Nghị định 135/2007/ND-CP

Decree No. 135/2007/ND-CP of August 16, 2007, providing for the sanctioning of administrative violations in the social insurance domain.

Decree No. 135/2007/ND-CP of August 16, 2007, providing for the sanctioning of administrative violations in the social insurance domain. đã được thay thế bởi Decree No. 86/2010/ND-CP, on sanctioning of administrative violations và được áp dụng kể từ ngày 01/10/2010.

Nội dung toàn văn Decree No. 135/2007/ND-CP of August 16, 2007, providing for the sanctioning of administrative violations in the social insurance domain.


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,

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.

Article 7. Sanctioning forms

1. For every act of administrative violation of the social insurance law, violating agencies, organizations and individuals are subject to one of the following principal sanctioning forms:

a/ Caution:

b/ Fine.

2. Depending on the nature and severity of their violations, agencies, individuals and organizations that commit administrative violations in the social insurance domain may also be subject to one or both of the following additional sanctioning forms:

a/ Definite or indefinite deprivation of the right to use operation permits as provided of by law;

b/ Confiscation of material evidences and means used for commission of administrative violations.

3. Violating agencies, organizations and individuals are subject to the application of one or more of the following remedies to restore the initial state altered due to their administrative violations:

a/ Compulsory repayment of social insurance premium amounts into the social insurance fund within 5 working days after the sanctioning decisions are issued against persons who commit violations in social insurance premium payment defined in Article 134 of the Social Insurance Law:

b/ Compulsory payment of interests on the social insurance premium amounts not yet paid or late paid at the interest rates applicable to activities of investment from the social insurance fund within a year, for employers who have not yet paid or late paid social insurance premiums for 30 days or more;

c/ Compulsory reimbursement of social insurance premiums to laborers within 5 working days after the sanctioning decisions are issued against employers;

d/ Compulsory modification and re-submission of falsified papers.

4. In addition, violating agencies, organizations and individuals are also subject to the application of other remedies specified in this Decree.

Article 8. Statute of limitations for handling of administrative violations

1. The statute of limitations for sanctioning administrative violations of the social insurance law defined in this Decree is 12 months from the date the administrative violations are committed: past this time limit, the administrative violations will not be sanctioned but are still subject to the application of remedies specified in Clauses 3 and 4, Article 7 of this Decree.

2. If within the time limit prescribed in Clause 1 of this Article the violating agencies, organizations or individuals commit new administrative violations in the social insurance domain or deliberately shirk or delay the sanctioning, this statute of limitations may not be applied; the statute of limitations for sanctioning administrative violation is recounted from the time the new administrative violations are committed or the time the acts of shirking or delaying the sanctioning terminate.

3. For individuals who are subject to legal proceedings or prosecution or have their cases decided to be brought to trial according to criminal procedures but later receive decisions on suspension of investigations or their cases, they shall be administratively sanctioned if their acts show signs of administrative violation; in this case, the sanctioning statute of limitations is three months from the date of issuing the decisions on suspension of investigations or cases.

Article 9. Duration for being considered not having been administratively sanctioned

Agencies, organizations or individuals sanctioned for administrative violations of the social insurance law may be considered not having been administratively sanctioned in the social insurance domain if within 12 months after they have completely served the sanctioning decisions or after the statute of limitations for execution of the sanctioning decisions they do not relapse into violations.

Chapter 2

ACTS OF VIOLATION, SANCTIONING FORMS AND LEVELS

Section 1. FOR EMPLOYERS

Article 10. Acts of failing to pay social insurance premiums for all laborers liable to compulsory social insurance

1. Caution or a fine of between VND 100,000 and under 1,000,000, when committing the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 1,000,000 and under 7,000.000. when committing the violation against between 11 and 50 laborers;

b/ Between VND 7,000.000 and under 10,000,000, when committing the violation against between 51 and 100 laborers:

c/ Between VND 10,000,000 and under 15,000,000. when committing the violation against between 101 and 500 laborers:

d/ Between VND 15,000,000 and 20,000,000. when committing the violation against 501 or more laborers.

3. Additional sanctioning form: Definite deprivation of the right to use operation permits, for employers who violate Point c, Clause 2 of this Article three times or more, or indefinite deprivation of the right to use operation permits, for employers who violate Point d, Clause 2 of this Article three times or more.

4. Remedies: The remedies defined at Points a and b, Clause 3, Article 7 of this Decree are applied to employers who commit the violations defined in Clauses 1 and 2 of this Article.

Article 11. Acts of failing to pay social insurance amounts according to regulations in w ages of laborers who are not liable to compulsory social insurance

1. Caution or a fine of between VND 100,000 and under 1,000,000, when committing the violation against between 1 and 10 laborers.

2. Fines:

a/ Between VND 1,000,000 and under 5,000,000. when committing the violation against between 11 and 50 laborers;

b/ Between VND 5,000,000 and under 7,000,000, when committing the violation against between 51 and 100 laborers;

c/ Between VND 7,000.000 and under 10,000,000, when committing the violation against between 101 and 500 laborers;

d/ Between VND 10,000,000 and 15,000,000, when committing the violation against 501 or more laborers.

3. Additional sanctioning form; Definite deprivation of the right to use operation permits, for employers who commit the violation defined at Point c, Clause 2 of this Article three times or more, or indefinite deprivation of the rights to use operation permits, for employers who commit the violation defined at Point d, Clause 2 of this Article three times or more.

4. Remedy: The remedy defined at Point c, Clause 3, .Article 7 of this Decree is applied to employers who commit the violations defined in Clauses 1 and 2 of this Article.

Article 12. Acts of paying social insurance premiums not for all laborers liable to compulsory social insurance

1. Caution or a fine of between VND 100,000 and under 1,000,000, when committing the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 1,000,000 and under 3,000,000, when committing the violation against between 11 and 50 laborers;

b/Between VND 3,000.000 and under 5,000,000, when committing the violation against between 51 and 100 laborers;

c/ Between VND 5,000,000 and under 10,000,000, when committing the violation against between 101 and 500 laborers;

d/ Between VND 10,000,000 and 15,000,000, when committing the violation against 501 or more laborers.

3. Additional sanctioning form: Definite deprivation of the right to use operation permits, for employers who commit the violation defined at Point c, Clause 2 of this Article three time or more, or indefinite deprivation of the right to use operation permits, for employers who commit the violation defined at Point d, Clause 2 of this Article three times or more.

4. Remedies: The remedies defined at Points a and b, Clause 3, Article 7 of this Decree are applied to employers who commit the violations defined in Clauses 1 and 2 of this Article.

Article 13. Acts of failing to pay social insurance premiums within the prescribed time limit

1. Caution or a fine of between VND 100,000 and under 700,000, when committing the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 700,000 and under 2,000,000, when committing the violation against between 11 and 50 laborers:

b/ Between VND 2,000,000 and under 4,000,000. when committing the violation against between 51 and 100 laborers;

c/ Between VND 4,000,000 and under 7,000,000. when committing the violation against between 101 and 500 laborers;

d/ Between VND 7,000,000 and 12,000,000, when committing the violation against 501 or more laborers.

3. Remedies: The remedies defined at Points a and b, Clause 3, Article 7 of this Decree are applied to employers who commit the violations defined in Clauses 1 and 2 of this Article.

Article 14. Acts of paying social insurance premiums below prescribed levels

1. Caution or a fine of between VND 100,000 and under 500,000, when committing the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 500,000 and under 1,000,000, when committing the violation against between 11 and 50 laborers;

b/ Between VND 1,000,000 and under 3,000,000, when committing the violation against between 51 and 100 laborers;

c/ Between VND 3,000,000 and under 5,000,000, when committing the violation against between 101 and 500 laborers;

d/ Between VND 5,000,000 and 10,000,000, when committing the violation against 501 or more laborers.

3. Remedies: The remedies defined at Points a and b, Clause 3, Article 7 of this Decree are applied to employers who commit the violations defined in Clauses 1 and 2 of this Article.

Article 15. Acts of giving certifications or making lists at variance with reality for laborers to enjoy allowances for ailment, maternity, labor accidents or occupational diseases

1. Caution or a fine of between VND 100,000 and under 1.000.000, when committing the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 1,000,000 and under 5,000,000, when committing the violation involving between 11 and 50 laborers;

b/ Between VND 5,000,000 and under 10,000,000, when committing the violation involving between 51 and 100 laborers;

c/ Between VND 10,000,000 and under 15,000,000, when committing the violation involving between 101 and 500 laborers;

d/ Between VND 15,000,000 and 20,000,000, when committing the violation involving 501 or more laborers.

3. Remedies:

a/ Compulsory repayment of improperly paid amounts to social insurance organizations;

b/ Compulsory modification, re-submission of papers improperly certified by employers.

Article 16. Acts of falsely certifying the social insurance payment duration and levels of laborers

1. Caution or a fine of between VND 100,000 and under 1,000,000, when committing the violation involving between 1 and 10 laborers.

2. Fine:

a/ Between VND 1,000.000 and under 5,000.000, when committing the violation involving between 11 and 50 laborers:

b/ Between VND 5,000,000 and under 10,000,000, when committing the violation involving between 51 and 100 laborers;

c/ Between VND 10,000.000 and under 15,000,000, when committing the violation involving between 101 and 500 laborers;

d/ Between VND 15,000,000 and 20,000,000, when committing the violation involving 501 or more laborers.

3. Remedies:

a/Compulsory reimbursement of improperly paid amounts to social insurance organizations within 5 working days after the sanctioning decisions are issued against persons who commit the violations defined in Clauses 1 and 2 of this Article;

b/ Compulsory modification, re-submission of papers improperly certified by employers within 5 working days after the sanctioning decisions are issued against persons who commit the violations defined in Clauses 1 and 2 of this Article.

Article 17. Acts of failing to compile dossiers or failing to carry out procedures for laborers to enjoy social insurance benefits within 30 days after the conclusion of labor contracts, working or recruitment contracts

1. Caution or a fine of between VND 100,000 and under 1,000,000. when committing the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 1,000,000 and under 5,000,000, when committing the violation against between 11 and 50 laborers;

b/ Between VND 5,000,000 and under 10,000,000, when committing the violation against between 51 and 100 laborers:

c/ Between VND 10,000,000 and under 15,000,000, when committing the violation against between 101 and 500 laborers:

d/ Between VND 15,000,000 and 20,000,000, when committing the violation against 501 or more laborers.

3. Remedy: Forced performance of the obligations to compile and complete dossiers, to carry out the procedures for laborers within 5 working days after the sanctioning decisions are issued against persons who commit the violations defined in Clauses 1 and 2 of this Article.

Article 18. Acts of failing to pay social insurance allowances to laborers

1. Caution or a fine of between VND 100,000 and under 1,000,000, when commuting the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 1,000,000 and under 5,000,000, when committing the violation against between 11 and 50 laborers:

b/ Between VND 5,000,000 and under 10,000.000, when committing the violation against between 51 and 100 laborers:

c/ Between VND 10,000,000 and under 15,000,000. when committing the violation against between 101 and 500 laborers;

d/ Between VND 15,000,000 and 20,000,000, when committing the violation against 501 or more laborers.

3.,Remedy: Compulsory payment of social insurance allowances to laborers within 5 working days after the sanctioning decisions are issued against persons who commit the violations defined in Clauses 1 and 2 of this Article.

Article 19. Acts of delaying the payment to social insurance beneficiaries after 30 days counting from the date of receiving the payment decisions of social insurance organizations (ailment, maternity, labor accident and occupational disease allowances)

1. Caution or a fine of between VND 100,000 and under 1,000,000, when committing the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 1,000,000 and under 5,000,000, when committing the violation involving between 11 and 50 laborers;

b/ Between VND 5,000,000 and under 10,000,000, when committing the violation involving between 51 and 100 laborers;

c/ Between VND 10,000,000 and under 15,000,000, when committing the violation involving between 101 and 500 laborers;

d/ Between VND 15,000,000 and 20,000,000, when committing the violation involving 501 or more laborers.

3. Remedy: Compulsory payment of social insurance amounts to laborers within 5 working days after the sanctioning decisions are issued against persons who commit the violations defined in Clauses 1 and 2 of this Article.

Article 20. Acts of failing to submit dossiers for social insurance organizations to grant social insurance books to laborers

1. Caution or a fine of between VND 100,000 and under 1,000,000, when committing the violation against between 1 and 10 laborers.

2. Fine:

a/Between VND 1,000,000 and under 5,000,000, when committing the violation against between 11 and 50 laborers;

b/ Between VND 5,000,000 and under 10,000,000, when committing the violation against between 51 and 100 laborers;

c/ Between VND 10,000,000 and under 15,000,000, when committing the violation against between 101 and 500 laborers;

d/ Between VND 15,000,000 and 20,000,000, when committing the violation against 501 or more laborers.

3. Remedy: Compulsory compilation and submission of dossiers for grant of social insurance books to laborers within 15 working days after the sanctioning decisions are issued against persons who commit the violations defined in Clauses 1 and 2 of this Article.

Article 21. Acts of failing to pay social insurance money on time to laborers when the laborers no longer work

1. Caution or a fine of between VND 100,000 and under 1,000,000, when committing the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 1,000,000 and under 5,000,000, when committing the violation against between 11 and 50 laborers;

b/ Between VND 5,000,000 and under 10,000,000. when committing the violation against between 51 and 100 laborers;

c/ Between VND 10,000,000 and under 15,000,000, when committing the violation against between 101 and 500 laborers;

d/ Between VND 15,000,000 and 20,000,000, when committing the violation against 501 or more laborers.

3. Remedy: Compulsory return of social insurance books to laborers within 5 working days after the sanctioning decisions are issued against persons who commit the violations defined in Clauses 1 and 2 of this Article.

Article 22. Acts of breaching the liability to preserve social insurance books during the working duration of laborers, leading to the loss, damage, modification, erasure thereof

1. Caution or a fine of between VND 100,000 and under 1,000,000, when committing the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 1,000,000 and under 5,000,000, when committing the violation against between 11 and 50 laborers;

b/ Between VND 5,000,000 and under 10,000,000. when committing the violation against between 51 and 100 laborers;

cl Between VND 10,000,000 .and under 15,000,000, when committing the violation against between 101 and 500 laborers:

d/ Between VND 15,000.000 and 20,000,000, when committing the violation against 501 or more laborers.

3. Remedy: Compulsory completion of procedures to request competent bodies to re-grant social insurance books in replacement of damaged ones to laborers within 5 working days after the sanctioning decisions are issued against persons who commit the violations defined in Clauses 1 and 2 of this Article.

Article 23. Acts of failing to send laborers for examination or re-examination of working capacity reduction levels at Medical Examination Councils for settlement of social insurance regimes for laborers

1. Caution or a fine of between VND 100,000 and under 1,000,000, when committing the violation against between I and 10 laborers.

2. Fine:

a/ Between VND 1,000,000 and under 5,000,000, when committing the violation against between 11 and 50 laborers:

b/ Between VND 5,000,000 and under 10,000,000, when committing the violation against between 51 and 100 laborers:

c/ Between VND 10,000,000 and under 15,000,000, when committing the violation against between 101 and 500 laborers;

d/ Between VND 15,000,000 and 20,000,000, when committing the violation against 501 or more laborers.

3. Remedy: Compulsory sending of laborers for examination of working capacity reduction levels at Medical Examination Councils within 5 working days after the sanctioning decisions are issued against persons who commit the violations defined in Clauses 1 and 2 of this Article.

Article 24. Acts of failing to supply documents and information on social insurance at the request of competent state bodies

1. Caution or a fine of between VND 100,000 and 1,000,000.

2. Remedy: Forced supply of information within 2 working days after the sanctioning decisions are issued against persons who commit the violation defined in Clause 1 of this Article.

Article 25. Acts of making untruthful reports, supplying false information and data on social insurance to competent state bodies and local social insurance organizations

1. Caution or a fine of between VND 100,000 and 1,000,000.

2. Remedy: Forced supply of truthful information within 5 working days after the sanctioning decisions are issued against persons who commit the violation defined in Clause 1 of this Article.

Article 26. Acts of failing to supply documents and information on payment of laborers social insurance premiums upon request of laborers or trade union organizations

1. Caution or a fine of between VND 100.000 and 1,000,000.

2. Remedy: Forced supply of information within 5 working days after the sanctioning decisions are issued against persons who commit the violation defined in Clause 1 of this Article.

Article 27. Acts of using social insurance fund for improper purposes

1. Fine:

a/ Between VND 1,000,000 and under 5,000,000, when committing the violation for the first time:

b/ Between VND 5,000,000 and 10,000,000, when repealing the violation for the second time on.

2. Remedy: Compulsory repayment of the entire social insurance fund amounts used for improper purposes within 5 working days after the sanctioning decisions are issued against persons who commit the violation defined in Clause 1 of this Article.

Section 2. FOR LABORERS

Article 28. Acts of failing to pay. late paying compulsory social insurance premiums or agreeing with employers not to pay compulsory social insurance premiums

1. Caution or a fine of between VND 100,000 and 1,000,000.

2. Remedy: The remedy defined at Point a, Clause 3, Article 7 of this Decree is applied to persons who commit the violation defined in Clause 1 of this Article.

Article 29. Acts of making untruthful declarations or modifying, erasing contents related to social insurance entitlement in dossiers; failing to supply information or supplying false information to employers, social insurance organizations and state management bodies

1. Caution or a fine of between VND 100,000 and 1,000,000.

2 Remedies:

a/ Forced reimbursement of the social insurance money amounts received through violation acts, including interests thereon, within 5 working days after the sanctioning decisions are issued against persons who commit the violation defined in Clause 1 of this Article:

b/ Forced modification, re-submission of papers with untruthful declarations.

Article 30. Acts of forging dossiers to enjoy social insurance benefits, which are not serious enough for penal liability examination

1. Caution or a fine of between VND 100,000 and 1,000,000.

2. Additional sanctioning form: Confiscation of forged dossiers and means, instruments used for forgery of dossiers.

3. Remedy: Forced reimbursement of the social insurance amounts received through acts of violation, including interests thereon, within 5 working days after the sanctioning decisions are issued against persons who commit the violation defined in Clause 1 of this Article.

Section 3. FOR SOCIAL INSURANCE ORGANIZATIONS AND OTHER ORGANIZATIONS AND AGENCIES

Article 31. Acts of failing to grant social insurance books or failing to close social insurance books on time for laborers according to regulations

1. Caution or a fine of between VND 100,000 and under 1,000,000, when committing the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 1,000,000 and under 5,000,000, when committing the violation against between 11 and 50 laborers;

b/ Between VND 5,000,000 and under 10,000,000, when committing the violation against between 51 and 100 laborers;

c/ Between VND 10,000,000 and under 15,000,000, when committing the violation against between 101 and 500 laborers;

d/ Between VND 15,000,000 and 20,000.000, when committing the violation against 501 or more laborers.

3. Remedy: Forced compilation of social insurance books or closure of social insurance books and grant of social insurance books to laborers within 15 working days after the sanctioning decisions are issued against persons who commit the violations defined in Clauses 1 and 2 of this Article.

Article 32. Acts of failing to settle regimes on time for social insurance-participating laborers

1. Caution or a fine of between VND 100,000 and under 1,000,000, when committing the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 1,000,000 and under 5,000,000, when committing the violation against between 11 and 50 laborers;

b/ Between VND 5,000,000 and under 10,000,000, when committing the violation against between 51 and 100 laborers:

c/ Between VND 10,000,000 and under 15,000,000, when committing the violation against between 101 and 500 laborers;

d/ Between VND 15,000,000 and 20,000,000, when committing the violation against 501 or more laborers.

3. Remedy: Forced settlement of regimes for laborers within 15 working days after the sanctioning decisions are issued against persons who commit the violations defined in Clauses 1 and 2 of this Article.

Article 33. Acts of improperly settling social insurance regimes, making payment against regulations to laborers

1. Caution or a fine of between VND 100,000 and 1,000,000.

2. Remedy: Forced proper settlement of social insurance regimes for laborers within 5 working days after the sanctioning decisions are issued against persons who commit the violation defined in Clause 1 of this Article.

Article 34. Acts of causing inconveniences or obstacles, thus harming the lawful rights and interests of laborers or employers Caution or a fine of between VND 100,000 and 1,000,000.

Article 35. Social insurance organizations acts of managing or using the social insurance fund in contravention of regulations

1. Fine:

a/ Between VND 1,000,000 and under 5,000,000, when committing the violation for the first time;

b/ Between VND 5,000,000 and 10,000,000, when committing the violation for the second time on.

2. Remedies: Proposing competent bodies to confiscate profits earned from the improper use of the fund: forced recovery and reimbursement of the improperly used amounts of the social insurance fund within 5 working days after the sanctioning decisions are issued against persons who commit the violation defined in Clause 1 of this Article.

Article 36. Acts of failing to fully and promptly supply information on payment of social insurance premiums, rights to enjoy and procedures to implement the social insurance upon request of laborers or Trade Union organizations: acts of harassing, causing difficulties and inconvenience in the settlement of regimes

1. Caution or a fine of between VND 1,000,000 and 5,000,000.

2. Remedy: Forced supply of adequate information within 5 working days after the sanctioning decisions are issued against persons who commit the violation defined in Clause 1 of this Article.

Article 37. Acts of failing to report to competent state bodies on the management and use of the social insurance fund

1. Caution or a fine of between VND 1,000,000 and 10,000,000.

2. Remedy: Forced supply of information within 5 working days after the sanctioning decisions are issued against persons who commit the violation defined in Clause 1 of this Article.

Article 38. Acts of making untruthful reports, supplying false information and data on money paid into the social insurance fund

1. Caution or a fine of between VND 1,000,000 and 10,000,000.

2. Remedy: Forced supply of truthful information within 5 working days after the sanctioning decisions are issued against persons who commit the violation defined in Clause 1 of this Article.

Article 39. Acts of failing to grant written certifications or granting improper certifications by medical establishments. Medical Examination Councils for laborers to enjoy social insurance benefits

1. Caution or a fine of between VND 100,000 and under 1,000,000, when committing the violation against between 1 and 10 laborers.

2. Fine:

a/ Between VND 1,000,000 and under 5,000,000. when committing the violation against between 11 and 50 laborers;

b/ Between VND 5,000,000 and under 10,000,000, when committing the violation against between 51 and 100 laborers;

c/ Between VND 10,000,000 and under 15,000,000, when committing the violation against between 101 and 500 laborers;

d/ Between VND 15,000,000 and 20,000,000, when committing the violation against 501 or more laborers.

3. Additional sanctioning form: Definite or indefinite deprivation of the rights to use operation permits under the provisions of law, when committing the violations defined at Points b, c and d, Clause 2 of this .Article twice or more.

4. Remedy: Forced modification, re-submission of improper written certification.

Chapter 3

SANCTIONING COMPETENCE AND PROCEDURES

Article 40. Competence of presidents of Peoples Committees at different levels to sanction administrative violations in the social insurance domain

1. Presidents of Peoples Committees of urban districts, rural districts, provincial towns or cities have the powers:

a/ To impose caution or a fine of up to VND 20,000,000;

b/ To apply additional sanctioning forms specified in Clause 2, Article 7 of this Decree;

c/ To apply remedies specified in Clause 3, Article 7 of this Decree.

2. Presidents of provincial/municipal Peoples Committees have the powers:

a/ To impose caution or a fine of up to VND 20,000,000;

b/ To apply additional sanctioning forms specified in Clause 2, Article 7 of this Decree;

c/ To apply remedies specified in Clauses 3 and 4, Article 7 of this Decree.

Article 41. Labor inspectors competence to sanction administrative violations in the social insurance domain

1. Labor inspectors, while performing the official duties, have the powers:

a/ To impose caution or a fine of up to VND 200,000;

b/ To confiscate material evidences, means used for commission of administrative violations, which are valued at up to VND 2,000,000;

c/ To apply remedies specified in Clause 3, Article 7 of this Decree.

2. Chief labor inspectors of the provincial/municipal Service level have the powers:

a/ To impose caution or a fine of up to VND 20,000,000;

b/ To apply the additional sanctioning form defined in Clause 2, Article 7 of this Decree;

c/ To apply remedies specified in Clause 3, Article 7 of this Decree.

3. The chief inspector of the Ministry of Labor, War Invalids and Social Affairs has the powers:

a/ To impose caution or a fine of up to VND 20,000,000;

b/ To apply additional sanctioning forms defined in Clause 2, Article 7 of this Decree;

c/ To apply remedies defined in Clause 3, Article 7 of this Decree.

Article 42. Principles for determination of competence to sanction social insurance- related administrative violations

1. For social insurance- related administrative violations falling under the handling competence of many persons, the sanctioning thereof shall be carried out by the first recipient of the cases as provided for by this Decree.

2. In case of sanctioning a person who commits many acts of administrative violation, the sanctioning competence is determined on the following principles:

a/ If the sanctioning form and level prescribed for each act fall under the sanctioners competence, the sanctioning competence still belong to such sanctioner;

b/ If the sanctioning form and level prescribed for one of those acts go beyond the sanctioners competence, such sanctioner must transfer the dossier of the violation case to authorities having the sanctioning competence;

c/ If those acts fall under the sanctioning competence of many persons in different agencies, the sanctioning competence belongs to the competent president of the Peoples Committee of the locality where the violations are committed.

Article 43. Authorized sanctioning of administrative violations

If the persons having the competence to sanction administrative violations, who are defined in Articles 40 and 41 of this Decree, are absent, their authorized deputies are competent to sanction administrative violations and bear responsibility for their decisions.

Article 44. Procedures for sanctioning administrative violations and enforcing sanctioning decisions

The procedures for administrative sanctioning of acts of violating the social insurance law and enforcement of sanctioning decisions comply with the provisions of Articles 54 thru 68, Chapter VI of the July 2, 2002 Ordinance on Handling of Administrative Violations of the National Assembly Standing Committee.

Article 45. Ensuring the fulfillment of employers obligations

1. Within 30 days after the issuance of decisions, the persons with sanctioning competence may apply administrative measures prescribed by law to compel employers to fulfill their financial obligations under the decisions to sanction social insurance-related administrative violations under the provisions of this Decree. Past this time limit, if employers fail to fulfill their obligations, the above-mentioned competent persons may request banks, other credit institutions or state treasuries where the employers open their accounts to deduct from their deposit accounts the unpaid or late paid amounts and interests thereon for payment to laborers, social insurance organizations or relevant agencies or organizations.

2. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Finance Ministry, the State Bank of Vietnam and concerned agencies and organizations in, guiding the implementation of Clause 3, Article 138 of the Social Insurance Law.

Chapter 4

COMMENDATION AND REWARD, HANDLING OF VIOLATIONS, COMPLAINTS, DENUNCIATIONS AND HANDLING OF COMPLAINTS AND DENUNCIATIONS

Article 46. Complaints, denunciations about decisions to sanction administrative violations and settlement of complaints and denunciations

1. Agencies, organizations and individuals sanctioned for administrative violations or their lawful representatives are entitled to complain about decisions on sanctioning of administrative violations, decisions on application of measures to secure the sanctioning of administrative violations.

2. Citizens have the right to denounce to competent state bodies illegal acts in the administrative sanctioning of violations of the social insurance law.

3. The competence, procedures, order, time limit for lodging complaints, denunciations and settling complaints and denunciations comply with the provisions of law on complaints and denunciations.

Article 47. Commendation and reward

Agencies, organizations and individuals that record merits in preventing and combating administrative violations of the social insurance law, will be commended and rewarded according to the law on emulation and commendation.

Article 48. Handling of violations

1. If persons who are competent to administratively sanction acts of violating the social insurance law commit acts of harassment, toleration, covering up, non-sanctioning or untimely, improper or ul travires sanctioning, they shall be disciplined or examined for penal liability, depending on the nature and severity of their violations: if causing damage, they shall pay compensation in accordance with law.

2. If persons who are administratively handled for acts of the violating the social insurance law commit acts of hindering or opposing officials on duty, delaying or shirking the execution of sanctioning decisions or other violation acts, they shall be administratively handled or examined for penal liability, depending on the nature and severity of their violations; if causing damage, they shall pay compensation in accordance with law.

Chapter 5

IMPLEMENTATION PROVISIONS

Article 49. Implementation effect

1. This Decree takes effect 15 days after its publication in CONG BAO.

2. To cancel Article 18 of the Governments April 16, 2004 Decree No. 113/2004/ND-CP providing the administrative sanctioning of acts of violating the labor law.

Article 50. Guidance and implementation responsibilities

1. The Ministry of Labor. War Invalids and Social Affairs shall, within the ambit of its functions, tasks and powers, guide, organize and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal Peoples Committees, and concerned agencies, organizations and individuals shall implement this Decree.

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

Thuộc tính Văn bản pháp luật 135/2007/ND-CP

Loại văn bảnNghị định
Số hiệu135/2007/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành16/08/2007
Ngày hiệu lực14/09/2007
Ngày công báo...
Số công báo
Lĩnh vựcVi phạm hành chính, Bảo hiểm
Tình trạng hiệu lựcHết hiệu lực 01/10/2010
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Lược đồ Decree No. 135/2007/ND-CP of August 16, 2007, providing for the sanctioning of administrative violations in the social insurance domain.


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        Decree No. 135/2007/ND-CP of August 16, 2007, providing for the sanctioning of administrative violations in the social insurance domain.
        Loại văn bảnNghị định
        Số hiệu135/2007/ND-CP
        Cơ quan ban hànhChính phủ
        Người kýNguyễn Tấn Dũng
        Ngày ban hành16/08/2007
        Ngày hiệu lực14/09/2007
        Ngày công báo...
        Số công báo
        Lĩnh vựcVi phạm hành chính, Bảo hiểm
        Tình trạng hiệu lựcHết hiệu lực 01/10/2010
        Cập nhật2 năm trước

        Văn bản gốc Decree No. 135/2007/ND-CP of August 16, 2007, providing for the sanctioning of administrative violations in the social insurance domain.

        Lịch sử hiệu lực Decree No. 135/2007/ND-CP of August 16, 2007, providing for the sanctioning of administrative violations in the social insurance domain.