|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
----------
|
|
No.
55/2009/ND-CP
|
Ha
Noi, June 10, 2009
|
DECREE
ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS OF GENDER
EQUALITY
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2006 Law on Gender Equality;
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;
At the proposal of the Minister of Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Administrative violations of
gender equality specified in Chapter II of this Decree are acts of
intentionally or unintentionally violating the law on gender equality but do
not constitute crimes and. according to law, must be administratively
sanctioned.
3. Other acts of administrative
violation of gender equality which are not specified in this Decree shall be
handled under the law on sanctioning of administrative violations in relevant
sate management domains.
Article 2.
Subject of application
1. State agencies, political
organizations, socio-political organizations, socio-political-professional
organizations, social organizations, socio-professional organizations, economic
organizations, non-business units, people's armed forces units and Vietnamese
citizens; foreign agencies and organizations and international organizations
operating in Vietnamese territory and foreigners residing in Vietnam (below
collectively referred to as organizations and individuals).
2. Minors who commit acts of
administrative violation of gender equality shall be handled under Point a.
Clause 1, Article 6, and Article 7 of the Ordinance on Handling of
Administrative Violations.
Article 3.
Sanctioning principles, aggravating circumstances and extenuating circumstances
The principles for, and
aggravating circumstances and extenuating circumstances in, the sanctioning of
administrative violation of gender equality comply with the Ordinance on
Handling of Administrative Violations and relevant legal documents.
Article 4.
Statute of limitations for sanctioning
1. The statute of limitations
for sanctioning an administrative violation of gender equality is one year from
the date the violation is committed. Past this time limit, violators will not
be sanctioned but shall still be subject to remedies specified in this Decree.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Within the statute of
limitations specified in Clauses 1 and 2 of this Article, if violators commit a
new act of administrative violation of gender equality or deliberately shirk or
obstruct the sanctioning, the statute of limitations specified in Clauses 1 and
2 of this Article does not apply. In this case, the statute of limitation for
sanctioning administrative violations shall be counted from the time of
committing the new act of violation or the time of stopping the act of shirking
or obstructing the sanctioning.
Article 5.
Sanctioning forms and remedies
1. For each act of
administrative violation in gender equality, violators shall be subject to
either of the following principal sanctions:
a/ Caution;
b/ Fine.
The minimum fine is VND 200,000
and the maximum fine is VND 40,000,000. Specific fine levels applicable to each
act of violation are prescribed in Chapter II of this Decree.
2. Depending on the nature and
severity of their violations, violators may also be subject to either or both
of the following additional sanctions:
a/ Deprivation of the right to
use licenses or practice certificates;
b/ Confiscation of material
evidence and means used in committing administrative violations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Forcible issuance of public
apology or rectification;
b/ Forcible restoration of
lawful interests which have been infringed upon by acts of administrative
violation of gender equality;
c/ Forcible payment of
reasonable medical examination and treatment expenses in case acts of
administrative violation cause damage to others* health or morale:
d/ Forcible modification,
supplementation, replacement, correction or destruction of objects or cultural
articles that advocate, propagate or disseminate gender inequality or gender
prejudice;
e/ Forcible dismantlement or
removal of advertisements that advocate, propagate or disseminate gender
inequality or gender prejudice;
f/ Requesting organizations and
individuals that have issued regulations and rules with gender discrimination
contents to revise or annul these documents or requesting competent agencies to
annul these documents.
4. Violators that cause damages
to organizations and individuals shall, apart from being administratively
sanctioned under Clauses 1, 2 and 3 of this Article, pay compensation for
damage as prescribed by the civil law.
5. Foreigners who commit acts of
administrative violation of gender equality in Vietnamese territory may be
subject to expulsion. The application of expulsion as the principal sanction or
additional sanction depends on a case-by-case basis. The competence, order and
procedures for application of expulsion comply with current law on application
of expulsion under administrative procedures.
Chapter II
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 6.
Acts of administrative violation of gender equality in politics
1. Caution shall be served or a
fine of between VND 200,000 and 500,000 shall be imposed for either of the
following acts:
a/ Hurting the honor or dignity
of men or women who stand as or nominate candidates to the National Assembly,
People's Councils or leading bodies of political organizations, sociopolitical
organizations, socio-political-professional organizations, social organizations
or socio-processional organizations for gender prejudice reasons;
b/ Hurting the honor or dignity
of men or women in order to obstruct their appointment to managerial or leading
positions or professional posts for gender prejudice reasons.
2. A fine of between VND 500,000
and 1,000,000 shall be imposed for any of the following acts:
a/ Inciting or embroiling others
to vote for only men or women in the election of deputies to the National
Assembly. People's Councils or leading bodies of political organizations, sociopolitical
organizations, socio-political-professional organizations, social organizations
or socio-professional organizations for gender prejudice reasons;
b/ Inciting or embroiling others
to vote for only men or women when carrying out procedures to collect comments
on candidates for managerial or leading positions or professional posts for
gender prejudice reasons;
c/ Deliberately making
untruthful propagation to obstruct men or women in standing as or nominating
candidates to the National Assembly. People's Councils or leading bodies of
political organizations, socio-political organizations,
socio-political-professional organizations, social organizations or
socio-professional organizations for gender prejudice reasons:
e/ Deliberately making
untruthful propagation to obstruct the appointment of men or women to
managerial or leading positions or professional posts for gender prejudice
reasons.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Inciting others to delay or
refuse to supply or delaying or failing to adequately supply information,
dossier and forms to obstruct men or women in standing as or nominating
candidates to the National Assembly. People's Councils or leading bodies of
political organizations, socio-political organizations,
socio-political-professional organizations, social organizations and
socio-professional organizations for gender prejudice reasons:
b/ Inciting others to delay or
delaying the implementation of procedures to obstruct the appointment of men or
women to managerial or leading positions or professional posts for gender
prejudice reasons:
c/ Threatening to use force or
using moral intimidation to obstruct men or women in standing as or nominating
candidates to the National Assembly. People's Councils or leading bodies of
political organizations, socio-political organizations,
socio-political-professional organizations, social organizations and
socio-professional organizations for gender prejudice reasons;
d/ Threatening to use force or
using moral intimidation to obstruct the appointment of men or women to
managerial or leading positions or professional posts for gender prejudice
reasons.
4. A fine of between VND
3,000,000 and 5,000,000 shall be imposed for any of the following acts:
a/ Using force to obstruct men
or women in standing as or nominating candidates to the National Assembly.
People's Councils or leading bodies of political organizations, socio-political
organizations, socio-political-professional organizations, social organizations
and socio-professional organizations for gender prejudice reasons;
b/ Using force to obstruct the
appointment of men or women to managerial or leading positions or professional
posts for gender prejudice reasons;
c/ Modifying or falsifying
dossiers or forcing others to modify or falsify dossiers to obstruct men or
women in standing as or nominating candidates to the National Assembly.
People's Councils or leading bodies of political organizations, socio-political
organizations, socio-political-professional organizations, social organizations
and socio-professional organizations for gender prejudice reasons;
d/ Modifying or falsifying
dossiers or forcing others to modify or falsify dossiers to obstruct the
appointment of men or women to managerial or leading positions or professional
posts for gender prejudice reasons;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
f/ Failing to appoint men or
women to managerial or leading positions or professional posts for gender
prejudice reasons.
5. A fine of between VND
20,000,000 and 40,000,000 shall be imposed for formulating and implementing
regulations and rules containing gender discrimination provisions.
6. Remedies:
a/ Forcible issuance of apology,
for acts specified at Points a and b. Clause 1. Points c and d. Clause 3, of
this Article; forcible issuance of public apology and rectification, for acts
specified at Points c and d. Clause 2, of this Article;
b/ Forcible restoration of
lawful interests of persons who stand as or nominate candidates or persons
eligible for appointment, for acts specified at Points a and b. Clause 3. and
Points c, d. e and f. Clause 4, of this Article;
c/ Forcible payment of all
reasonable medical examination and treatment expenses, for acts specified at
Points c and d, Clause 3, and Points a and b. Clause 4, of this Article;
d/ Forcible amendment or
annulment of, or requesting competent agencies to annul, regulations and rules
containing gender discrimination provisions, for the act specified in Clause 5
of this Article.
Article 7.
Acts of administrative violation of gender equality in economy
1. Caution shall be served or a
fine of between VND 200,000 and 500,000 shall be imposed for hurting the honor
or dignity of men or women who set up businesses or conduct business activities
for gender prejudice reasons;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Threatening to use force or
using moral intimidation to obstruct men or women in setting up businesses or
conducting business activities for gender prejudice reasons:
b/ Inciting others to delay the
supply or failing to promptly and adequately supply information, documents and
dossier forms to men or women when carrying out procedures to set up businesses
or conduct business activities according to regulations for gender prejudice
reasons.
3. A fine of between VND
3.000,000 and 5.000,000 shall be imposed for any of the following acts:
a/ Using force to obstruct men
or women in setting up businesses or conducting business activities due to
gender prejudice;
b/ Modifying or falsifying
dossiers to obstruct men or women in setting up businesses or conducting
business activities for gender prejudice reasons;
c/ Forcing others to modify or
falsify dossiers to obstruct men or women in setting up businesses or
conducting business activities for gender prejudice reasons.
4. A fine of between VND
20,000,000 and 40,000,000 shall be imposed for running commercial
advertisements unfavorable to the prestige and lawful rights and interests of
business owners and traders of one certain gender.
5. Additional sanction:
Deprivation of the rights to use
licenses for between 3 and 6 months, for the act specified in Clause 4 of this
Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Forcible issuance of apology,
for acts specified in Clause 1 and Point a. Clause 2, of this Article;
b/ Forcible restoration of
lawful interests of men or women, for acts specified at Point b. Clause 2, and
Points b and c, Clause 3, of this Article;
c/ Forcible payment of all
reasonable medical examination and treatment expenses, for acts specified at
Point a, Clause 2, and Point a. Clause 3, of this Article;
d/ Forcible dismantlement or
removal of advertisements, for acts specified in Clause 4 of this Article.
Article 8.
Acts of administrative violation of gender equality in labor
1. A fine of between VND
3,000,000 and 5.000,000 shall be imposed for assigning jobs based on gender
discrimination, resulting in a disparity in income, salary or remuneration
levels between male and female laborers having the same qualifications and
capabilities.
2. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for either of the following acts:
A /Applying different conditions
in recruiting male and female laborers to the same jobs though they have the
same qualification and capabilities, except for cases of applying measures to
promote gender equality or for particular professions prescribed by law;
b/ Refusing to recruit or recruiting
a limited number of male or female laborers for gender reasons, except for
cases of applying measures to promote gender equality; dismissing or sacking
laborers for gender reasons or for their pregnancy, giving birth or raising
small children.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Forcible restoration of lawful
interests which have been infringed upon, for acts specified in Clause 1 of
this Article.
Article 9.
Acts of administrative violation of gender equality in education and training
1. Caution shall be served or a
fine of between VND 200,000 and 500,000 shall be imposed for urging or forcing
others to drop out of school for gender reasons.
2. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for either of the following acts:
a/ Urging or forcing in an
organized manner many persons to drop out of school for gender reasons;
b/ Refusing to enroll qualified
persons in training or retraining courses for gender reasons or for their
pregnancy, giving birth or raising small children.
3. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for either of the following acts:
a/ Prescribing different
training and enrolment ages between men and women;
b/ Providing vocational
education, compiling and disseminating textbooks, teaching materials or
teaching programs with gender prejudice contents.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Forcible restoration of
lawful interests which have been infringed upon by acts specified in Clauses 1
and 2, this Article;
b/ Forcible revision or
annulment of or requesting competent agencies to annul regulations on training
or enrolment ages based on gender prejudice or discrimination, for acts
specified at Point a. Clause 3. of this Article;
c/ Forcible modification,
supplementation, replacement, correction or destruction of textbooks, teaching
materials and teaching programs with gender prejudice contents, for acts
specified at Point b, Clause 3, of this Article.
Article 10.
Acts of administrative violation of gender equality in science and technology
1. Caution shall be served or a
fine of between VND 200,000 and 500,000 shall be imposed for hurting the honor
or dignity of men or women to obstruct them in participating in scientific and
technological activities for gender prejudice reasons.
2. A fine of between VND 100,000
and 3,000,000 shall be imposed for either of the following acts:
a/ Threatening to use force or
using moral intimidation to obstruct men or women in participating in
scientific and technological activities for gender prejudice reasons;
b/ Failing to promptly and
adequately supply information and documents to obstruct men or women in
participating in scientific and technological activities for gender prejudice
reasons.
3. A fine of between VND
3,000,000 and 5,000,000 shall be imposed for either of the following acts:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Disallowing men or women to
participate in scientific and technological activities for gender prejudice
reasons.
4. A fine of between VND
20,000,000 and 40.000,000 shall be imposed for refusing to admit persons of one
certain gender to training courses or scientific or technological activities
for gender prejudice reasons.
5. Remedies:
a/ Forcible issuance of apology,
for acts specified in Clause 1, Point a, Clause 2, of this Article;
b/ Forcible restoration of
lawful interests which have been infringed upon by acts specified at Point b.
Clause 2, Point b, Clause 3, and Clause 4 of this Article.
c/ Forcible payment of all reasonable
medical examination and treatment expenses, for acts specified at Point a.
Clause 2, and Point a, Clause 3, of this Article.
Article 11.
Acts of administrative violation of gender equality in culture, information and
physical training and sports
1. Caution shall be served or a
fine of between VND 200,000 and 500,000 shall be imposed for either of the
following acts:
a/ Hurting the honor and dignity
of men or women to obstruct them in composing or criticizing literary and art
works, performing and participating in other cultural activities and physical
training and sport activities for gender prejudice reasons.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of between VND
1,000,000 and 3,000,000 shall be imposed for threatening to use force or using
moral intimidation in order to obstruct men or women in composing or
criticizing literary and art works, performing and participating in other
cultural activities and physical training and sport activities gender prejudice
reasons.
3. A fine of between VND
3,000,000 and 5,000,000 shall be imposed for either of the following acts:
a/ Using force to obstruct men
or women in composing or criticizing literary and art works, performing and
participating in other cultural activities and physical training and sport
activities for genres prejudice reasons.
b/ Disallowing men or women to
compose or criticize literary and art works, perform and participate in other
cultural activities and physical training and sport activities for gender
prejudice reasons.
4. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for any of the following acts:
a/ Composing, circulating,
publishing, or allowing the publication of. works which advocate or propagate
gender inequality or prejudice in any genres or forms;
b/ Spreading ideas and backward
practices and customs of gender discrimination nature in any forms;
c/ Running advertisements for
social services, notices, messages or small ads which advocate or propagate
gender inequality or gender prejudice.
5. Additional sanction:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Remedies:
a/ Forcible issuance of apology,
for acts specified at Point a. Clause 1, and Clause 2 of this Article;
b/ Forcible restoration of
lawful interests of men or women which have been infringed upon, for acts
specified at Point b. Clause 3 of this Article:
c/ Forcible modification,
supplementation, correction or destruction of works and objects which advocate
or propagate gender inequality or gender prejudice, for acts specified in
Clause 4 of this Article;
d/ Forcible payment of all reasonable
medical examination and treatment expenses, for acts specified in Clause 2 and
Point a. Clause 3, of this Article.
Article 12.
Acts of administrative violation of gender equality in healthcare
1. Caution shall be served or a
fine of between VND 200,000 and 500,000 shall be imposed for any of the
following acts:
a/ Hurting the honor or dignity
of persons who participate in health education activities for gender prejudice
reasons;
b/ Inciting others not to
participate in health education activities for gender prejudice reasons;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of between VND
1.000,000 and 3,000,000 shall be imposed for either of the following acts:
a/ Obstructing or disallowing
others in participating in health education activities for gender prejudice
reasons;
b/ Threatening to use force or
using moral intimidation toward persons participating in health education
activities for gender prejudice reasons.
3. A fine of between VND
3.000,000 and 5,000,000 shall be imposed for either of the following acts:
a/ Using force to obstruct other
in participating in health education activities for gender prejudice reasons:
b/ Inciting others to make
gender-based abortions.
4. Remedies:
a/ Forcible issuance of apology,
for acts specified at Point a. Clause 1. and Point b. Clause 2 of this Article;
b/ Forcible restoration of
lawful interests which have been infringed upon by acts specified at Point c.
Clause 1, and Point a, Clause 2 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 13.
Acts of administrative violation of gender equality in the family
1. Caution shall be served or a
fine of between VND 200,000 and 500,000 shall be imposed for any of the
following acts:
a/ Hurting the honor or dignity
of family members who satisfy all law-prescribed conditions to obstruct them in
participating in the disposition of assets under common ownership of the family
for gender reasons;
b/ Hurting the honor or dignity
of family members or using moral intimidation to prevent them from using assets
under common ownership of the family, conducting income-generating activities
or satisfying other needs of the family for gender prejudice reasons;
c/ Failing to take care of,
educate or create the same conditions in study, labor, recreation,
entertainment and development for male and female members of the family.
2. A fine of between VND 500,000
and 1,000,000 shall be imposed for any of the following acts:
a/ Disallowing family members
who satisfy all law-prescribed conditions to participate in the disposition of assets
under common ownership of the family for gender reasons;
b/ Disallowing male or female
family members to participate in social work for gender prejudice reasons;
c/ Threatening to use force or
using moral intimidation to obstruct family members who satisfy all
law-prescribed conditions in participating in the disposition of assets under
common ownership of the family for gender reasons;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine of between VND
1,000,000 and 3,000,000 shall be imposed for using force to obstruct family
members who satisfy all law-prescribed conditions in participating in the
disposition of assets under common ownership of the family for gender reasons.
4. Remedies:
a/ Forcible issuance of apology,
for acts specified at Points a and b. Clause 1, and Point c. Clause 2, of this
Article;
b/ Forcible payment of all
reasonable medical examination and treatment expenses, for acts specified at
Point c, Clause 2, and Clause 3 of this Article;
c/ Forcible restoration of
lawful interests which have been infringed upon by acts specified at Point c,
Clause 1, and Points a and b. Clause 2, of this Article.
Chapter
III
SANCTIONING COMPETENCE
AND PROCEDURES
Article 14.
Competence of the Labor. War Invalids and Social Affairs Inspectorate to
sanction administrative violations
1. Labor, War Invalids and
Social Affairs inspectors on duty may:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Impose fines of up to VND
500,000;
c/ Confiscate material evidence
and means valued at up to VND 2,000,000 used in committing administrative
violations ;
d/ Apply remedies specified in
Chapter II of this Decree;
2. Chief inspectors of provincial-level
Labor, War Invalids and Social Affairs Services may:
a/ Serve caution;
b/ Impose fines of up to VND
30,000,000;
c/ Deprive of the right to use
licenses or practice certificates under their competence;
d/ Confiscate material evidence
and means used in committing administrative violations;
e/ Apply remedies specified in
Chapter II of this Decree.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Serve caution;
b/ Impose the maximum fines
prescribed in this Decree;
c/ Deprive of the right to use
licenses under his/her competence;
d/ Confiscate material evidence
and means used in committing administrative violations;
e/ Apply remedies specified in
Chapter II of this Decree.
Article 15.
Competence of other specialized inspectorates to sanction administrative
violations
Within the ambit of their state
management competence prescribed by law, if inspectors on duty and provincial-
and ministerial-level chief inspectors of other branches detect acts of administrative
violation of gender equality specified in this Decree in the domains or
geographical areas under their management, they may sanction administrative
violations like the Labor. War Invalids and Social Affairs Inspectorate
according to this Decree.
Article 16.
Competence of presidents of People's Committees of various levels to sanction
administrative violations
1. Presidents of commune-level
People's Committees may:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Impose fines of up to VND
2,000,000;
c/ Confiscate material evidence
and means valued at up to VND 2,000,000 used in committing administrative
violations;
d/ Apply remedies specified in
Chapter II of this Decree;
2. Presidents of district-level
People's Committees may:
a/ Serve caution:
b/ Impose fines of up to VND
30,000,000;
c/ Deprive of the right to use
licenses or practice certificates under their competence;
d/ Confiscate material evidence
and means used in committing administrative violations;
e/ Apply remedies specified in
Chapter II of this Decree.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Serve caution;
b/ Impose the maximum fines
prescribed in this Decree;
c/ Deprive of the right to use
licenses under his/her competence:
d/ Confiscate material evidence and
means used in committing administrative violations;
e/ Apply remedies specified in
Chapter II of this Decree.
Article 17.
Competence of the People's Police and Border Guard to sanction administrative
violations
People's police and border guard
have the competence defined in Articles 31 and 32 of the Ordinance on Handling
of Administrative Violations to sanction administrative violations of gender
equality directly related to domains under their management.
Article 18.
Determination of competence to sanction administrative violations
1. In case an administrative
violation of gender equality specified in this Decree falls within the
sanctioning competence of several persons, the person who accepts the case
first has competence to sanction it.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. In case of sanctioning one
person who commits several administrative violations, the sanctioning
competence shall be determined according to the principles specified at Clause
3, Article 42, of the Ordinance on Handling of Administrative Violations.
Article 19.
Procedures for application of principal sanctions
1. Upon detection of acts of
administrative violation of gender equality, persons with sanctioning
competence shall order violators to immediately stop these acts under Article
53 of the Ordinance on Handling of Administrative Violations.
2. Records of administrative
violations shall be made according to Article 55 and other relevant articles of
the Ordinance on Handling of Administrative Violations.
3. The sanctioning under simple
procedures complies with Article 54 of the Ordinance on Handling of
Administrative Violations.
4. Sanctioning decision and
procedures for imposing fines comply with Articles 56 and 57 of the Ordinance
on Handling of Administrative Violations.
5. Organizations and individuals
sanctioned to pay fines shall pay fines at places prescribed in Article 58 of
the Ordinance on Handling of Administrative Violations.
Article 20.
Procedures for depriving of the right to use licenses or practice certificates
The procedures for depriving of
the right to use licenses or practice certificates comply with Article 59 of
the Ordinance on Handling of Administrative Violations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Procedures for confiscating
material evidence and means used in committing administrative violations of
gender equality comply with Article 60 of the Ordinance on Handling of
Administrative Violations.
2. The disposal of material
evidence and means used in committing administrative violations of gender
equality complies with Article 61 of the Ordinance on Handling of
Administrative Violations.
Article 22.
Implementation of sanctioning decisions
1. Organizations and individuals
sanctioned for administrative violations shall abide by sanctioning decisions
within 10 days after they are handed over the sanctioning decisions, unless
otherwise provided for by law. This time limit will be stated in the
sanctioning decisions. Past this time limit, if organizations and individuals
still fail to abide by sanctioning decisions, coercive measures shall be
applied.
2. The postponement of abidance
by sanctioning decisions complies with Article 65 of the Ordinance on Handling
of Administrative Violations.
3. The statute of limitations
for implementation of decisions on sanctioning administrative violations
complies with Article 69 of the Ordinance on Handling of Administrative
Violations.
4. Decisions on sanctioning
administrative violations must be handed over to sanctioned organizations or
individuals or notified to them to come and receive.
5. Other procedures related to
the implementation of sanctioning decisions comply with the Ordinance on
Handling of Administrative Violations and guiding documents.
Article 23.
Application of measures to prevent, and assure the sanctioning of,
administrative violations
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 24.
Application of coercive measures to enforce sanctioning decisions
1. The application of coercive measures
to enforce decisions on sanctioning of administrative violations of gender
equality complies with Article 66 and other relevant articles of the Ordinance
on Handling of Administrative Violations.
2. The competence to issue
decisions on. and organize the application of. coercive measures complies with
Article 67 of the Ordinance on Handling of Administrative Violations.
3. The procedures for applying
coercive measures to enforce decisions on sanctioning administrative violations
comply with the law on procedures for applying coercive measures to enforce
decisions on sanctioning of administrative violations.
Article 25.
Transfer of dossiers of violation cases showing signs of crime for penal
liability examination
When examining a case of
violation for making decision on the sanctioning, if finding that the act of
violation shows signs of crime, competent persons shall transfer the dossier to
competent criminal procedure-conducting agencies according to Article 62 of the
Ordinance on Handling of Administrative Violations.
Chapter IV
COMPLAINTS,
DENUNCIATIONS, FILING OF ADMINISTRATIVE LAWSUITS AND HANDLING OF VIOLATIONS
Article 26.
Complaints, denunciations and initiation of administrative cases
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Citizens may denounce to
competent agencies, organizations and individuals administrative violations of
gender equality and illegal acts in the sanctioning of administrative
violations of gender equality.
3. The competence, order,
procedures, and time limits for lodging complaints and denunciations and
settlement of complaints and denunciations comply with the law on complaints
and denunciations.
4. The competence, order,
procedures and time limits for filing administrative lawsuits comply with the
law on procedures for settlement of administrative violations.
Article 27.
Handling of violations
1. Persons competent to sanction
administrative violations of gender equality who harass, cover up. refuse to
sanction violations or fail to promptly or properly sanction or impose
sanctions beyond their competence shall, depending on the nature and severity
of their violations, be disciplined or examined for penal
liability; if causing damage, they shall make
compensation in accordance with law.
2. Persons sanctioned for
administrative violations of gender equality, if obstructing or opposing
officers on duty or committing other violations, shall, depending on the nature
and severity of their violations, be administratively sanctioned or examined
for penal liability; if causing damage, they shall make compensation in
accordance with law.
Chapter V
IMPLEMENTATION PROVISIONS
Article 28.
Effect
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 29.
Implementation responsibilities
The Minister of Labor. War
Invalids and Social Affairs shall, within the ambit of his/her functions and
tasks, guide and organize the implementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, presidents
of provincial-level People's Committees and concerned organizations and
individuals shall implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung