Chương IV Nghị định 130/2021/NĐ-CP: Điều khoản thi hành

Chapter IV

IMPLEMENTATION

Article 46. Entry into force

1. This Decree comes into force from January 01, 2022.

2. Decree No. 144/2013/ND-CP dated October 29, 2013 of the Government imposing penalties for administrative violations in social protection, assistance, and childcare affairs expires from the effective date hereof.

Article 47. Transition clauses

1. For an administrative violation regarding social protection, assistance, or children affairs that occurs before the effective date hereof:

a) If an offense notice has been produced but a decision imposing penalties has not been issued before the effective date hereof and the prescriptive period of the violation has expired or if the violation is not regulated by this Decree, do not impose penalties for the violation;

b) If an offense notice has been produced but a decision imposing penalties has not been issued before the effective date hereof and the prescriptive period has not expired in accordance with this Decree, impose penalties for the violation.

Penalties for the administrative violation in this example shall be imposed in accordance with regulations on imposing penalties for violations in social protection, assistance, and children affairs effective at the time in which the offense notice of the violation is produced; if penalties imposed in accordance with this Decree are more favorable for the offender, this Decree shall prevail;

c) In case a decision on imposing penalties for the administrative violation has been issued but not yet implemented or fully implemented, continue to implement in accordance with that decision;

d) In case of recidivism after being met with penalties for the administrative violation and cases specified in Points a, b, and c of this Clause do not apply, adopt this Decree to impose the penalties.

2. In case a decision on imposing penalties for administrative violations in social protection, assistance, and children affairs has been issued but not yet implemented or fully implemented before the effective date hereof where individual or organization met with the penalties files a complaint, rely regulations and law on imposing penalties for administrative violations effective at the time in which the decision on imposing penalties is issued to resolve.

Article 48. Responsibilities for implementation

1. Minister of Labor - War Invalids and Social Affairs shall provide guidelines on implementation of this Decree if necessary to meet state management requirements.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and relevant organizations and individuals are responsible for implementation of this Decree./.