DECREE

Regulations on administrative penalties for violations in the activities of sending Vietnamese workers to work abroad.

_________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Vietnamese Workers Going Abroad Under Contract dated November 29, 2006;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms of administrative penalty, levels of fines, authority to impose penalties, measures to remedy consequences, and procedures for administrative violations in the activities of sending Vietnamese workers to work abroad.

2. Administrative violations in the activities of sending Vietnamese workers to work abroad include:

a) Acts violating the conditions for operating service enterprises;

b) Acts violating regulations on registering contracts and reporting the sending of workers to work abroad;

c) Acts violating regulations on selecting, signing, and terminating contracts with workers;

d) Acts violating regulations on vocational skill training, language, and necessary knowledge for workers;

đ) Acts violating regulations on collecting, paying, managing, and using brokerage fees, deposit money, and service charges; contributions to the Overseas Employment Support Fund;

e) Acts violating regulations on organizing the sending of workers to work abroad and managing workers outside the country;

g) Acts violating by workers going to work abroad under contracts and other related parties.

Article 2. Applicability

1. Enterprises, public institutions, organizations, and individuals investing abroad who send Vietnamese workers to work abroad; organizations and individuals involved in the activities of sending workers to work abroad; workers going to work abroad who intentionally or negligently violate legal provisions in the activities of sending Vietnamese workers to work abroad without constituting a crime and according to this Decree must be subject to administrative penalties.

2. Acts of violating laws on the activities of sending Vietnamese workers to work abroad by civil servants while performing their duties will be disciplined according to the law on civil servants; if the act has signs indicating a criminal offense, it will be prosecuted criminally according to the law.

Article 3. Mitigating and Aggravating Circumstances

1. Mitigating Circumstances:

a) The violator has taken action to prevent or reduce the harm caused by the violation or voluntarily remedied the consequences and compensated for losses;

b) The violator has voluntarily reported the violation and sincerely expressed remorse;

c) The violation occurred under mental provocation caused by another person's illegal act;

d) The violation was committed under coercion or material or mental dependence;

đ) The violator is a pregnant woman, elderly person, sick person, or disabled person whose ability to understand or control their behavior is limited;

e) The violation occurred due to particularly difficult circumstances not caused by oneself;

g) The violation occurred due to backwardness in knowledge.

2. Aggravating Circumstances:

a) Organized violation;

b) Repeated or recidivist violations;

c) Inciting, enticing, or forcing a dependent person to commit a violation;

d) Committing a violation while intoxicated from alcohol, beer, or other stimulants;

đ) Taking advantage of official position or power to commit a violation;

e) Taking advantage of wartime, natural disaster, or other special social difficulties to commit a violation;

g) Committing a violation during the execution of a criminal sentence or an administrative penalty decision;

h) Continuing to carry out the administrative violation despite a request from an authorized person to stop the act;

i) After committing the violation, taking actions to evade or conceal the administrative violation.

Article 4. Statute of Limitations for Administrative Offense Penalties

The statute of limitations for administrative offense penalties in the activity of sending Vietnamese workers to work abroad is one (01) year, counted from the date the administrative offense was committed. If the administrative offense is discovered beyond this statute of limitations period, no penalty will be imposed but measures to rectify consequences as stipulated in this Decree shall be applied.

The person authorized to impose penalties shall be subject to handling according to the provisions of Article 121 of the Administrative Violation Handling Ordinance if they make a mistake in allowing the statute of limitations for penalties to expire.

Article 5. Forms of Administrative Offense Penalties and Measures to Rectify Consequences

1. Principal forms of administrative penalty:

Organizations and individuals who commit administrative offenses in the activity of sending Vietnamese workers to work abroad shall be subject to one of the following main forms of administrative offense penalties:

a) Warning;

b) Fine.

The maximum fine amount prescribed for a single administrative offense in the activity of sending Vietnamese workers to work abroad is forty million (40,000,000) dong.

2. Additional forms of punishment:

Depending on the nature and degree of violation, organizations and individuals committing violations may also be subject to one or more supplementary forms of administrative offense penalties as follows:

a) Revocation of the License for the Service of Sending Workers Abroad (hereinafter referred to as the License).

b) Confiscation of objects and means used to commit administrative offenses.

c) Compulsion to return to Vietnam.

3. In addition to the forms of administrative offense penalties prescribed in Clause 1 and Clause 2 of this Article, organizations and individuals committing violations may also be subject to one or more of the following measures to rectify consequences:

a) Suspension of the activity of sending workers abroad for a period of three (03) months to twelve (12) months.

b) Temporary suspension of the implementation of Labor Supply Contracts for a period of one (01) month to six (06) months.

c) Suspension of the implementation of Labor Supply Contracts.

After the period of temporary suspension of the implementation of Labor Supply Contracts has expired, enterprises and organizations that still fail to rectify the consequences caused by the violation may be suspended from implementing Labor Supply Contracts.

d) Compulsion to repatriate workers to Vietnam at the request of the receiving country or competent state agencies of Vietnam.

đ) Compulsion to compensate for losses and bear all costs arising from the administrative offense.

e) Prohibition from working abroad for a period of two (02) years to five (05) years.

g) Compulsion to contribute sufficient funds to the Overseas Employment Support Fund as provided by current regulations.

Chapter II

ADMINISTRATIVE VIOLATIONS AND PENALTIES

Article 6. Violations of Operating Conditions for Service Enterprises

1. Warning or a fine of between two million (2,000,000) dong and five million (5,000,000) dong shall be imposed for one of the following acts:

a) Failure to publish the License as required.

b) Failure to publicly display the enterprise's decision assigning tasks to branches and copies of the enterprise's License at the branch office.

2. A fine of between five million (5,000,000) dong and ten million (10,000,000) dong shall be imposed for the act of failing to report the assignment of tasks to branches to carry out certain contents in the service of sending workers abroad as required.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:

a) Within thirty (30) days from the date of issuance of the License, failure to implement the organizational structure plan for the activity of sending workers abroad as required.

b) Within ninety (90) days from the date of issuance of the License, failure to implement the specialized organizational structure plan to provide necessary training for workers before going abroad.

c) Leaders managing the activity of sending workers abroad do not have a bachelor's degree or higher.

d) Leaders managing the activity of sending workers abroad do not have at least three (03) years of experience in the field of sending workers abroad or in international cooperation and relations.

đ) The service enterprise assigns management tasks for the activity of sending workers abroad to a person who, during their management of another enterprise, had their License revoked or is currently under disciplinary action of warning or higher due to violations of laws on sending workers abroad.

e) The service enterprise assigns tasks to branches in violation of regulations.

4. A fine of between twenty million (20,000,000) dong and forty million (40,000,000) dong shall be imposed for one of the following acts:

a) Carrying out activities of sending Vietnamese workers abroad contrary to regulations after receiving notification of non-renewal of the License or suspension of the activity of sending workers abroad.

b) Failure to ensure the statutory capital as prescribed by law.

c) The enterprise does not directly organize the service of sending workers abroad.

d) Branches of service enterprises exceed the scope of assigned tasks regarding the activity of sending Vietnamese workers abroad.

5. Supplementary form of penalty: revocation of the License for service enterprises with one of the violations prescribed in points a, b, c, d, and đ of Clause 3; point b and c of Clause 4 of this Article.

6. Measures to remedy consequences:

a) Suspension of the activity of sending workers abroad for a period of six (06) months to twelve (12) months for service enterprises with one of the violations prescribed in point đ of Clause 3 of this Article, except where supplementary penalties prescribed in Clause 5 of this Article have already been applied.

b) Compulsion to compensate for losses and bear all costs arising from the administrative offense for one of the violations prescribed in point e of Clause 3 and Clause 4 of this Article.

Article 7. Acts violating regulations on registering contracts and reporting the dispatch of workers to work abroad

1. Warning or a fine of between two million (2,000,000) dong and five million (5,000,000) dong shall be imposed for one of the following acts:

a) Failing to report periodically or urgently about the activities of dispatching workers to work abroad as required by competent authorities;

b) Dispatching more workers to work abroad than the number registered in the Labor Supply Contract or the Internship Labor Reception Contract approved by competent state authorities.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Organizing the dispatch of workers abroad without registering the Labor Supply Contract or the Internship Labor Reception Contract, or having registered but not yet approved by competent state authorities;

b) Enterprises that have won bids, organizations, or individuals investing abroad, state-affiliated organizations dispatching workers abroad without reporting or having reported but not yet approved by competent state authorities.

3. Additional penalties: Revoking the Business License for service enterprises committing violations stipulated in point a, Clause 2, Article 2 of this Law.

4. Measures to remedy consequences:

a) Suspending the activity of dispatching workers to work abroad for six (06) months to twelve (12) months for service enterprises committing violations stipulated in point a, Clause 2, Article 2 of this Law, except in cases where additional penalties prescribed in Clause 3 of this Article have already been applied;

b) Compelling compensation for damages and bearing all costs arising from administrative violations stipulated in point b, Clause 1, and Clause 2 of this Article.

Article 8. Acts violating regulations on selecting, concluding, and terminating contracts with workers

1. Warning or a fine of between two million (2,000,000) dong and five million (5,000,000) dong shall be imposed for one of the following acts:

a) Failing to publicly announce and provide workers with complete information about the number, selection criteria, and conditions of the contract as prescribed;

b) Failing to terminate contracts concluded with workers as prescribed.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following acts:

a) Not directly selecting laborers;

b) Not clearly stating the financial rights and obligations of both parties in the contract concluded with workers as prescribed.

3. Imposing a fine of twenty-five million (25,000,000) dong to thirty-five million (35,000,000) dong for one of the following acts:

a) Failing to conclude a contract with workers as prescribed;

b) The content of the contract between the enterprise and the worker, the Labor Contract, or the Internship Contract does not comply with the registered Labor Supply Contract or the Internship Labor Reception Contract;

c) The content of the contract between the organization, the winning bidder, the contractor, the organization, or the individual investing abroad and the worker, the Labor Contract, does not comply with the report on dispatching workers to work abroad as prescribed.

4. Measures to remedy consequences:

a) Temporarily suspending the Labor Supply Contract for one (01) month to three (03) months for service enterprises committing one of the violations stipulated in Clause 2 of this Article;

b) Temporarily suspending the Labor Supply Contract for three (03) months to six (06) months for service enterprises committing one of the violations stipulated in Clause 3 of this Article;

c) Suspending the implementation of the Labor Supply Contract in cases where, after being temporarily suspended according to point b of this clause, the consequences caused by the violation have not been remedied;

d) Compelling the return of workers to their home country at the request of the receiving country or the competent authority of Vietnam for one of the violations stipulated in point a, Clause 3, of this Article;

đ) Compelling compensation for damages and bearing all costs arising from administrative violations stipulated in Clauses 1, 2, and 3 of this Article.

Article 9. Violations concerning the provision of vocational skill training, foreign language training, and necessary knowledge for workers before going abroad

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Failure to implement or incomplete implementation of providing necessary knowledge training for workers before they go to work abroad as prescribed;

b) Failure to implement or incomplete implementation of conducting examinations and issuing certificates for workers after they have participated in necessary knowledge training courses;

c) Failure to organize or collaborate with vocational training institutions or skill training centers for workers going to work abroad that meet the requirements stipulated in the contract.

2. Measures to remedy consequences:

a) Suspension of the Labor Supply Contract from one (01) month to three (03) months for service enterprises committing any of the violations specified in Clause 1 of this Article;

b) Termination of the Labor Supply Contract in cases where, after being suspended from implementing the Labor Supply Contract as provided in point a of this Clause, the consequences caused by the violation remain unremedied;

c) Compulsory compensation for losses and bearing all costs arising from administrative violations committed under any of the violations specified in Clause 1 of this Article.

Article 10. Violations concerning the collection, payment, management, and use of brokerage fees, deposit money, and service fees; contributions to the Overseas Employment Support Fund

1. A fine of between ten million (10,000,000) dong and fifteen million (15,000,000) dong shall be imposed on service enterprises failing to contribute or contributing insufficiently to the Overseas Employment Support Fund as prescribed.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

a) Collection of selection fees from workers;

b) Mismanagement and improper use of workers' deposit money contrary to the provisions of the law;

c) Failure to replenish the required amount of deposit money for the enterprise in full and on time as prescribed for service enterprises;

d) Mismanagement and improper use of brokerage fees contrary to the provisions of the law;

đ) Collection of service fees from workers contrary to the provisions of the law;

e) Failure to refund to workers the corresponding portion of service fees based on the remaining duration of the contract for sending workers to work abroad when workers have paid service fees for the entire contract period but must return home before the agreed term due to reasons not attributable to them.

3. Additional forms of punishment:

a) Revocation of the License in cases as provided in point c of Clause 2 of this Article;

b) Confiscation of property and means used to commit administrative violations for any of the violations specified in points a, b, d, and đ of Clause 2 of this Article.

4. Measures to remedy consequences:

a) Suspension of the Labor Supply Contract from three (03) months to six (06) months for service enterprises committing violations as provided in point a of Clause 2 of this Article;

b) Termination of the Labor Supply Contract in cases where, after being suspended from implementing the Labor Supply Contract as provided in point a of this Clause, the consequences caused by the violation remain unremedied;

c) Suspension of overseas employment activities from three (03) months to six (06) months for service enterprises committing any of the violations specified in points b and c of Clause 2 of this Article, except in cases where supplementary sanctions as provided in point a of Clause 3 of this Article have already been applied;

d) Compulsion to make full contributions to the Overseas Employment Support Fund according to current regulations for violations as provided in Clause 1 of this Article;

đ) Compulsion to compensate for losses and bear all costs arising from administrative violations committed for any of the violations specified in Clause 2 of this Article.

Article 11. Acts violating regulations on organizing the dispatch of workers to work abroad and managing workers outside the country

1. A fine of from VND 10,000,000 to VND 15,000,000 for the act of not reporting and cooperating with Vietnamese diplomatic and consular agencies abroad to manage and protect the legitimate rights and interests of workers during their time working abroad.

2. A fine of from VND 25,000,000 to VND 40,000,000 for any of the following acts:

a) Not organizing management and protection of the rights and legitimate interests of workers dispatched by enterprises to work abroad as prescribed;

b) Not promptly addressing issues arising when workers die, suffer workplace accidents, risks, occupational diseases, harm to life, health, reputation, dignity, property, and resolving disputes related to workers that harm the rights and legitimate interests of workers;

c) Exploiting the activity of dispatching workers to work abroad to organize recruitment, training, and collecting money from workers;

d) Exploiting the activity of dispatching workers to work abroad to organize the sending of Vietnamese citizens abroad but not reaching the level of criminal prosecution;

đ) Dispatching workers to work in areas, industries, occupations, and jobs prohibited by government regulations or not permitted by the receiving country;

3. Additional forms of punishment:

a) Revoking the Business License for service enterprises committing any of the violations stipulated in points c, d, and đ Clause 2 of this Article;

b) Confiscating objects and means used to commit administrative violations for any of the violations stipulated in points c, d, and đ Clause 2 of this Article;

4. Measures to remedy consequences:

a) Suspending the activity of dispatching workers to work abroad for six (06) months to twelve (12) months for service enterprises if they commit any of the violations stipulated in points c, d, and đ Clause 2 of this Article, except where the supplementary penalty form prescribed in point a Clause 3 of this Article has already been applied;

b) Compelling workers to return to the country at the request of the receiving country or competent state authorities of Vietnam for any of the violations stipulated in Clause 2 of this Article;

c) Compelling compensation for losses and bearing all costs arising from the administrative violation for any of the violations stipulated in Clauses 1 and 2 of this Article;

Article 12. Violations by workers working abroad and certain related entities

1. Warning or a fine of from VND 500,000 to VND 1,000,000 for the act of not registering individual contracts with competent state authorities as prescribed;

2. Warning or a fine of from VND 1,000,000 to VND 3,000,000 for any of the following acts:

a) Staying illegally in the foreign country after the expiration of the labor contract;

b) Fleeing from the place of work according to the contract;

3. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:

a) After entering the receiving country, not going to the place of work as stipulated in the contract;

b) Luring, enticing, forcing, or deceiving Vietnamese workers to stay illegally in the foreign country but not reaching the level of criminal prosecution;

4. Supplementary penalties: compelling return to the country for violations stipulated in Clauses 2 and 3 of this Article;

5. Measures to remedy consequences:

a) Compelling compensation for losses and bearing all costs arising from the violations stipulated in Clauses 2 and 3 of this Article;

b) Prohibiting from working abroad for two (02) years for violations stipulated in Clause 2 of this Article;

c) Prohibiting from working abroad for five (05) years for violations stipulated in Clause 3 of this Article;

Chapter III

AUTHORITY TO IMPOSE PENALTIES

Article 13. Authority to impose fines of the Chairman of the Provincial People's Committee

1. To issue warnings.

2. Imposing a fine up to the maximum level prescribed in this Decree.

3. Applying supplementary forms of administrative sanction prescribed in point b, Clause 2, Article 5 of this Decree.

4. Applying measures to remedy consequences prescribed in points đ and e, Clause 3, Article 5 of this Decree.

Article 14. Authority to impose fines of the Labor Inspectorate - War Invalids and Social Affairs

1. A specialized labor inspector from the Labor Inspectorate - War Invalids and Social Affairs who is performing official duties has the right:

a) To issue warnings;

b) To confiscate objects and means used for committing administrative violations with a value up to 2,000,000 VND.

2. The Chief Inspector of the Department of Labor - War Invalids and Social Affairs has the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To apply supplementary forms of administrative sanctions prescribed in point b, Clause 2, Article 5 of this Decree;

d) To apply measures to remedy consequences prescribed in points đ and e, Clause 3, Article 5 of this Decree.

3. The Chief Inspector of the Ministry of Labor - War Invalids and Social Affairs has the right:

a) To issue warnings;

d) Applying remedial measures as stipulated in Points d, e Clause 4 of this Decree."

c) To apply supplementary forms of administrative sanctions prescribed in points b and c, Clause 2, Article 5 of this Decree;

d) To apply measures to remedy consequences prescribed in points b, c, đ and e, Clause 3, Article 5 of this Decree.

Article 15. Authority to impose fines of the Director of the Overseas Labor Management Bureau

1. Warning;

2. Imposing a fine up to the maximum level prescribed in this Decree;

3. Applying supplementary forms of administrative sanctions prescribed in points b and c, Clause 2, Article 5 of this Decree;

4. Applying measures to remedy consequences prescribed in Clause 3, Article 5 of this Decree.

Article 16. Authority to impose fines of the head of Vietnam's diplomatic and consular agencies abroad (collectively referred to as Vietnam's representative agencies abroad)

1. Warning;

2. Imposing a fine up to 10,000,000 VND;

3. Applying supplementary forms of administrative sanctions prescribed in points b and c, Clause 2, Article 5 of this Decree;

4. Applying measures to remedy consequences prescribed in points d and đ, Clause 3, Article 5 of this Decree.

Article 17. Authority to revoke Licenses

The Minister of Labor - War Invalids and Social Affairs has the authority to decide on revoking Licenses.

In cases where a service enterprise sending Vietnamese workers to work abroad violates provisions of the Law on Vietnamese Workers Going Abroad under Contracts to the extent that the License should be revoked, the Chairman of the Provincial People's Committee, the Chief Inspector of the Ministry of Labor - War Invalids and Social Affairs, and the Director of the Overseas Labor Management Bureau shall propose the Minister of Labor - War Invalids and Social Affairs to decide on revoking the License.

Chapter IV

PROCEDURES FOR IMPOSING FINES

Article 18. Procedures for imposing fines on acts of administrative violation in the activity of sending workers to work abroad carried out within the territory of Vietnam

The procedures for imposing administrative fines applicable to acts of administrative violation in the activity of sending workers to work abroad carried out within the territory of Vietnam shall be implemented in accordance with current laws on handling administrative violations.

Article 19. Procedures for imposing fines on acts of administrative violation in the activity of sending workers to work abroad carried out outside the territory of Vietnam

1. Procedure for making an administrative violation record:

a) When there is one of the grounds prescribed in point b of this clause, the diplomatic officer, consular officer in Vietnam's representative agencies abroad, and those authorized to impose fines as stipulated in Chapter III of this Decree have the responsibility to make an administrative violation record (according to Model No. 01 issued together with this Decree);

b) Grounds for making an administrative violation record:

- Notification from the competent authority of the host country regarding the act of administrative violation by the worker;

- Written complaint or appeal after verification and investigation;

- Notification from the employer, enterprise, or organization sending workers to work abroad regarding the act of administrative violation by the worker after verification and investigation;

- Results of inspection and supervision activities by the competent authority.

c) The content of the record must clearly state the date, month, year, and location of making the record; name, position of the person making the record; name, address, passport number, validity period of the passport, occupation of the person violating; date, month, year, and location of the violation; the act of violation; statement of the violator (if any); confirmation/witnessing by other Vietnamese workers working together or confirmation/witnessing by the employer if there are no other Vietnamese workers working together.

In case the worker violates the provisions stipulated in point a, Clause 3, Article 12 of this Decree, the content of the administrative violation record must include confirmation from the competent authority of the host country regarding the entry of the worker and confirmation from the employer regarding the non-arrival of the worker at the workplace.

d) The record must be made in at least three copies, signed by the person making the record, the violator (if any), the other Vietnamese workers working together or the employer; if the record consists of multiple pages, each page must be signed. If the violator or the witness refuses to sign, the person making the record must note the reason in the record. After completion, the record must be handed over to the violator one copy (if present).

đ) In case the violator represents enterprises or organizations implementing acts of administrative violation prescribed in this Decree outside the territory of Vietnam, the person authorized to make the violation record and submit the file of the violation case to the Director of the Overseas Labor Management Bureau for consideration and issuance of a decision on imposition of fines. From the date of receipt of the administrative violation record and the file mentioned above, the Director of the Overseas Labor Management Bureau is responsible for examining and proceeding with the procedures for imposing fines and enforcing the decision on imposition of fines in accordance with the Administrative Violation Handling Ordinance 2002.

2. Decision on Imposition of Fines:

a) The deadline for issuing a decision on imposition of fines is ten (10) days from the date of making the administrative violation record; for cases with many complex circumstances, the latest deadline for issuing a decision on imposition of fines is thirty (30) days from the date of making the administrative violation record. The content of the decision on imposition of fines (according to Model No. 02 issued together with this Decree);

Where there is an error in failing to issue a penalty decision, the person authorized to impose penalties shall be subject to the provisions set forth in Article 121 of the Administrative Violation Handling Ordinance 2002.

b) The penalty decision must clearly state the date, month, and year of issuance; the name, position, and title of the decision maker; the name, address, passport number, validity period of the passport, and occupation of the violator; the violation act; related circumstances concerning the handling of the violation case; the applicable legal document article and clause; the main form of penalty, if the main form of penalty is a fine, then the amount of the fine in Vietnamese dong must be clearly stated; supplementary forms of penalty, measures to remedy consequences; the deadline, location for enforcing the penalty decision, and the signature of the decision maker imposing the penalty;

In the penalty decision, it must clearly state that if the person being penalized does not voluntarily comply with the decision, they will be subject to compulsory enforcement; the right to lodge complaints and initiate lawsuits against administrative penalty decisions shall be carried out in accordance with the provisions of the law.

c) The penalty decision must be sent to the person who committed the violation within three (03) days from the date of issuing the decision. In cases where the place of residence of the person being penalized cannot be determined, within three (03) days from the date of issuing the decision, the penalty decision must be posted at the Vietnamese Representative Office in the host country, information published on the website of the Vietnamese Representative Office in the host country (if available), notified to the last employer of the worker, and sent to the Overseas Labor Management Department to notify the family of the worker or the guarantor (if any) and the Department of Labor, Invalids, and Social Affairs of the locality where the worker resided before going to work abroad;

d) The penalty decision takes effect from the date of signing. In cases where the place of residence of the person being penalized cannot be determined, the penalty decision becomes effective ten (10) days from the date of posting at the Vietnamese Representative Office in the host country.

3. Enforcement of the penalty decision:

a) The voluntary compliance period for the person being penalized to enforce the penalty decision is thirty (30) days from the date the penalty decision takes effect;

b) Within the time limit specified in point a of this clause, if the person being penalized does not voluntarily comply with the penalty decision, the authority issuing the decision shall enforce the penalty decision compulsorily.

In cases where the person being penalized for violations stipulated in clauses 2 and 3 of Article 12 of this Decree, whose place of residence cannot be determined, and who does not voluntarily comply with the penalty decision, within three (03) days from the end of the voluntary compliance period, the authority imposing penalties shall issue a written notice about non-compliance with the penalty decision (according to Model No. 03 issued together with this Decree), post the notice at the Vietnamese Representative Office in the host country, publish the information on the website of the Vietnamese Representative Office in the host country (if available). Within three (03) days from the date of issuing the notice about non-compliance with the penalty decision, the Vietnamese Representative Office in the host country must send the notice to the Overseas Labor Management Department to notify the family of the worker or the guarantor (if any) and the Department of Labor, Invalids, and Social Affairs of the locality where the worker resided before going to work abroad.

c) After thirty (30) days from the date of the notice about non-compliance with the penalty decision stipulated in point b of this clause, if the person being penalized for violations stipulated in clauses 2 and 3 of Article 12 of this Decree, whose place of residence cannot be determined, still does not comply with the penalty decision, they may be held criminally responsible according to the provisions of Articles 274 and 275 of the Criminal Code.

4. Fine collection procedures:

a) When imposing a fine, the specific amount of the fine for a single administrative violation act is the average level within the fine range prescribed for that act; if there are mitigating circumstances, the fine amount may be reduced, but it cannot be reduced below the minimum level of the fine range; if there are aggravating circumstances, the fine amount may be increased, but it cannot exceed the maximum level of the fine range;

b) Workers penalized with fines abroad can pay the fines at the Vietnamese Representative Office overseas and receive a receipt for the payment. The Vietnamese Representative Office overseas has the responsibility to organize the collection and submission of the fines;

c) Fines can be collected in US dollars (USD) or in the currency of the country where the worker committed the violation, or in Vietnamese dong;

If collected in US dollars, the exchange rate for transactions between US dollars and Vietnamese dong on the inter-bank foreign exchange market at the time of collecting the fine shall be applied as announced by the State Bank.

If collected in the currency of the country where the worker committed the violation, the exchange rate for converting from US dollars based on the exchange rate published by the local bank at the time of collecting the fine, or based on the exchange rate of the bank where the Vietnamese Representative Office in the host country maintains a Temporary Holding Fund account, shall be applied and kept stable for six (06) months.

d) The fines collected must be deposited into the Temporary Holding Fund of the state budget at the Vietnamese Representative Office overseas and managed as follows:

- Regularly, no later than the 15th day of each month, the Vietnamese Representative Office overseas must deposit all fines collected in the previous month into the Temporary Holding Fund of the state budget. The fines collected in which currency must be deposited into the Temporary Holding Fund of the state budget in the same currency;

- Regularly every six (06) months and annually, the Vietnamese Representative Office overseas must settle accounts for the fines collected and submitted during the period, report to the Ministry of Foreign Affairs. The Ministry of Foreign Affairs will consolidate and settle accounts with the Ministry of Finance for annual revenue.

d) In case the worker violates the regulations and does not voluntarily comply, the competent authority imposing the penalty shall require the enterprise to deduct the worker's deposit for the execution of the penalty decision (if applicable) when sending the worker abroad. Upon receiving the notification of non-voluntary compliance with the penalty decision and the case file, within three (03) days, the Director of the Overseas Labor Management Department shall be responsible for deciding on compulsory enforcement and organizing its implementation, notifying relevant agencies and individuals of this decision and its execution.

5. Measures to ensure the enforcement of penalty decisions:

The Vietnamese representative agency abroad is responsible for issuing necessary documents for the person subject to penalties to return home in accordance with the law; coordinating with the competent authorities of the host country, Vietnamese enterprises, and the family of the person subject to penalties to purchase air tickets for the person to return home if they lack financial capability to do so. The person subject to penalties must reimburse related expenses after returning home.

Chapter V

PETITIONING, REPORTING, AND HANDLING VIOLATIONS

Article 20. Petitioning and Reporting

1. Organizations and individuals subject to administrative penalties in the activity of sending workers to work abroad, or their lawful representatives, have the right to petition against administrative decisions made by authorized persons.

Citizens have the right to report illegal acts or administrative decisions contrary to the law by agencies or authorized persons regarding administrative penalties in the activity of sending workers to work abroad.

2. The procedures for petitioning, reporting, and resolving petitions and reports shall be carried out in accordance with the laws on petitioning and reporting.

3. Initiating litigation against administrative penalty decisions, decisions applying preventive measures, and ensuring the enforcement of administrative penalties in the activity of sending workers to work abroad shall be conducted in accordance with the laws on administrative litigation procedures.

Article 21. Handling of Authorized Persons Imposing Administrative Penalties

An authorized person imposing administrative penalties in the activity of sending workers to work abroad who harasses, tolerates, or covers up for violators, fails to impose penalties, imposes penalties incorrectly, or exceeds their authority in imposing penalties shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if causing damage to the State, citizens, or organizations, they must provide compensation in accordance with the law.

Article 22. Handling Violations by Persons Subject to Administrative Penalties

A person subject to administrative penalties under this Decree who resists law enforcement officers, delays, evades compliance, or commits other violations shall be subject to administrative penalties or criminal responsibility depending on the nature and severity of the violation; if causing damage, they must provide compensation in accordance with the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Decree takes effect fifteen (15) days from the date of publication in the Official Gazette. All previous provisions on administrative penalties in the activity of sending workers to work abroad that conflict with this Decree are hereby abolished.

Article 24. Implementation organization and responsibility for enforcement

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.