Joint Circular No. 32/2013/TTLT-BLDTBXH-BNG guides the procedures and formalities for administrative penalties against violations stipulated in Points a, b, and c Clause 2 Article 35 of Decree No. 95/2013/NĐ-CP dated August 22, 2013 of the Government.

JOINT CIRCULAR

Guidelines on the procedures and formalities for administrative penalties against violations violation

stipulated in Points a, b, and c Clause 2 Article 35 of Government Decree No.

95/2013/ND-CP dated August 22, 2013 of the Government

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

THE MINISTER OF FOREIGN AFFAIRS AND THE MINISTER OF JUSTICE ISSUE GUIDELINES FOR REGISTRATION

Pursuant to Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on administrative penalties for violations in the field of labor, social insurance, and sending Vietnamese workers abroad under contracts;

The Minister of Labor - Invalids and Social Affairs and the Minister of Foreign Affairs issue this Circular guiding the procedures and formalities for administrative penalties against violations stipulated in Points a, b, and c Clause 2 Article 35 of Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on administrative penalties for violations in the field of labor, social insurance, and sending Vietnamese workers abroad under contracts.

Article 1. Scope of Regulation

This Circular guides the procedures and formalities for administrative penalties against violations stipulated in Points a, b, and c Clause 2 Article 35 of Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on administrative penalties for violations in the field of labor, social insurance, and sending Vietnamese workers abroad under contracts (hereinafter referred to as Decree No. 95/2013/ND-CP).

Article 2. Applicability

1. Vietnamese workers going abroad under contracts who commit one of the following acts:

a) Staying illegally in a foreign country after the expiration of their labor contract or residence permit;

b) Fleeing from their workplace as stipulated in the contract;

c) Not reporting to their workplace as stipulated in the contract after entering the receiving country.

2. Other agencies, organizations, and individuals related to the imposition of administrative penalties.

Article 3. Establishment of Administrative Violation Records

1. The authorized authority to impose administrative penalties in the field of sending Vietnamese workers abroad under contracts, diplomatic officials, consular officials in diplomatic missions, consular offices, and other agencies authorized to perform consular functions of Vietnam abroad (hereinafter referred to as Vietnamese Missions Abroad), civil servants, and officials performing their duties shall establish administrative violation records for violations stipulated in Points a, b, and c Clause 2 Article 35 of Decree No. 95/2013/ND-CP when they have one of the following grounds:

a) Directly discovering the violation while performing their duties;

b) Receiving a notification from the competent agency or organization of the host country regarding the worker's violation;

c) Receiving a notification from the employer abroad regarding the worker's violation. The content of the notification must be verified for accuracy before establishing the record.

2. The establishment of administrative violation records shall be carried out in accordance with Clause 2 and Clause 3 Article 58 of the Law on Handling Administrative Violations.

3. Once completed, the administrative violation record must be handed over to the violator and immediately transferred to the authorized authority to consider issuing an administrative penalty decision in accordance with Article 4 of this Circular:

a) If the record is established by a civil servant or official of the People's Committee at various levels where the violator resided before going abroad, it shall be sent to the Chairman of the Provincial or Central City People's Committee;

b) If the record is established by a civil servant or official of the Ministry of Labor - Invalids and Social Affairs while performing their duties, it shall be sent to the Director of the Department of Overseas Labor Management;

c) If the record is established by a labor inspector of the Ministry of Labor - Invalids and Social Affairs, it shall be sent to the Inspector General of the Ministry of Labor - Invalids and Social Affairs;

d) If the record is established by a diplomatic or consular official in Vietnamese Missions Abroad, it shall be sent to the Head of the Vietnamese Mission Abroad.

Article 4. Issuing Administrative Violation Penalty Decisions

1. Within thirty days from the date of issuance of the administrative violation record, the authority authorized to impose administrative penalties for violations stipulated in Points a, b, and c Clause 2 Article 35 of Decree No. 95/2013/NĐ-CP shall issue an administrative violation penalty decision. In cases where the violator does not request an explanation within the time limit prescribed in Clauses 2 and 3 Article 61 of the Law on Handling Administrative Violations, the deadline for issuing the administrative violation penalty decision is seven days from the date of issuance of the administrative violation record.

2. For particularly serious cases with many complex circumstances requiring additional time for verification and evidence collection, the deadline for issuing an administrative violation penalty decision may be extended up to thirty days according to Clause 1 Article 66 of the Law on Handling Administrative Violations.

Article 5. Sending Administrative Violation Penalty Decisions for Execution

1. The administrative violation penalty decision must be sent to the person being penalized, the agency collecting fines, and the Chairman of the People's Committee of the commune where the person being penalized resides before going abroad to work for execution, and sent to the Department of Labor, Invalids, and Social Affairs of the province or centrally-administered city where the person being penalized resides before going abroad to work within two working days from the date of issuance of the administrative violation penalty decision for monitoring.

In cases where the Head of the Vietnamese Representative Office abroad issues the administrative violation penalty decision, within two working days from the date of issuance, the decision must be sent back to the Overseas Labor Management Department (Ministry of Labor, Invalids, and Social Affairs) to be transferred to the relevant agencies.

3. In cases where the administrative violation penalty decision cannot be directly handed over to the violator due to the inability to determine their place of residence or workplace, the decision must be posted at the office of the People's Committee of the commune where the person being penalized resides before going abroad, the Vietnamese Representative Office abroad that issued the decision, and sent to the family of the person being penalized or the guarantor (if any).

Article 6. Enforcement of Administrative Violation Penalty Decisions

1. The person being penalized may pay the fine at the fine collection agency in Vietnam or at the Vietnamese Representative Office abroad according to Article 41 of Decree No. 95/2013/NĐ-CP.

2. In cases where the administrative violation penalty decision applies measures to prohibit going abroad to work, the competent authority of the commune where the person being penalized resides shall not confirm the file for that person to go abroad to work within the period specified in the administrative violation penalty decision.

Article 7. Compulsory Enforcement of Administrative Violation Penalty Decisions

1. In cases where the person being penalized does not voluntarily comply with the administrative violation penalty decision within the prescribed time limit, the authority that issued the administrative violation penalty decision shall send the decision to the Chairman of the People's Committee of the province or centrally-administered city where the person being penalized resides before going abroad to work to issue a compulsory enforcement decision for the administrative violation penalty decision.

In cases where the Head of the Vietnamese Representative Office abroad issues the administrative violation penalty decision, the transfer of the administrative violation penalty decision back to the country shall be carried out through the Overseas Labor Management Department (Ministry of Labor, Invalids, and Social Affairs).

2. The application of compulsory enforcement measures for administrative violation penalty decisions shall be implemented according to the provisions of Government Decree No. 166/2013/NĐ-CP dated November 12, 2013, on the compulsory enforcement of administrative violation penalty decisions.

Article 8. Implementation clause

1. This Circular takes effect from January 21, 2014.

2. Every six months, the competent authority shall report the results of handling administrative violations according to this Circular as follows:

a) Vietnamese representative offices abroad shall report to the Ministry of Foreign Affairs and the Ministry of Labor, Invalids, and Social Affairs the results of establishing administrative violation records in the area and the results of handling administrative violations for which the Head of the Vietnamese representative office abroad has issued administrative violation penalty decisions;

b) Departments of Labor, Invalids, and Social Affairs of provinces and centrally-administered cities shall report to the Ministry of Labor, Invalids, and Social Affairs the results of handling administrative violations in the locality;

c) The Overseas Labor Management Department shall report to the Ministry of Labor, Invalids, and Social Affairs the results of handling administrative violations for which the Director of the Overseas Labor Management Department has issued administrative violation penalty decisions;

d) The Inspectorate of the Ministry of Labor, Invalids, and Social Affairs shall report to the Ministry of Labor, Invalids, and Social Affairs the results of handling administrative violations for which the Chief Inspector of the Ministry of Labor, Invalids, and Social Affairs has issued administrative violation penalty decisions.

3. The Overseas Labor Management Department shall be responsible for monitoring and urging the implementation of this Circular; compiling and reporting to the Ministry of Labor, Invalids, and Social Affairs the situation and results of handling administrative violations against workers as stipulated in Clause 1 Article 2 of this Circular; regularly informing the list of workers as stipulated in Clause 1 Article 2 of this Circular on the Overseas Labor Management Department's website and notifying relevant agencies and organizations to coordinate in implementing the contents stipulated in this Circular.

4. During the implementation process, if there are difficulties, they should be promptly reported to the Ministry of Labor, Invalids, and Social Affairs to take the lead and coordinate with the Ministry of Foreign Affairs to study and provide timely supplementary guidance.