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

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.

Article 4.Principles of authorization

1. To guarantee the effectiveness of state management of labor in industrial parks.

2. To create favorable conditions for production and business activities of enterprises located in industrial parks.

3.  To 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.

Article 5.Form and duration of authorization

1. The authorization must be made in writing. A document of authorization shall be made into 3 (three) copies according to the form provided in Appendix I to this Circular, each party shall keep 1 (one), 1 (one) shall be sent to the Ministry of Labor, War Invalids and Social Affairs (through the Legal Department).

2. The duration of authorization must be identified and specified in the document of authorization.

Article 6.Termination of authorization ahead of schedule

Authorizing agencies may terminate the authorization ahead of schedule if deeming that authorized agencies fail to properly perform the authorized tasks.

The ahead-of-schedule termination of authorization shall be informed in writing, together with reasons therefor, to authorized agencies and other related agencies.

Article 7.Contents of authorization

1. Provincial-level People’s Committees shall authorize industrial park management boards to perform the following tasks:

a/ To receive notifications of group layoffs from enterprises in industrial parks;

b/ 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);

c/ To receive annual reports on training and retraining to improve workers’ qualifications and skills from enterprises in industrial parks;

d/ To receive collective labor accords from enterprises in industrial parks;

dd/ To register internal labor regulations of enterprises in industrial parks;

e/ 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.

2. Provincial-level Departments of Labor, War Invalids and Social Affairs shall authorize industrial park management boards to perform the following tasks:

a/ To receive and process dossiers of registration for performance of contracts of employment under probationary status from enterprises in  industrial parks, which send workers abroad to work under probationary status for less than 90 days;

b/ To receive declarations and reports on labor use and report on changes in the labor situation from enterprises in industrial parks;

c/ To receive labor outsourcing service-providing enterprises’ notifications of their location, areas of operation, time of starting operation, managers and persons holding key titles;

d/ To grant, re-grant and revoke work permits for foreigners working for enterprises in industrial parks;

dd/ To confirm that foreigners working for enterprises in industrial parks are exempted from work permit;

e/ To receive notifications of overtime work of between over 200 hours and 300 hours per year from enterprises in industrial parks.

3. 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.

Chapter III

RESPONSIBILITIES OF AUTHORIZING AND AUTHORIZED AGENCIES

Article 8.Responsibilities of authorizing agencies

1. General responsibilities of authorizing agencies

a/ To examine the performance of authorized tasks by authorized agencies;

b/ To receive and settle recommendations of, and resolve problems facing enterprises, which are related to the performance of authorized tasks.

2. Responsibilities of provincial-level People’s Committees

a/ To direct, guide and examine 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;

b/ To summarize and make 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.

3. Responsibilities of provincial-level Departments of Labor, War Invalids and Social Affairs

a/ To advise and assist provincial-level People’s Committees in performing the state management of labor and authorizing industrial park management boards;

b/ To make and send reports on the authorization to industrial park management boards to provincial-level People’s Committees before July 10 every year and January 10 of the subsequent year;

c/ To advise and assist provincial-level People’s Committees in summarizing and reporting the authorization to local industrial park management boards.

4. Responsibilities of district-level People’s Committees

To make and send reports on the authorization to industrial park management boards to provincial-level People’s Committees before July 10 every year and January 10 of the subsequent year.

Article 9.Responsibilities of authorized agencies

1. Industrial park management boards shall, based themselves on the Labor Code, documents guiding the implementation of the Labor Code and documents of authorization, properly and fully perform authorized tasks, ensuring the effectiveness of state management of labor in industrial parks.

2. To take responsibility before authorizing agencies and law for the performance of authorized tasks.

3. To notify the authorization to all enterprises in industrial parks, serving the performance of authorized tasks.

4. Once every 6 (six) months, industrial park management boards shall report on the performance of authorized tasks to authorizing agencies before July 5 every year and January 5 of the subsequent year. Particularly, reports on the performance of the tasks specified at Point a, Clause 2, Article 7 must be submitted before December 15 every year.

Industrial park management boards shall make unexpected reports as requested by the Ministry of Labor, War Invalids and Social Affairs, provincial-level People’s Committees, provincial-level Departments of Labor, War Invalids and Social Affairs and other state competent agencies, or required by law.

5. To guide enterprises to comply with the labor law with regard to authorized tasks.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10.Effect

1. This Circular takes effect on January 15, 2015.

The Ministry of Labor, War Invalids and Social Affairs’ Circular No. 13/2009/TT-BLDTBXH of May 6, 2009, guiding the implementation of state management of labor in industrial parks, export processing zones, economic zones and hi-tech parks, ceases to be effective on the effective date of this Circular.

2. Documents on authorization for performance of a number of tasks regarding state management of labor in industrial parks, which were signed in contravention of this Circular, cease to be effective on the effective date of this Circular.

Article 11.Organization of implementation

1. Within 60 (sixty) days after the effective date of this Circular, provincial-level People’s Committees, provincial-level Departments of Labor, War Invalids and Social Affairs and district-level People’s Committees shall authorize industrial park management boards according to this Circular.

2. The Legal Department shall assist the Minister in examining, urging and summarizing the implementation of, and make proposals and recommendations for problems related to, authorization of state management of labor in industrial parks nationwide.

3. Any problems arising in the course of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement.-

For the Minister of Labor, War Invalids and Social Affairs
Deputy Minister
PHAM MINH HUAN