Circular 17/2023/TT-BLDTBXH guiding the authorization for management of labor in industrial parks

CIRCULAR

Guiding the authorization for performing tasks of the state management of labor in industrial parks and economic zones^[1]

Pursuant to the November 20, 2019 Labor Code;

Pursuant to the June 19, 2015 Law on Organization of Local Administration; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 35/2022/ND-CP of May 28, 2022, providing the management of industrial parks and economic zones;

Pursuant to the Government’s Decree No. 62/2022/ND-CP of September 12, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 24/2014/ND-CP of April 4, 2014, providing the organization of specialized agencies under People’s Committees of provinces and centrally run cities;

Pursuant to the Government’s Decree No. 107/2020/ND-CP of September 14, 2020, amending and supplementing a number of articles of the Government’s Decree No. 24/2014/ND-CP of April 4, 2014, providing the organization of specialized agencies under People’s Committees of provinces and centrally run cities;

Pursuant to the Government’s Decree No. 145/2020/ND-CP of December 14, 2020, detailing and guiding the implementation of a number of articles of the Labor Code regarding working conditions and industrial relations;

Pursuant to the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

Pursuant to the Government’s Decree No. 70/2023/ND-CP of September 18, 2023, amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

At the proposal of the Director of the Legal Department;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular guiding the authorization for performing tasks of the state management of labor in industrial parks and economic zones.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the authorization for performing tasks of the state management of labor in industrial parks and economic zones (below collectively referred to as industrial parks) specified in the Government’s Decree No. 35/2022/ND-CP of May 28, 2022, providing the management of industrial parks and economic zones (below referred to as Decree No. 35/2022/ND-CP).

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, Invalids and Social Affairs of provinces and centrally run cities (below referred to as provincial-level Departments of Labor, Invalids and Social Affairs).

3. Management boards of industrial parks and economic zones (below referred to as industrial park management boards) specified in Decree No. 35/2022/ND-CP).

4. Other enterprises, organizations and individuals involved in the tasks of the state management of labor in industrial parks.

Chapter II

AUTHORIZATION FOR PERFORMING TASKS OF THE STATE MANAGEMENT OF LABOR IN INDUSTRIAL PARKS

Article 3. Authorizing agencies and authorized agencies

1. Authorizing agencies are provincial-level People’s Committees.

2. Authorized agencies are industrial park management boards.

Article 4. Principles of authorization

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

2. To facilitate production and business activities of enterprises in industrial parks.

3. To ensure that the contents of authorization are agreed upon between authorizing agencies and authorized agencies and conformable with local realities and industrial park management boards’ status of personnel in charge of labor.

Article 5. Form and duration of authorization

1. The authorization shall be made in writing. A letter of authorization shall be made into 4 (four) copies according to the form provided in Appendix I to this Circular; the authorizing agency and the authorized agency shall each keep 1 (one) copy; 1 (one) copy shall be sent to the Ministry of Labor, Invalids and Social Affairs (through the Legal Department), and 1 (one) copy shall be sent to the concerned provincial-level Department of Labor, Invalids and Social Affairs.

2. The period of authorization shall be identified and specified in the letter of authorization.

Article 6. Premature termination of authorization

The authorizing agency may prematurely terminate the authorization if deeming that the authorized agency fails to properly perform the authorized tasks, or based on local realities and requirements of the state management of labor in localities.

The premature termination of authorization shall be informed in writing, together with reasons therefor, to the authorized agency and other related agencies.

Article 7. Contents of authorization

Provincial-level People’s Committees shall decide on authorization for industrial park management boards to receive notices of layoffs from enterprises in industrial parks in accordance with Clause 6, Article 42 of the Labor Code.

Chapter III

RESPONSIBILITIES OF STATE AGENCIES

Article 8. Responsibilities of provincial-level People’s Committees

1. To organize the authorization for performing tasks of the state management of labor in industrial parks in accordance with this Circular.

2. To direct, guide and inspect industrial park management boards in performing their authorized tasks of the state management of labor in industrial parks.

3. To receive and settle recommendations of and resolve problems facing enterprises, which are related to the authorization.

4. Annually, to summarize information and make reports on the authorization to industrial park management boards in their localities according to the form provided in Appendix II to this Circular, and send them to the Ministry of Labor, Invalids and Social Affairs (through the Legal Department) before January 30 of the subsequent year.

Article 9. Responsibilities of industrial park management boards

1. To properly and fully perform authorized tasks, ensuring the effectiveness of the state management of labor in industrial parks.

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

3. To notify the authorized tasks of the state management of labor to all enterprises in industrial parks; to guide enterprises to comply with the labor law with regard to authorized tasks.

4. Annually, to make reports on the performance of authorized tasks of the state management of labor in industrial parks according to the form provided in Appendix II to this Circular, and send them to the Ministry of Labor, Invalids and Social Affairs (through the Legal Department), provincial-level People’s Committees and provincial-level Departments of Labor, Invalids and Social Affairs before January 15 of the subsequent year.

Industrial park management boards shall make extraordinary reports at the request of the Ministry of Labor, Invalids and Social Affairs, provincial-level People’s Committees, provincial-level Departments of Labor, Invalids and Social Affairs or other state management agencies, or as prescribed by law.

Article 10. Responsibilities of provincial-level Departments of Labor, Invalids and Social Affairs

To advise and assist provincial-level People’s Committees in summarizing information and reporting on the performance of tasks of the state management of labor in industrial parks in their localities, specifically as follows:

1. To assume the prime responsibility for, and coordinate with industrial park management boards in, summarizing information and reporting on the performance of tasks of the state management of labor in industrial parks, and the performance of tasks of the state management of labor in their localities.

2. To coordinate with industrial park management boards in settling recommendations of and resolving problems facing enterprises, which are related to the performance of authorized tasks of the state management of labor in industrial parks.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 11. Effect

1. This Circular takes effect on March 1, 2024.

The Ministry of Labor, Invalids and Social Affairs’ Circular No. 32/2014/TT-BLDTBXH of December 1, 2014, guiding the authorization for performing a number of tasks of the 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. From the effective date of this Circular, the authorization for performing tasks of the state management of labor in hi-tech parks must comply with this Circular.

Article 12. Organization of implementation

1. The Legal Department of the Ministry of Labor, Invalids and Social Affairs shall assist the Minister of Labor, Invalids and Social Affairs in examining, urging, and summarizing information on, the implementation of, and make proposals and recommendations for solving problems related to, authorization for performing tasks of the state management of labor in industrial parks and hi-tech parks nationwide.

2. In case the legal documents referred to in this Circular are revised or replaced, the revising or replacing documents shall prevail.

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

For the Minister of Labor, Invalids and Social Affairs
Deputy Minister
LE VAN THANH

  * The Appendices to this Circular are not translated.