Circular No. 13/2009/TT-BLDTBXH guiding the implementation of state management tasks regarding labor in industrial zones, export processing zones, economic zones, and high-tech zones.

CIRCULAR

Guidelines for implementing state management tasks regarding labor in industrial zones, export processing zones, economic zones, and high-tech zones

industry, export processing zone, economic zone, and high-tech zone

_______________________

Pursuant to the Labor Code adopted by the National Assembly of the Socialist Republic of Vietnam at its fifth session of the ninth term on June 23, 1994; and the Laws amending and supplementing certain articles of the Labor Code in 2002, 2006, and 2007;

Pursuant to Decree No. 99/2003/ND-CP dated August 28, 2003, of the Government on the Regulation of High-Tech Zones;

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

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

The Ministry of Labor, Invalids, and Social Affairs issues guidelines for implementing state management tasks regarding labor in industrial zones, export processing zones, economic zones, and high-tech zones as follows:

Article 1. Scope of Regulation

These Circulars guide the implementation of state management tasks regarding labor in industrial zones, export processing zones, economic zones, and high-tech zones (hereinafter referred to as industrial zones).

Article 2. Applicability

This Circular applies to:

- People's Committees of provinces and centrally governed cities;

- People's Committees of districts, towns, cities under provinces;

- State agencies responsible for labor management in provinces, centrally governed cities (hereinafter referred to as Departments of Labor, Invalids, and Social Affairs);

- Management Boards of industrial zones, export processing zones, economic zones, and high-tech zones (hereinafter referred to as Management Boards of industrial zones);

- Enterprises, organizations, and individuals related to state management tasks regarding labor in industrial zones.

Article 3. State management of labor in industrial zones

1. Some main contents of state management of labor in industrial zones:

a) Understanding supply and demand, and fluctuations in supply and demand for labor in industrial zones as a basis for planning and building plans for the distribution and utilization of labor in industrial zones;

b) Statistics and information on: workers; living standards, income, housing of workers in industrial zones.

c) Having a firm grasp of information on employers and grassroots trade unions of each enterprise.

d) Promoting and disseminating laws and regulations on labor to workers and employers in industrial zones;

đ) Guiding the establishment of harmonious, stable, and progressive labor relations in enterprises;

e) Guiding enterprises and workers to properly apply legal provisions on: labor contracts; collective labor agreements; wages; labor discipline, material responsibility; occupational safety and health; working hours, rest periods; trade unions; labor disputes; social insurance; unemployment insurance.

f) Inspecting and supervising the enforcement of labor laws and social insurance laws and handling violations of labor laws;

g) Resolving labor disputes in accordance with the law.

2. Responsibilities for implementing state management of labor in industrial zones:

a) Provincial People's Committees, centrally governed city People's Committees implement state management of labor in industrial zones.

b) Departments of Labor, Invalids, and Social Affairs assist Provincial People's Committees, centrally governed city People's Committees in implementing state management of labor according to the delegation of the Ministry of Labor, Invalids, and Social Affairs.

c) Management Boards of industrial zones perform some state management tasks regarding labor in industrial zones according to the authorization of Departments of Labor, Invalids, and Social Affairs.

Article 4. Delegation to carry out certain state management tasks regarding labor in industrial zones

The delegation to carry out certain state management tasks regarding labor in industrial zones shall be guided as follows:

1. Principles of delegation

a) Ensuring the effectiveness of state management tasks regarding labor in industrial zones.

b) Creating favorable conditions for production and business activities of enterprises in industrial zones.

c) Based on the organizational structure of the Industrial Zone Management Board to unify the content of the delegation accordingly.

d) The Industrial Zone Management Board must directly perform the delegated tasks, and bear responsibility before the delegating authority and the law.

2. Form of delegation

Delegation must be made in writing according to the model prescribed in the Appendix attached to this Circular; and established in three (03) copies, each party keeps one (01) copy, one (01) copy sent to the People's Committee of the province or centrally governed city.

3. Content of delegation

Based on the actual situation of each locality and the organizational structure of the Industrial Zone Management Board, the parties exchange to agree on the delegation of all or some of the following work contents:

a) Issuing, reissuing, extending, and revoking work permits for foreigners working in industrial zones; the content of this work is carried out in accordance with the guidance provided in the following legal documents:

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

- Circular No. 08/2008/TT-BLDTBXH dated June 10, 2008 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of some provisions of Decree No. 34/2008/ND-CP dated March 25, 2008 of the Government on the recruitment and management of foreign workers working in Vietnam.

b) Issuing labor books for Vietnamese workers working in industrial zones; the content of this work is carried out in accordance with the guidance provided in the following legal documents:

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

- Circular No. 10/LĐTBXH-TT dated May 22, 1996 of the Ministry of Labor, Invalids, and Social Affairs guiding the supplementary issuance, management, and use of labor books.

c) Registering internal labor regulations of enterprises in industrial zones; the content of this work is carried out in accordance with the guidance provided in the following legal documents:

- Decree No. 41/CP dated July 6, 1995 of the Government detailing and guiding the implementation of some provisions of the Labor Code on labor discipline and material responsibility.

- Decree No. 33/2003/NĐ-CP dated April 2, 2003 of the Government amending and supplementing some provisions of Decree No. 41/CP dated July 6, 1995 of the Government detailing and guiding the implementation of some provisions of the Labor Code on labor discipline and material responsibility.

- Circular No. 19/2003/TT-BLDTBXH dated September 22, 2003 of the Ministry of Labor, Invalids, and Social Affairs guiding Decree No. 33/2003/NĐ-CP on labor discipline and material responsibility.

d) Registering collective labor agreements of enterprises in industrial zones; the content of this work is carried out in accordance with the guidance provided in the following legal documents:

Decree No. 93/2002/NĐ-CP dated November 11, 2002 of the Government amending and supplementing some provisions of Decree No. 196/CP dated December 31, 1994 of the Government detailing and guiding the implementation of some provisions of the Labor Code on collective labor agreements.

đ) Registering wage scales and pay grades of enterprises in industrial zones; the content of this work is carried out in accordance with the guidance provided in the following legal documents:

- Decree No. 114/2002/NĐ-CP dated December 31, 2002 of the Government detailing and guiding the implementation of some provisions of the Labor Code on wages.

- Circular No. 12/2003/TT-BLDTBXH dated May 30, 2003 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of some provisions of Decree No. 114/2002/NĐ-CP dated December 31, 2002 of the Government on wages for workers employed in state-owned enterprises.

- Circular No. 13/2003/TT-BLDTBXH dated May 30, 2003 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of some provisions of Decree No. 114/2002/NĐ-CP dated December 31, 2002 of the Government on wages for workers employed in enterprises operating under the Enterprise Law.

- Circular No. 14/2003/TT-BLDTBXH dated May 30, 2003 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of some provisions of Decree No. 114/2002/NĐ-CP on wages for workers employed in enterprises with foreign investment and foreign or international organizations in Vietnam.

- Circular No. 28/2007/TT-BLDTBXH dated December 5, 2007 of the Ministry of Labor, Invalids, and Social Affairs amending Circular No. 13/2003/TT-BLDTBXH and Circular No. 14/2003/TT-BLDTBXH dated May 30, 2003 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of some provisions of Decree No. 114/2002/NĐ-CP dated December 31, 2002 of the Government on wages.

e) Registering plans to send workers abroad for internships under ninety days for enterprises in industrial zones; the content of this work is carried out in accordance with the guidance provided in the following legal documents:

- The Law on Vietnamese Workers Going Abroad Under Contracts 2006.

- Decree No. 126/2007/NĐ-CP dated August 1, 2007 of the Government detailing and guiding one provision of the Law on Vietnamese Workers Going Abroad Under Contracts.

- Circular No. 21/2007/TT-BLDTBXH dated October 8, 2007 of the Ministry of Labor, Invalids, and Social Affairs guiding in detail some provisions of the Law on Vietnamese Workers Going Abroad Under Contracts and Decree No. 126/2007/NĐ-CP dated August 1, 2007 of the Government detailing and guiding some provisions of the Law on Vietnamese Workers Going Abroad Under Contracts.

f) Receiving reports on the signing, use, and termination of labor contracts of enterprises in industrial zones; the content of this work is carried out in accordance with the guidance provided in the following legal documents:

- Decree No. 44/2003/NĐ-CP dated May 9, 2003 of the Government detailing and guiding the implementation of some provisions on labor contracts.

- Circular No. 20/2003/TT-BLDTBXH dated September 22, 2003, of the Ministry of Labor - Invalids and Social Affairs guiding the implementation of certain articles of Decree No. 39/2003/NĐ-CP dated April 18, 2003, of the Government detailing and guiding the implementation of certain articles of the Labor Code on employment.

- Circular No. 21/2003/TT-BLDTBXH dated September 22, 2003, of the Ministry of Labor - Invalids and Social Affairs guiding the implementation of certain articles of Decree No. 44/2003/NĐ-CP dated May 9, 2003, of the Government on labor contracts.

4. Responsibilities of the agencies

a) The People's Committee of the province or centrally governed city shall be responsible for directing, urging, supervising, and inspecting the parties to fulfill the delegation.

b) The Department of Labor - Invalids and Social Affairs and the Industrial Park Management Board, in addition to performing according to the provisions of Clause 3 of this Article, shall also have the following responsibilities:

- The Department of Labor - Invalids and Social Affairs shall cooperate with the Industrial Park Management Board to effectively perform state management tasks related to labor in industrial parks.

- Every six (06) months and annually, the Industrial Park Management Board shall report on the fulfillment of delegated tasks to the Department of Labor - Invalids and Social Affairs so that the Department can compile and report to the People's Committee of the province or centrally governed city and the Ministry of Labor - Invalids and Social Affairs.

In case the industrial park is located across multiple provinces, the Industrial Park Management Board shall send copies of the reports to the Departments of Labor - Invalids and Social Affairs of those provinces for monitoring and coordination.

- The Industrial Park Management Board shall cooperate with the Chairman of the People's Committee of the district to resolve collective labor disputes concerning rights occurring in enterprises within the industrial park area.

Article 5. Implementation Provisions

1. This Circular shall take effect 45 days from the date of signature.

Abolish Decision No. 1414/1997/QĐ-BLĐTB&XH dated November 17, 1997, of the Minister of Labor - Invalids and Social Affairs regarding the delegation of certain labor management tasks to the Management Boards of industrial zones, export processing zones, and high-tech zones under provinces and centrally governed cities.

2. Within thirty (30) days from the date this Circular takes effect, the People's Committee of the province or centrally governed city shall direct the Department of Labor - Invalids and Social Affairs to delegate authority to the Industrial Park Management Board in accordance with Article 4 of this Circular.

3. In cases where the industrial park is located across multiple provinces, the Department of Labor - Invalids and Social Affairs where the Industrial Park Management Board has its headquarters shall issue a delegation document.

4. During the implementation process, if there are any difficulties, they should be reported to the Ministry of Labor - Invalids and Social Affairs for timely supplementary guidance./.