Joint Circular No. 04/2006/TTLT/BLDTBXH-TLĐLĐVN guiding the implementation of Clause 3, Article 1 of Decree No. 145/2004/NĐ-CP dated July 14, 2004 of the Government on the participation of representatives of workers and employers in opinions with state agencies at provincial level in labor relations.

CONSOLIDATED DOCUMENT JOINTLY ISSUED

GUIDELINES FOR IMPLEMENTATION OF CLAUSE 3, ARTICLE 1 OF DECREE NO. 145/2004/NĐ-CP DATED JULY 14, 2004

OF THE GOVERNMENT ON THE PARTICIPATION OF LABOR REPRESENTATIVES AND EMPLOYER REPRESENTATIVES IN THE OPINION FORMULATION PROCESS WITH PROVINCE-LEVEL STATE ADMINISTRATIVE AUTHORITIES IN LABOR RELATIONS

Pursuant to Clause 3, Article 1 of Decree No. 145/2004/NĐ-CP dated July 14, 2004 of the Government, after reaching consensus with the Vietnam Chamber of Commerce and Industry and the Vietnam Federation of Trade Unions, the Ministry of Labor - Invalids and Social Affairs and the General Confederation of Labor of Vietnam have issued guidelines on the participation of labor representatives and employer representatives in the opinion formulation process with state administrative authorities regarding labor policies and laws at provincial level.

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a) This Circular stipulates the contents, forms, and responsibilities of the Provincial Labor Confederations, employer representatives in participating in the opinion formulation process with state administrative authorities (hereinafter referred to as the parties) regarding policies, laws, and issues related to labor relations at provincial level (hereinafter referred to as provincial level).
I. GENERAL PROVISIONS

1. Scope and Objectives

b) The representatives of the parties at the provincial level include:

- State Administrative Authority: Department of Labor - Invalids and Social Affairs;

- Labor Representatives: Provincial Labor Confederation;

- Employer Representatives: Branches or Representative Offices of the Vietnam Chamber of Commerce and Industry and the Vietnam Federation of Trade Unions at the provincial level.

2. PRINCIPLES OF PARTICIPATING IN THE OPINION FORMULATION PROCESS

Participation in the opinion formulation process by the parties is based on the principles of cooperation, democracy, equality, objectivity, and respect for the opinions and interests of all parties, aiming to build healthy labor relations, ensure harmonious benefits for all parties, contribute to economic development, and social stability.

3. CONTENTS OF PARTICIPATING IN THE OPINION FORMULATION PROCESS

a) Policies and guidelines of the Party and State on labor;

b) Formulating labor policies and labor relations;

c) Implementing labor policies;

d) Measures to resolve labor disputes, strikes, and issues arising from labor disputes;

e) Other issues as required by competent state agencies and the parties in accordance with the law.

II. FORMS OF PARTICIPATING IN THE OPINION FORMULATION PROCESS AND RESPONSIBILITIES OF THE PARTIES

1. PARTICIPATING IN THE OPINION FORMULATION PROCESS THROUGH WRITTEN SUBMISSIONS

a) The Department of Labor - Invalids and Social Affairs shall take the lead in drafting and submitting for promulgation normative legal documents on labor and seek opinions from relevant parties in accordance with the Law on Enacting Normative Legal Documents of People's Councils and People's Committees before submitting them to the competent authority for promulgation.

b) The Labor Confederation, Branches or Representative Offices, or representatives of the Vietnam Chamber of Commerce and Industry, and the Vietnam Federation of Trade Unions at the provincial level shall collect opinions from their members and organizations on issues related to local labor policies in accordance with Point 3, Part I of this Circular to participate in the opinion formulation process with the Department of Labor - Invalids and Social Affairs and report back to their central-level organizations.

c) In cases where there are differing opinions, the party holding a different opinion has the right to retain its opinion, and the leading agency is responsible for reporting to the competent authority for promulgating the document to make a final decision.

2. MEETINGS OF THE PARTIES

Meetings are organized in two forms:

- Regular meetings.

- Ad hoc meetings.

a) Regular meetings

- Participants include representatives of the parties; additional representatives of relevant agencies and organizations may be invited when necessary.

- Held every six months, following the regular meetings at the central level.

- Topics include:

+ Developing annual coordination plans between the parties on labor issues;

+ Evaluating the results of implementing programs and plans already set out;

+ Proposing to state authorities issues within the scope defined in Point 3, Part I of this Circular.

b) Ad hoc meetings:

- Organized upon request of one of the parties or at the request of a competent authority to promptly address or discuss measures to resolve issues related to labor policies and laws or to protect the legitimate rights and interests of the parties in local labor relations.

- Ad hoc meetings must be held no later than three days after the organizing agency receives a request from one of the parties to convene such a meeting.

c) Results of regular and ad hoc meetings are reported by the Department of Labor - Invalids and Social Affairs to the Provincial People's Committee, the Ministry of Labor - Invalids and Social Affairs, and sent to the parties for implementation.

a) Taking the lead and coordinating to organize the collection of opinions from the parties on issues related to local labor policies in accordance with Point 3, Part I of this Circular or as requested by central-level competent authorities;
3. Responsibilities of the Provincial Department of Labor, Invalids, and Social Affairs

b) Drafting and implementing action coordination programs;

c) Organizing and chairing regular and ad hoc meetings;

d) Organizing and coordinating with the parties to implement labor laws and resolve issues arising in local labor relations;

đ) Taking the lead and coordinating with the parties to compile, evaluate the situation, and propose preventive and resolution measures for labor disputes and strikes in the area;

e) Participating in other activities of the parties concerning labor.

4. RESPONSIBILITIES OF THE PROVINCIAL LABOR CONFEDERATION.

a) Collecting opinions from members and organizations on issues related to local labor policies in accordance with Point 3, Part I of this Circular or as requested by central-level competent authorities;

b) Drafting and implementing action coordination programs;

c) Participating in regular and ad hoc meetings; reporting meeting outcomes to the Vietnam General Confederation of Labor;

d) Coordinating with the parties to implement labor laws and resolve issues arising in local labor relations;

đ) Evaluating the situation, proposing preventive and resolution measures for labor disputes and strikes in the locality;

RESPONSIBILITIES OF BRANCHES OR REPRESENTATIVE OFFICES OR REPRESENTATIVES OF THE VIETNAM CHAMBER OF COMMERCE AND INDUSTRY AND THE VIETNAM FEDERATION OF TRADE UNIONS AT THE PROVINCIAL LEVEL.

4. RESPONSIBILITIES OF THE PROVINCIAL LABOR CONFEDERATION.

5. a) Collecting opinions from members and organizations on issues related to local labor policies in accordance with Point 3, Part I of this Circular or as requested by central-level competent authorities;

a) Organize to solicit opinions from its members and organizations regarding issues related to local labor policies pursuant to Point 3, Part I of this Circular or as required by central competent authorities;

b) Draft the coordinated action program and implement the action program.

c) Attend regular and extraordinary meetings; report the meeting outcomes to the Vietnam Chamber of Commerce and Industry and the Vietnam Federation of Trade Unions;

đ) Evaluating the situation, proposing preventive and resolution measures for labor disputes and strikes in the locality;

d) Summarize and evaluate the situation, propose preventive and resolution measures for labor disputes and strikes at the local level;

g) Participate in labor-related activities organized by other parties.

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

2. The People's Committee of the province shall create conditions for the parties to effectively perform their representative functions as prescribed by law.

3. During implementation, if there are any difficulties, they should be promptly reported to the Ministry of Labor - Invalids and Social Affairs, the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, and the Vietnam Federation of Trade Unions for timely guidance and supplementation./.