CIRCULAR guide the blind criminal liability who have violations of law in the field of Labor export abroad _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To the correct and uniform enforcement of the rule of law in the handling of the legal acts in the field of Labor export abroad , contributes to the strengthening of economic cooperation with other countries, Labour-Ministry of labour, invalids and Social Affairs, the Ministry of public security, the Supreme People's Procuratorate, the Supreme People's court system for guiding the blind criminal liability who have violations of law in the field of Labor export abroad as follows : I. The prejudice to criminal acts organized people, forced workers to remain in the unauthorized foreign 1. Explanation of terms 1.1. "Laborers working abroad" is a citizen of Vietnam was taken away to work abroad in the form of Labor export (hereinafter referred to as "employees").
1.2. "Organization for workers staying illegally abroad" is made in one of the following behaviors help for workers to stay abroad (in the back country of receiving contract workers go to work abroad or stay in the third country) contrary to the provisions of the law of Vietnam : a) planning or counseling for workers staying illegally abroad;
b) Created the conditions of material such as: find accommodation, introduce the place to find work, for money, provided the media ... or create other conditions such as: do the fake identification, provide identification ... for workers staying illegally abroad.
1.3. "forced laborers to stay abroad illegally" is used of force, threat of force, the menace of the spirit, control or advantage of the subject material or other behavior to force the workers to stay abroad.
2. The subject of the crime Who was blind for criminal liability for the crime organization, forced others to remain in the unauthorized alien prescribed in article 275 of the Penal Code (hereinafter abbreviated PENAL CODE) and the guidance in this circular is Vietnam, citizens who do not have permanent citizenship in Vietnam guilty outside the territory of Vietnam. The object of a crime on the territory of Vietnam may also be prejudice criminal liability according to the instructions in this circular if in the same case that also has other criminal object outside Vietnam.
3. About the way you handle 3.1. The charges of a) Who would perform one of the acts be directed in subsection 1.2 item 1 of part I of this circular, then being prejudice to criminal offence "held others remain abroad illegally" stipulated in article 275 PENAL CODE.
b) Who would perform one of the acts be directed in subsection 1.3 item 1 of part I of this circular, then were then being prejudice to criminal offence "forced others to stay abroad illegally" stipulated in article 275 PENAL CODE.
c) Who would perform many acts are directed at subsection 1.2 and 1.3 subsection item 1 of part I of this circular that the acts that are closely related to each other (this behavior is conditioned to perform or is the result of the other offence), then being prejudice criminal liability with the full offence for acts already performed on the crime of "Organization, forced others to stay abroad illegally" stipulated in article 275 PENAL CODE and only incur a penalty.
For example, Nair A plan for Nair B is Vietnam workers stay in foreign countries. Upon seeing Nair B didn't want to stay abroad, the Nair A threatening to kill his wife, a son of B or B. In this case, A must be prejudice criminal responsibility with full charges for the acts made on charges of "organizing, forced others to stay abroad illegally".
d) Who would perform many acts are directed at subsection 1.2 and 1.3 subsection item 1 of part I of this circular that it acts independently of each other, then being prejudice criminal liability on the independent crime correspond to the crime is the crime of "organize others remain abroad illegally" and "forced others to stay abroad left "the provisions of article 275 PENAL CODE. When the trial court to decide the punishment for each crime and PENAL CODE article 50 applies to sentencing.
For example, the ceiling N do passport and find accommodation for Le Van C to Le Van C stayed abroad illegally, while the ceiling N advantage of Le M subordinate themselves physically and control forced Le M in unauthorised overseas again. In this case, the ceiling was N save the criminal liability of the two crimes: the crime of "organize others remain abroad illegally" for making fake passport behavior and search for accommodation Le Van C and "forced others to stay abroad illegally" for acts of abusing A dependent M themselves physically and control forced Le M in back unauthorized alien.
3.2. determining the framing aggravating a) "sinned repeatedly" prescribed in clause 2 Article 275 PENAL CODE is available from two guilty or more (twice the Organization for workers staying illegally abroad; twice forced laborers in unauthorised foreign again that regardless of the acts that performed at the same location in a work or in different places.) and in the conviction that the offender not have times would be prejudice to criminal and not all time prejudice criminal liability.
b) "Cause serious consequences" specified in paragraph 2 to article 275 PENAL CODE when in one of the following cases:-organize, forced from five to 10 workers remain abroad illegally;
-Illegal profits from the Organization, forced workers to stay overseas illegally from 30 million to 100 million.
c) "very serious consequences" specified in paragraph 2 to article 275 PENAL CODE when in one of the following cases:-organize, forced from 11 to 15 workers to stay abroad illegally;
-Illegal profits from the Organization, forced workers to stay overseas illegally from 100 million to over 300 million;
-Making labour receiving countries to temporarily suspend or discontinue receiving Vietnam labor to work in some lines.
d) "Cause particularly severe consequences" to the provisions in paragraph 3 Article 275 PENAL CODE when in one of the following cases:-organize, forced from 16 employees and over stayed abroad illegally;
-Illegal profits from the Organization, forced workers to stay overseas illegally from across 300 million;
-Making labour receiving countries to temporarily suspend or discontinue receiving Vietnam labor work.
II. The criminal responsibility of rescue workers staying illegally abroad 1. Explain the wording "workers remain abroad illegally" Vietnam citizens being taken away to work abroad in the form of Labor export in labor time limit or expiry of the contract workers were arbitrarily hide and stay abroad (in the back country of receiving contract workers go to work abroad or stay in third countries) are not permission of competent State agencies of Vietnam and is shown by one of the following behaviors: 1.1. Fled soon after the entry into the receiving country's labor to stay overseas illegally prescribed in clause 5 article 4 of Decree 141/2005/ND-CP on 11/11/2005 of the Government on the management of labor to work abroad (here written as Decree No. 141);

1.2. Arbitrarily remove where are working under employment contracts to stay overseas illegally prescribed in paragraph 6 of article 4 of Decree 141;
1.3. Not on water when terminating labor contract according to the defined period of the country specified in paragraph 7 article 4 of Decree No. 141.
2. The subject of crime 2.1. People suffer prejudice to criminal offence "in the back of unauthorized foreign" stipulated in article 274 PENAL CODE and tutorials in this circular are the workers in one of the following cases: a) the worker has sanctioned administrative offense and apply remedial measures "binding" the formalities sanctioned and enforced regulatory sanction decisions in article 31 of Decree No. 141 but after 30 days from the date of notification of the Executive decided not to sanction that person sanctioned still does not accept the punishment decision.
b) workers have accepted the decision sanctioning administrative violations and remedial measures "forced on water", but yet the expiry of one year from the day on the water was put to work legally abroad in the form of Labor export and has performed one of the acts was the guide in section 1 of part II of this circular.
2.2. The other person is not the subject be directed in subsection 2.1 of this entry may also be prejudice to criminal offence "in unauthorized foreign again" with the role.
III. Jurisdiction And Procedure Of PREJUDICE CRIMINAL LIABILITY Who HAVE VIOLATIONS Of LAW In The FIELD Of LABOR EXPORT Abroad 1. Jurisdiction 1.1. The competent court for hearing the case on charges of "illegal alien" in the back and on charges of "organizing, forced others to stay abroad illegally" in the area of Labor export as instructed in this circular are the people's courts of the cities directly under the Central Government (hereinafter the province) the last residence of the accused in the country before exiting.
1.2. The determination of the place of residence of the final defendant in the country before the exit as follows: a) Where the accused has permanent residence before exiting;
b) in the case of the accused do not have permanent residence before the exit, the final residence is defined as where the accused has registered permanent resident or regular place to live before you exit or where the accused do the exit procedure.
2. jurisdiction the prosecution, investigation and prosecution of 2.1. The prosecution, investigation and prosecution of the crime of "illegal expats to stay" and "organized, forced others to stay abroad illegally" in the area of Labor export as instructed in this circular under the authority of the Security Agency investigation of public security provincial and provincial people's Procuratorate.
2.2. jurisdiction the prosecution, investigation and prosecution of security agencies in the investigation of public security provincial and provincial people's Procuratorate are determined according to the jurisdiction of the provincial courts are instructed in section 1 of part III of this circular.
2.3. When it is necessary to investigate or mandate when the superior institution deems necessary to direct the investigation, the investigating authority or the mandate to investigate the direct superior of the investigation was done according to the provisions of the law on the criminal investigation.
3. The procedure of prosecution procedures, investigation, prosecution, hearing of the crime of "illegal expats to stay" and "organized, forced others to stay abroad illegally" in the area of Labor export must comply with the provisions of the code of criminal procedure (hereafter abbreviated as the CRPC).
IV. Coordination between the foreign labor management Bureau-Ministry of labour, invalids and Social Affairs and other competent authorities 1. The responsibility of the foreign labor management Bureau.
1.1. When the organization acts, forced others to stay abroad illegally according to the instructions in section I of this circular, Overseas Labor Management Bureau collect fully documented, evidence of violations and making recommendations to prosecute text. In the text of recommendations to prosecute specific records required: full name, date of birth, last place of residence in the country before the exit of the violation; Passport number; Summary of violations who need to access the saved criminal liability. The text of recommendations to prosecute and the documents and evidence collected are sent to investigate security agency public security provincial court where the same level have jurisdiction to consider the case, the decision whether to prosecute. Documents, the evidence included the text of recommendations included prosecution memorandums about violations; other documents prove valuable organizational behavior, forced workers to Vietnam staying abroad illegally. If the documents in foreign languages must be translated into Vietnamese and have attested.
The text of recommendations to prosecute must also be submitted to the people's Procuratorate at the same level with the court having jurisdiction of the case to the Prosecutor handling the recommendations to prosecute.
1.2. When workers have stayed abroad illegally according to the instructions in section II of this circular, Overseas Labor Management Bureau collect fully documented, evidence of violations and the handling of administrative violations as stipulated in Decree No. 141 and made the text of recommendations to prosecute. In the text of recommendations to prosecute specific records required: full name, date of birth, last place of residence in the country of workers before going abroad; Passport number; Summary of violations of the workers need to prejudice criminal liability. The text of recommendations to prosecute and the documents and evidence collected are sent to investigate security agency public security provincial level where the Court has jurisdiction to review the case, the decision to prosecute. Submit evidence documents the text of recommendations to prosecute include: original (or copy) the minutes of administrative violations and originals (or copies) of decision sanctioning administrative violations (or other valuable documents prove the already sanctioned administrative violations) about the behavior remain abroad illegally; the text of the authorized person informed of the sanctions does not accept the decision sanctioning administrative violations with respect to case workers did not accept the decision on administrative penalty according to the provisions in paragraph 3 article 31 of Decree 141 or a violation or other document proving the second violation (re-offending behaviour) for the case of the Executive has decided the administrative sanction, but the violation; the documents of the Agency, foreign organizations about violations of workers (if available); other related documents. If the documents in foreign languages must be translated into Vietnamese and attested legally.
The text of recommendations to prosecute must also be submitted to the people's Procuratorate at the same level with the court having jurisdiction of the case to the Prosecutor handling the recommendations to prosecute.
1.3. The direct delivery of prosecution recommendations and text documents, and evidence between foreign labor management Bureau and security investigation agency to be established thereon, including signature and specify the name of the recipient, and lists the documents delivery of evidence.
2. The responsibility of the investigating authorities after receiving the text of recommendations to prosecute and the documentary evidence, due to overseas Labor Management Bureau moved to, within its responsibilities, the Agency must examine the verification, sources, exchange of unification with the people's Procuratorate at the same level and addressed as follows :

2.1. in case it deems not enough base to prosecute the case, the need for additional evidence, the investigating authorities ask foreign labor management Bureau additions.
2.2. The case found there was enough to base the Agency investigating the decision to prosecute the case, the prosecution accused under the provisions of the CRPC; at the same time notify the immigration management Department-Ministry of public security to manage and track the object entry serves for requesting the investigation.
2.3. The case found no sufficient grounds for prosecution of the case, the coroner decides not to prosecute criminal cases.
2.4. The decision to prosecute the case, the prosecution accused or not to prosecute the case of the investigating authorities and the relevant documents must be sent to the Procuratorate at the same level as prescribed by the law. The investigating authority must announce the results solve for Foreign Labor Management Bureau said.
2.5. In case can be prosecuted before returning the Agency to consider, decide to apply preventive measures in accordance with the law, and to implement the necessary measures, precautions, accused fled or cannot accept the decision, requested by investigating authorities.
3. The responsibility of the immigration management Department-Ministry of public security case workers to stay abroad, then returned to Vietnam, then on the basis of the list of workers to be prosecuted by the investigation agency reported, Immigration Administration-Ministry of public security is responsible for directing the police station at the gate when they enter the scene about Vietnam, then press right for authorities to know to handle according to the authority.
4. The liability of the Agency, the organization concerned diplomatic missions, consulates of Vietnam abroad, labor management and the agencies, organizations, individuals are responsible for coordinating and implementing the requirements of the investigation, the Procurator and the Court in providing information related documents, serve the prosecution, investigation, prosecution and trial of the case.
V. effect 1. This circular has the effect after 15 days from the date The report.
2. During the implementation process, if there are problems that need explanation or additional instructions then reported the Ministry of labor, invalids and Social Affairs, the Ministry of public security, the Supreme People's Procuratorate, the Supreme People's Court to have the explanation or additional instructions promptly.