Circular No. 12/LDTT on Strengthening and Enhancing Labor Discipline in State Enterprises and Agencies

CIRCULAR

OF THE MINISTRY OF LABOUR NUMBER 12/LD-TT ON 28 MAY 1977
REGARDING STRENGTHENING AND ENFORCING LABOUR DISCIPLINE
IN ENTERPRISES AND STATE ORGANIZATIONS

At present, in many enterprises and state organizations, labour discipline is not clearly enforced and remains disorganized. Some current policies and systems related to labour discipline are no longer appropriate, hindering the reinforcement and strengthening of labour discipline.

To enhance labour discipline, to strictly implement the Resolution of the Fourth Party Congress, and to enforce Resolution No. 19-CP dated January 29, 1976 of the Council of Ministers;

To elevate the position of workers and to emphasize the responsibility of heads of units;

Pursuant to Article 16 of the Labour Discipline Regulations issued together with Decree No. 195-CP dated December 31, 1964 of the Council of Ministers, which assigns the Minister of Labour the responsibility to issue internal regulations on labour discipline in enterprises and organizations, detailing and guiding the implementation of the Regulations.

After reaching consensus with the Government's Organizational Department, the Vietnam General Confederation of Labour, and relevant sectors, the Ministry of Labour provides guidance and additional provisions.

I- STRICT IMPLEMENTATION OF CURRENT LEGISLATIVE TEXTS ON LABOUR DISCIPLINE SYSTEMS AS FOLLOWS:

1- Decree No. 195-CP dated December 31, 1964 of the Council of Ministers promulgating the Labour Discipline Regulations for State Enterprises and Organizations and Circular No. 13-TT/LB dated August 30, 1966 of the Ministry of Labour - Civil Service providing guidance.

2- Decision No. 119-CP dated July 19, 1969 of the Council of Ministers on certain measures to ensure working hours for workers and officials, and Circular No. 11-LD-TT dated June 22, 1969 of the Ministry of Labour providing guidance.

3- Decree No. 49-CP dated April 9, 1968 of the Council of Ministers establishing the material responsibility system for workers and officials towards state property and Circular No. 128-TT/LB dated July 21, 1968 of the Ministry of Finance - Labour - Vietnam General Confederation of Labour providing guidance.

II- ADDITIONAL PROVISIONS

1- Cadres, workers, and officials must fully perform their labour obligations as stipulated in Article 1 of the Labour Discipline Regulations; "Implement work quotas accurately, complete production plans and work programs with the best quality." This must be clearly stated in the internal regulations on labour discipline of production teams and work units. Those who have shortcomings must also be recorded in the "work monitoring book" of the person in charge as a basis for considering promotion, awards, etc. From now on, all levels of responsible persons must maintain a work monitoring book for cadres and workers directly under their command.

2- Persons committing the following violations will be subject to criticism, reprimand, warning, or other more severe disciplinary actions depending on the severity:

- Refusing assignments and tasks, failing to execute directives from direct supervisors and superiors.

- Violating safety and technical regulations after training.

- Being irresponsible causing loss and waste of assets and labour, disrupting factory and office order, hindering production and work...

3- All state workers, including those in administrative and public service sectors, who voluntarily leave their jobs without permission or refuse assigned tasks shall not receive wages for the days they are absent. Additionally, depending on the severity of the fault, the offender may face further disciplinary actions as prescribed in the Labour Discipline Regulations.

Those who have been reprimanded or warned for unauthorized absence and still repeat such behaviour shall be dismissed.

In cases where unauthorized absence severely affects production chains, state assets, or the lives of workers and citizens, in addition to dismissal, offenders may also be prosecuted under the law.

4- The director of an enterprise or head of an organization has the authority to impose disciplinary actions on workers and officials within their enterprise or organization according to the state's hierarchical management system for workers and officials, after consulting the Disciplinary Board (Article 10 of the Labour Discipline Regulations and point two, Section IV of Circular No. 13-TT/LB dated August 30, 1966 of the Ministry of Labour - Civil Service). For joint enterprises and enterprises with over 1000 workers, the director may delegate the foreman to impose disciplinary actions up to a warning level, but must first seek the full opinion of the Factory Union Executive Committee before making a decision.

The time to process disciplinary actions shall not exceed one month from the date of discovery of the mistake. In complex cases, it may be extended to three months.

If disciplinary action is wrongly imposed on subordinates, the responsible person will also face disciplinary actions as prescribed in the Regulations. In cases of intentional wrongful imposition of disciplinary action that is not corrected upon discovery, the competent authority may prosecute them under the law.

5- The Disciplinary Board at the grassroots level can only be convened to seek opinions when the enterprise director or organizational head deems it necessary to impose disciplinary actions leading to demotion, reduction in rank, transfer to another job, or dismissal. The composition of the Disciplinary Board must comply with the provisions of Article 9 of the Labour Discipline Regulations and should not be expanded to avoid wasting time and affecting production.

6- Workers and officials who are dismissed are entitled to receive back their labour records, household registration books, and other necessary documents.

Workers and officials dismissed from one place may still be accepted for employment elsewhere if they meet the recruitment criteria. The period of service prior to dismissal is not considered continuous service.

7- Workers and officials who have been disciplined with dismissal or demotion (reduction in pay grade) and whose case is reviewed by the competent authority, finding that although they committed errors, they did not require dismissal or demotion, may have their disciplinary measures adjusted, be reinstated to work, or restored to their original pay grade. The period before being disciplined is counted as continuous service.

If the subject is found to be wrongfully processed (innocent), the enterprise or agency must rehire them and compensate for losses at 100% of their rank salary, regional allowance, and child subsidy (if applicable) or compensate for the wage difference during the period of wrongful processing.

8- The resolution of disciplinary labor complaints shall not exceed three months from the date of receipt of the complaint.

9- Those sentenced to suspended imprisonment who have committed crimes shall not be compensated for damages. Depending on the nature of the violation and work requirements, they may still be assigned suitable jobs without being forced to resign.

10- Workers and officials who are caught committing offenses such as embezzlement, robbery, theft, assault, etc., with clear evidence of crime and admission by the subject, if arrested and detained pending trial, will not receive wages and other benefits (except union allowances) from the time of detention.

In other cases, if arrested and detained pending trial, from the time of arrest and detention, they will receive fifty percent of their salary (including basic salary and regional allowance, and full child subsidy if applicable). For single individuals not supporting anyone, no payment will be made. Upon trial, if acquitted (due to wrongful accusation or innocence), all rights will be restored, public apology given, and back pay for the detention period will be provided. If the trial results in acquittal, non-prosecution, or non-indictment but the subject remains guilty (criminally liable but exempted from criminal responsibility), then based on the nature of the violation, the enterprise or agency may retain the subject in their previous position or assign new work. Detention time will not result in back pay.

Those caught committing offenses or clearly proven crimes, if detained, and upon review deemed unsuitable for employment as workers or officials, the enterprise or agency will proceed with termination procedures without waiting for court decisions.

The payment of fifty percent of the salary during detention and compensation mentioned above shall be temporarily covered by the enterprise or agency where the worker or official is employed, while the funding source will be resolved by the Ministry of Finance.

III- IMPLEMENTATION PROVISIONS AND ORGANIZATION OF ENFORCEMENT

1- This Circular abolishes Circular 18-TT-LB dated October 6, 1959 of the Ministry of Labor and Interior Affairs, Circular No. 2-TT/LB dated March 14, 1968 of the Ministry of Labor and Interior Affairs, Circular No. 11-TT/LB dated July 14, 1970 of the Ministry of Labor, and Circular No. 955-LĐ/PC dated September 8, 1973 of the Ministry of Labor; and amends Point 1 of Section IV regarding the Disciplinary Council in Circular No. 13-TT/LB dated August 30, 1966.

2- All enterprises and agencies must disseminate the Labor Discipline Regulations and guiding circulars on labor discipline to all cadres, workers, and officials.

3- Based on the model rules issued with this circular, promptly establish and enforce labor discipline rules and post them in necessary locations within enterprises and agencies.

4- Timely commend and reward those who strictly adhere to labor discipline, and handle severely those who violate it.

5- Continuously promote education on strengthening and enhancing labor discipline through newspapers, radio, bulletin boards, and notice boards in enterprises and agencies.

Issued together with Circular 12-LĐ/TT of the Ministry of Labor dated May 28, 1977

All cadres, workers, and officials working in enterprises have the obligation to strictly comply with labor discipline:

1- Recognize their responsibilities, strive to compete and fulfill their tasks in production and work.

2- Find every means to complete labor quotas, achieve production plans and programs, and ensure the best quality of products (as defined by the State).

3- Arrive at the workplace and enter and exit according to schedule. Utilize all working hours in production and work. Do not engage in personal activities during working hours and do not obstruct the work of others.

4- When arriving at the workplace and after work, workers and officials must prove their presence at the workplace as stipulated by the enterprise or agency (such as signing attendance cards, recording work, etc.).

5- In continuous shift work, workers and officials are prohibited from leaving equipment or work sites before relief personnel arrive. In case of ending work hours and relief personnel have not arrived, workers and officials must report to the supervisor to designate replacement personnel.

6- During working hours, private visitors are not allowed, and workers cannot leave the enterprise. Special circumstances requiring permission must be approved by the direct supervisor and follow the procedures set by the enterprise. Unauthorized absences are not permitted.

7- Strictly and timely execute tasks assigned by superiors. Report difficulties and obstacles in a timely manner.

8- Fully comply with industrial processes, technical production standards, safety regulations, fire prevention rules, and maintain order and cleanliness at the workplace.

9- Protect secrets, safeguard public property, protect machinery, and use tools, materials, and labor protection equipment economically as provided by the enterprise.

10- Strive to improve political, cultural, vocational, and technical skills.

11- For staff serving production and living needs, the goal is to boost production and assist management in making accurate production decisions and managing living conditions, while implementing these decisions fully.

12- Staff serving production must have a work program. They must execute tasks assigned by management within the specified timeframe. Report difficulties in a timely manner.

13- Take production teams as daily service units and experimental grounds for improving vocational skills and management capabilities. Coordinate closely to avoid hindering each other. Eliminate unnecessary paperwork and procedures that waste production and work time.

14- Each department at the base must maintain a work log and record daily work hours. Evaluate performance based on professional criteria and periods.

In order to ensure that workers and officials have the necessary conditions to strictly adhere to labor discipline, leaders of enterprises must set a good example by complying with the aforementioned regulations.

15- Organize labor for workers and officials reasonably to fully utilize their professional capabilities.

16- When assigning tasks, clearly and fully specify the content and duties, ensuring sufficient tools, materials, and replacement parts, thereby creating favorable conditions for workers to continuously work and perform their duties.

17- Create all necessary conditions to increase labor productivity, fully comply with enterprise management systems, labor and wage regulations, promote competitive activities, widely disseminate and guide the application of advanced experiences and worker initiatives, apply new technical standards and production processes, and mechanize arduous tasks.

18- Guide workers and officials to understand production technology procedures, technical norms, and safety and hygiene regulations within their scope of work, and provide personal protective equipment to prevent workplace accidents and occupational diseases.

19- Provide means to check workers' and officials' attendance and departure times. Clocks must be accurate at these check-in points. Shift supervisors, department heads, and production team leaders must daily verify the statistics on workers' and officials' attendance and departure.

20- During working hours, no meetings shall be convened for discussions or social activities (except those permitted by regulations), nor shall workers and officials be mobilized to perform tasks outside their regular duties (except in cases of special orders).

21- Distribute wages according to the prescribed deadlines, implement measures to improve material and cultural living conditions for workers and officials, and pay attention to addressing legitimate requests and aspirations of all individuals.

22- Organize political, cultural, vocational, and specialized training for workers and officials.

23- Respect and promote collective ownership rights, regularly educate workers and officials to enhance their awareness of protecting public property, practicing thrift, maintaining revolutionary vigilance, and safeguarding state secrets.

24- Leaders as well as workers and officials who achieve outstanding results in adhering to labor discipline will be rewarded according to the general reward system established by the State.

Those who violate labor discipline will be subject to disciplinary actions as stipulated in the Labor Discipline Statutes and this Directive.

Any person violating labor discipline shall be subject to disciplinary measures as prescribed in the Articles on Labor Discipline and this guiding Circular.