Decree No. 47/2010/ND-CP dated May 6, 2010 of the Government on administrative sanctioning of violations of the Labor Law

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 47/2010/ND-CP	Hanoi, May 06, 2010

DECREE

ON ADMINISTRATIVE SANCTIONING OF VIOLATIONS OF THE LABOR LAW

THE GOVERNMENT

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

Pursuant to the June 23, 1994 Labor Code; the April 2, 2002 Law Amending and Supplementing a Number of Articles of the Labor Code; the November 29, 2006 Law Amending and Supplementing a Number of Articles of the Labor Code; and the April 2, 2007 Law Amending and Supplementing Article 73 of the Labor Code;

Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations; and the April 2, 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations (below collectively referred to as the 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. Scope of regulation

1. This Decree provides administrative violations, sanctioning forms and levels, remedies, and competence and procedures for administratively sanctioning violations of the labor law.

2. The labor law referred to in this Decree includes provisions of the Labor Code and documents guiding and detailing the Labor Code.

3. This Decree does not apply to violations of the labor law in the domains of vocational training; sending employees to work overseas under contracts; and social insurance.

Article 2. Subjects of application

1. Violators of the labor law under this Decree.

Foreign individuals and organizations that commit administrative violations of the labor law within the territory, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam shall also be administratively sanctioned under this Decree, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party.

2. This Decree does not apply to cadres, civil servants and public employees of non-business agencies and units, political organizations and socio-political organizations.

Article 3. Principles of sanctioning violations of the labor law

1. Principles of administrative sanctioning of violations of the labor law comply with Article 3 of the Ordinance on Handling of Administrative Violations.

2. Administrative sanctioning of violations of the labor law shall be effected by competent persons defined in Articles 22, 23 and 24 of this Decree