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Decree 53/2013/ND-CP providing the consultation by state management agencies

Decree 53/2013/ND-CP providing the consultation by state management agencies with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues

THE GOVERNMENT
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THE SOCIALIST REPUBLIC OFVIETNAM
Independence-Freedom-Happiness
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No. 53/2014/ND-CP

Hanoi, May 26, 2014

 

DECREE

PROVIDING THE CONSULTATION BY STATE MANAGEMENT AGENCIES WITH ORGANIZATIONS REPRESENTING EMPLOYEES AND EMPLOYERS IN THE FORMULATION OF LABOR POLICIES AND LAW AND INDUSTRIAL RELATION ISSUES

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 18, 2012 Labor Code;

At the proposal of the Minister of Labor, War Invalids and Social Affairs,

After reaching agreement with the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, the Vietnam Cooperative Alliance and the Vietnam Association of Small- and Medium- Sized Enterprises, the Government promulgates the Decree to provide the consultation by state management agencies with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues.

Article 1.Scope of application

This Decree provides principles, contents and forms of consultation by state management agencies with organizations representing employees and employers at the central level in the formulation of labor policies and law and industrial relation issues.

Article 2.Subjects of application

1. The state management agency provided in this Decree which is the Ministry of Labor, War Invalids and Social Affairs.

2. The Vietnam General Confederation of Labor.

3. The central-level organizations representing employers provided in this Decree which are the Vietnam Chamber of Commerce and Industry, the Vietnam Cooperative Alliance and the Vietnam Association of Small- and Medium- Sized Enterprises.

4. Agencies, organizations and individuals relating to the implementation of this Decree.

Article 3.Principles of consultation

The consultation of organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues must comply with law and respect the rights and legitimate interests of employees and employers.

Article 4.Contents of consultation

1. Labor policies and law concerning the rights and legitimate interests of employees and employers in the industrial relation.

2. Measures for prevention and settlement of labor disputes.

3. Reports on the implementation of the International Labor Organization’s conventions ratified by the Socialist Republic of Vietnam.

Article 5.Forms of consultation

1.Writtenconsultation.

2.Consultationthroughdraftingcommittees, editorialboards, steering committeesandresearch committees in which organizations representing employees andemployers participate.

3.Consultationatmeetings, seminars, forumsandconsultation conferences in which organizations representing employees and employers participate.

Article 6. Responsibility of state management agencies for consultation

1. To consult organizations representing employees and employers in the process of formulation of labor policies and law concerning the rights and legitimate interests of employees and employers in the industrial relation.

Past the time limit for consultation, state management agencies shall summarize opinions of the organizations representing employees and employers and related agencies and organizations, report on assimilation and explanation of opinions, and submit them to competent agencies for promulgation, or promulgate according to their competence such policies and law.

2. To consult organizations representing employees and employers in the process of formulation and implementation of programs on coordinated action in prevention and settlement of labor disputes; to assess the implementation of measures for prevention and settlement of labor disputes.

3. To consult organizations representing employees and employers in the elaboration of national reports at the request of the Government on the implementation of the International Labor Organization’s Convention ratified by the Socialist Republic of Vietnam relating to the rights and legitimate interests of employees and employers in the industrial relation.

4. To hold meetings, conferences, seminars, forums and consultation conferences on law policies and law and industrial relation issues, and summarize and report them under regulations.

5. To propose measures to maintain and develop the industrial relation, and send them to stakeholders, and report them to the Prime Minister.

Article7.Responsibilities of the Vietnam General Federation of Labor and central-level organizations representing employers to give opinions at the request of state management agencies

1. Tocollectand summarize opinions, andjoin state management agencies informulatinglaborpoliciesandlawrelatingtotherightsand legitimate interests of employees andemployers in the industrialrelation.

2. To coordinate with other agencies in implementing programs of actiononpreventionandsettlementoflabor disputes; toassess the implementation of measures to preventand settle labor disputes.

3.Toparticipateintheelaboration of nationalreports at the request of state managementagencies on the implementation of the InternationalLabor OrganizationsConventionratifiedby theSocialistRepublicofVietnam relatingtothe rightsand legitimate interests of employeesandemployers in the industrialrelation.

4.Tocoordinatewithother agencies inholdingandparticipatingin meetings, conferences, seminars, forums and consultation conferences on labor policies and lawand industrialrelation issues.

5.Tosummarizeandreportperiodically (biannually orannually) or unexpectedly ontheindustrialrelation,toproposemeasurestomaintainand developtheindustrialrelationwithinthescopeoftheirfunctions and tasks, andsubmitthem tostatemanagementagenciesforsummarizationand reporting tocompetentagencies.

Article 8. Effect

1. This Decree takes effect on July 15, 2014.

2. Decree No. 145/2004/ND-CP of July 14, 2004, detailing the Labor Code regarding the Vietnam General Confederation of Labor’s and employer representatives’ contribution of opinions to state agencies on labor polices and law and industrial relation issues, ceases to be effective from the effective date of this Decree.

Article 9.Implementation responsibilities

1. The Minister of Labor, War Invalids and Social Affairs shall guide the implementation of this Decree regarding consultation of the organizations representing employees and employers in localities after reaching agreement with the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, the Vietnam Cooperative Alliance and the Vietnam Association of Small- and Medium-Sized Enterprises.

2. The chairperson of the Vietnam General Federation of Labor shall guide and organize the implementation of this Decree among trade unions at all levels; the chairpersons of the Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance, and Vietnam Association of Small- and Medium-Sized Enterprises shall guide and organize the implementation of this Decree among member organizations and enterprise associations.

3. Ministers, heads of ministerial-level agencies, heads of government- attached agencies, and chairpersons of provincial-level agencies shall implement this Decree.-

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung