Circular No. 27/2014/TT-BLDTBXH dated October 06, 2014 of the Ministry of Labor, War Invalids and Social Affairs guiding the consultation by state management agencies on labor with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS 

Circular No. 27/2014/TT-BLDTBXH dated October 06, 2014 of the Ministry of Labor, War Invalids and Social Affairs guiding the consultation by state management agencies on labor with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues

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

Pursuant to the Decree No. 53/2014/ND-CP dated May 26, 2014 providing the consultation by state management agencies with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues;

At the proposal of the Director of the Labor-salary Department;

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular guiding the consultation by state management agencies on labor with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues.

Article 1. Scope of application

This Circular promulgates principles, contents and forms of consultation by state management agencies with organizations representing employees and employers at the local level (hereinafter referred to as parties) in the formulation of labor policies and law and industrial relation issues.

Article 2. Subject of application

1. The Ministry of Labor, War Invalids and Social Affairs.

2. The People s Committees of provinces and cities directly under the Central (hereinafter referred to as the Provincial People Committees).

3.The Confederation of Labor of provinces and cities directly under the Central (hereinafter referred to as the Provincial Confederation of Labor).

4. Branches or representative office of the Vietnam Chamber of Commerce and Industry in provinces and cities directly under the Central; Association of enterprises; Vietnam Association of Small and Medium Enterprises of provinces and cities directly under the Central; co-operative union of provinces and cities directly under the Central (hereafter referred to as the provincial organizations representing employers).

5. Agencies, organizations and individuals relating to the implementation of this Circular.

Article 3. Principles of consultation

The consultation by state management agencies on labor with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues must comply with the law and respect the rights and legitimate interests of employees and employers.

Article 4. Contents of consultation

1. Labor policies and law on labor concerning the obligations, rights and legitimate interests of employees and employers when being requested by the Minister ofLabor, Invalids and Social Affairs for thepresident of the provincial People’s Committees.

2. Legal documents, documents guiding the implementation of policies on labor promulgated by the provincial People’s Councils, People’s Committees.

3. Solutions to the development of labor relations of provinces, cities; Measures for prevention and settlement of labor disputes; Reports on labor relations at the local.

4. Other issues at the request of the provincial People’s Committees;

Article 5. Forms of consultation

1. Written consultation.

2. Consultation through steering committees, research committees in which organizations representing employees and employers participate.

3. Consultation at meetings, seminars, forums and consultation conferences in which organizations representing employees and employers participate.

Article 6. Responsibility of Provincial People’s Committees for consultation

1. To consult the provincial Association of Labor, organizations representing employees and employers on contents as stipulated under Article 4 of this Circular with suitable forms.

2. To assume the prime responsibility and coordinate with parties to set up teams, steering committees, research committees to implement issues related to labor relations, coordinate to handle with arising problems in labor relations at the local.

Article 7. Responsibilities of the Provincial Federation of Labor

1. To collect and summarize opinions of unions and units under the Provincial Federation of Labor on contents as stipulated under Article 4 of this Circular to participate with provincial People’s Committees when being requested.

2. To assign employees to take part in meetings, conferences and make a speech on contents discussed at the meeting, conference held by the provincial People’s Committees.

3. To assign employees to join business team, steering committee, research committees to implement contents as prescribed under Article 4 of this Circular; coordinating to settle arising problems about labor relations in the local when being requested by the provincial People’s Committees.

Article 8. Responsibilities of provincial organizations representing employers to give opinions

1. To collect and summarize opinions of members, organizations under its management on contents as stipulated under Article 4 of this Circular to participate with provincial People’s Committees when being requested.

2. To assign employees to take part in meetings, conferences and make a speech on contents discussed at the meeting, conference held by the provincial People’s Committees.

3. To assign employees to join business team, steering committee, research committees to implement contents as prescribed under Article 4 of this Circular; coordinating to settle arising problems about labor relations in the local when being requested by the provincial People’s Committees.

Article 9. Effect

1. This Decree takes effect on November 21, 2014.

2. The Joint Circular No. 04/2006/TTLT/BLDTBXH-TLDLDVN dated June 21, 2006 guiding the implementation of Clause 3, Article 1 of the Government’s Decree No. 145/2004/ND-CP of July 14, 2004, providing for contribution of laborer and employer representatives’ opinions to provincial-level state agencies on matters related to labor relationships ceases to be effective from the effective day of this Circular.

3. Presidents of People’s Committees of provinces and cities under the Central shall assign professional agencies to implement contents as stipulated under this Circular.

4. The chairperson of the Vietnam General Federation of Labor, the chairpersons of the Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance, and Vietnam Association of Small- and Medium-Sized Enterprises shall guide and organize the implementation of this Circular among member organizations and enterprise associations.

5. In the course of implementation, any arising problems should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement.

For the Minister

The Deputy Minister

Pham Minh Huan