Circular No. 32/2014/TT-BLDTBXH dated December 01, 2014 of the Ministry of Labor, War Invalids and Social Affairs guiding the authorization for performing a number of tasks of state management of labor in industrial parks, export processing zones, economic zones and hi-tech parks

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Circular No. 32/2014/TT-BLDTBXH dated December 01, 2014 of the Ministry of Labor, War Invalids and Social Affairs guiding the authorization for performing a number of tasks of state management of labor in industrial parks, export processing zones, economic zones and hi-tech parks
Issuing body: Ministry of Labor, Invalids and Social AffairsEffective date:
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Official number:32/2014/TT-BLDTBXHSigner:Pham Minh Huan
Type:CircularExpiry date:
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Issuing date:01/12/2014Effect status:
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Fields:Labor - Salary

SUMMARY

INDUSTRIAL PARK’S MANAGING BOARD ALLOWED TO ISSUE THE WORK PERMIT FOR FOREIGNERS

The Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 32/2014/TT-BLDTBXH guiding the authorization for performing a number of tasks of state management of labor in industrial parks, export processing zones, economic zones and hi-tech parks.

Accordingly, district-level People’s Committees shall authorize industrial park management boards to receive wage scales, wage tables and labor norms of enterprises in industrial parks. Provincial-level People’s Committees shall authorize industrial park management boards to perform the tasks to receive notifications of group layoffs from enterprises in industrial parks; to receive reports on labor outsourcing from enterprises providing labor outsourcing services in industrial parks (the number of outsourced workers, labor outsourcing service users, and labor outsourcing service charge rates); to receive annual reports on training and retraining to improve workers’ qualifications and skills from enterprises in industrial parks; to receive collective labor accords from enterprises in industrial parks; to register internal labor regulations of enterprises in industrial parks; to receive enterprises’ explanatory reports on their demand to employ foreign workers to positions for which Vietnamese workers are underqualified for summarization and reporting to chairpersons of provincial-level People’s Committees for decision. The authorization must be made in writing;  guarantee the effectiveness of state management of labor in industrial parks; create favorable conditions for production and business activities of enterprises located in industrial parks and authorize the whole or part of work contents as discussed and agreed between authorizing and authorized agencies in conformity with local realities and  industrial park management boards’ personnel in charge of labor.

Authorizing agencies are responsible for examining the performance of authorized tasks by authorized agencies; receiving and settle recommendations of, and resolve problems facing enterprises, which are related to the performance of authorized tasks. The provincial-level People’s Committees are responsible for directing, guiding and examining provincial-level Departments of Labor, War Invalids and Social Affairs, district-level People’s Committees and industrial park management boards in the authorization of state management of labor; summarizing and making reports on the authorization to local industrial park management boards. Such reports shall be made according to the form provided in Appendix II to this Circular and sent to the Ministry of Labor, War Invalids and Social Affairs (the Legal Department) before July 15 every year and January 15 of the subsequent year.

This Circular takes effect on January 15, 2015.
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Effect status: Known

THE MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
 
No. 32/2014/TT-BLDTBXH
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness

 
Hanoi, December 1, 2014
 
 
 
 
CIRCULAR
Guiding the authorization for performing a number of tasks of state management of labor in industrial parks, export processing zones, economic zones and
hi-tech parks
[1]
 
Pursuant to the June 18, 2012 Labor Code;
Pursuant to the Government’s Decree No. 106/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
Pursuant to the Government’s Decree No. 164/2013/ND-CP of November 12, 2013, amending and supplementing a number of articles of the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export processing zones and economic zones;
Pursuant to the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export processing zones and economic zones;
Pursuant to the Government’s Decree No. 99/2003/ND-CP of August 28, 2003, promulgating the Regulation on hi-tech parks;
Pursuant to the Government’s Decree No. 24/2014/ND-CP of April 4, 2014, providing the organization of specialized agencies under provincial-level People’s Committees;
At the proposal of the Director of the Legal Department;
The Minister of Labor, War Invalids and Social Affairs promulgates the Circular guiding the authorization for performing a number of tasks of state management of labor in industrial parks, export processing zones, economic zones and hi-tech parks.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular guides the authorization for performing a number of tasks of state management of labor in industrial parks, export processing zones, economic zones and hi-tech parks (below referred to as industrial parks).
Article 2. Subjects of application
1. People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees).
2. Departments of Labor, War Invalids and Social Affairs of provinces and centrally run cities (below referred to as provincial-level Departments of Labor, War Invalids and Social Affairs).
3. People’s Committees of rural districts, urban districts, towns and provincial cities (below referred to as district-level People’s Committees).
4. Management boards of industrial parks, export processing zones, economic zones and hi-tech parks (below referred to as industrial park management boards).
5. Other enterprises, organizations and individuals involved in the authorization for performing a number of tasks of state management of labor in industrial parks.
Chapter II
AUTHORIZATION FOR PERFORMING A NUMBER OF TASKS OF STATE MANAGEMENT OF LABOR IN INDUSTRIAL PARKS
Article 3. Authorizing and authorized agencies
1. Authorizing agencies include:
a/ Provincial-level People’s Committees;
b/ Provincial-level Departments of Labor, War Invalids and Social Affairs;
c/ District-level People’s Committees.
2. Authorized agencies are industrial park management boards.
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[1] Công Báo Nos 179-180 (02/2/2015)
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