Chương 5 Nghị định 95/2013/NĐ-CP xử phạt vi phạm hành chính lĩnh vực lao động bảo hiểm xã hội: Thẩm quyền, thủ tục xử phạt vi phạm hành chính

Chapter 5.

POWERS AND PROCEDURE FOR IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS

SECTION 1. POWERS TO IMPOSE PENALTIES

Article 36. The power to impose penalties of Presidents of the People’s Committees

1. Presidents of the People’s Committees of communes are entitled to:

a) Issue warnings;

b) Impose fines of up to 5,000,000 VND.

2. Presidents of the People’s Committees of districts are entitled to:

a) Issue warnings;

b) Impose fines of up to 37,500,000 VND for the administrative violations against regulations on labor and social insurance;

c) Impose the additional penalties specified in Chapter II and Chapter III of this Decree;

d) Take the remedial measures specified in Chapter II and Chapter III of this Decree.

3. Presidents of the People’s Committees of provinces are entitled to:

a) Issue warnings;

b) Impose fines of up to 75,000,000 VND for the administrative violations against regulations on labor, social insurance, and impose fines of up to 100,000,000 VND for the administrative violations against regulations on overseas manpower supply;

c) Impose the additional penalties specified in Chapter II, Chapter III and Chapter IV of this Decree;

d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

Article 37. The powers to impose penalties of labor inspectors

1. Labor inspectors and the persons assigned to carry out inspections are entitled to:

a) Issue warnings;

b) Impose fines of up to 500,000 VND.

2. The Chief Inspectors of Services of Labor, War Invalids and Social Affairs are entitled to:

a) Issue warnings;

b) Impose fines of up to 37,500,000 VND for the administrative violations against regulations on labor, social insurance, and impose fines of up to 50,000,000 VND for the administrative violations against regulations on overseas manpower supply;

c) Impose the additional penalties specified in Chapter II, Chapter III and Chapter IV of this Decree;

d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

3. The Chief Inspector of the Ministry of Labor, War Invalids and Social Affairs is entitled to:

a) Issue warnings;

b) Impose fines of up to 75,000,000 VND for the administrative violations against regulations on labor, social insurance, and impose fines of up to 100,000,000 VND for the administrative violations against regulations on overseas manpower supply;

c) Impose the additional penalties specified in Chapter II, Chapter III and Chapter IV of this Decree;

d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

4. The chief of the ministerial labor inspectorate is entitled to:

a) Issue warnings;

b) Impose fines of up to 52,500,000 VND for the administrative violations against regulations on labor, social insurance, and impose fines of up to 70,000,000 VND for the administrative violations against regulations on overseas manpower supply;

c) Impose the additional penalties specified in Chapter II, Chapter III and Chapter IV of this Decree;

d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

5. The chiefs of the inspectorates of Services and state agencies assigned to carry out inspections are entitled to:

a) Issue warnings;

b) Impose fines of up to 37,500,000 VND for the administrative violations against regulations on labor, social insurance, and impose fines of up to 50,000,000 VND for the administrative violations against regulations on overseas manpower supply;

c) Impose the additional penalties specified in Chapter II, Chapter III and Chapter IV of this Decree;

d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.

Article 38. The powers to impose penalties of the Director of the Overseas Manpower Authority

The Director of the Overseas Manpower Authority is entitled to impose penalties for the administrative violations in Chapter IV of this Decree, in particular:

1. Issue warnings;

2. Impose fines of up to 100,000,000 VND;

3. Impose the additional penalties specified in Chapter IV of this Decree;

4. Take the remedial measures specified in Chapter IV of this Decree.

Article 39. The power to impose penalties of other agencies

1. The heads of the diplomatic missions, consular offices, and other agencies authorized to perform consular functions of Socialist Republic of Vietnam overseas are entitled to impose penalties against the administrative violations in Chapter IV of this Decree, in particular:

a) Issue warnings;

b) Impose fines of up to 100,000,000 VND;

c) Compel the repatriation of workers at the request of the host country or the competent authority of Vietnam according to Chapter IV of this Decree.

2. The Director of Vietnam Immigration, Directors of Police Departments of provinces are entitled to order expulsion as prescribed in Clause 1 Article 22 of this Decree.

3. Apart from the persons entitled to impose penalties mentioned in Article 36, Article 37, Article 38, Clause 1 and Clause 2 of this Article, the persons entitled to impose administrative penalties of other agencies specified in the Law on Handling administrative violations, within the area of their competence, are entitled to impose penalties for the violations against this Decree upon their discovery according to Article 52 of the Law on Handling administrative violations.

SECTION 2. PROCEDURE FOR PENALTY IMPOSITION

Article 40. Making records on violations

When a violation is discovered, the person entitled to impose penalties, the officials and civil servants on duty shall make records and follow the procedure in Article 58 of the Law on Handling administrative violations.

Article 41. Procedure for imposing fines incurred by workers outside Vietnam’s territory that violates the regulations on sending workers abroad

1. The worker that incurs a fine overseas may pay them at a diplomatic mission or consular office of Vietnam in the host country.

2. The fine shall be paid in USD, local currency or VND.

If the fine is paid in USD, the average exchange rate on the inter-bank foreign exchange market announced by the State bank of Vietnam when the fine is collected shall apply.

If the fine is paid in local currency, the exchange rate of the local currency to USD announced by the host country when the fine is collected, or at the exchange rate of the bank where the diplomatic mission or consular office of Vietnam opens its account. This exchange rate shall be kept unchanged for 06 months.