THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 113/2004/ND-CP
Hanoi, April 16, 2004
 
DECREE
ON PENALIZATION FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF LABOUR LEGISLATION
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated 25 December 2001;
Pursuant to the Labour Code dated 23 June 1994; Pursuant to amended and supplemented
Labour Code dated 02 April 2002;
Pursuant to the Ordinance on Administrative penalties of July 2, 2002
At the proposal of the Minister of the Ministry of Labour, Invalids and Social Affairs, Decrees
Chapter I
GENERAL PROVISIONS
Article 1. Scope of application
1. This Decree stipulates administrative penalties for Vietnamese organizations and individuals, who violate labour laws but are not criminal and shall be penalized in accordance with laws within the territory, economically privileged zones and the continental shelf of Vietnam.
2. Foreign individuals and organizations committing acts of administrative violations of labour laws within the territory, economically privileged zones and the continental shelf of the Socialist Republic of Vietnam shall be penalized as regulated by this Decree except for cases stipulated by international treaties, in which the Socialist Republic of Vietnam is a signatory or a supporting member;
3. Labour laws mentioned in this Decree include the regulations in the amended and supplemented Labour Code and documents detailing the compliance with the amended and supplemented Labour Code.
Article 2. Principles for the penalization application to labour legislation violations
1. The penalization for acts of labour law violations shall be conducted by the competent persons as stipulated in Articles 26, 27 and 28 below.
Individuals and organizations committing acts of violation as stipulated in Chapter 2 of this Decree shall be penalized for their labour law violations.
2. The penalization for acts of labour law violations shall be conducted promptly, fairly and thoroughly. A violation detected should be suspended promptly by a decision; every consequence caused by the act of administrative violation shall be surmounted in accordance with laws.
3. One act of administrative violation shall be penalized only once. Each of acts of violation committed by the same person shall be penalized separately. Each of the persons who commit the same act of violation shall be penalized separately.