In what cases is forced labor criminally prosecuted?

Forced labor is the use of force, threats of force, or other means to compel workers to work against their will.

Employers who commit acts of forced labor causing serious consequences may be prosecuted under Article 297 of the 2015 Penal Code (amended and supplemented in 2017), as follows:

1. Anyone who uses force, threatens to use force or other means to force another person to work in one of the following cases shall be subject to a fine of VND 50,000,000 to VND 200,000,000, non-custodial reform for up to 03 years or imprisonment of 06 months to 03 years:

a) Having been administratively sanctioned for this act or having been convicted of this crime, not having had the criminal record expunged, and still committing the violation;

b) Causing injury or damage to the health of 01 person with a body injury rate of 31% to 60%;

c) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 31% to 60%.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:

a) Organized;

b) For people under 16 years old, women known to be pregnant, the elderly, people with severe disabilities or especially severe disabilities;

c) Causing death;

d) Causing injury or damage to the health of 01 person with a body injury rate of 61% or more;

d) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%;

e) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 05 years to 12 years:

a) Causing the death of two or more people;

b) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people being 122% or more.

4. The offender may also be fined from VND 30,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.

Thus, the offender of forced labor can be sentenced to a maximum of 12 years in prison. In addition, the offender can be fined from VND 30,000,000 to VND 100,000,000, banned from holding a position, practicing a profession or doing certain work from 01 year to 05 years.