VietnameseDecree No. 135/2007/ND-CP dated August 16, 2007 of Government providing for the sanctioning of administrative violations in the social insurance domain
ATTRIBUTE
Decree No. 135/2007/ND-CP dated August 16, 2007 of Government providing for the sanctioning of administrative violations in the social insurance domain
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 135/2007/ND-CP | Signer: | Nguyen Tan Dung |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 16/08/2007 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administrative violation , Labor - Salary , Policy |
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THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom - Happiness |
No.135/2007/ND-CP | Hanoi, August 16, 2007 |
DECREE
PROVIDING FOR THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE SOCIAL INSURANCE DOMAIN
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government:
Pursuant to the June 29, 2006 Social Insurance Law;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
Pursuant to the June 29, 2006 Social Insurance Law;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1. Governing scope
This Decree prescribes acts of administrative violation; sanctioning forms, levels and competence, remedies and procedures for sanctioning administrative violations in the social insurance domain.
Article 2. Subjects of application
1. Vietnamese agencies, organizations and individuals that commit acts of intentionally or unintentionally violating the provisions of the social insurance law, which do not constitute crimes, shall be sanctioned according to the provisions of this Decree.
2. Foreign agencies, organizations and individuals that intentionally or unintentionally commit administrative violations of the social insurance law within the territory of the Socialist Republic of Vietnam shall also be administratively sanctioned according to the provisions of this Decree. When treaties to which the Socialist Republic of Vietnam is a contracting party otherwise provide for, such treaties prevail.
3. Public officials and employees who commit social insurance-related violations while performing assigned tasks in the social insurance domain, which, however, do not constitute crimes, shall be disciplined according to law on public officials and employees.
Article 3. Principles for sanctioning violations of social insurance law
1. The administrative sanctioning of acts of violating the social insurance law will be effected by competent persons defined in Articles 40 and 41 of this Decree.
Agencies, organizations and individuals shall be administratively sanctioned for acts of violating the social insurance law only when they commit violations specified in Chapter II of this Decree.
2. The administrative sanctioning of acts of violating the social insurance law must be carried out in a swift, fair and resolute manner within the prescribed time limits. When acts of violation are detected, they must be immediately stopped; all consequences of administrative violations must be redressed according to the provisions of law.
3. An act of administrative violation shall be sanctioned only once. A person committing many acts of violation shall be sanctioned for every act of violation. If many persons jointly commit an act of violation, each of the violators shall be sanctioned.
4. The sanctioning of administrative violations must be based on the nature and severity of the violations, the personal records of violators and the extenuating and aggravating circumstances defined in Articles 5 and 6 of this Decree in order to decide on appropriate sanctioning forms and measures.
5. Administrative violations committed in cases of emergency circumstances or unexpected incidents or by persons who are suffering a mental disease or other ailments which have deprived them of the capacity to be aware of or control their acts are not sanctioned.
Article 4. Application of forms of sanctioning administrative violations and consequence remedies
1. When sanctioning administrative violations, persons with sanctioning competence may only apply the sanctioning forms and consequence remedies (if any) already prescribed for the acts of violation.
Each act of administrative violation is only subject to one principal sanctioning form. In addition to the principal sanctioning form, one or many additional sanctioning forms and remedies can be applied, depending on the nature and severity of specific violations. Additional sanctioning forms and remedies may only be applied in association with principal sanctioning forms, except for cases where the time limits specified in Clause 1, Articles 10 and 69 of the Ordinance on Handling of Administrative Violations expire.
2. Caution is a principal sanctioning form which is only applicable to minor, first-time violations involving extenuating circumstances and acts of violation for which the sanctioning form of caution is prescribed.
3. Fine is a principal sanctioning form which is applied as follows: A specific fine level for an act of administrative violation is the average of the fine bracket prescribed for each act of violation; if extenuating circumstances are involved, the fine level may be lower but not below the minimum level of the fine bracket; if aggravating circumstances are involved, the fine level may increase but must not exceed the maximum level of the fine bracket.
4. Definite or indefinite deprivation of the rights to use assorted permits is an additional sanctioning form which may only be applied to cases where agencies, organizations or individuals seriously violate the regulations on the use of assorted permits and to acts of violation for which this sanctioning form is prescribed.
5. Remedies may be applied only when these measures are prescribed for acts of administrative violation and applied in conjunction with principal sanctioning forms, aiming to resolutely handle violations, to get rid of the causes and conditions for recidivism and to remedy the consequences caused by administrative violations.
Article 5. Extenuating circumstances
1. Administrative violators have prevented or reduced harms caused by their violations or voluntarily remedied the consequences and compensate for damage.
2. Administrative violators have voluntarily reported their violations and honestly redeemed their faults.
3. Violations are committed in the state of being mentally incited by illegal acts of other persons.
4. Violations are committed under pressure or due to material or spiritual dependence.
5. Violators are pregnant women, weak old persons, people who suffer ailments or disabilities, which restrict their capacity to cognize or control their acts.
6. Violations are committed in plights of extraordinary difficulty not caused by violators.
7. Violations are committed due to backwardness.
Article 6. Aggravating circumstances
1. Committing violations in an organized manner.
2. Committing violations time and again or relapsing into violations in the social insurance domain.
3. Inciting or enticing minors or compelling their material or spiritual dependents to commit violations.
4. Committing violations in the state of being detoxicated by alcohol, beer or other stimulants.
5. Abusing positions or powers or taking advantage of laborers difficult plights to commit violations.
6. Taking advantage of circumstances of war, natural calamity or other extraordinary difficulties confronted by the society to commit violations.
7. Committing violations while serving criminal judgments or administrative violation-sanctioning decisions.
8. Continuing to commit administrative violations even though competent persons have demanded the termination of such acts.
9. Shirking or covering up acts of administrative violation after they are committed.
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