Decision No. 1414/1997/QD-BLDTB on delegating certain labor management tasks to Industrial Zone Management Boards under provinces and centrally governed cities.

Pursuant to …;

Regarding the delegation of certain labor management tasks to Industrial Park Management Boards, Export Processing Zone Management Boards, and High-Tech Zone Management Boards under centrally governed cities and provinces

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to Decree No. 15/CP dated August 2, 1993 of the Government stipulating the tasks, powers, and responsibilities for state management of Ministries and agencies at the ministerial level.

Pursuant to Decree No. 96/CP dated December 7, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decree No. 36/CP dated April 24, 1997 of the Government on the issuance of the Regulations on Industrial Parks, Export Processing Zones, and High-Tech Zones;

Implementing Directive No. 264/TTg dated April 24, 1997 of the Prime Minister on the issuance of guiding documents and implementation of certain tasks related to the Regulations on Industrial Parks, Export Processing Zones, and High-Tech Zones;

At the proposal of the Director of the Cadre and Civil Service Department and Training Department, and the Director of the General Department and Legal Department,

Pursuant to …;

Article 1: Delegating to Industrial Park Management Boards, Export Processing Zone Management Boards, and High-Tech Zone Management Boards (hereinafter referred to collectively as Industrial Park Management Boards) under centrally governed cities and provinces to perform certain labor management tasks within enterprises under their jurisdiction as follows:

1. Monitoring, inspecting, and urging the implementation of labor policies and regulations for workers such as wages, bonuses, social insurance, working hours, rest periods, compensation for work-related accidents, in accordance with labor laws.

2. Guiding enterprises to conclude Labor Contracts, establish internal labor regulations, and sign collective labor agreements (if applicable) in compliance with the law; guiding and accepting applications for labor books for workers in enterprises and transferring them to the Department of Labor, Invalids and Social Affairs for issuance.

3. Guiding, inspecting, and urging enterprises to comply with legal provisions on occupational safety and health, environmental protection measures, and labor protection systems such as providing personal protective equipment, material allowances, and labor protection for workers in enterprises.

- Statistics and report on work-related accidents occurring in enterprises under their jurisdiction;

- Accepting applications for registration and issuance of permits for the use of machinery, equipment, materials, and substances with strict requirements for occupational safety and transferring them to the State Inspectorate for Occupational Safety and Health under the Ministry of Labor, Invalids and Social Affairs for consideration and issuance of permits.

4. Guiding enterprises to establish grassroots Conciliation Councils in accordance with the Labor Code and Circular No. 10/LDTBXH-TT dated March 25, 1997 of the Ministry of Labor, Invalids and Social Affairs; appointing conciliators to mediate labor disputes in areas without Conciliation Councils.

- When collective labor disputes or strikes occur in enterprises, Industrial Park Management Boards shall guide the parties involved to follow the prescribed procedures and promptly report to the Department of Labor, Invalids and Social Affairs and the Ministry of Labor, Invalids and Social Affairs for coordination in resolving the disputes.

5. Issuing work permits for foreign workers staying for less than three months; accepting applications for work permits for foreign workers staying for three months or more in enterprises and transferring them to the Ministry of Labor, Invalids and Social Affairs for consideration and issuance of work permits.

6. Industrial Park Management Boards are responsible for understanding the labor recruitment needs of enterprises within industrial parks; guiding enterprises to recruit labor in accordance with Decree No. 72/CP dated October 31, 1995 detailing and guiding the implementation of certain provisions of the Labor Code regarding employment.

7. Monitoring and periodically reporting every six months and annually, as well as ad hoc reports on the management and utilization of labor in industrial parks to the Department of Labor, Invalids and Social Affairs and the Ministry of Labor, Invalids and Social Affairs.

Article 2:

1. Accepting, reviewing, and issuing decisions to register collective labor agreements and approving internal labor regulations of enterprises within industrial parks according to the delegation from the Director of the Department of Labor, Invalids and Social Affairs of the province or city.

2. Within fifteen days from the date this Decision takes effect, the Directors of the Departments of Labor, Invalids and Social Affairs where there are Industrial Park Management Boards must issue authorization documents in accordance with Clause 1 of this Article.

3. For industrial parks located across multiple provinces, the Department of Labor, Invalids and Social Affairs where the main office of the Industrial Park Management Board is located shall issue authorization documents in accordance with Article 2 of this Decision.

Article 3: Industrial Park Management Boards are responsible for coordinating with state management agencies on labor matters in inspecting and auditing labor law provisions, investigating work-related accidents occurring in enterprises when requested.

Article 4: The People's Committees of centrally governed cities and provinces shall direct the coordination between the Departments of Labor, Invalids and Social Affairs and Industrial Park Management Boards in implementing this Decision.

Article 5: This Decision shall take effect fifteen days from the date of signing. Any previous documents that conflict with this Decision shall be abolished.

Article 6: Heads of units, Directors of the Departments of Labor, Invalids and Social Affairs, and Industrial Park Management Boards, Export Processing Zone Management Boards, and High-Tech Zone Management Boards of centrally governed cities and provinces are responsible for implementing this Decision.