FEDERAL INFORMATION

The sequence guide, the procedure for violation of administrative violations against the behavior

violation of regulations at Point a, Point b and Point 2 Section 2 Article 35 of

Number Protocol 95 /2013/ND-CP August 22, 2013

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Base of Protocol 106 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Labor-Trade and Social Affairs;

Base of Protocol 58 /2013/NĐ-CP June 11, 2013 of the Government regulates the function, duties, powers, and organizational structure of the Ministry of Foreign Affairs;

Base of Protocol 95 /2013/ND-CP August 22, 2013 The government rules out sanctions on the labor sector, social insurance, and bringing Vietnamese workers to work abroad under contract;

Minister of Labor-Trade and Social Affairs and the Minister of Foreign Affairs issued a Diploma on the sequence of the order, the procedure for violation of administrative violations against regulatory violations at Point a, Point b and Point 2 Article 2 Article 35 of the Fourth Protocol. 95 /2013/ND-CP August 22, 2013, of the Government of the United States, on August 22, 2013, the government rules for sanctions on the labor sector, social insurance, and bringing Vietnamese workers to work abroad under contract.

What? 1. The adjustment range

This information instructs the sequence, the procedure for the execution of administrative violations against the rules of violation at Point a, Point b, and Point 2 Article 2 Article 35 of the Digital Protocol. 95 /2013/ND-CP August 22, 2013 by the Government of the Government to rule over administrative violations in the field of labor, social insurance and bringing Vietnamese workers to work abroad under contract (later called the Digital Protocol). 95 /2013/NĐ-CP).

What? 2. Subject applies

1. Vietnamese workers who go to work abroad under contract have one of the following acts:

a) Stay abroad after the expiration of the contract of labor, expiration of residence;

b) flee from the workplace;

c) After entering the country receiving labor without coming to work under contract.

2. Agency, organization, other individuals are involved in the punishment of administrative violations.

What? 3. Set up the administrative breach

1. The person with the authority to sanctiate administrative violations in the field of bringing Vietnamese workers to work abroad under contract, the foreign minister, the consujury officer in the Foreign Office Agency, the consujury body, the other authorized authority. has been carried out the consul function of Vietnam abroad (later known as the Vietnam Representative in foreign countries), the official, the official who is running the mission, the task of being assigned to compile the administrative breach of the administrative breach at Point a, Point b and Point 2 Article 35 of the Digital Protocol 95 /2013/ND-CP when there is one of the following bases:

a) Direct discovery of the violation of the operation;

b) Receivables of the agency 's notification text, the organization has the authority of the country' s authority on the violation of the worker;

c) Getting the notice of the notice of the employer abroad on the behavior of the labourers. The notification text content must be checked, verify the accuracy prior to the receipt.

2. The establishment of the administrative violation of the administrative entity in paragraph 2 and paragraph 3 Article 58 of the Administrative Breach Disposal Law.

3. The full administrative violation must be delivered to the offender and must be transferred immediately to the person with the authority to consider the decision to punish the prescribed violation by regulation at Article 4 of this message:

a) The official issued by the public, the official in the People's Committee, where the violation of the residence before going to work abroad, is sending the Chairman of the Provincial People's Committee, the central city of the central city;

b) The public sector, the Labor-Trade and Social Security officer who is acting, is sent to the Bureau of Labor Management.

c) The border by the Labour and Social Security inspectors then sent to Chief Inspector of the Ministry of Labor-Trade and Social Affairs;

d) As a result of the diplomatic position, the consul in the Foreign Office of the Foreign Service of Vietnam sent to the head of the Vietnamese representative body abroad.

What? 4. Ra decided to punish the administrative breach

1. In the 30-day period, since the date of the administrative violation of the administrative breach, the person has the authority to punish the administrative violation of the prescribed violations at Point a, Point b and Point 2 Article 35 of the Digital Protocol. 95 /2013/ND-CP You have to make a decision to punish the administrative breach. The case of a violation without a request for a time of regulation in Clause 2 and Clause 3 Article 61 of the Administrative Violation Law, the statute of limitations is 7 days, since the date of the administrative breach of the administrative breach.

2. For the particularly severe incident, there are many complex situations that need more time to verify, collect evidence that the deadline to determine the administrative breach is renewed no more than 30 days by regulation at Clause 1 Article 66 of the Law. Execute the administrative breach.

What? 5. Send the decision to punish the administrative breach for execution

1. The decision to sanctiate the administrative breach must be sent to the condemned, the penalty-collecting body, the Chair of the Social People ' s Commission where the person is executed before going to work abroad to enforce and send to the Department of Labor-Trade and Social Affairs. In the province, the city is a central city where the person is sentenced to residence before going to work abroad for a 2-day period of work, since the date of the decision to punish the administrative breach in order to follow.

The case for the head of the Vietnamese representative agency in the country outside the decision to sanctiate, for a 2-day period of work since the decision date, the decision was to be sent to the Department of Labor and Trade Management (Ministry of Labor and Social Affairs). Switch to the above bodies.

2. The case of a decision to punish the administrative breach cannot directly hand the offender due to the undetermined residence, where the person 's workplace is sentenced, the decision to punish the administrative breach is listed at the headquarters of the local People' s Commission on residence. The body of the person who was executed before going to work abroad, the Vietnamese Representative Agency overseas where the decision was made and sent to the family of the executed or the bail-out (if any).

What? 6. enforce the decision to punish the administrative violation

1. The person who is sentenced to the administrative violation can pay a fine at the penalty for fines in Vietnam or at the Vietnam Representative Agency in foreign countries prescribed at Article 41 of the Digital Protocol. 95 /2013/NĐ-CP.

2. The case of a decision to punish the administrative breach which applies the method of remediation to work abroad, the authorities have the jurisdiction where the person who was sentenced to the residence was not confirmed to the person to go to work abroad during the period. The record is written in the execution of the administrative breach.

What? 7. The enforcement of the enforcement of the decision to punish the administrative breach

1. The case of a person who was sentenced to not voluntarily accept the decision to punish the administrative breach in the prescribed period, then the person who made the decision to punish the administrative breach sent the decision to sentence the administrative violation to the Chairman of the Provincial People ' s Committee, The city's central city where he was sentenced to residence before working abroad for a decision to forcibly execute the decision to punish the administrative breach.

In the case of the head of the Vietnamese representative body in the country outside of the decision to sanctiate the decision, the transfer of the decision to punish administrative violations in the country is implemented through the Department of Labor and Social Affairs (Ministry of Labor and Social Affairs).

2. The application of the enforcement measures to enforce the decision to punish the administrative violation by regulation at the UN Digital Protocol. 166 /2013/ND-CP December 12, 2013, of the Government of the United States, on December 12, 2013, the Government of the Government of the Government of the Government of the United

What? 8. Terms of execution

1. This message has been in effect since 21 January 2014.

2. A 6-month period, the authorities have the authority to report the results of the administrative violation under the regulation at this Smart as follows:

a) Vietnam 's representative body abroad reports the Ministry of Foreign Affairs and the Ministry of Labor-Trade and Society results in the boundary violation of the administrative breach at the site and the results of the administrative violation by the head of Vietnam' s representative body abroad. decided to punish the administrative breach;

b) Department of Labor-Trade and Social Provinces, the central city of the Central Committee reporting the Ministry of Labor-Trade and Social Services resulting in local administrative violations;

c) The Bureau of Foreign Employment Management reports the Ministry of Labor-Trade and Social results resulting in a violation of the administrative breach issued by the Bureau of Public Administration of Labor in addition to the decision to sanctiate administrative violations;

d) Inspector of the Ministry of Labor-Trade and Social Affairs reported the Ministry of Labor-Trade and Social Affairs resulting in violation of administrative violations led by the Chief Labor Department of Labor-Trade and Society decision to punish the administrative breach.

3. The Federal Labor Administration has a responsibility to follow, says the Chief Executive Officer; aggregate, reports the Ministry of Labor-Trade and Social Affairs and the results of processing the administrative breach on the workers of regulation at Clause 1 Article 2. of this message; periodically information the list of workers stipulated at paragraph 1 Article 2 of this information on the Department of Labor Information Administration's electronic information page and inform the agencies, organizations that are relevant to coordinate the implementation of the contents. The rules are on this.

4. In the course of execution, if there is an entangrium, the offer is timely to report on the Ministry of Labor-Trade and Social Affairs to proactively, coordinate with the Ministry of Foreign Affairs and have timely instructions.