Thông tư 32/2014/TT-BLDTBXH

CIRCULAR

PROVIDING GUIDANCE ON AUTHORIZATION TO PERFORM A NUMBER OF TASKS IN STATE MANAGEMENT OF LABOR IN INDUSTRIAL ZONES, PROCESSING AND EXPORTING ZONES, ECONOMIC ZONES AND HI-TECH ZONES

Pursuant to the Labor Code dated June 18, 2012;

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

Pursuant to the Government's Decree No. 164/2013 / ND-CP dated November 12, 2013 amending and supplementing a number of articles of the Government' s Decree No. 29/2008 / ND-CP dated August 28, 2008 defining industrial zones, processing and exporting zones and economic zones ;

Pursuant to the Government's Decree No. 29/2008 / ND-CP dated March 14, 2008 defining industrial zones, processing and exporting zones and economic zones ;

Pursuant to the Government's Decree No. 99/2003 / ND-CP dated August 28, 2003 on issuing the Regulations of hi-tech zones ;

Pursuant to the Government's Decree No. 24/2014 / ND-CP dated April 04, 2014 04 defining organizing the specialized agencies of People’s Committee of central-affiliated cities and provinces ;

At the request of the Director of the Legal Department ;

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular providing guidance on authorization to perform a number of tasks in state management of labor in industrial zones, processing and exporting zones, economic zones and hi-tech zones

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides guidance on authorization to perform a number of tasks in state management of labor in industrial zones, processing and exporting zones, economic zones and hi-tech zones

Article 2. Regulated entities

1. People’s Committees of central-affiliated cities and provinces ( hereinafter referred to as provincial People’s Committees)

2. Services of Labour, War Invalids and Social Affairs of central-affiliated cities and provinces ( hereinafter referred to as Services of Labour, War Invalids and Social Affairs)

3. People’s Committees of province-affiliated districts, towns and cities ( hereinafter referred to as district-level People’s Committees)

4. management boards of industrial zones, processing and exporting zones, economic zones and hi-tech zones ( hereinafter referred to as management boards of industrial zones )

5. Other enterprises, organizations and individuals involved in the authorization to perform the tasks in state management of labor in industrial zones.

Chapter II

AUTHORIZATION TO PERFORM A NUMBER OF TASKS IN STATE MANAGEMENT OF LABOR IN INDUSTRIAL ZONES.

Article 3. Authorizing and authorized agencies

1. Authorizing agencies:

a) Provincial People’s Committees

b) Services of Labour, War Invalids and Social Affairs

c) District-level People’s Committees

2. Authorized agency is management boards of industrial zones

Article 4. Principles of authorization

1. Ensure the effective management of the state of labor in industrial zones.

2. Facilitate the production and business of enterprises in the industrial zones .

3. Authorize all or a number of the contents discussed, agreed by authorizing and authorized work agencies which is consistent with the local actual situation and organizational structure of employees of management boards of industrial zones

Article 5. Forms and term of authorization

1. Authorization must be made in writing. The written authorization shall be made in 03 (three) copies in the form in Appendix I enclosed herewith this Circular, each agency shall hold 01 (one), 01 (one) shall be sent to the Ministry of Labor, War Invalids and Social Affairs (through the Legal Department).

2. Authorization shall be determined the term and specified in the written authorization.

Article 6. Termination of authorization ahead of term

Authorizing agency shall be entitled to terminate the authorization ahead of term if the agency deems that authorized agency does not perform the authorized contents.

The termination of the authorization ahead its term shall be notified in writing, stated clearly the reasons, sent to authorized agencies and the agencies involved.

Article 7. Contents of authorization

1. a) Receive notification of the dismissal of many workers in industrial zones .

b) Receive reports on outsourcing services (number of employees in outsourcing services , outsourcing service user, fees of outsourcing services of outsourcing providers in industrial zones

c) Receive reports on the results of training and fostering to improve the level and skills annually in the industrial zones.

d) Receive the collective bargaining agreement of the enterprises in the industrial zones.

dd)Register the labor regulations of enterprises in the industrial zones.

e) Receive explanatory reports of enterprises on the needs of using foreign workers for each job that Vietnamese employees have not met, summarize and request the Presidents of the provincial People’s Committees for decision.

2. Services of Labour, War Invalids and Social Affairs shall authorize management boards of industrial zones to perform the following tasks : a) Receive and process applications for registration of concluding the contract of practicing employee acceptance of enterprises in industrial zones who send workers abroad under the form of practice to improve their skills within 90 days.

b) Receive reports on using employees and changes in employees of enterprises in the industrial zones.

c) Receive notice of location, area , start time of operation and managers, who hold key positions of outsourcing provider .

d) Grant, regrant, revoke the work permit for foreigners working for enterprises in the industrial zones.

dd) Certify foreign workers who work for enterprises in the industrial zones that they are exempt from work permit .

e) Receive notification of enterprises in the industrial zones on working overtime from 200 hours to 300 hours a year.

3. district-level People’s Committee shall authorize the management boards of industrial zones to receive the system of pay scale, payroll, employee norms of enterprises in the industrial zones .

Chapter III

RESPONSIBILITIES OF AUTHORIZING AND AUTHORIZED AGENCIES

Article 8. Responsibilities of authorizing agencies

1. Overall responsibilities of authorizing agencies

a) Inspect the authorization of the authorized agency.

b) Receive and resolve the proposals and problems of enterprises involved in the implementation of the authorization.

2. Responsibilities of the provincial People’s Committees

a) Direct, guide, inspect the Services of Labour, War Invalids and Social Affairs , district-level People’s , management boards of industrial zones in authorizing the State management of labor .

b) Summarize, report on authorizing the management boards of industrial zones in the administrative divisions and submit to the Ministry of Labor, War Invalids and Social Affairs ( the Legal Department) before July 15 every day and January 15 of the following year according to the form in Appendix II enclosed herewith this Circular.

3. Responsibilities of Services of Labour, War Invalids and Social Affairs

a) Advise and assist the provincial People's Committee to manage the State management of labor and authorize the management boards of industrial zones ;

b) Report on authorizing the management boards of industrial zones and submit to the provincial People’s Committees before July 10 annually and January 10 of the following year ;

a) Advise and assist the provincial People's Committee to summarize, report on authorizing management boards of industrial zones in the administrative division ;

4. Responsibilities of the district-level People’s Committee

Report on authorizing the management boards of industrial zones and submit to the provincial People’s Committees before July 10 annually and January 10 of the following year ;

Article 9. Responsibilities of authorized agencies

1. Pursuant to the Labor Code, guiding documents of implementation of the Labor Code and the written authorization, the management boards of industrial zones shall directly perform correctly and fully the authorized contents, ensure effective management of the state of labor in industrial zones.

2. Authorized agencies shall bear responsibilities with authorizing agency and law on authorization.

3. Authorized agency shall notify the authorization to all enterprises in the industrial zones so that such enterprises shall perform the authorized tasks.

4. The management boards of industrial zones shall report every 06 ( six) months to authorized agency on all authorized tasks before July 5 annually and January 05 of the following year. Authorized contents specified at Point a, Clause 2, Article 7 shall be reported before December 15 of each year.

The management boards of industrial zones shall report extraordinarily at the request of the Ministry of Labor, War Invalids and Social Affairs, the provincial People’s Committees, the Services of Labour, War Invalids and Social Affairs and other competent State agencies or as prescribed by law

5. Authorized agency shall guide enterprises to comply with the provisions of labor law for the authorized work.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effect

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

The Ministry of Labor, War Invalids and Social Affairs’ Circular No. 13/2009 / TT-BLĐTBXH dated May 6, 2009 providing guidance on the implementation of the tasks of State management of labor in industrial zones , processing and exporting zones, economic zones and hi-tech zones shall be invalid since this Circular takes effect.

2. The written authorization to perform some tasks of State management of labor in industrial zones signed is contrary to the provisions of this Circular shall be invalid since this Circular takes effect.

Article 11. Implementation

1. At least 60 (sixty) days after the effective date of this Circular, the provincial People's Committee, the Services of Labour, War Invalids and Social Affairs , the district-level People’s Committee shall authorize the management boards of industrial zones under the provisions of this Circular.

2. the Legal Department shall assist the Ministers to inspect, expedite, summarize the implementation, proposals of problem handling of authorization State management of labor in industrial zones on a national scale.

3. Any problems arising in the course of implement should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and solving./.