|
THE GOVERNMENT.
Number: 95 /2013/NĐ-CP
|
|
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 22, 2013
|
DECREE
Q Punish v. i It's a I'm In the field of labor, social insurance,
Take the Vietnamese. l It ' s working overseas. Oh. -
______________________________
The Law base. I Ch. I'm Twenty-five months. 1 Two, 200. 1 ()
The Administrative Administrative Processing Act of 20 May. Ah! 6 in 2012;
The Labor Code base on June 18, 2012;
Social Insurance Law Base June 29, 2006;
The Vietnam Labor Law base went to work abroad under contract on November 29, 2006;
At the suggestion of Minister of Labor-Mail Uh ... b i And society. ()
The government issued a decree to punish the v. i It's a I'm In the labor sector, social insurance, bringing Vietnamese workers away. l It ' s working overseas. Oh. - Oh,
What? 1. The adjustment range
This decree rules on violations of violations, the form of sanctions, the penalty level, the method. It's In recovery, Move. Scale Okay. n sanctions, procedures for administrative violations in the field of labor, say hi. Okay. Society and bringing Vietnamese workers to work abroad in their own way. Oh. Yeah.
What? 2. Subject applies
1. Employers.
2. The worker.
3. Individuals, organizations, have a prescribed violation of administrative practices at this decree.
What? 3. Regulation of fines on administrative violations in the field of labor, social insurance, bringing Vietnamese workers to work abroad under contract, according to the United States.
1. The regulatory penalty for violations of regulation at Chapter II, Chapter III and Chapter IV of this decree is the highest penalty in the United States. Stain. i with individuals, except for the specified case in Clause 1 and Clause 2 Articles 4, paragraph 2, Clause 4 and Clause 6, paragraph 6 and paragraph 7 Articles 17 and Okay. From Article 29 to Article 34 of this decree. The amount of fines for the organization equals 02 times the amount of money for the individual.
2. The authority to sanctipate the administrative violation stipulated in Chapter VI of this decree is the jurisdiction of the treatment of the individual. In the case of a fine, the jurisdiction is sentenced to the organization by 2 times the jurisdiction of the penalty against the individual.
What? 4. Violation of employment services
1. Fines from 1,000. . The $3,000 million to 3,000,000 people in violation of each employer for the employment service organization, which has a job-charging behavior that exceeds the level of regulation in one of the following levels:
a) Fines of between $5,000,000 and 10,000,000 are false for false information or confusion about the employment position;
b) Fines range from 45,000,000 to 60,000,000 to the conduct of employment services without a license to operate a job or use of the authority to grant or use the employment permit.
2. Consequences of remediation:
a) Repayment to the worker of the worker's employment service fee is higher than the regulation level for the alleged violation of the clause in Clause 1 This Article;
b) Binding l Job Services fee l It ' s the employer ' s record of the state budget for the breach in Article 3.
What? 5. Violation of employment contract delivery
1. Capital punishment for employers when there is one of the acts: No text of a written labour contract on fixed work has a period of up to 3 months; does not engage the correct type of labor contract with the prescribed labourers at Article 22 of the Ministry. labor law in one of the following levels:
a) Between $500,000 and 2,000,000 in violation of 1 people to 10 workers;
b) Between $2,000,000 and 5,000,000 people with violations from 11 to 50 labourers;
c) Between 5 million and 10,000,000 people were from 51 to 100 workers.
d) From 10,000,000 to 15,000,000, with a violation of 101 to 300 workers.
Between 15,000,000 and 20,000,000 workers with a violation of 301 workers.
2. Fines from 20,000,000 to 25,000,000 co-workers with the employer have one of the following acts:
a) To keep the copy of the deed, the deed, the testimony of the workers.
b) Forcing the workers to take the guarantee by money or other assets for the implementation of the labor contract.
3. Consequences of remediation:
a) Force back l The paper itself is on the map. Yes. n, the deed, the certificate of the worker's hold on the behavior of regulations. Okay. A second of this.
b) Forced to return the money or assets held by the worker plus the interest of the number. Okay. n ' s been held by the interest rate worker. All T Stain. i multi-imposed on non-term deposits announced by the State Bank of Vietnam at the time of the sanctions on the conduct of the regulations imposed at Travel. Okay. This is two things.
What? 6. Violation of employment trials
1. A penalty or a fine of $500,000 to 1,000,000 dollars for employers asking for th Yeah. For workers working on a labor contract by the end of the season.
2. Fines of between $2,000,000 and 5,000,000 people for employers have one of the following acts:
a) Ask the worker to try it once more.
b) Testing the procedure.
c) Wages for workers during the trial period are less than 85% of the wages of that job.
3. The measure of remediation: Forced to pay enough 100% wage for workers to The time wasp is testing the behavior of regulations in Clause 1, point b, and Point 2 This.
What? 7. Violation of employment contract implementation
1. A penalty or a fine of $500,000 to 1,000,000 people for the employer does not inform the worker who knows before at least 15 days, before the date of the labor contract that determines the expiration date.
2. Fines from 3,000,000 to $7,000,000 for employers have a $1 billion. o The following behaviors:
a) B Stain. The worker who works at the other site with the work venue agreed in the labor contract, except for the work. to case of regulation at Article 31 of the Labor Code;
b) Not receiving workers back to work after the expiration of the deadline for the implementation of the labor contract, except for the case of employers and workers who have the circumstances. Naked. It's different
3. The measure of remediation: Forced Wages for workers in the days of not receiving workers back to work after h ... What? A term of deferred implementation of the labor contract for violation of regulation at B Point 2 This.
What? 8. Violation of the regulation of amendment, addition, termination of labor contract
1. Capital punishment for employers with one of the acts: No pay or no pay-off pension, to The loss of employment to labourers under the rule of regulation at paragraph 2 Article 47 of the Labor Code; failed to complete the confirmation procedure and return the workers ' holding of the workers after the termination of the labor contract by regulation at paragraph 3. Article 47 of the Labor Code follows one of the following levels:
a) From 500,000 to 2,000. 0 00 on a violation of 1 to 10 workers.
b) Between $2,000,000 and 5,000,000 people with violations from 11 to 50 labourers;
c) Between 5 million and 10,000,000 people were from 51 to 100 workers.
d) From 10,000,000 to 15,000,000, with a violation of 101 to 300 workers.
Between 15,000,000 and 20,000,000 people with a violation of 301 workers. .
2. Consequences of remediation:
a) Forced to pay up enough pension payments, the loss of employment to workers plus a maximum interest in the maximum interest imposed on unterm deposits was announced by the State Bank of Vietnam at the time of the payment of the pension, the aid of the government. The loss of employment to non-paid or unpaid behavior, the allowance of employment, the employment of the employees in this One Article;
b) Forced to complete the confirmation procedure and return the other documents that have kept the workers on the conduct of failing to complete the confirmation procedure and return the other documents held by the worker after the termination of the labor contract by regulation at paragraph 1. This.
What? 9. Violation of employment for labor rehiring
1. A penalty or a fine of $500,000 to 1,000,000 dollars for the employer has one of the following acts:
a) Without notice, the guidelines for employers to hire again know the labor labor and other institutions of the business;
b) Discrimination on working conditions for labourers is rehiring compared to the worker of the business.
2. A fine of $1,000,000 to 3,000,000 people in the business of operating the labor lease has one of the following acts:
a) There is no record of the number of labourers that have leased it, the rerenting labor, the rental fee, or the non-reporting of the state regulatory authority on provincial labor;
b) Do not inform or inform the worker who knows the content of the rental contract.
3. The rent penalty is rehired when there is one of the acts: Transfer worker rehired to the user. d Other labor; charging for the worker leadback; using a hired worker does not part of the job portfolio is made for hiring labor; using a hired worker exceeds the deadline for hiring labor in a single way. in the following levels:
a) From 5 million to 10,000,000 people, with a violation of 1 to 10 workers.
b) Between 10,000,000 and 20,000,000 people with violations from 11 to 50 labourers;
c) From 20,000,000 to 30,000,000 co-workers from 51 to 100 workers.
d) From 30,000,000 to 40,000,000, with a violation of 101 to 300 workers.
From $40,000,000 to 50. . A million people with a violation of 301 workers.
4. Corporate fines for renting labour have one of the acts: Pay for the worker to rent lower than the worker ' s wages have the same qualifications, do the same job or work with the same value of the employer; in fact, employment. is the lease of the lease without the consent of the worker in one of the following levels:
a) From 10,000,000 to 20,000,000. Oh. I have a violation of 1 to 10 workers.
b) From 20,000,000 to $40,000,000 in violation of 11 to 50 workers.
c) Between $40,000,000 and 60,000,000 co-workers from 51 to 100 workers.
d) Between $60,000,000 and $80,000,000 in violation of 101 to 300 workers.
Between $80,000,000 and 100,000,000 co-workers from 301 workers.
5. A fine of $50,000,000 to $75,000,000 for labor reemployment activity without a permit for employment.
6. Fines from $80.000,000 to 100,000,000 dollars for the rehiring business have one of the following acts:
a) For other businesses to borrow the employment permit for hiring labor to work for labor rehiring;
b) To rent labor in the professions, the work is not permitted by law;
c) Rehiring labor exceeds the deadline for rehiring labor by regulation;
d) Renting the labor between the rental business with another business in the parent company-the subsidiary, the economic conglomerate that the rental business is a member business.
7. Penalty format socket :
a) The title of using a license to lease labor has a deadline. from 1 month to 3 months for breach of regulations at Clause 4 This Article;
b) The title uses a 6-month-to-12-month-12-month period of employment, with a stipulated violation of the provisions of Article 6.
8. Consequences of remediation:
a) Forced the business to rehire workers to pay the wage gap for workers to the behavior of regulations stipulated at Clause 4 This Article;
b) Forced to submit an unexpected gain The solution is due to the implementation of labor leadback to the behavior of the regulations stipulated at paragraph 5 This.
What? 10. Violation of the regulation of training, fostering, advanced skill level
1. The charge of the warning or fines of between 500,000 and 1,000,000 people on the employer has one of the following acts:
a) Not building and organizing a yearly plan of fostering, raising the qualifications, skills for workers working for themselves;
b) Not reporting the results of the training, the fostering of the qualifications, the occupational skills for the state regulator of provincial labour in the annual report on labor.
2. Capital punishment for employers has one of the acts: No vocational training for labourers before transferring workers to work, other jobs; not signing a vocational training contract for apprentiers, apprenties; no wages to the person. study to The time bees they learn, practice, live or participate in the work of h. p rules; do not proceed to contract employment contracts for apprentiers, who practice at the end of vocational education, practice, according to one of the following levels:
a) Between $500,000 and 2,000,000 in violation of 1 people to 10 workers;
b) Between $2,000,000 and 5,000,000 people with violations from 11 to 50 labourers;
c) From 5 million to 10. . It was a million-year-old violation of 51 people to 100 workers.
d) From 10,000,000 to 15,000,000, with a violation of 101 to 300 workers.
Between 15,000,000 and 20,000,000 workers with a violation of 301 workers.
3. Fines from 20,000,000 to 25,000,000 co-workers with the employer have one of the following acts:
a) To take advantage of vocational training, practice for self-interest, exploitation of labor or seduction, to force apprenties, to practice law practices;
b) Hiring under the age of 14 to apprentice, practice.
4. Consequences of remediation:
a) Forced pay for apprentiers, apprentiers when not paying for apprenties during apprentireing, practice that directly or participating in labor makes a valid product on the behavior of Article 2;
b) Forced, handed back illegal gains from the practice of taking advantage of vocational training, practice to deport, exploitation of labor or seduction, coercuse of apprentiers, who practice law enforcement on the behavior of alleged violations of the law. At Section 3, this.
What? 11. Violation of dialogue at work site
1. The charge of the warning or fines of between 500,000 and 1,000,000 people on the employer has one of the following acts:
a) No serious practice of democratic rule in c Uh ... Where the law is in the law,
b) Not layout and ensuring other physical conditions for dialogue at work.
2. Fines from $2,000,000 to $5,000,000 for users d We have one of the following behaviors:
a) No riddles i There ' s a lot of conversation at work every three months.
b) No dialogue is done when the labor collective is required.
What? 12. Violation of collective bargaining, collective labor agreement and collective bargaining.
1. The charge of the warning or fines of between 500,000 and 1,000,000 people on the employer has one of the following acts:
a) Do not submit a collective labor agreement to the state governing body of provincial labor;
b) Do not pay the cost of bargaining, signing, fixing socket i, addition, send and publish th Naked. Collective labor;
c) Not to publish the content of the collective labor agreement has been signed to the worker who knows.
2. Fines from 3,000,000 to 5,000,000 dollars for employers have one of the following acts:
a) Does not provide information about the situation of manufacturing, business when the labor collective requires to conduct collective bargaining;
b) Unable to conduct collective bargaining for signing or modification, the addition of the collective labor agreement when receiving the request of the party request negotiation.
3. Fines from 10,000,000 to 15,000,000 co-workers for the employer made the content of the collective labor agreement were declared disabled.
What? 13. violations of the provisions of wages
1. A penalty or a fine of $500,000 to 1,000,000 dollars for employers do not send a salary, payroll, employment level to the state governing body for district-level labor as prescribed.
2. Fines of between $2,000,000 and 5,000,000 people for employers have one of the following acts:
a) No wage building, payroll, labor level, rules of law, rule of law;
b) Do not consult the labor collective representation organization at the facility when construction of a salary, payroll, labor level, scale, or salary. What? Reward.
c) Not publicly available at work on the payroll, payroll, labor level, reward rules;
d) Do not inform the worker beforehand about the pay form at least 10 days prior to the execution.
3. Capital punishment for employers has one of the acts: Pay is not due in accordance with regulation at Article 96 of the Labor Code; pay is lower than the stipulation rate at the payroll, the payroll sent to the state governing body on district labour; pay. pay overtime, working at night for workers is lower than the stipulation rate at Article 97 of the Labor Code; the deductible of the left labourers stipulated at Article 101 of the Labor Code; pay not enough wages to stop for workers. according to the regulation at Article 98 of the Labor Code in one of the following levels:
a) From 5 million to 10,000,000 people, with a violation of 1 to 10 workers.
b) From 10,000,000 to 20,000,000. i They ' re from 11 to 50 workers.
c) From 20,000,000 to 30,000,000 co-workers from 51 to 100 workers.
d) From 30,000,000 to 40,000,000, with a violation of 101 to 300 workers.
Between $40,000,000 and 50,000,000 co-workers with a violation of 301 workers.
4. The fines of employers to pay wages are lower than the government-provided regional minimum wage in the following levels:
a) From 20,000,000 to 30,000 . $10,000 with a violation of 1 to 10 workers.
b) Between $30,000,000 and 50,000,000, with a violation of 11 to 50 workers.
c) Between $50,000,000 and $75,000,000 in violation of 51 workers.
5. Additional form of sanctions: The suspension operates from 01 months to 3 months for employers with a prescribed violation of the Article 4 clause.
6. Consequences of remediation:
a) The payment of sufficient wages for the worker by statute for violation of regulation at paragraph 3 and paragraph 4 This Article;
b) The return of the wages of the slow wages paid to the worker according to the maximum interest imposed on the deposit was not limited to the Vietnam State Bank announced at the time of the payout to the alleged violation of the Article 3 clause.
What? 14. Violation of the time of work, time of rest
1. A fine of $2,000,000 to $5,000,000 for employers with a non-guarantee behavior on working hours, on vacation, on vacation, on unpaid leave.
2. Capital punishment. l There is a constant violation of daily, annual vacation, holiday, holiday, and more.
a) Between $500,000 and 1,000,000 in violation of 1 to 10 labourers;
b) Between $1,000,000 and 3,000,000 in violation of 11 to 50 workers.
c) From 3,000,000 to 7,000,000, with a breach of 51 to 100 workers.
d) Between 7,000,000 and 10,000,000 coins were from 101 to 300 workers.
From 10,000,000 to 15,000,000 workers with a violation of 301 workers.
3. Fines from 20,000,000 to 25,000,000. Stain. i with the employer who has one of the following acts:
a) Implementation of the normal working hours of hours of work by regulation at Article 104 of the Labor Code;
b) The mobiles mobiles to overtime without the consent of the worker, except for the prescribed case at Article 107 of the Labor Code.
4. A fine of $25,000,000 to a 50,000,000 deal. d Labourers raise more than hours of regulation at point b 2 Article 106 of the Labor Code or more than 12 hours in 01 days when adding on holidays, New Year's Day, and weekdays.
5. Additional form of sanctions: The suspension operates from 01 months to 3 months for employers with a prescribed violation of the Article 4 clause.
What? 15. Violation of the rule of labor discipline, physical responsibility
1. A penalty or a fine of $500,000 to 1,000,000 dollars for employers does not inform publicly or do not list the labour of labour in the necessary places in the business.
2. Fines of between $5,000,000 and 10,000,000% of the employer have one of the following acts:
a) There is no written labor content when used from 10 workers or more;
b) The use of labor intransignor is not registered with the state governing body of provincial labor;
c) Use the internal labor. Oh, All the power.
3. Fines from 10,000,000 to 15,000,000 dollars for employers when there is one of the following acts:
a) The body of the worker, the worker's dignity when he dealt with the discipline of labor;
b) Using a fine form of money, cutting wages in order to handle the discipline of labor;
c) Labor discipline treatment for workers with infringed violations is not regulated in the labor cabinet.
4. Consequences of remediation:
a) Charges of reimbursable payment or payment of a worker's salary to the violation of the regulations stipulate at the point b 3 This Article;
b) Forcing workers to return to work and pay enough wages for workers in the ivory tusks. y It ' s fired in the case of a labor discipline that ' s firing a worker ' s firing on the behavior of the breach at Point 3.
What? 16. Violation of labor safety regulations, labor hygiene
1. Fines of between $2,000,000 and 5,000,000 people for employers have one of the following acts:
a) No! l The organization represents the collective labor at the facility when building plans or carrying out the safety of labor, sanitation, and security.
b) No test, evaluation of dangerous, harmful elements in the workplace;
c) Don't send people to work safely, sanitation workers.
d) No statistics, periodic reports or false reports of labor accidents, occupational diseases, serious incidents of law.
2. Fines of between $5,000,000 and 10,000,000% of the employer have one of the following acts:
a) There is no measurement of the harmful factors in the prescribed workplace;
b) There is no variation on the safety of labor safety, sanitation to the workplaces of employers when new construction, expansion or renovation of works, facilities for manufacturing, use, preservation, storage of machine types, equipment, supplies, supplies, and equipment. There is a strict requirement for labor safety, labor hygiene;
c) Do not guarantee the safety of labor, the labor sanitation. Stain. i ' m with the factory by regulation;
d) In violation of the national technical standards of labor safety, labor hygiene or labor safety standards, labor hygiene has announced application in manufacturing, use, preservation, transportation to types of machines, equipment, supplies, energy, and more. Electricity, chemicals, food protection drugs, technological change, new technology imports;
not periodically testing, maintenance of machines, equipment, factories, warehouses by regulation;
e) There are no labor safety guidelines, labor hygiene to the machine, equipment, workplaces or having but not being in a readable position, visible in the workplaces;
g) Not fully equipped with technical means, medical care. p. Okay. to ensure the timely response of the incident, the labor accident;
h) Do not send men with a proper expertise as a staff officer in safety, sanitation. l active in manufacturing facilities, business in areas with a variety of labor accidents, occupational diseases;
i ) Do not classify labour according to the heavy, hazardous, dangerous, and particularly heavy, dangerous, dangerous, dangerous work to carry out the regimes according to regulation;
l) Do not declare, investigation of labor accidents, serious incidents;
l ) Not payment of the cost of the dollar paid and the costs are not in the category due to the health insurance paid to workers who participate in health insurance; do not pay the entire medical costs from the time of the evacuation, the emergency comes when the treatment is stable for them. Workers don ' t participate in health insurance.
m) Do not execute to Bura, restitution to the l Forced labor, occupational diseases, regulations.
3. Consequences of remediation:
a) Force the employer to set up a project on labor safety measures, labor hygiene to the working place of workers when new construction, expansion or renovation of works, facilities for production, use, preservation, storage of types, and other types of work. machine, equipment, supplies, substances with strict requirements for labor safety, sanitation, when there ' s a breach of the breach. Shit. Thank you i Point b 2:
b) Implementing the technical regulations, the labor safety standard, the labor hygiene announced the application to the regulatory violation at Point c and Point 2 This Article;
c) Forced employers to equip technical, medical facilities for violation of regulation at Point 2 This Article;
d) Forcing employers to pay a portion of the cost of the dollar paid and the costs that are not in the category due to health insurance paid to workers who participate in health insurance; pay the full medical costs from when the evacuation, the emergency comes when treatment is stable. For workers who do not participate in health insurance on the behavior of violations at the point of 1 paragraph 2;
) Forced to pay subsidies, compensated workers plus a maximum interest rate imposed on a non-term deposit imposed by the State Bank of Vietnam at the time of the sanctions of the pension, compensated for violations of the violation of the government. I mean, at Point 2, this.
What? 17. Violation of the regulation of labor accidents prevention, occupational illness
1. A penalty or a fine of $500,000 to one. . The million partners for the labourers have one of the following acts:
a) It is not timely to report to the person responsible for finding the risk of a labor accident, occupational illness, malicious or dangerous incidents;
b) Do not participate in the emergency and rectify the labor accident when there is an order of the employer;
c) Personal protection is not used or used by means of personal protection.
2. Capital punishment for employers does not organise labor safety training, labourers for labourers, apprentiers, apprenties when recruiting and working arrangements in one of the following levels:
a) Between $1,000,000 and 3,000,000 in violation of 1 to 10 people;
b) From 3,000,000 to five million coins were from 11 to 50;
c) From 5,000,000 to 10,000,000, it was reported to be from 51 to 100 people.
d) From 10,000,000 to 15,000,000, with a violation of 101 to 300;
Between 15,000,000 and 20,000,000 people with a violation of 301 people.
3. Fines from 10,000,000 to 15,000,000 co-workers with the employer have one of the following acts:
a) Do not take immediate remedied measures or cease the operation of the machine, equipment, workplace at risk of causing labor accidents, occupational diseases;
b) No treatment or medical examination or a separate health profile for occupational patients;
c) There is no training certificate of labor safety, regulatory sanitation;
d) Use the l The safety of labor, sanitation, without a training certificate for safety, sanitation, and regulations.
No information about the situation of labor accidents, occupational diseases, dangerous factors, harmful and occupational safety measures, labor sanitation at work for workers;
e) There is no periodic health examination for the worker by statute;
g) There is no occupational disease for the labourers according to regulations;
h) Not the job layout is consistent with the health of employers who have suffered from occupational diseases, suffering from labor accidents by the conclusion of the Medical Board of Medicine;
i) Disinfection is not done, disinfection for workers working where there is an infection factor, infection at the end of the working hours.
4. Capital punishment for employers has one of the acts: Not equipped with adequate means of personal protection or equipment but does not reach a standard of quality, rules by technical standards for the person who works to have a dangerous, unique element. harm; not carrying out the diet of artifacts for labourers who work in conditions that have dangerous, toxic factors; to And the money ' s going to replace it in one of the following levels:
a) From 3,000,000 to 6,000,000 people, with a violation of 1 to 10 workers.
b) Between 6,000,000 and 10,000,000, it was between 11 and 50 workers.
c) From 10,000,000 to 15,000,000, with a total violation of 51 to 100 workers.
d) Between 15,000,000 and 20,000,000 people with violations of 101 to 300 workers.
From 20,000,000 to 30,000,000 with the violation of 301 workers.
5. Fines of employers in violation of regulations on the use of machine types, equipment, materials with strict requirements for employment safety are as follows:
a) From 1,000,000 to 3,000,000 people on the conduct of non-reporting, the authority has jurisdiction over the examination. i The machine, the device, the supplies have a strict requirement for safety.
b) From 3,000,000 to 5,000,000 people on undeclared conduct prior to the use of machines, equipment, materials with strict requirements for labor safety;
c) From 50,000,000 to $75,000,000. i continue to use machine, equipment, supplies that have strict requirements for labor safety that have made ki ... Okay. Let's go. What? A ki. Okay. I'm not going to love you. And u;
d) Between 2 and 03 times the total cost of machine testing, the device's offense.
6. The money for the organization of the labor safety training service, the labor sanitation violation of the safety of the labor safety training, the labor hygiene is as follows:
a) From 2,000. . The 5,000-to-million-dollar deal is not reported to work on the safety of the labor safety, labor-based sanitation.
b) From 5,000,000 to 10,000,000 partners for one of the acts: The training is not right content, the program; does not guarantee the conditions of faculty, facilities when the training organization; does not maintain the right stipulation of the conditions of service operations. Well, the training under the certificate is eligible for training operations;
c) From 20,000,000 to 25,000,000 to one of the acts: The certificate level, the hu certificate. All I don't know how to do it. All n training; certificate level, certificate of error training; performing training outside the scope of the procedure at the certification of training conditions;
d) From 25,000,000 to a 50,000,000 partner in one of the acts: The profile of the record, the document in the training organization; the fraud in training operation;
Between 50,000,000 and $75,000,000 when there is one of the acts: Practice of training operations when there is no qualified certificate of seizure activity. All n practice or gi All That's enough. Okay. Hu. All Training is out of effect; use of records, false documents, false facts to offer a certificate granting qualified training conditions.
7. The pre-organization of the organization that operates the labor safety engineering test has a violation of the regulation of the safety of the work safety technique as follows:
a) From 2,000,000 to 5,000,000 countries for non-reporting non-reported labor safety techniques by regulation;
b) From 5 million to 10,000,000. i with one of the acts: No properly maintained the regulation of a test-controlled operating condition under a certificate of eligitifully operational condition; continuous in 18 months of not reporting a competent agency on the ki-active situation. Okay. I ' m going to follow it.
c) From 40,000,000 to 50,000,000 partners for one of the acts: The implementation of the operation in addition to the scope of the record in accordance with the certificate is eligible for the test operation; do not perform the specified process;
d) From 50,000,000 to $70,000,000 to one of the acts: The repair of the certificate content is eligible for testing activities; forgery of the case, document upon the implementation of the test; gi a It ' s a fraud in the operation.
No, no, no, no, no. What? n 100,000,000 to a to The Bees behavior: Provides a false test result; provide a test result without performing a test;
e) From 100,000,000 to 150.000,000 to one of the acts: The implementation of the test operation but there is no certificate of sufficient operating condition or certificate of operation. g The test is out of effect; use the profile, the false document, the real error to offer the certificate granting sufficient operational conditions.
8. Fines from $2,000,000 to $4,000,000 in check-up have one of the h Oh. The following:
a) The correct procedure for the specified test is not performed or issued by the authority of the authority;
b) Execute the test when there is no checklist certificate or certificate of checklist expires or in addition to the scope of the record in the certificate.
9. Additional punishment form:
a) The suspension of the training operation from 1 month to 3 months for the organization of the labor safety training service, the labor hygiene has a stipulated violation of regulations at Point 6 This Article;
b) Taking the right to use a certificate of adequate labor safety training, labor hygiene from 1 month to 06 months for the organization of labor safety training, labor hygiene has a breach of regulation at Point c and Point Point. This is six things.
c) The suspension of the operation is between 1 months and 3 months for the operation of the labor safety engineering test operation that has a violation of the regulation at Point 7 of this Article;
d) Deprive the use of a certificate of sufficient operational safety technical safety test operation from 1 months to 06 months. hive The operational safety engineering test service has a violation of regulations at Point c and Point 7 This Article;
No, no, no, no, no. Yeah. 1 month to 3 months for breach of regulation at Point 8 This Article.
10. Consequences of remediation:
a) Repayment of labourers by an item is attributed to a prescribed amount of money to a violation of restitution of the provisions of the provisions of this Article 4;
b) To fully equip the vehicle with a standard of quality protection, the process according to the corresponding technical standard for the worker to have a dangerous, toxic factor to the behavior of infraction on the site of the individual protection vehicle stipulated at the expense of the individual. Four of these things;
c) Forced to stop using machine, equipment, workplace at risk of labor accidents, occupational diseases for violations of regulation at Point 3 This Article;
d) Forced to stop using machine types, equipment, materials with strict requirements for labor safety in accordance with regulatory violations at Point c and Point 5 This Article;
) Forced to recall the certificate, certificate of employment safety, labor hygiene to the violation of regulations at Point Six;
e) Force the recovery of the test results for the violation of the specified breach at Point c and Point 7.
What? 18. Human labor regulations.
1. Warning or punishment. i The range from 500,000 to 1,000,000 people to the employer has one of the following acts:
a) Do not consult with the opinions of female labour or their representative when deciding on matters that are related to the rights and benefits of female labor;
b) Not for the female worker to take a 30-minute break every day during the time of the action.
2. Fines from 10,000,000 to 20,000,000 co-workers with the employer have one of the following acts:
a) Use of female labor for overtime, working at night and traveling as far as one of the cases: Pregnancies from July 07 or from the 6th month if working in the high, deep, remote, border, sea; growing children under 12 months of age;
b) Not doing the job transfer or reduction of work hours on pregnant female labor from July are doing the heavy work stipulated at Clause 2 Article 155 of the Labor Code;
c) Not for female labor during breastfeeding under 12 months of age at 60 minutes per day;
d) There is no guarantee of old employment when the female worker returns to work after the expiration of the statutory maternity leave at Clause 1 and Section 3 Article 157 of the Labor Code;
) Handled labor discipline for female labor during pregnancy, on maternity leave after childbirth under the law of social insurance, raising children under 12 months of age;
e) Dismissal or unilateral termination of labor contracts for female labor for marriage reasons, pregnancy, maternity leave, raising children under 12 months of age, unless the case of employers is a dead individual, suffering from Teng. Let's The declaration of a loss of civil and civilian behavior, the missing or the deceased or the employer is not the person to end the operation;
g) The use of female labor as a job not to use female labor as prescribed at Article 160 of the Labor Code.
What? 19. Violation of juvenile labor.
1. A police charge against the employer has its own non-planning behavior when using unjuvenile labor or not exporting a monitor when the state agency has the authority to request.
2. Fines from 10,000,000 to 15,000,000 co-workers with the employer have one of the following acts:
a) Using a person under the age of 15 without signing a written labor contract with the representative under the law;
b) The use of unborn labor is too time to work on provisions at paragraph 2 Article 163 of the Labor Code;
c) Using people aged 15 to under 18 years of overtime, working at night, except for some professions, the work is permitted by law.
3. Fines from 20,000,000 to 25,000,000 co-workers with the employer have one of the following acts:
a) Employers are unannuated, at the workplace prohibited by regulation at Article 165 of the Labor Code;
b) Using a person under the age of 15 as a job outside the category is legally permitted by law in Clause 1 and Clause 3 Article 164 of the Labor Code.
What? 20. Violation of labor regulation is the one helping the family
1. The penalty for the employer has one of the following acts:
a) Do not sign a written labor contract with the family help;
b) Not paying for a car train when the family's help leave the residence, except for the family's help to end the labor contract before the deadline.
2. A fine of $5,000,000 to $7,000,000 for the employer has the behaviour of keeping the family's identity papers.
3. Consequences of remediation:
a) Forced to pay enough train drivers to the family's help for violating the provisions of the specified breach at the point b 1 This Article;
b) It is required to pay a person's identification to the person who helps the family in violation of the provisions of Article 2 of this.
What? 21. Violation of senior workers
1. A penalty or a fine of $500,000 to 1,000,000 dollars for employers using elderly workers is enjoying a monthly pension but does not pay the amount of social insurance, health insurance, according to the regulation.
2. Fines from 10,000,000 to 15,000,000 co-workers for employers have behavioural labourers. socket i do heavy, toxic, dangerous jobs that have a bad effect on their health. Here. The elderly worker by statute.
3. Remediation: The refund of the deposit. Okay. Society, health insurance on the behavior of violating regulations on this one thing.
What? 22. Violation of the regulations on foreigners working in Vietnam
1. The deportation of foreign workers working in Vietnam has one of the following acts:
a) Working but without a labor permit, except for schools. p is not a worker license level;
b) Use of the work permit expired.
2. Capital punishment for employers using foreign labourers working in Vietnam without a work permit, except for the absence of a labor permit or use of a work permit has expired in one of the following levels:
a) From 30,000,000 to 45,000,000, the use of 1 to 10 people was used.
b) From 45,000,000 to 60,000,000, it was used from 11 to 20 people.
c) Between $60,000,000 and $75,000,000 when it was used from 21 people.
3. Additional form of sanctions: The suspension of the operation of the business from 1 month to 3 months for the behavior of regulations stipulated at paragraph 2 This.
What? 23. Violation of the settlement of labor dispute resolution
1. A police charge against the worker has a conduct of the strike after a decision to postpone or stop the suspension of the Chairman of the Provincial People's Committee, the Central City of Central.
2. Fines of 1,000,000 to 2,000,000 people in the following acts:
a) Obstruct the exercise of the right to strike or incituate, enticing, forcing workers to strike;
b) Obstruct workers from working.
c) Oh. commission The machine, the equipment, the property of the employer, or the orderly, public safety, while the strike or the benefit of the public strike. Okay. It's a violation of other laws.
3. Fines from 3,000,000 to 5,000,000 dollars for employers have one of the following acts:
a) Termination of labor contracts or disciplinary action disciplinary action i workers who lead the strike or the act of the Yeah. i labor, the leader of the strike to work differently, going to work elsewhere. What? The reason for the preparation of the strike or the strike.
b) Let's fight, revenge against the workers of the strike, the leader of the strike.
c) Temporary closure of the workplace in accordance with regulation at Article 217 of the Labor Code.
4. The measure of remediation: Forcing Employers To Pay Employees salaries during days of temporary closure of the work of their employees. Stain. i with the violation of regulations at Section 3 This.
What? 24. Violation of corporate regulations
1. Fines of 1,000,000 to 3,000,000 people in the country's use of labor do not work on the work, not to ensure the necessary means of employment for the union.
2. Fines of between $5,000,000 and 10,000,000% of the employer have one of the following acts:
a) No time-time deployment working for the union cadres is not in charge of union operations;
b) It is not for the company to be in charge of exercising rights and collective welfare as other workers in the same organization;
c) Discrimination on wages, hours of work and other rights and obligations in labor relations in order to impede the establishment, accession and union activities of the labourers;
d) No pay for the union worker was not in charge of the time of the union operation;
No, no, no, no. socket function Okay. Union operations.
3. Fines from 10,000,000 to 15,000,000 co-workers with the employer have one of the following acts:
a) Obstruction, causing difficulties for the establishment, accession and union activities of the labourers;
b) Forcing the laborers to establish, join and operate the union;
c) Ask the workers not to participate or leave the union organization;
d) Not to renew the labor contract for the non-professional union cadres that are in the union term. What? Limit Oh. Labor.
What? 25. Violate other regulations
1. The charge of the warning or fines of between 500,000 and 1,000,000 people on the employer has one of the following acts:
a) Do not set up labor management, payroll or non-appearance when the agency has the required authority;
b) Do not show the use of labor in the 30-day period, since the date of operation and periodic reporting periodically. What? Changing labor in the process of operation with state regulator v ... Okay. the local labor;
c) Violation of sequence rules, procedures, recruitment records d I don't know.
2. Fines from the 5,000,000 to 10,000,000 yuan for discrimination on gender discrimination, ethnicity, skin color, social composition, marital status, religion, religion, HIV infection, disability, and gender identity. to Recruitment, use and management of labor.
What? 26. Violation of the regulation of mandatory social insurance, unemployment insurance.
1. A penalty or a fine of $500,000 to 1,000,000 to a worker who acts as an agreement with the employer does not participate in compulsory social insurance, unemployment insurance.
2. Fines of between 12% and 15% of the total amount must be sealed Okay. Compulsory society, unemployment insurance at the time of the administrative breach of the administrative breach, but maximum not more than 75,000,000 people to use. l There ' s one of the following behaviors:
a) Slow closing of compulsory social insurance, unemployment insurance;
b) Closing compulsory social insurance, unemployment insurance is not correct;
c) Under social security, unemployment insurance does not qualify for compulsory social insurance, unemployment insurance.
3. Fines for between 18% and 20% of the total amount must be forced by compulsory social insurance, unemployment insurance at the time of the administrative breach of the administrative breach but a maximum of no more than 75,000,000 people for employers do not close compulsory social insurance, Unemployment insurance for the entire worker is involved in compulsory social insurance, unemployment insurance.
4. Consequences of remediation:
a) Forced to submit the mandatory social insurance amount, the unemployment insurance is not closed, slow closed to the regulatory violation in Clause 1, Clause 2 and Clause 3 This Article;
b) Forcing the amount of interest of the insurance amount x Oh, Mandatory unemployment, unclosed unemployment, slow to close the interest rate of an investment activity from the Social Insurance Fund of the year in violation of provisions at Clause 2 and Clause 3 This.
What? 27. Violation of filing regulations to enjoy social security.
1. Fines from 500,000 to 1,000,000 people on workers have untrue prescribation behavior or repair, bleaching the content that is associated with the enjoyment of compulsory social insurance, social insurance, self-harm. y Yes, unemployment insurance.
2. Fines from $5,000,000 to 10,000,000 v The employer has a forgery of social insurance records to enjoy social coverage of every fake social insurance plan.
3. The remediation measure: Forced Submission to the Social Insurance organization the social insurance money has received due to the implementation of the regulatory violation in Clause 1 and Clause 2 This.
What? 28. Violation of other regulations on social insurance
1. The charge of the warning or fines of between 300,000 and 800,000 co-workers with the employer has one of the following acts:
a) Without providing documentation, information on mandatory social insurance, unemployment insurance at the request of the state agency has jurisdiction; the government is not required.
b) Do not provide information on compulsory social insurance, the unemployment insurance of the worker when the worker or t is a worker. socket The union demands.
2. Fines of between 200,000 and 500,000. i violation of each employer to the employer who has one of the following acts:
a) Not to pay for the illness of pain, maternity, nursing allowance, health rehabilitation after illness, pregnancy during the 03-day period of work, since the date of receiving enough paper Yeah. The old one a The labourers.
b) No labor accident, occupational illness. to a 15-day period of time, since the date of the receiving decision of the health insurance agency;
c) Lost, damaged, repaired, wiped out the checkbook. Okay. Society.
3. Fines of between $500,000 and 1,000,000 are in violation of each of the labor partners i the employer has one of the following acts:
a) Do not file a profile Communes. mandatory, unemployed insurance for workers for a period of 30 days, since the day of the contract of labor contracts, contract employment or recruitment;
b) No records or texts recommend the social insurance agency: Resolve the retirement mode before 30 days, as of the day the worker is eligible. Okay. Retirement benefits; solving labor accidents, occupational illness after 30 days, since the date of the recipient's valid paperwork;
c) It does not introduce workers to the monitoring of labor capacity at the Board of Medical Monitoring to address the social insurance regime for workers.
4. Fines from 20,000,000 to 30,000,000 dollars for employers have behavior using the target of the target social insurance fund.
5. Consequences of remediation:
a) Repayment of social coverage to the worker for the violation of the specified breach at Point A and Point 2 This Article;
b) Repayment of returns proceeds from the use of the target social insurance Fund for the behavior of regulations stipulated at Clause 4 This.
What? 29. Violation of service conditions of service business
1. Fines from the 5,000,000 to 10,000,000% of the service to the service business brought workers to work abroad under contract (later called the service business) one of the following acts:
a) Do not publish the Service Activity License that takes workers to work abroad in accordance with the rules. Shit. But,
b) Not publicly listed the decision of the delivery service business to the branch and copy of the Service Activity License service which takes workers to work abroad of the service business at the branch headquarters;
c) Using the leader of the operation to take Vietnamese workers to work. in There ' s no higher education from the university.
d) It was not reported to change the executive leader to operate the Vietnamese workers to work abroad as regulations.
2. Fines from 20,000,000 to 40,000,000 dollars for the service business have one of the following acts:
a) Not to announce the assignment of the branch to carry out the service of the service to the Vietnamese workers to work abroad under the rule of law;
b) The use of the executive leader is employed by workers to work abroad not enough for three years of experience in the field of bringing Vietnamese workers to work abroad or activities in the field of cooperation and international relations.
3. Fines from 50,000,000 to $70,000,000 for the service business had one of the following acts:
a) There is no implementation of the organization of the operating machine that brought the Vietnamese workers to work abroad as prescribed for 30 days, since the date was issued a service permit for the service of workers to work abroad;
b) There was no way to organize the organizational machine to fostering the necessary knowledge for Vietnamese workers before going to work abroad for a 90-day period, since the date was granted a permit to service workers to work in the country. -Foreign.
4. Fines of $150.000,000 to 180.000,000 to the service business have one of the following acts:
a) The mission for the three branches in the provinces, and cities of the central city;
b) The assignment to the branch is not correct in accordance with the rule of law;
c) Service Business Branch v It ' s actually going beyond the scope of the task of being assigned to the service of the Vietnamese workers to work abroad.
d) Signing contracts involving employees i work abroad; hiring labor; teaching profession, teaching foreign languages, organizing the food of knowledge required for labourers; collecting workers ' money; bringing workers to work abroad in the time of temporary suspension, suspended implementation of the contract. Labor supply, suspension of operations with a deadline or after receiving notice of not being exchanged for the service of service workers to work abroad.
5. Fines from $180.000,000 to the 200,000,000 co-workers with one of the following acts:
a) Use of the Service Activity License takes workers to work abroad of other businesses to organize Vietnamese workers to work abroad;
b) For t socket In addition, the other individual uses a Service Activity License that takes workers to work overseas. Okay. bringing the Vietnamese labourers to work abroad;
c) The assignment of the operation to run Vietnamese workers to work in the outdoors for the person who had managed another service business was revoked in the service of the service of the service that brought workers to work abroad or to the person in the country. time to be disciplined from the form of warning returns due to a violation of the law of the law of bringing Vietnamese workers to work abroad.
6. Additional form of sanctions: The suspension of the operation brought Vietnamese workers to work abroad as follows:
a) From 1 month to 03 months for the violation of regulations at Points a, Point b and Point 4 This Article;
b) Between 4 months and 06 months for the violation of regulations at the point of Article 4 This Article.
What? 30. Violation of the regulation of contract registration, reporting the bringing of workers to work abroad.
1. Fines from the 5,000,000 to 10,000,000 men were issued for non-reported conduct, making a return to the operation that brought Vietnamese workers to work abroad under the rule of law.
2. The fines for the conduct of Vietnamese workers to work abroad exceed the number of registered workers under the labor supply contract, the contract for the employment of the internship has been approved by the state authority according to the following levels:
a) From 20,000,000 to 40,000,000, the ratio exceeds 30%.
b) Between $60,000,000 and $100,000,000 when the ratio exceeds 30% to less than 50%;
c) From 15,000,000 to 180.000,000, the rate exceeded 50%.
3. Fines from 150.000,000 to 180.000,000 to one of the following acts:
a) Bringing the worker abroad to work but not registering the contract. Oh. Labor supply, legal action. Oh. Receiving or registered labour is not approved by the state authority.
b) The business of the bid, the bid, the organization to invest abroad has the conduct of bringing Vietnamese workers abroad to work without reporting or having reported but has not yet been approved by the state authority.
4. Additional form of sanctions: The suspension of Vietnamese workers working abroad for 6 months to 12 months for violations of regulation at Clause 3 This.
What? 31. Violation of selection of selection, signing and contract liquoration
1. Fines from 20,000,000 to 40,000,000 to the business, the organization has one of the following acts:
a) What? cell Public announcements, provide workers with sufficient information on the number, selection criteria, and conditions of the contract according to regulation;
b) There is no commitment to the worker about the time waiting for the arrival after the worker was hit to work abroad;
c) Not directly recruiting workers.
2. Fined $50,000,000 to $80,000,000 in business, the organization has one of the following acts:
a) There is no contract for the worker according to the regulations.
b) Do not specify the rights and obligations of finance to The bees contract with the worker according to the rules;
c) No liquoration or contract bars for workers to work abroad without regulation;
d) Content The contract for workers to work abroad, the Labour contract, the internship contract is not suitable for the labor supply contract, the contract for the employment of the registered internship;
) The contract of the contract between the company's bid, the bid, the investment organization abroad signed with the worker, H The co-worker was not consistent with the report that brought Vietnamese workers to work abroad as prescribed.
3. Additional form of sanctions: The suspension of the implementation of the Supply Supply Contract from 1 month to 3 months for the conduct of the regulations stipulated at paragraph 2 This.
What? 32. Violations of regulation on occupational skills, foreign languages, knowledge required for workers and employees.
1. Fines from 20,000,000 to 40,000,000 to the business, the organization has one of the following acts:
a) Not fully fostering knowledge. And n the service of the labourers before they go to work abroad according to the rules;
b) Do not perform or perform incomplete examination and level of certificate for the worker after engaging in the necessary knowledge fostering;
c) Do not register the certificate of knowledge of the knowledge required for Vietnamese workers to work abroad in accordance with the regulations;
d) Do not grant the necessary reaccretion document to the prescribed labourers.
2. Fines from $80,000,000 to 100,000,000. v i do not organize or do not associate with vocational training, training facilities for compensation. Occupational skills, foreign languages for employers working abroad at the request of the contract.
3. Fines from 150.000,000 to 180.000,000 to the conduct of the practice did not work to fostering the necessary knowledge of the labourers before going to work abroad.
4. Additional punishment form:
a) Suspension of execution ps co-supply from 03 months to 06 months for a prescribed violation of Clause 3 This Article;
b) Suspension of the labor supply contract from 07 months to 12 months in the h ... p after being suspended for the contract of the labor supply at this point, there is still no remediation due to the violation.
5. The remediation measure: Compensation for vocational skills, foreign languages, ki What? N And n What? t for workers or reimbursable Okay. n the recovered training of the worker (if any).
What? 33. Violation of the regulation of income, file, management, use of brokerage funds, fund money, service money and the proceeds of the worker; close the Fund for Foreign Service Assistance.
1. Fines from 20,000,000 to 40,000,000 to one of the following acts:
a) Collect the worker's selection.
b) Do not collect your contributions l Move into the Fund. l You know, outside of the water.
c) Do not grant the Fund to Support the Foreign employment Assistance Fund. l I mean, I mean, you know
d) No guidance and procedures for workers who are supported from the Fund for Employment Assistance or not transferring support to workers by regulation;
The blisters are not full of the workers ' contributions to the Fund for Foreign employment Assistance;
e) Fully closed into the Water-based Employment Support Fund.
2. A fine of $80,000,000 to 100. . The million partners for one of the following acts:
a) Capture, manage, use, repayment of undefined brokerage;
b) Payment of the service of the worker is not correct;
c) Not reimbursable or completed to It ' s not enough for the worker to share the amount of service in proportion to the remainder of the contract that the contract takes to work abroad in the case of workers who have paid the service for both the time to work under contract. the water before the failure of the worker's fault;
d) Do not submit employees ' contributions to the Fund for Foreign employment Assistance;
) The service business does not close the Fund-based employment support.
3. Fines of between $150.000,000 and 200,000,000 to one of the following acts:
a) Not reimbursable the expenses that the worker has submitted to the service business due to not bringing workers to work abroad;
b) Procurement, management, use of the employee ' s fund money is not correct;
c) Failed to submit enough, the value of the service business of the service business by statute.
4. Additional punishment form: Fuck. Only the active duty of the Vietnamese workers to work abroad is as follows:
a) Between 01 months and 3 months of behavior violation of Article 2 of this Article;
b) From 4 months to 06 months for the violation of regulations at Point b and Point 3 This Article;
c) Between 7 months and 12 months for the violation of regulations at Point 3 This.
5. Consequences of remediation:
a) Forced to close enough funds into the Foreign Employment Assistance Fund on the prescribed violation behavior at the Point and Point 1, point d and Point 2 This Article;
b) The refund is sufficient for the worker for the violation of the specified breach at Point 2 and Point 3 This Article;
c) Force the number of funds to be filed in accordance with the rules. Stain. i with the violation of regulations at point b and Point 3 This.
What? 34. Violation of the regulation of the organization bringing workers to work abroad and managing workers outside of the country.
1. Fines from 20,000,000 to 40,000,000 to one of the following acts:
a) There is no report of the export labor list with the diplomatic representative body, the Vietnam consul body abroad according to the regulation;
b) Not in coordination with the diplomatic representative body, the Vietnam consuvt agency abroad in the management and protection of the legal rights of the workers during the employment period. in -Foreign.
2. Fines from 50,000,000 to $80,000,000 to one of the following acts:
a) There is no management, protection of rights, the legitimate interests of the workers caused by the business to work abroad in accordance with the regulation;
b) It is not timely to solve the problem of birth when the worker dies, suffers from a labor accident, a risk accident, occupational hazard, cyber attack, health, honor, personality. Move. m, property and dispute resolution related to the worker.
3. A fine of $150,000. . $200,000 to one of the following behaviors:
a) Taking advantage of the operation brought Vietnamese workers to work abroad for consulting, recruiting, training, collecting money from workers.
b) The use of Vietnamese workers to work abroad for the organization of bringing Vietnamese citizens abroad is not correct;
c) Bringing workers to work in the area, the industry, the profession and the work is prohibited or not allowed by the country to accept workers.
4. Additional punishment form:
a) The suspension of the Vietnamese labourers working overseas from 01 months to 3 months for the conduct of the provisions of Article 2 of this Article;
b) The suspension of the Vietnamese labourers is working abroad for 6 months to 12 months for the violation of Article 3.
5. The measure of remediation: Forcing the employer of the country at the request of the country to take on the workers or of the state agency with the authority of Vietnam for the violation of the regulations in Clause 2, Point 3 This Article.
What? 35. The violation of the worker goes to work abroad and several other related subjects.
1. Fines from $2,000,000 to 5,000,000. What? We have to sign a contract at a state agency with a prescribed jurisdiction.
2. A fine of $80,000,000 to 100,000,000. i with one of the following acts:
a) Stay in the foreign country after the expiration of the H Copper workers, expiration of residence;
b) Fleeing from the place of the contract,
c) After entering the state of the country, they do not come to work under contract.
d) Enticing, enticing, coercated, defraking Vietnamese workers in foreign countries.
3. Consequences of remediation:
a) Forcing water on a violation of regulations at points a, point b and Point 2 This Article;
b) Prohibition of working abroad for a 2-year period for violation of regulation at Point A and Point 2 This Article;
c) Banned from working abroad for the five-year period Stain. i with differential behavior at point c and point 2 This.
JURISDICTION, PROCEDURE FOR ADMINISTRATIVE VIOLATION
M All right 1
A SENTENCE OF PUNISHMENT.
What? 36. People 's Court of the People' s Committee
1. The chairman of the People's Committee has the right to:
a) The police charge.
b) Fined $5,000,000.
2. The Chairman of the Committee on the District of the District has the right to:
a) The police charge.
b) Fines of up to 37,500,000 are on the behavior of administrative violations in the labor sector, social insurance;
c) Apply the provisions of the additional sanctions prescribed at Chapter II and Chapter III of this decree;
d) Application of the remediation of the prescribed consequences at Chapter II and Chapter III of this decree.
3. The chairman of the Provincial People ' s Committee has the right:
a) The police charge.
b) Fines of up to $75,000,000 for administrative violations in the labor sector, social insurance, and up to 100,000,000 people on administrative violations in the field of bringing Vietnamese workers to work abroad under contract;
c) Apply the additional form of regulatory sanctions at Chapter II, Chapter III and Chapter IV of this Decree;
d) Application of the remediation of the prescribed consequences at Chapter II, Chapter III and Chapter IV of this decree.
What? 37. The Court of Labor Penitentiation Authority
1. The worker of the worker, who was assigned. the case to perform a specialized inspection mission in the enforcement of the right:
a) The police charge.
b) Pay for $500,000.
2. Chief Inspector of the Department of Labor and Social Affairs has the right to:
a) Penalty Ah! o;
b) Fines of up to 37,500,000 are for administrative violations in the labor sector, social insurance, and up to 50,000,000 people for administrative violations in the field of bringing Vietnamese workers to work abroad under the h ... Copper.
c) Apply the additional sanctions form prescribed at Chapter II, Chapter III and Chapter IV of the Decree;
d) Application of the remediation of the prescribed consequences at Chapter II, Chapter III and Chapter IV of this decree.
3. Chief Inspector of the Ministry of Labor-Trade and Social Affairs have the right:
a) The police charge.
b) Fines of up to $75,000,000 for administrative violations in the labor sector, social insurance, and up to 100,000,000 people on administrative violations in the field of bringing Vietnamese workers to work abroad under contract;
c) Apply the additional form of regulatory sanctions at Chapter II, Chapter III and Chapter IV of this Decree;
d) Application of the remediation of the prescribed consequences at Chapter II, Chapter III and Chapter IV of this decree.
4. The head of the senior labor inspector has the right to:
a) The police charge.
b) Fines of up to 52,500,000 are on the administrative violation of labor, social insurance, and up to 70,000,000 people for administrative violations in the field of bringing Vietnamese workers to work abroad in the world. Copper.
c) Apply the additional form of regulatory sanctions at Chapter II, Chapter III and Chapter IV of this Decree;
d) Application of the remediation of the prescribed consequences at Chapter II, Chapter III and Chapter IV of this decree.
5. The head of the Department of Labor Department, the head of the department of state management of the state's governing body, is tasked with carrying out the functions of a specialized field inspector.
a) The police charge.
b) Fines of up to 37,500,000 were in the labor sector, social insurance, and up to 50,000,000, for administrative violations in the field of bringing Vietnamese workers to work abroad.
c) Apply the additional form of regulatory sanctions at Chapter II, Chapter III and Chapter IV of this Decree;
d) Application of the remediation of the prescribed consequences at Chapter II, Chapter III and Chapter IV of this decree.
What? 38. Authority of the Federal Bureau of Labor Management
The Secretary of State for Foreign Affairs Administration has the right to sanctiate the conduct of the prescribed administrative breach in Chapter IV of this decree:
1. The police charge.
2. It's a fine of $100,000,000;
3. Apply the additional penalty form prescribed in Chapter IV of this decree;
4. The application to remedy the consequences of this decree is provided in Chapter IV of this decree.
What? 39. The trial authority of other agencies
1. The man. And The diplomatic representative body, the consuvt agency, the other authority that was authorized to carry out the consuvability function of the Socialist Republic of Vietnam in foreign countries. Okay. n the execution of the administrative violations specified in Chapter IV of this decree:
a) The police charge.
b) It's a fine of $100,000,000;
c) Applying the remediation measure forced the employer of the country at the request of the country to take on the workers or of the competent Vietnamese state agency stipulated in Chapter IV of the onion. a This decree.
2. The Director of the Bureau of Public Affairs, the Director of the Central Committee of the Central Committee of the Central Committee of the Central Committee has the right to decide to adopt the prescribed deportation measure at Article 22 of this decree.
3. In addition to those who have jurisdiction over regulation at Articles 36, Article 37 and Article 38 and Clause 1 and Clause 2 This, those who have the authority to punish the administrative violations of other agencies under the provisions of the Administrative Breach Disposal Law within the jurisdiction. function, the task of being delivered, if the detection of the breach is found. to This Decree in the field or place of its management has the right to sanctiate under the correct regulation at Article 52 of the Administrative Breach Disposal Law.
M All right 2
TRIAL PROCEDURE
What? 40. Set up a breach of the breach
When you discover the administrative breach, the one who has the Move. Scale Okay. n sanctions, civil charges, officials are in charge of the task, the task of being delivered in time of the procedure and execution by regulation at Article 58 of the Administrative Breach Disposal Law.
What? 41. The procedure of fines on the behavior of administrative violations in the operation of workers to work abroad is outside Vietnamese territory.
1. Workers are fined money in the country. o You can pay the fine at the diplomatic representative, the foreign consul in the country.
2. The fines were made in the U.S. dollar or by the money of the country that the workers violated work or by the Vietnamese currency.
The U.S. dollar-income case applies the average exchange rate on the market. to The U.S. dollar bank of the United States, compared to Vietnam, announced by the State Bank of Vietnam at the time of the penalty.
The state ' s money-collecting case where workers violate work is to apply the rate of regulation. socket i from the U.S. dollar at the rate of domestic banking at the publication at the time of the payout or by the bank 's rate where the diplomatic representation agency, Vietnam' s consul agency in the country at the opening of the state budget ' s detention fund and is kept stable. For a period of 6 months.
What? 42.
1. This decree has been in effect since 10 October 2013.
2. Number Protocol 47 /2010/NĐ-CP 06 n g 5 2010 of the Government stipulated administrative sanctions on the violation of labor law; United States Digital Agenda. 86 /2010/NĐ-CP August 13, 2010 by the Government of the Government to rule out administrative violations in the field of social insurance and the digital decree. 144 /2007/NĐ-CP September 10, 2007 of the Government of the Government stipulated that the administrative violation of the operation in bringing Vietnamese workers to work abroad under contract expires since the date of the Decree is valid.
What? 43. The transfer clause
1. The violations occurred before July 1, 2013, which were later discovered or considered, to address the regulation of sanctions at this Decree if it is beneficial to individuals, the organization of administrative violations. For Vietnamese workers abroad whose behavior is to flee from the place of work under contract or stay abroad after the expiration of the contract of labor before the date of this Decree is valid, which is voluntary of the country during the period of 03. In the months, since the date of this decree is enforced, it does not apply to regulation at Article 35 of this decree.
2. For the decision to sanctiate the administrative breach was issued or were executed before July 1, 2013 in which individual, including: hive The defendant is subject to breach of the breach or the person who is subject to the trial of the law, and the complaint applies. d The rules of the order. X We have to deal with the breach.
What? 44.
1. The Minister of Labor-Trade and Social Affairs has the responsibility of guiding, examining the implementation of this decree.
2. Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People's Committee, the Central Committee of the Central Committee is responsible for the implementation of this decree. .
TM. THE GOVERNMENT. |
|||
Prime Minister |
|||
(signed) |
|||
Dao Dung |
|||
