Chapter I.
GENERAL PROVISIONS
Article 1. Scope of application
1. The Decree stipulates acts of administrative violations, sanctioning forms and levels, sanction competence, remedies, procedures for sanctioning administrative violations in the sending of Vietnamese workers abroad for employment.
2. Administrative violations in the sending of Vietnamese workers abroad for employment include:
a) Acts of violating regulations on operational conditions of licensed enterprises;
b) Acts of violating regulations on contract registration, reporting on sending of Vietnamese workers abroad for employment;
c) Acts of violating regulations on selecting, signing and liquidating contracts with workers;
d) Acts of violating regulations on skill and foreign language training, necessary knowledge provision for workers;
e) Acts of violating regulations on collecting, paying, managing, using brokerage money, deposit and service money; contribution to the Fund for Overseas employment support;
f) Acts of violating regulations on organizing the sending of Vietnamese workers abroad for employment and managing workers in receiving countries;
g) Acts committed by workers under overseas employment contract and other related subjects
Article 2. Subjects of application
1. Companies, State-owned non-profit organizations, off-shore investment organizations and individuals sending Vietnamese workers abroad for employment; Vietnamese organizations, individuals involving in the sending of Vietnamese workers abroad for employment; workers under overseas employment contract intentionally or unintentionally violate regulations on sending Vietnamese workers abroad, which, however, do not constitute a criminal offence and, as stipulated by this Decree, must be administratively sanctioned.
2. Violations on the sending of Vietnamese workers abroad for employment committed by public servants in performing their duties shall be handled according to regulations on public servants; in cases where the violations have signals of criminal offence, they shall be criminally prosecuted under laws and regulations.
Article 3. Extenuating and aggravating circumstances
1. Extenuating circumstances:
a) The violators have prevented or reduced harms caused by the violations or volunteer to take remedies to compensate for damages;
b) The violators have voluntarily reported their violations, honestly repenting their mistakes;
c) Violations are committed where the violators are mentally incited by the illegal acts of the other persons;
d) Violations are committed due to being forced to or due to material or spiritual dependence;
e) The violators are pregnant women, elderly persons, persons suffering from ailment or disability which restrict their capacity to perceive or to control their acts;
f) Violations are committed due to their particularly difficult plights which were not caused by themselves;
g) Violations are committed due to backwardness.
2. Aggravating circumstances:
a) Violations are committed in an organized manner;
b) Violations are committed repeatedly or relapsed;
c) Inciting, dragging, forcing materially or spiritually dependent persons to commit violations;
d) Violations are committed in the state of being intoxicated by alcohol, beer or other stimulants;
e) Abusing one’s positions and powers to commit violations;
f) Taking advantage of war, natural disaster circumstances or other special difficulties of the society to commit violations;
g) Committing violations while serving criminal sentences or decisions on handling of administrative violations;
h) Continuing to commit administrative violations though the competent persons have requested the termination of such acts;
i) After the violations, having committed acts of fleeing or concealing the administrative violations.
Article 4. Time limits for handling of administrative violations
The time limits for sanctioning an administrative violation in the sending of Vietnamese workers abroad for employment shall be one year as from the date such administrative violation is committed; In cases of passing the above-mentioned time limits, no sanction shall be imposed but other remedies prescribed in this Decree shall still be applied.
If the persons with sanctioning competence are at fault in letting the time limits for sanctioning administrative violations expire, they shall be handled according to the provisions in Article 121 of the Ordinance on handling administrative violations.
Article 5. Forms of sanctioning administrative violations and measures to overcome consequences
1. Principle forms of sanctioning administrative violations:
For each administrative violation, the violating individuals or organizations must be subjected to one of the following principal sanctioning forms:
a) Caution;
b) Fine.
Maximum fine for an act of administrative violation in the sending of Vietnamese workers abroad for employment is VND 40,000,000.
2. Additional sanctioning forms:
Depending on the nature and severity of their violations, individuals and/or organizations that commit administrative violations may also be subjected to the application of one or more following additional sanctioning forms:
a) Revocation of licenses for sending workers abroad (hereinafter referred to as License);
b) Confiscation of material evidences, means used to commit administrative violations.
c) Forced repatriation.
3. Apart from the sanctioning forms prescribed in Clauses 1 and 2 of this Article, the violating individuals and organizations may also be subjected to the application of one or more following remedies:
a) Suspension, with definite term, the sending of Vietnamese workers abroad for employment for the period from 03 months to 12 months;
b) Temporary suspension the implementation of labour supply contract for the period from 01 month to 06 months;
c) Suspension the implementation of labour supply contract.
After the temporary suspension of contracts ends, if companies, organizations still cannot take remedies for consequences caused by their violations, their labour supply contracts can be terminated.
d) Forcibly repatriating workers at the request of receiving country or Vietnamese competent authorities;
e) Forcibly compensating damages and bear all arising expenses due to the administrative violations;
f) Banning workers to work abroad in the period from 02 years to 05 years;
g) Forcibly contributing an adequate amount of money to the Fund for Overseas Employment Support according to the current regulations.
Tìm kiếm
Nghị định 144/2007/NĐ-CP (Bản Word)