Chương I Nghị định 130/2021/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree prescribes administrative violations, forms of penalty, fine amount, and remedial measures for each administrative violation; entitlement to produce offense notice, entitlement to impose penalties, and entitlement to adopt remedial measures depending on title for all administrative violations in social protection and children affairs.

2. Administrative violations in social protection and children affairs that are not specified under this Decree shall conform to regulations on imposing penalties for administrative violations in relevant sectors under state management.

Article 2. Regulated entities

1. Subjects of penalties for administrative violations that are individuals and organizations committing administrative violations in accordance with this Decree within the territory, the contiguous zones, exclusive economic zones, and continental shelves of the Socialist Republic of Vietnam, aboard aircrafts bearing Vietnamese nationality, aboard sea vessels bearing Vietnamese flags, unless otherwise regulated by International agreement to which Vietnam is a signatory, including:

a) Individuals committing administrative violations;

b) Organizations committing administrative violations: models of social assistance establishments; child protection service providers; religious establishments; incurring service providers; socio-political-occupational organizations, social organizations, socio-occupational organizations; enterprises, cooperatives, manufacturing and business facilities; cultural, recreational, and sports establishments; medical examination and treatment establishments; education institutions; vocational education institutions, and other service providers.

2. Individuals entitled to produce offense notice.

3. Individuals entitled to impose penalties.

4. Other individuals and organizations related to the imposing of penalties for administrative violations in accordance with this Decree.

Article 3. Prescriptive period for imposing penalties for administrative violations

1. Prescriptive period for imposing penalties for administrative violations in social protection and children affairs shall conform to Clause 1 Article 6 of the Law on Imposing Penalties for Administrative Violations.

2. Determination of completed administrative violations and ongoing administrative violations serving calculation of prescriptive period shall conform to Clause 1 Article 8 of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government elaborating on the Law on Imposing Penalties for Administrative Violations.

Article 4. Forms of penalty and remedial measures

1. For every administrative penalty in social protection and children affairs, the violating individuals or organizations must be met with either warning or monetary fine as a form of primary penalty.

2. Depending on nature and severity of the violations, violating organizations and individuals may also be met with one or multiple additional violations such as:

a) Suspend the operation of the social assistance establishments in part or in whole for 6 months to 12 months;

b) Suspend the operation of service providers, education institutions, medical establishments, cultural, recreational establishments, manufacturing and business facilities, storage of hazardous commodities or commodities with fire, explosion risks in part or in whole for 3 months to 6 months;

c) Suspend the business operation relating to the violation of individuals and organizations providing unsafe, unfriendly, harmful products or services for children or selling addictives, other stimulants, or unsafe, harmful food to children in part or in whole for 1 month to 3 months;

d) Revoke the license of manufacturing facilities and service providers operating on the internet;

dd) Confiscate exhibits and instrument of administrative violations.

3. In addition to penalties under Clause 1 and Clause 2 of this Article, violating individuals and organizations may be met with measures under Points a, dd, h, and i Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and the following remedial measures:

a) mandatory compensation for the lost or damaged aid;

b) mandatory refund of illegally collected money;

c) mandatory apology if required;

d) mandatory payment of medical examination and treatment costs (if any);

dd) mandatory payment of all costs for purchasing books, notebooks, and studying equipment for children;

e) mandatory dissemination of the correct information as per the law and revision of incorrect information;

g) mandatory cessation of adoption or change to a more appropriate form of adoption;

h) mandatory relocation of service providers, manufacturing facilities, storage of hazardous commodities and commodities with fire, explosion risks, child protection service providers, education institutions, medical establishments, and cultural, recreational facilities due to incorrect placement;

i) mandatory prompt adoption of measures to rectify the lack of safety;

k) recall, deletion, or removal of information on private life and secrets of children;

l) mandatory payment of Government’s support for the elderly;

m) mandatory payment of allowances for the right beneficiaries;

n) cessation of social protection at the social assistance establishments or concentrated care, nurture centers;

o) mandatory return of written confirmation of level of disability;

p) mandatory removal of news or articles on online newspapers, magazines, news report, electronic publications;

q) mandatory removal of information and services harmful to children, information and services fabricated or infringing legal rights and benefits of children;

r) mandatory deletion and removal of personal information of children;

s) mandatory dismantlement of illegally built constructions and equipment.

4. The adoption of remedial measures under Points b, g, and n Clause 3 of this Article shall be implemented as follows:

a) For measure under Point b: if the beneficiaries of the refund cannot be identified, the illegally collected money shall be submitted to state budget as per the law;

b) For measures under Points g and n: individuals entitled to impose penalties for administrative violations shall request competent authorities to issue decisions suspending social protection at the social assistance establishments or concentrated care, nurture establishments as per the law.

Article 5. Fine and maximum fine

1. The maximum fine imposed on an individual who commits administrative violations in social protection and children affairs is VND 50.000.000.

2. The fine for every administrative violation under Chapter II hereof shall be applicable to an individual offender, except for regulations under Articles 8, 9, 12, 13, 14, Clause 1 Article 16, Article 33, and Clause 2 Article 36 hereof. The fine applicable to an organization offender shall equal double the fine applicable to an individual offender.

3. The maximum fine for administrative violations specified under Articles 38 through 45 hereof is applicable to an individual offender; the maximum fine for administrative violations committed by an organization offender shall equal double the maximum fine applicable to an individual offender.