Thông tư 13/2009/TT-BLDTBXH

CIRCULAR

GUIDING THE STATE MANAGEMENT OF LABOR IN INDUSTRIAL ZONES, EXPORT PROCESSING ZONES, ECONOMIC ZONES AND HI-TECH ZONES

Pursuant to the Labor Code passed by the 9^th National Assembly of the Socialist Republic of Vietnam in the 5^th session on June 23, 1994; and the Laws on amending and supplementing a number of articles of the Labor Code on 2002, 2006, and 2007;

Pursuant to the Government's Decree No. 99/2003/ND-CP on August 28, 2003 on the Regulation on Hi-tech zones;

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

Pursuant to the Government's Decree No. 186/2007/ND-CP on December 25, 2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

The Ministry of Labor, War Invalids and Social Affairs guides the State management of labor in industrial zones, export processing zones, economic zones and hi-tech zones as follows:

Article 1. Scope of regulation

This Circular guides the state management of labor in industrial zones, export processing zones, economic zones and hi-tech zones (hereinafter referred to as industrial zones).

Article 2. Subjects of application  

This Circular is applicable to:

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

- People’s Committees of communes, districts, towns and cities affiliated to provinces;

- The agencies in charge of State management of labor of central-affiliated cities and provinces  (hereinafter referred to as Services of Labor, War Invalids and Social Affairs);

- The Management boards of industrial zones, export processing zones, economic zones, and Hi-tech zones (hereinafter referred to as Management boards of industrial zones);

- Enterprises, organizations and individuals related to the State management of labor in industrial zones.

Article 3. The State management of labor in industrial zones  

1. Some primary contents of the State management of labor in industrial zones:

a) Grasping the labor demand – supply and the labor demand – supply fluctuation in industrial zones as the basis for making plans, distributing and using labor in industrial zones;

b) Making statistics on: the employees; the living standards, the incomes and houses of the employees in industrial zones.

c) Getting the information about the employers and the internal Union organization of each enterprise.

d) Propagating and disseminating the legal documents on labor to the employers and employees in industrial zones;

dd) Guiding the establishment of harmonious, stable and developed labor relations in enterprises;

e) Guiding the enterprise and employees to properly implement the law provisions on: labor contract; collective labor agreement; salaries; labor discipline, financial responsibility; labor hygiene and safety; working hours, resting time; the Union; labor disputes; social insurance; unemployment insurance.

f) Inspecting the compliance with law provisions on labor and law provisions on social insurance, and handling violations of law provisions on labor;

g) Settling the labor disputes as prescribed by law.

2. The responsibilities for State management of labor in industrial zones

a) Provincial People’s Committees are in charge of State management of labor in industrial zones.

b) Services of Labor, War Invalids and Social Affairs shall assist provincial People’s Committees in the State management of labor under the decentralization from the Ministry of Labor, War Invalids and Social Affairs.

c) Management boards of industrial zones shall perform some tasks in the State management of labor in industrial zones under the delegation from Services of Labor, War Invalids and Social Affairs.

Article 4. Delegating the performance of some tasks in the State management of labor in industrial zones  

The delegation of the performance of some tasks in the State management of labor in industrial zones is guided as follows:

1. Delegation principles

a) Ensuring the efficiency of the State management of labor in industrial zones.

b) Facilitating the production and business of enterprises in the industrial zone.

c) Unifying the delegation contents congruently with the management mechanism of the Management board of the industrial zone.

d) The Management board of the industrial zone must directly perform the delegated tasks and be responsible to the delegating agency and before the law.

2. Form of delegation

The delegation must be made in writing under the form in the Annex promulgated together with this Circular; and made into three (03) copies, each party shall keep one (01) copy, and one (01) copy shall be sent to the provincial People’s Committee.

3. Delegation contents

The parties shall reach the agreement on delegating all or some of the following contents, depending on the practical conditions of each locality and the mechanism of the Management board of the industrial zone:

a) Issuing, re-issuing, extending, revoking the labor licenses of foreigners working in the industrial zone; this task shall be performed in accordance with the guidance in the following legal documents:

- The Government's Decree No. 34/2008/ND-CP on March 25, 2008 on the recruitment and management of foreigners working in Vietnam.

- The Circular No. 08/2008/TT-BLDTBXH on June 10, 2008 of the Ministry of Labor, War Invalids and Social Affairs on guiding the implementation of a number of articles of the Government's Decree No. 34/2008/ND-CP on March 25, 2008 on the recruitment and management of foreigners working in Vietnam.

b) Issuing, re-issuing labor books to Vietnamese employees working in the industrial zone; this task shall be performed in accordance with the guidance in the following legal documents:

- The Circular No. 18/LDTBXH-TT on May 31, 1994 of the Ministry of Labor, War Invalids and Social Affairs on the issuance, management and use of labor books.

- The Circular No. 10/LDTBXH-TT on May 22, 1996 of the Ministry of Labor, War Invalids and Social Affairs further guiding the issuance, management and use of labor books.

c) Registering the labor regulations of enterprises in the industrial zone; this task shall be performed in accordance with the guidance in the following legal documents:

- The Government's Decree No. 41/CP on July 06, 1995 detailing and guiding the implementation of a number of articles of the Labor Code applicable to labor discipline and financial responsibility.

- The Government's Decree No. 33/2003/ND-CP on April 02, 2003 amending and supplementing a number of articles of the Government's Decree No. 41/CP on July 06, 1995 detailing and guiding the implementation of a number of articles of the Labor Code applicable to labor discipline and financial responsibility.

- The Circular No. 19/2003/TT-BLDTBXH on September 22, 2003 of the Ministry of Labor, War Invalids and Social Affairs guiding the Government's Decree No. 33/2003/ND-CP applicable to labor discipline and financial responsibility.

d) Registering the collective labor agreements of enterprises in the industrial zone; this task shall be performed in accordance with the guidance in the following legal documents:

The Government's Decree No. 93/2002/ND-CP on November 11, 2002 amending and supplementing a number of articles of the Government's Decree No. 196/CP on December 31, 1994 detailing and guiding the implementation of a number of articles of the Labor Code applicable to collective labor agreements.

dd) Registering the salary scale system of enterprises in the industrial zone; this task shall be performed in accordance with the guidance in the following legal documents:

- The Government's Decree No. 114/2002/ND-CP on December 31, 2002 detailing and guiding the implementation of a number of articles of the Labor Code applicable to salaries.

- The Circular No. 12/2003/TT-BLDTBXH on May 30, 2003 of the Ministry of Labor, War Invalids and Social Affairs on guiding the implementation of a number of articles of the Government's Decree No. 114/2002/ND-CP on December 31, 2002 applicable to the salaries of employees working in State-owned enterprises.

- The Circular No. 13/2003/TT-BLDTBXH on May 30, 2003 of the Ministry of Labor, War Invalids and Social Affairs on guiding the implementation of a number of articles of  the Government's Decree No. 114/2002/ND-CP on December 31, 2002 applicable to the salaries of employees working in enterprises operated under the Law on Enterprise.

- The Circular No. 14/2003/TT-BLDTBXH on May 30, 2003 of the Ministry of Labor, War Invalids and Social Affairs on guiding the implementation of a number of articles of the Government's Decree No. 114/2002/ND-CP applicable to the salaries of employees working in foreign-capitalized enterprises, and in foreign, international agencies or organizations in Vietnam.

- The Circular No. 28/2007/TT-BLDTBXH on December 05, 2007 of the Ministry of Labor, War Invalids and Social Affairs amending the Circular No. 13/2003/TT-BLDTBXH and the Circular No. 14/2003/TT-BLDTBXH on May 30, 2003 of the Ministry of Labor, War Invalids and Social Affairs on guiding the implementation of a number of articles of the Government's Decree No. 114/2002/ND-CP applicable to the salaries.

e) Registering the plans for sending employees to internships overseas under 90 days of enterprises in the industrial zone; this task shall be performed in accordance with the guidance in the following legal documents:

- The Law on Vietnamese employees going to work overseas contractually in 2006.

- The Government's Decree No. 126/2007/ND-CP on August 01, 2007 detailing and guiding the implementation of a number of articles of the Law on Vietnamese employees going to work overseas contractually.

- The Circular No. 21/2007/TT-BLDTBXH on October 08, 2007 of the Ministry of Labor, War Invalids and Social Affairs on guiding the implementation of a number of articles of the Law on Vietnamese employees going to work overseas contractually, and the Government's Decree No. 126/2007/ND-CP on August 01, 2007 detailing and guiding the implementation of a number of articles of the Law on Vietnamese employees going to work overseas contractually.

f) Receiving reports on the conclusion, performance and termination of labor contracts of enterprises in the industrial zone; this task shall be performed in accordance with the guidance in the following legal documents:

- The Government's Decree No. 44/2003/ND-CP on May 09, 2003 detailing and guiding the implementation of a number of articles on labor contracts.

- The Circular No. 20/2003/TT-BLDTBXH on September 22, 2003 of the Ministry of Labor, War Invalids and Social Affairs on guiding the implementation of a number of articles of the Government's Decree No. 39/2003/ND-CP on April 18, 2003 detailing and guiding the implementation of a number of articles of the Labor Code applicable to employments.

- The Circular No. 21/2003/TT-BLDTBXH on September 22, 2003 of the Ministry of Labor, War Invalids and Social Affairs on guiding the implementation of a number of articles of the Government's Decree No. 44/2003/ND-CP on May 09, 2003 on labor contracts.

4. Responsibilities of agencies

a) Provincial People’s Committees are in charge of guiding, expediting, supervising and inspecting the delegation of the parties.

b) Apart from complying with Clause 3 of this Article, the Services of Labor, War Invalids and Social Affairs, Management boards of industrial zones shall also takes the following responsibilities:

- Services of Labor, War Invalids and Social Affairs shall cooperate with Management boards of industrial zones to efficiently perform the tasks in State management of labor in industrial zones.

- Every six (06) months and every year, Management boards of industrial zones shall send reports on the performance of the delegated tasks to Services of Labor, War Invalids and Social Affairs, then the Services of Labor, War Invalids and Social Affairs shall sum up and send reports to provincial People’s Committees and the Ministry of Labor, War Invalids and Social Affairs.

For industrial zones situated in multiple provinces, their Management boards must send the reports to the Services of Labor, War Invalids and Social Affairs of such provinces for supervising in cooperation.

- Management boards of industrial zones shall cooperate with the Presidents of the People’s Committees of communes to settle the collective labor disputes over the rights arising in the enterprises within their industrial zones

Article 5. Implementation provisions

1. This Circular takes effect after 45 days as from its signing.

The Decision No. 1414/1997/QD-BLDTB&XH on November 17, 1997 of Minister of Labor, War Invalids and Social Affairs on the delegation of some tasks in labor management to the Management boards of industrial zones, export processing zones, Hi-tech zones of central-affiliated cities and provinces is annulled

2. Within 30 days after the effective date of this Circular, the provincial People’s Committees must direct Services of Labor, War Invalids and Social Affairs to delegate Management boards of industrial zones as prescribed in Article 4 of this Circular.

3. The Management board of the industrial zone situated in multiple provinces shall be delegated in writing by the Service of Labor, War Invalids and Social Affairs in charge of the province where their head office is situated.

4. It is recommended to send feedbacks on the difficulties to the Ministry of Labor, War Invalids and Social Affairs for prompt guidance and supplement.

ANNEX

THE LETTER OF DELEGATION OF THE PROVINCIAL SERVICE OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS TO THE MANAGEMENT BOARD OF THE INDUSTRIAL ZONE, EXPORT PROCESSING ZONE, ECONOMIC ZONE, OR HI-TECH ZONE

(Promulgated together with the Circular No. 13/2009/TT-BLDTBXH on May 06, 2009 of the Ministry of Labor, War Invalids and Social Affairs)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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…….. (locality), date:

LETTER OF DELEGATION

of some tasks in the State management of labor in ………….

(specify the name of the industrial zone, export processing zone, economic zone, or hi-tech zone)

Pursuant to the Labor Code passed by the 9th National Assembly of the Socialist Republic of Vietnam in the 5th session on June 23, 1994; and the Laws on amending and supplementing a number of articles of the Labor Code on 2002, 2006, and 2007;

Pursuant to ………… (Specify the Government's Decree No. 99/2003/ND-CP on August 28, 2003 on the Regulation on Hi-tech zones, or the Government's Decree No. 29/2008/ND-CP on March 14, 2008 on industrial zones, export processing zones and economic zones);

Pursuant to the Circular No. 13/2003/TT-BLDTBXH on May 06, 2009 of the Ministry of Labor, War Invalids and Social Affairs on guiding the State management of labor in industrial zones, export processing zones, economic zones, and Hi-tech zones.

The Service of Labor, War Invalids and Social Affairs of ……………… (specify the central-affiliated city or province) delegates the Management board of ……. (specify the name of the Management board) to perform some tasks in the state management of labor in industrial zones, export processing zones, economic zones and hi-tech zones under the following contents:

Article 1. The delegated tasks

……. (specify the task as guided in Article 4 of this Circular)

Article 2. Responsibility to perform the delegated tasks

The Service of Labor, War Invalids and Social Affairs of ……………… (specify the central-affiliated city or province) is responsible for guiding, supervising and inspecting the performance of the tasks delegated to the Management board of …………  (specify the name of the industrial zone, export processing zone, or Hi-tech zone)

The Management board of …. (specify the name of the industrial zone, export processing zone, or Hi-tech zone) is responsible for performing the tasks stated in Article 1 in accordance with laws, and sending reports on the such performance every 6 months and every year to the Service of Labor, War Invalids and Social Affairs of ……….. (specify the name of the central-affiliated city or province where the delegation is made) and to the Services of Labor, War Invalids and Social Affairs of the provinces where the head office of the Management board of the industrial zone is situated.

Article 3. Delegation period (if any)

From ………… to …………

This Letter of delegation is effective during the period specified in Article 3 (if any), but shall be invalidated if the delegation is prohibited by laws.

This Letter of delegation is made on ………………………….