Chapter IV.
PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
Article 18. The procedures for sanctioning administrative violations in the sending of workers abroad performed in the territory of Vietnam
Procedures for sanctioning administrative violations in the sending of workers abroad for employment performed in the territory of Vietnam shall be implemented in conformity with current regulations on handling administrative violations
Article 19. The procedures for sanctioning administrative violations in the sending of workers abroad performed outside the territory of Vietnam
1. Procedures for making reports:
a) In cases specified in point b of this Clause, diplomatic officers, consular officers in Vietnamese Representative missions overseas and the competent sanctioning authorities prescribed in Chapter III of this Decree are responsible for making reports of administrative violations (as Form No. 01, issued together with this Decree);
b) Foundations to make administrative violation reports:
- Written notifications of competent agencies, organizations in receiving countries on administrative violation acts of workers;
- Written denunciations and complaint which have been screened and verified;
- Notices of employers, licensed enterprises and state-owned non-profit entities on administrative violation acts of workers which have been inspected and verified;
- Inspection results of competent bodies.
c) The reports on administrative violations must clearly state the date, location of making report; the full names and positions of the report makers; the full names, addresses, passport numbers and expiry of passports, occupation of violators; the date and location when and where the administrative violations occur; acts of violations; the testimonies of the violators (if any); the attestation/witnesses of the violators’ Vietnamese colleagues or attestation/witnesses of the employers in cases where there are no Vietnamese colleagues working with.
In cases where the workers have violation acts which are prescribed in Point a, Clause 3, Article 12 of this Decree, the administrative violation report must be certified by competent authorities of the receiving countries that the workers have entered and by the employers that the workers have not yet arrived at the workplaces.
d) A report must be made into at least three copies, signed by the report makers, the violators (if any), the violators’ Vietnamese colleagues or the employers; in case the reports have several sheets, these persons must sign their names to each page of the reports. If the violators or the persons who certified violation acts refuse to sign, the report makers shall have to clearly state their reasons in the report accordingly.
A copy of the made report must be given to the violators (if present).
e) In cases where the violators are representatives of service companies, state non-profit entities committed administrative violation acts specified in this Decree outside the territory of Vietnam, the competent persons make the reports of violation acts and send with a dossier of violation to the Director General of The Department of Overseas Labor for consideration of sanctioning decisions. After receiving the reports of the administrative violations with the said above dossiers, the Director General of The Department of Overseas Labor shall be responsible for conducting sanctioning procedures and implements sanctioning decisions under the provisions of Ordinance Handling of administrative violations issued in 2002.
2. The sanction decisions:
a) The time limit for making sanctioning decisions shall be ten (10) days as from the date of making the reports on the administrative violations; in cases where administrative violations involving many complications, the time limit for the decision shall be thirty (30) days. The content of sanctioning decisions is as the Form No. 02, issued together with this Decree;
If the competent persons fail to issue sanctioning decisions, they shall be dealt with as prescribed in Article 121 of the Ordinance on Handling Administrative Violations 2002.
b) The sanctioning decision must clearly state the date, the full names and positions of the decision issuers; the full names, addresses, passport numbers and expiry of passports, occupation of the violators; acts of administrative violation; situation related to the violation settlement; articles and clauses of legal documents to be applied; the principal sanctioning forms; if these sanctions are monetary fines, the decisions must specify the fine amount in Vietnam Dong; the additional sanctioning forms, remedies; duration and places for executing the sanctioning decisions and the signatures of the sanctioning decision issuers.
The sanctioning decisions must clearly state that in case the sanctioned person fail to voluntarily abide by the decision, he/she shall be forced to execute the sanctioning decisions; the right of the sanctioned person to complain and initiate a lawsuit against the sanctioning decisions in conformity with the regulations.
c) The sanctioning decisions shall be addressed to the sanctioned persons within three (03) days from the date of issuance. In case the place of residence of the sanctioned persons cannot be determined, within three (03) days from the date of issuance, sanctioning decisions must be posted at the Vietnam Representative missions in the receiving countries, posted on the website of Vietnam Representative missions in the receiving countries (if any), notified to their latest employers and addressed to the Department of Overseas Labor to inform workers’ families or their guarantors (if any) and the Department of Labor - Invalids and Social Affairs where workers resided prior to going for overseas employment;
d) The sanctioning decisions shall take effect after their signing. In cases where the places of residence of the sanctioned persons cannot be identified, the sanctioning decisions shall take effect after ten (10) days as from the date which the sanctioning decisions are listed at Vietnam diplomatic missions in the receiving countries.
3. Abiding by the sanctioning decision
a) The sanctioned persons must execute the sanctioning decision within (30) days as from the date which sanctioning decisions take effect;
b) Within the time limit specified in point a of this paragraph, if the sanctioned persons fail to voluntarily execute the sanctioning decisions, he/she shall be subject to coercive execution by competent agencies.
If the place of residence of the sanctioned persons whose violations prescribed in Clause 2 and 3, Article 12 of this Decree cannot be determined, and the mentioned violators fail to voluntarily execute the sanctioning decisions within three (03) days from the last day of the time limit for them to voluntarily execute the sanctioning decisions, the competent persons shall issue written notices of not abiding by the sanctioning decisions (Form No. 03, issued together with this Decree), list notices at the Vietnam representative missions in the receiving countries, post them on the website of Vietnam diplomatic missions in the receiving countries (if any). Within three (03) days from the date of noticing the failure to abide by the sanctioning decisions, Vietnam representative missions in the receiving countries must address the notice to the Department of Overseas Labour to inform workers’ families or their guarantors (if any) and the Department of Labor – War Invalids and Social Affairs where the workers resided prior to going for overseas employment.
c) After thirty (30) days from the date of noticing the failure to abide by the sanctioning decisions specified at Point b of this clause, if the sanctioned persons whose violations prescribed in Clause 2 and Clause 3 of Article 12 of this Decree and their place of residence cannot be determined, do not still abide by the sanctioning decisions, they may be criminally prosecuted under the provisions of Article 274 and Article 275 of the Criminal Law.
4. Fining procedures:
a) In fining, the specific fine amount for an act of administrative violation shall be the average of the fine range stipulated for such an act; in cases with extenuating circumstances, the fine amount can be reduced but not to below the minimum level of the fine range; in cases with aggravating circumstances, the fine amount may be increased but not beyond the maximum level of the fine range;
b) The workers who are fined abroad can pay at Vietnam representative missions with receipts. Vietnam diplomatic missions are responsible for collecting and remitting fines.
c) The fines are collected in American dollar (USD) or in the currencies of countries where workers are working or in Viet Nam Dong;
If the fines are collected in American dollar, the average exchange rates of the inter-bank foreign currency market of U.S. dollar against the Viet Nam Dong, announced by the State Bank at the time of fine collection is applied.
If the fines are collected in the currencies of countries where workers are working, the exchange rates between that currency against US Dollar announced by the State Bank of the receiving countries or the rate of the bank where Vietnam diplomatic missions in the receiving countries open its account for temporary keeping Fund of the State budget and the money is kept stable for a period of six (06) months.
d) The collected fines must be remitted to the temporary keeping Fund of the State budget in Vietnam diplomatic mission and are managed as follows:
- Periodically, at the latest by 15th each month, Vietnam diplomatic missions must remit the full amount of the collected fine of the previous month to the temporary keeping Fund of the State budget. The collected fines must be remitted to the Fund in the currency they had been collected.
- On biannual and annual basis, the Vietnam diplomatic missions must draw the balance sheet of the collected and remitted fines during that period, report to the Ministry of Foreign Affairs. The Ministry of Foreign Affairs shall sum up, draw the balance sheets with the Ministry of Finance on the annual collection.
e) If the violated workers do not voluntarily abide by the decisions, the sanctioning competent agencies shall require licensed enterprises to deduct the workers’ deposits to implement sanctioning decisions (if any). After receiving the notice that the sanctioned workers fail to voluntarily execute the sanctioning decisions with related dossiers, within three (03) days, the Director General of Department of Overseas Labour shall be responsible for deciding forced execution, handling and informing concerned agencies and individuals for execution.
5. Measures to ensure the handling of sanctioning decisions:
Vietnam diplomatic missions shall issue necessary papers for the sanctioned persons to return in accordance with regulations of law; in case the sanctioned workers are financially incapable to purchase air tickets themselves, the Vietnam diplomatic missions shall coordinate with the authorities of the receiving countries, licensed enterprises and the sanctioned workers’ families to purchase air tickets for their return. The sanctioned workers must refund related expenses after their return.
Tìm kiếm
Nghị định 144/2007/NĐ-CP (Bản Word)