Chapter I
GENERAL PROVISIONS
Article 1.- This Decree shall apply to the organizations and individuals that violate labor legislation but not yet seriously enough to be examined for criminal liability.
The labor legislation mentioned in this Decree includes provisions of the Labor Code and documents giving detailed guidance on the implementation of the Labor Code.
Article 2.- The principles of sanctioning violations of labor legislation:
1. Any violations must be promptly discovered and handled. The handling must be conducted rapidly and fairly as stipulated by law.
2. A violation shall be sanctioned only once. A person who commits several violations shall be sanctioned for each of his/her violations. If many persons together commit a violation, each of them shall be sanctioned.
3. The handling of violations must be based on the character and seriousness of the violation, the personality and the attenuating or aggravating factors to decide a suitable form and rate of fining.
4. If a violation involves one of the attenuating factors mentioned in Article 3, it shall be given a 50% reduction of the fining rate set for such violation. If it involves 2 or more attenuating factors, it shall be given a two-thirds reduction of the fining rate set for such violation.
5. If a violation involves one of the aggravating factors mentioned in Article 4, the fining rate set for such violation shall be doubled. If it involves 2 or more aggravating factors, the fining rate set for such violation shall be trebled.
Article 3.- The following factors shall be regarded as attenuating factors:
1. The guilty person has tried to prevent or diminish the damage caused by the violation, or offer to settle the consequences and compensate for the damage;
2. The guilty person is a pregnant woman, a minor, an elderly person, a person who is rendered hardly conscious of or incapable of controlling his/her actions by disease or disability.
3. The person concerned commits the violation in extremely difficult circumstances not created by himself or herself.
4. The person concerned commits the violation out of ignorance.
Article 4.- The following factors shall be regarded as aggravating factors:
1. Organized violations;
2. Repeated violations or recidivism;
3. Infringement on the rights and interests of many laborers;
4. Infringement on the rights and interests of women laborers; minor laborers; handicapped laborers; elderly laborers;
5. Urging or enticing minors to commit violations, compelling those who are materially or spiritually dependent on him or her to commit violations;
6. Committing a violation while being drunk on liquor, beer or other stimulants;
7. Abusing one’s position and powers to commit a violation;
8. Taking advantage of war time, natural disasters or other special social difficulties to commit a violation;
9. Committing a violation while serving a criminal sentence or while carrying out a decision on administrative sanction;
10. Trying to evade the sanction or to cover up the violation after committing it;
11. Refusing to abide by the decisions of the State Inspector on labor.
Article 5.- The statute of limitation for administrative sanction against violations of the labor legislation:
1. The statute of limitation for imposing administrative sanction against violations of the labor legislation is one year, beginning from the date when the administrative violation is committed.
2. With regard to a person against whom a legal action has been taken or who is being prosecuted, or to whom a decision has been issued to stand trial according to the criminal proceedings, but a decision is later issued to cancel the investigation or to cancel the trial, only an administrative sanction shall be imposed if his/her violation shows signs of an administrative violation, the statute of limitation for sanctioning is 3 months beginning from the date when the cancellation decision is issued.
3. Within the time limit set in Items 1 and 2 of this Article, if the individual or organization concerned commits a new violation or deliberately avoids or obstructs the sanction, the statute of limitation set in Items 1 and 2 of this Article shall not apply.
Article 6.- The time limit after which the guilty organization or individual shall be regarded as not yet being sanctioned for administrative violation:
More than a year after the enforcement of the sanctioning decision or after the expiry of the decision, if the organization or individual sanctioned as stipulated in this Decree does not commit another violation, they shall be regarded as not yet being sanctioned for administrative violation of the labor legislation.
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Nghị định 38/CP (Bản Word)