Thông tư 27/2014/TT-BLDTBXH

CIRCULAR

GUIDING THE CONSULTATION BY LABOR STATE MANAGEMENT AGENCIES WITH LOCAL ORGANIZATIONS REPRESENTING EMPLOYEES AND EMPLOYERS IN THE FORMULATION OF LABOR POLICIES AND LAWS AND ON INDUSTRIAL RELATION ISSUES

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. 53/2014/ND-CP of May 26, 2014, providing the consultation by state management agencies with local organizations representing employees and employers in the formulation of labor policies and laws and on industrial relation issues;

At the proposal of the Director of the Department of Labor and Salary,

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

Article 1. Scope of regulation

This Circular provides principles, contents and forms of consultation by labor state management agencies with local organizations representing employees and employers (below collectively referred to as parties) in the formulation of labor policies and laws and on industrial relation issues.

Article 2. Subjects of application

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

2. People’s Committees of provinces and centrally run cities (below collectively referred to as provincial-level People’s Committees).

3. Labor federations of provinces and centrally run cities (below collectively referred to as provincial-level labor federations).

4. Branches or representative offices of the Vietnam Chamber of Commerce and Industry in provinces and centrally run cities; enterprise associations and small- and medium-sized enterprise associations in provinces and centrally run cities; and cooperative alliances in provinces and centrally run cities (below collectively referred to as provincial- level organizations representing employers).

5. Agencies, organizations and individuals involved in the implementation of this Circular.

Article 3. Principles of consultation

The consultation by labor state management agencies with provincial-level organizations representing employees and employers in the formulation of labor policies and laws and on industrial relation issues must ensure compliance with law, democracy, honesty and respect for the lawful rights and interests of employees and employers.

Article 4. Contents of consultation

1. Labor policies and laws concerning the obligations and lawful and legitimate rights and interests of employees and employers as requested by the Minister of Labor, War Invalids and Social Affairs to chairpersons of provincial-level People’s Committees.

2. Legal documents and guiding documents on the implementation of labor policies and laws promulgated by provincial-level People’s Councils and Committees.

3. Solutions for development of industrial relations in provinces and cities; measures for prevention and settlement of labor disputes; periodic reports on industrial relations in localities.

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

Article 5. Forms of consultation

1. Written consultation.

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

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

Article 6. Responsibilities of provincial-level People’s Committees for consultation

1. To consult provincial-level labor federations and provincial-level organizations representing employers about the contents specified in Article 4 of this Circular in appropriate and effective forms promoting parties’ responsibility for consultation.

2. To assume the prime responsibility for, and coordinate with parties in establishing working teams, steering committees and research units in order to implement industrial relation issues and coordinate in settling problems arising in industrial relations in their localities.

Article 7. Responsibilities of provincial-level labor federations to give opinions

1. To collect and summarize opinions and consult trade union members, grassroots- level trade unions, immediate higher-level trade unions and units of provincial-level labor federations about the contents specified in Article 4 of this Circular in order to give opinions to provincial-level People’s Committees upon request.

2. To appoint representatives, when being invited, to attend and give opinions about the contents under discussion at conferences and seminars held by provincial-level People’s Committees.

3. To appoint their representatives to join working teams, steering committees and research units in implementing the contents specified in Article 4 of this Circular; and coordinate in settling problems arising in industrial relations in localities at the request of provincial-level People’s Committees.

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

1. To collect and summarize opinions and consult members and organizations under their management about the contents specified in Article 4 of this Circular in order to give opinions to provincial-level People’s Committees upon request.

2. To appoint their representatives, when being invited, to attend and give opinions at conferences and seminars held by provincial-level People’s Committees.

3. To appoint their representatives to join working teams, steering committees and research units in implementing the contents specified in Article 4 of this Circular; and coordinate in settling problems arising in industrial relations in localities at the request of provincial-level People’s Committees.

Article 9. Effect

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

2. Joint Circular No. 04/2006/TTLT-BLDTBXH-TLDLDVN of June 21,2006, guiding Clause 3, Article 1 of the Government’s Decree No. 145/2004/ND-CP of July 14, 2004, providing employees’ and employers’ representatives’ contribution of opinions to provincial- level state agencies on industrial relation issues, ceases to be effective from the date this Circular takes effect.

3. Chairpersons of provincial-level People’s Committees shall assign specialized agencies to implement the contents specified in this Circular.

4. The Presidents of the Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Association of Small- and Medium-Sized Enterprises and Vietnam Cooperative Alliance shall direct and guide the implementation of this Circular by their provincial-level member organizations.

5. Any problems arising in the course of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for guidance and supplementation.-