Maximum sanction: 03 years of imprisonment.
• Additional sanction (optional): being prohibited from holding certain positions for 01 year to 05 years.
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What is new in the current regulation?
1. Increasing the criminal liability (into up to 3 years of imprisonment) in some extreme serious cases:
The crime results in the suicide of the employee;
Committed the crime against 02 employees or more;
The employee is a pregnant woman and the employer knows this fact;
The employee is a woman raising a child under 12 months of age;
Caused other very serious consequences or extremely serious consequences (no definition yet).
These changes are mainly to make the sanctions more reasonable. There is nothing to indicate that the Government
has spent more attention to criminal prosecution of unlawful dismissals (there is still almost no cases in practice).
2. Adding more options of sanctions (e.g. monetary penalty) to give more flexibility for the Court.
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Vietnam generally does not find
criminal prosecution of unlawful
dismissals necessary in most
cases.
Initially under the 2015 Penal Code
Unlawful dismissal may constitute a crime if
causing hardship to the employee or his/her
family; OR
Leading to a strike.
After the 2017 Amendment
Unlawful dismissal may constitute a crime if
causing “serious consequences” (no
definition of “serious consequences” yet).
The criminal liability available under the
law is mainly a precaution for serious
cases in the future that may make
criminal prosecution necessary.
What is new in the current regulation?
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What should the employers do to minimize the risk of criminal liability?
Avoid conducting unlawful dismissals
Carefully consider the personal situation of the concerned employee and avoid causing public
outcry
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