Decree No. 145/2004/ND-CP detailing the implementation of the Labor Code regarding the participation of the Vietnam General Confederation of Labor and representatives of employers with state agencies on policies, laws, and issues related to labor relations.

DECREE OF THE GOVERNMENT

Regulations for the Implementation of the Labor Code

concerning the participation of the Vietnam General Confederation of Labor Male and representatives of employers in state agencies on policies,

laws and related issues to labor relations

Căn cứ Bộ luật Lao động ngày 23 tháng 6 năm 1994; Luật sửa đổi, bổ sung một số điều của Bộ luật ngày 02 tháng 4 năm 2002;

_____________________________

THE GOVERNMENT

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

1. These Decrees stipulate the content, form, and responsibilities of state agencies seeking opinions from the Vietnam General Confederation of Labor and representatives of employers regarding issues related to the rights and obligations directly affecting workers and employers under the Labor Code; and on participating in and reporting on the implementation of International Labor Organization (ILO) Conventions.

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

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

2. The representatives of employers referred to in these Decrees are the Vietnam Chamber of Commerce and Industry and the Vietnam Union of Science and Technology Associations.

3. The participation of worker representatives and employer representatives in providing opinions to state agencies at local levels shall be carried out according to the guidelines of the Ministry of Labor, Invalids and Social Affairs, the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, and the Vietnam Union of Science and Technology Associations (hereinafter referred to as "the parties").

Article 2. Principles of Opinion Participation

The participation of opinions of the parties is based on the principles of cooperation, democracy, equality, objectivity, and respect for the opinions and interests of each party, aiming to ensure harmony of interests among the parties and promote healthy labor relations, contributing to sustainable economic development of the country.

Article 3. Content of Opinion Participation

The content of opinion participation includes:

1. Party and State policies on labor;

2. Amendments and supplements to labor-related systems and policies as prescribed by the Labor Code;

3. Administrative reform in labor management;

4. Proposing measures to resolve strikes involving many workers;

5. Participating in and reporting on the implementation of International Labor Organization Conventions;

6. Other issues as required by the Government and the parties in accordance with the law.

FORMS OF OPINION PARTICIPATION AND RESPONSIBILITIES OF THE PARTIES

Chapter II

Article 4. Forms of Opinion Participation

Forms of opinion participation include:

1. Providing opinions in writing;

2. Organizing meetings of the parties.

Article 5. Providing Opinions in Writing

1. The Ministry of Labor, Invalids and Social Affairs, as the main drafting agency, must seek opinions from the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, and the Vietnam Union of Science and Technology Associations in accordance with the Law on Issuing Legal Normative Documents.

2. The Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, and the Vietnam Union of Science and Technology Associations have the responsibility to decide independently on the forms of organizing and collecting opinions from their member organizations to reflect to the drafting agency.

3. The drafting agency of legal normative documents on labor has the responsibility to incorporate the opinions of the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, and the Vietnam Union of Science and Technology Associations, perfect the draft, and submit it to the competent authority for issuance in accordance with the Law on Issuing Legal Normative Documents.

In cases where there are differing opinions among the parties on the draft document, the drafting agency must provide clear explanations; the party with a different opinion has the right to reserve its position and report to the competent authority issuing the document for a final decision.

In case there are differing opinions among the parties regarding the draft document, the drafting agency must provide a clear explanation; the party with a different opinion has the right to reserve its position and report to the competent authority issuing the document for a final decision.

Article 6. Meeting of Parties

1. The meeting shall be organized in two forms:

Regular meeting;

Ad hoc meeting.

The meeting shall include representatives of the parties; when necessary, representatives of other relevant agencies and organizations may be invited.

2. The regular meeting shall be held once every six months for the purpose of:

a) Building the annual cooperation program and plan between the parties;

b) Reviewing the implementation of the programs and plans that have been established;

c) Proposing to state agencies issues related to the contents stipulated in Article 3 of this Decree.

3. The ad hoc meeting shall be convened upon the request of at least one party or at the request of a competent state agency or in cases involving urgent matters related to labor policies, laws or the resolution of rights and interests of the parties in labor relations.

4. The results of the meeting must be reported to the Prime Minister and sent to the parties for implementation.

Article 7. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

The Ministry of Labor, Invalids and Social Affairs is responsible for:

1. To take the lead in building labor policies and laws and seek opinions from the relevant parties before submitting them for promulgation or promulgating them within its authority;

2. To propose action programs, recommendations, and measures to resolve issues;

3. To organize and chair regular and ad hoc meetings; to compile and report the results of the meetings to the relevant parties;

4. To organize and implement the action program;

5. To direct provincial Departments of Labor, Invalids and Social Affairs to cooperate and work with provincial Trade Union Federations and Business Associations in implementing labor laws and resolving issues arising in labor relations at enterprises;

6. To compile and report the results of the meetings, the implementation of the program, and proposals for maintaining and developing healthy labor relations to the relevant parties and to the Prime Minister;

7. To ensure funding for organizing meetings from the state budget.

Article 8. Responsibilities for Coordination of the General Confederation of Labor of Vietnam Male

1. To coordinate and organize the collection of opinions on labor policies and laws and issues related to labor relations as stipulated in Article 3 of this Decree;

2. To coordinate and cooperate with the relevant parties in the process of implementing labor policies and laws and resolving issues related to labor relations;

3. To direct trade unions at all levels to monitor the implementation of labor laws and to cooperate with the relevant parties in resolving issues arising in labor relations at enterprises in their locality and to compile and report the situation of labor relations to higher authorities;

4. To prepare the action program and plan of the General Confederation of Labor of Vietnam for discussion at the meeting of parties and to participate in such meetings in accordance with this Decree;

5. To reserve the right to express opinions and to report to the Prime Minister.

Article 9. Responsibilities for Coordination of the Vietnam Chamber of Commerce and Industry and the Vietnam Federation of Trade Unions Male

1. To coordinate and cooperate with the relevant parties in the process of implementing labor policies and laws and resolving issues related to labor relations;

2. To coordinate and organize the collection of opinions on labor policies and laws and issues related to labor relations as stipulated in Article 3 of this Decree;

3. To direct business associations and member organizations in their localities to cooperate with the relevant parties in implementing labor laws and resolving issues arising in labor relations at enterprises; to compile and report the situation of labor relations according to their organizational system (Vietnam Chamber of Commerce and Industry or Vietnam Federation of Trade Unions);

4. To prepare the action program and plan of their organization for discussion at the meeting of parties and to participate in such meetings in accordance with this Decree;

5. To reserve the right to express opinions and to report to the Prime Minister for consideration.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 11. Implementation Organization

1. The Ministry of Labor, Invalids and Social Affairs shall coordinate with the General Confederation of Labor of Vietnam, the Vietnam Chamber of Commerce and Industry, and the Vietnam Federation of Trade Unions to implement this Decree.

2. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of Provincial People's Committees are responsible for enforcing this Decree./.