THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.12/2005/TT-BLDTBXH
Hanoi, January 28, 2005
CIRCULAR
GUIDING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 113/2004/ND-CP DATED APRIL 16, 2004 PRESCRIBING ADMINISTRATIVE SANCTIONS AGAINST ACTS OF VIOLATION OF LABOR LEGISLATION
In furtherance of Article 37 of the Governments Decree No. 113/2004/ND-CP of April 16, 2004 prescribing administrative sanctions against acts of violation of labor legislation;
The Ministry of Labor, War Invalids and Social Affairs hereby provides the fol1owing guidance:
I. GENERAL PROVISIONS
1. Scope and objects of regulation
This Circular guides the implementation of a number of articles of the Government's Decree No. 113/2004/ND-CP dated April 16, 2004 prescribing administrative sanctions against acts of violation of labor legislation (hereinafter called Decree No.113/2004/ND-CP for short).
2. Cases where administrative violations shall not be sanctioned:
a) Violators are foreign individuals and organizations enjoying immunity from administrative sanctioning under the Ordinance on Privileges and Immunities of Diplomatic Missions, Consulates and Representative Offices of International Organizations in Vietnam;
b) The statute of limitations for sanctioning administrative violations prescribed in Article 6 of Decree No. 113/004/ND-CP has expired;
c) Administrative violations show signs of crimes, and their dossiers are transferred to competent criminal procedure-conducting agencies for examination and handling according to the provisions of penal legislation.
3. Persons with sanctioning competence, when handling acts of violation of labor legislation, must base themselves on acts of administrative violation of labor legislation, sanctioning forms and levels specified in Decree No. 113/2004/ND-CP to decide on the correct sanctioning levels, and concurrently guide the sanctioned organizations or individuals in properly executing the sanctioning decisions.
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