Circular 32/2013/ttlt-Bldtbxh-Bng: Guidelines, Procedures For Sanctioning Of Administrative Violations For Violations Specified In Point A, Point B And Point C Of Paragraph 2 Article 35 Of The Convention.

Original Language Title: Thông tư liên tịch 32/2013/TTLT-BLĐTBXH-BNG: Hướng dẫn trình tự, thủ tục xử phạt vi phạm hành chính đối với hành vi vi phạm quy định tại Điểm a, Điểm b và Điểm c Khoản 2 Điều 35 của Nghị đị...

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CIRCULAR guidelines, procedures for sanctioning of administrative violations for violations specified in point a, point b and point c of Paragraph 2 Article 35 of Decree No. 95/2013/ND-CP on 22/8/2013 of the Government _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 106/2012/ND-CP dated 20 December 2012 of the Government functions duties, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
Pursuant to Decree No. 58/2013/NĐ-CP on 11/6/2013 of government functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;
Pursuant to Decree No. 95/2013/ND-CP of September 22, 2013 of government sanctioning administrative violations in the field of labour, social insurance and take Vietnam workers go to work abroad under contract;
Minister of labor, invalids and Social Affairs and the Minister of Foreign Affairs issued a circular about the order and procedure for sanctioning of administrative violations with regard to the violations specified in point a, point b and point c of Paragraph 2 Article 35 of Decree No. 95/2013/ND-CP on 22/8/2013 of government sanctioning administrative violations in the field of labour , social insurance and take Vietnam workers go to work abroad under contract.
Article 1. Scope this circular guide on the procedures of administrative violation of sanctions for the violations specified in point a, point b and point c of Paragraph 2 Article 35 of Decree No. 95/2013/ND-CP on 22/8/2013 of government sanctioning administrative violations in the field of labour , social insurance and take Vietnam workers go to work abroad under contract (hereinafter the "Decree No. 95/2013/ND-CP).
Article 2. Application object 1. Vietnam workers go to work overseas under a contract with one of the following behaviors: a) in unauthorized foreign again after the labor contract expires, the expiration of residence;
b) fled the place are working under contract;
c) after entry of labor receiving countries that not to work under the contract.
2. Agencies, organizations, and individuals related to the sanctioning administrative violations.
Article 3. Set the minutes of administrative violations 1. Authority sanctioning administrative violations in the field put Vietnam workers go to work abroad under the contract, the foreign officials, consular officials in diplomatic missions, consular authorities, other authorized organs made Vietnam's consular functions abroad (hereinafter the Vietnam representative offices abroad) , public servants are on duty, the duty was delivered up the minutes of administrative violations for violations specified in point a, point b and point c of Paragraph 2 Article 35 of Decree No. 95/2013/ND-CP when one of the following bases: a) to directly detect violations while on duty;
b) received written notice of the Agency, the competent organizations of the country about violations of workers;
c) receives written notice of the overseas employers about violations of workers. Text message must be checked, verify accuracy before setting the minutes.
2. The minutes of the administrative offense perform as specified in paragraph 2 and paragraph 3 Article 58 of law handling administrative violations.
3. The minutes of the administrative offense finishing to the violation and must be passed immediately to the person who has the authority to review a decision sanctioning administrative violations as stipulated in article 4 of this circular: a) the minutes due to civil servants, officers of the people's committees of all levels where violators of residence before going to work abroad are on duty service establishment shall submit to the provincial people's Committee Chairman, central cities;
b) report on the industry by the servants of labour invalids society is on duty, send chief foreign labor management;
c) thereon by the labour inspectors, invalids and Social Affairs, addressed to the Chief Inspector of the Ministry of labor, invalids and Social Affairs;
d) thereon by diplomatic officials, consular officials in Vietnam representative offices abroad, sent to the head of the Vietnam representative offices abroad.
Article 4. Decision sanctioning administrative violations 1. Within a period of 30 days from the date of establishment of the minutes of the administrative violation, then the authority sanctioning administrative violations with regard to the violations specified in point a, point b and point c of Paragraph 2 Article 35 of Decree No. 95/2013/ND-CP is a decision sanctioning administrative violations. The case of the breach does not require explanations within the time limit specified in paragraph 2 and paragraph 3 Article 61 of law handling of administrative violations, the punishment decision deadline is 10 days from the date of establishment of the minutes of administrative violations.
2. for particularly severe cases, have more complex details that need more time to verify, collect evidence, the time limit for a decision sanctioning administrative violations be renewed not more than 30 days prescribed in clause 1 Article 66 of law handling administrative violations.
Article 5. Send the decision sanctioning administrative violations to enforce 1. The decision sanctioning administrative violations must be sent to the person sentenced, the Agency collects the fines, Chairman of people's Committee of social level where people sentenced to reside before going to work overseas to execute and submit to the Department of labor, invalids and Social Affairs the central cities, where the sanctioned residents before going to work abroad within 2 working days from the date of the decision sanctioning administrative violations to the track.
The case of the head of the Vietnam representative offices abroad, the sanction decision within 10 working days from the date of the decision, the decision to sanction must send back foreign workers Administration (Ministry of labour, invalids and Social Affairs) to pass to the aforementioned bodies.
2. where the decision on sanctioning administrative violations cannot be assigned directly to a violation by not defining where to stay, where the work of the person sentenced shall decide the sanctioning administrative violations listed in people's Committee granted the town residence of the person sentenced before going to work abroad , Vietnam representative offices abroad where sanction decisions and were sent to families who sanctioned or guarantor (if applicable).
Article 6. Enforcement of the decision sanctioning administrative violations 1. The sanctioned administrative offense may file fine in fine collection agency in Vietnam or the Vietnam representative offices in foreign countries according to the provisions of article 41 of Decree No. 95/2013/ND-CP DATED. 2. The case decision sanctioning administrative violations apply remedial measures forbid go work abroad, the competent social organ where the person sentenced to reside not confirmed record for that person to go to work abroad in the period was recorded in decision sanctioning administrative violations.
Article 7. Coercive enforcement of the decision sanctioning administrative violations 1. The case of the person sentenced does not voluntarily accept the decision sanctioning administrative violations in the prescribed time limit, the person has a decision sanctioning administrative violations sent the decision sanctioning administrative violations to the President of the people's Committee of the central cities, where the sanctioned residents before going to work abroad to coercive decisions enforcement of the decision sanctioning administrative violations.
The case of the head of the Agency represented Vietnam in the foreign decision sanctioning the transfer decision sanctioning of administrative violations in the country is done through foreign labor management Department (Ministry of labour, invalids and Social Affairs).
2. The application of coercive measures to enforce the decision sanctioning administrative violations made under the provisions of Decree No. 166/2013/ND-CP on 12/11/2013 of government regulations about the coercive enforcement of the decision sanctioning administrative violations.
Article 8. Terms of implementation 1. This circular effect since 21 January 2014.
2. Periodically may 6, the Agency has the authority to report results of handling administrative violations as prescribed in this circular are as follows: a) Vietnam representative offices abroad to report the Foreign Ministry and the Ministry of labor, invalids and social results set the minutes of administrative violations in the area and the results of handling administrative violations by the head of the Agency Vietnam representative in a foreign decision sanctioning administrative violations;
b) the Department of labor, invalids and Social Affairs of the central cities, reported the Ministry of labor, invalids and social results handle local administrative violations;
c) foreign labor management Bureau reported the Ministry of labor, invalids and social results of handling administrative violations by the Labor Management Bureau Chief outside a decision sanctioning administrative violations;
d) Inspector Ministry of labor, invalids and Social Affairs reported the Ministry of labor, invalids and social results of handling administrative violations by the Chief Inspector of the Ministry of labor, invalids and Social Affairs decision sanctioning administrative violations.
3. Overseas Labor Management Department is responsible for the track, urging the implementation of this circular; General, reported the Ministry of labor, invalids and social situation and the results of handling administrative violations with regard to the provisions of paragraph 1 of article 2 of this circular; periodically the information list of employees specified in paragraph 1 of article 2 of this circular on electronic information page of the foreign labor management Bureau and inform the Agency, the relevant organizations to coordinate the implementation of the regulatory content of this circular.
4. in the implementation process, if there are problems, recommend timely reports on the Ministry of labour, invalids and Social Affairs to host, in cooperation with the Ministry of Foreign Affairs research and have additional instructions promptly.