Decree No. 86/2010/ND-CP dated August 13, 2010 of the Government on sanctioning of administrative violations in the social insurance domain

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Decree No. 86/2010/ND-CP dated August 13, 2010 of the Government on sanctioning of administrative violations in the social insurance domain
Issuing body: GovernmentEffective date:
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Official number:86/2010/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:13/08/2010Effect status:
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Fields:Administrative violation , Insurance
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Effect status: Known

 

THE GOVERNMENT
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No. 86/2010/ND-CP
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness

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Hanoi, August 13, 2010
 
 
DECREE
ON 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 and the April 02, 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
 
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree provides administrative violations, sanctioning forms and levels, competence and procedures, and remedies for administrative violations of the social insurance law.
An administrative violation in the social insurance domain means an individual's, agency's or organization's act of intentionally or unintentionally violating the social insurance law, which is not a crime and must be administratively sanctioned under law.
2. This Decree docs not apply to violations of the laws on health insurance, savings deposit insurance and other commercial insurance.
Article 2. Subjects of application
1. Subject to sanctioning are:
a/ Agencies, organizations and individuals committing administrative violations in the social insurance domain (below referred to as violators);
b/ Foreign individuals and organizations committing administrative violations in the social insurance domain within the territory, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party.
2. Agencies, organizations and individuals involved in the sanctioning of administrative violations in the social insurance domain.
3. This Decree does not apply to cadres and civil servants who commit violations defined in this Decree when they are performing their assigned official duties. Their violations shall be handled under the law on cadres and civil servants.
Article 3. Sanctioning principles, aggravating and extenuating circumstances
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