Chapter 3
SANCTIONING COMPETENCE AND PROCEDURES
Article 40. Competence of presidents of Peoples Committees at different levels to sanction administrative violations in the social insurance domain
1. Presidents of Peoples Committees of urban districts, rural districts, provincial towns or cities have the powers:
a/ To impose caution or a fine of up to VND 20,000,000;
b/ To apply additional sanctioning forms specified in Clause 2, Article 7 of this Decree;
c/ To apply remedies specified in Clause 3, Article 7 of this Decree.
2. Presidents of provincial/municipal Peoples Committees have the powers:
a/ To impose caution or a fine of up to VND 20,000,000;
b/ To apply additional sanctioning forms specified in Clause 2, Article 7 of this Decree;
c/ To apply remedies specified in Clauses 3 and 4, Article 7 of this Decree.
Article 41. Labor inspectors competence to sanction administrative violations in the social insurance domain
1. Labor inspectors, while performing the official duties, have the powers:
a/ To impose caution or a fine of up to VND 200,000;
b/ To confiscate material evidences, means used for commission of administrative violations, which are valued at up to VND 2,000,000;
c/ To apply remedies specified in Clause 3, Article 7 of this Decree.
2. Chief labor inspectors of the provincial/municipal Service level have the powers:
a/ To impose caution or a fine of up to VND 20,000,000;
b/ To apply the additional sanctioning form defined in Clause 2, Article 7 of this Decree;
c/ To apply remedies specified in Clause 3, Article 7 of this Decree.
3. The chief inspector of the Ministry of Labor, War Invalids and Social Affairs has the powers:
a/ To impose caution or a fine of up to VND 20,000,000;
b/ To apply additional sanctioning forms defined in Clause 2, Article 7 of this Decree;
c/ To apply remedies defined in Clause 3, Article 7 of this Decree.
Article 42. Principles for determination of competence to sanction social insurance- related administrative violations
1. For social insurance- related administrative violations falling under the handling competence of many persons, the sanctioning thereof shall be carried out by the first recipient of the cases as provided for by this Decree.
2. In case of sanctioning a person who commits many acts of administrative violation, the sanctioning competence is determined on the following principles:
a/ If the sanctioning form and level prescribed for each act fall under the sanctioners competence, the sanctioning competence still belong to such sanctioner;
b/ If the sanctioning form and level prescribed for one of those acts go beyond the sanctioners competence, such sanctioner must transfer the dossier of the violation case to authorities having the sanctioning competence;
c/ If those acts fall under the sanctioning competence of many persons in different agencies, the sanctioning competence belongs to the competent president of the Peoples Committee of the locality where the violations are committed.
Article 43. Authorized sanctioning of administrative violations
If the persons having the competence to sanction administrative violations, who are defined in Articles 40 and 41 of this Decree, are absent, their authorized deputies are competent to sanction administrative violations and bear responsibility for their decisions.
Article 44. Procedures for sanctioning administrative violations and enforcing sanctioning decisions
The procedures for administrative sanctioning of acts of violating the social insurance law and enforcement of sanctioning decisions comply with the provisions of Articles 54 thru 68, Chapter VI of the July 2, 2002 Ordinance on Handling of Administrative Violations of the National Assembly Standing Committee.
Article 45. Ensuring the fulfillment of employers obligations
1. Within 30 days after the issuance of decisions, the persons with sanctioning competence may apply administrative measures prescribed by law to compel employers to fulfill their financial obligations under the decisions to sanction social insurance-related administrative violations under the provisions of this Decree. Past this time limit, if employers fail to fulfill their obligations, the above-mentioned competent persons may request banks, other credit institutions or state treasuries where the employers open their accounts to deduct from their deposit accounts the unpaid or late paid amounts and interests thereon for payment to laborers, social insurance organizations or relevant agencies or organizations.
2. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Finance Ministry, the State Bank of Vietnam and concerned agencies and organizations in, guiding the implementation of Clause 3, Article 138 of the Social Insurance Law.
Tìm kiếm
Nghị định 135/2007/NĐ-CP (Bản Word)