False recruitment advertising: Legal risks and compliance guidance

Long Phan Consulting observes a growing number of businesses posting recruitment notices with inflated salaries or misleading job descriptions to speed up hiring. This practice constitutes false recruitment advertising and may violate Article 16 of the Labor Code 2019 and Clause 9, Article 8 of the Law on Advertising 2012. Businesses may face substantial administrative fines or criminal liability for repeat offenses. This article examines the recruitment content businesses must review and the competent enforcement authorities under Vietnam’s labor and advertising laws.

Definition of False Recruitment Advertising and the Rationale for Control

False recruitment advertising occurs when a job posting misrepresents the actual job, salary, title, or working conditions that a business can offer a candidate. Two parallel groups of legal rules govern this conduct.

First, Article 16 of the Labor Code 2019 requires employers to truthfully inform employees of the job, workplace, working conditions, working hours, rest periods, and occupational safety. This duty also covers wages, form of payment, social insurance, and other matters directly related to signing a labor contract that the employee requests. This duty arises from the moment a recruitment notice is posted, not only at contract signing.

Second, under advertising law, a recruitment notice is also a form of advertising for a business’s employment services. Clause 9, Article 8 of the Law on Advertising 2012 is now amended by Law No. 75/2025/QH15, effective from January 1, 2026. It prohibits advertising that is inaccurate or misleading about an organization’s or individual’s business capacity, service capacity, quality, utility, or announced method of service. This provision applies directly to job descriptions and benefit commitments in recruitment notices.

When both duties are breached simultaneously, a business faces not only administrative sanctions but also direct labor dispute risk with candidates or employees who signed contracts based on misleading content. Reviewing recruitment content should therefore be treated as a mandatory compliance step, not an optional part of the human resources process.

Content Businesses Must Review Before Posting Job Advertisements

To avoid violating Article 16 of the Labor Code 2019 and Clause 9, Article 8 of the Law on Advertising 2012, businesses must compare each group of content below against actual job conditions. This review must occur before publishing a recruitment notice on any channel. This is a content-level review, carried out before the format-approval process described later.

Job Information, Location, and Working Conditions

The job description in the recruitment notice must match the internally approved job description. This falls within the “information on the job, workplace, and working conditions” that Article 16 of the Labor Code 2019 requires employers to disclose truthfully. Workplace location, working hours, and support equipment must be stated accurately, without exaggerating working conditions to attract candidates.

Salary, Bonuses, and Benefits

The announced salary must be based on the business’s actual pay scale or remuneration policy, consistent with the duty to disclose “wages and form of payment” under Article 16 of the Labor Code 2019. If the salary includes multiple components, such as base pay, allowances, and commission, the notice must separate them clearly. Combining figures to suggest a higher income also falls within the prohibition under Clause 9, Article 8 of the Law on Advertising 2012.

Job Title, Rank, and Competency Requirements

The job title posted must match the actual position, without using a more impressive title than the real rank to appeal to candidates’ expectations. Competency requirements must reflect the actual scope of the role. Businesses should avoid lowering stated requirements and then assigning a workload far beyond the original description. This pattern also constitutes misleading information about the method of service under Clause 9, Article 8 of the Law on Advertising 2012.

Misleading Commitments and Promises

Phrases such as “sky-high income,” “easy work, high pay,” or “high income with no experience required” are typical signs of false recruitment advertising, as they lack verifiable grounds. If a competent authority requests an explanation under Clause 9, Article 8 of the Law on Advertising 2012, the business must prove the basis for such commitments. Failure to do so means the conduct will be classified as misleading advertising and sanctioned under the penalty levels set out later in this article.

Competent Authorities for Inspecting and Handling False Recruitment Advertising

When a candidate files a complaint or a periodic inspection occurs, two groups of authorities intervene depending on the aspect violated. The advertising management authority handles posted content, while the labor management authority handles conduct related to recruitment and contract signing. Identifying the correct authority helps businesses respond proactively rather than reactively when asked to explain.

For advertising management, Clause 2, Article 4 of the Law on Advertising 2012 assigns the Ministry of Culture, Sports and Tourism to manage advertising activities nationwide. This assignment is detailed in Decree No. 342/2025/ND-CP, effective from February 15, 2026. Under this decree, provincial People’s Committees are responsible for inspecting, examining, and handling advertising violations within their local jurisdiction, including recruitment notices posted on platforms under their management.

For labor management, the authority to sanction violations related to recruitment, labor contract signing, and labor management is now set out in Decree No. 283/2026/ND-CP. This decree takes effect from September 10, 2026, replacing Decree No. 12/2022/ND-CP. It assigns the power to record and sanction violations to labor inspectors and other authorized titles under the decree’s chapter on sanctioning authority.

Internal Review Process for Recruitment Advertising Content Before Posting

Having identified the mandatory review content and the competent authorities, businesses should establish an internal review process that operates regularly and applies to every recruitment notice before it is published externally. The process below consists of five steps, carried out in the following order.

1. Compare the recruitment notice against the actual job description. The person responsible for recruitment checks each item in the notice against the job description approved by the department head. This step ensures compliance with the duty to provide truthful job information under Article 16 of the Labor Code 2019.
2. Verify the basis for salary, bonus, and benefit commitments. Every published figure must be supported by an internal document, such as a pay scale or bonus policy. This avoids violating Clause 9, Article 8 of the Law on Advertising 2012 on advertising content inconsistent with what has been announced.
3. Review language prone to exaggeration or misunderstanding. Remove overstated, unverifiable phrases about income or promotion opportunities before the notice is approved for posting.
4. Obtain internal approval before publishing or promoting the notice. The recruitment notice must pass at least one level of approval, from human resources or the legal department, before publication on any platform, including social media.
5. Retain records and evidence of published content. Keep screenshots, original files, and posting dates as evidence for explanation if inspected under Decree No. 342/2025/ND-CP or subject to a complaint under Decree No. 283/2026/ND-CP.

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Penalties for False Recruitment Advertising

Penalties depend on the violation: advertising-sector fines apply under Decree No. 38/2021/ND-CP, labor-sector fines apply under Decree No. 283/2026/ND-CP, and criminal liability may arise under the Penal Code 2015 for repeat or serious violations.

The organizational penalty is twice the individual penalty under the general principle in these decrees. A business may also face remedial measures, such as correcting or removing violating content under Decree No. 38/2021/ND-CP, or refunding amounts unlawfully collected from employees under Article 11 of Decree No. 283/2026/ND-CP.

Legal and Business Risks of Failing to Review Recruitment Content

Skipping the recruitment content review step exposes a business to three groups of risk at once, ranging from state sanctions to reputational damage that is difficult to measure. The three points below describe each risk group in order of severity.

Risk of Administrative Penalties and Criminal Prosecution

As shown in the penalty table above, a business may be fined up to VND 160 million for a single violation of Clause 5, Article 34 of Decree No. 38/2021/ND-CP. This is in addition to the risk of prosecution under Article 197 or Article 174 of the Penal Code 2015 for repeat offenses or signs of misappropriating an employee’s property.

Risk of Labor Disputes and Complaints from Candidates or Employees

When the actual job or salary does not match what the recruitment notice announced, employees have grounds to claim a breach. The business would have breached its duty to provide truthful information under Article 16 of the Labor Code 2019, giving employees a right to complain, sue for compensation, or unilaterally terminate the labor contract.

Risk to Employer Brand Reputation

On employer review platforms, feedback about false recruitment advertising spreads quickly and directly affects a business’s ability to attract talent in the long run. This risk exists even before any competent authority under Decree No. 342/2025/ND-CP or Decree No. 283/2026/ND-CP imposes an official penalty.

Recruitment Content Review and Authorization Legal Services

To minimize risks arising from misleading recruitment advertisements, businesses should consider using dedicated legal services instead of relying solely on internal experience for manual reviews. Long Phan Consulting assists businesses with the following specific matters:

• Advising on labor law and employers’ legal obligations;
• Advising on recruitment procedures, employee onboarding, and information disclosure to employees;
• Reviewing recruitment advertisements regarding job duties, workplace location, working conditions, salary, bonuses, and benefits;
• Reviewing commitments concerning income, job titles, career advancement opportunities, and recruitment conditions before publication;
• Providing legal advice on advertising, communications, and the promotion of employment opportunities;
• Developing recruitment content review procedures and legal checklists for human resources departments;
• Drafting and reviewing recruitment regulations, HR policies, and forms used throughout the recruitment process;
• Advising on, drafting, and reviewing employment contracts, agreements, and documents relating to employment relationships;
• Reviewing contracts, compensation policies, and internal documents to ensure consistency with information previously provided to candidates;
• Advising on the handling of complaints raised by employees or candidates concerning recruitment information;
• Advising on the resolution of labor disputes arising from recruitment, contract execution, and employment relationships;
• Assisting businesses in preparing documents, records, and explanations when requested by competent authorities;
• Representing or acting under authorization for businesses in working with labor authorities, advertising authorities, and other competent agencies;
• Advising on remedial measures, corrections, amendments, or removal of recruitment content showing signs of violations;
• Conducting an overall review of recruitment and human resources management processes to minimize legal risks for businesses.

Clients may send their case documents via email info@longphanpmt.com or Zalo 0906.735.386 for a preliminary assessment.

Frequently Asked Questions About Misleading Recruitment Advertising

Below are common questions raised by businesses and employees when considering the sanctions applicable to misleading recruitment advertising, answered based on the legal grounds presented in the preceding sections.

Conclusion

Misleading recruitment advertising is not merely a matter of business ethics; it may constitute a violation subject to strict enforcement under labor and advertising laws, particularly following the effective date of Decree No. 283/2026/ND-CP on September 10, 2026. Businesses should establish internal review procedures and verify each recruitment advertisement against actual employment conditions, Article 16 of the 2019 Labor Code, and Clause 9, Article 8 of the 2012 Law on Advertising before publication. This can help minimize legal risks and protect the reputation of the employer brand. Long Phan Consulting is ready to assist businesses in reviewing recruitment content and developing legally compliant recruitment procedures. Contact 1900636389 for assistance.