Circular No. 15/2015/TT-BLDTBXH guides the supervision of the implementation of recruitment, labor use, salary, remuneration, bonuses, and other systems for workers and managerial staff in state-owned economic groups and corporations with over 50% of charter capital.

 

CIRCULAR

Guidelines for supervising the implementation of recruitment policies,

labor use,wages, remuneration, bonuses, and other benefits for

workersand managerial staff in state-owned economic groups and corporations

where the state holds more than 50% of the charter capital

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to the Government Decree No. 69/2014/NĐ-CP dated July 15, 2014 on state-owned economic groups and state-owned corporations;

At the proposal of the Director of the Department of Labor and Wages;

The Minister of Labor, Invalids and Social Affairs issues this Circular to guide the supervision of the implementation of recruitment policies, labor use, wages, remuneration, bonuses, and other benefits for workers and managerial staff in state-owned economic groups and corporations as stipulated in Decree No. 69/2014/NĐ-CP dated July 15, 2014 of the Government on state-owned economic groups and corporations, including:

Article 1. Scope of Regulation

1. The parent company of the state-owned economic group or corporation operating under the form of a limited liability company with a single member owned by the state (hereinafter referred to as the parent company of the economic group or state-owned corporation).

2. The parent company of the state-owned economic group or corporation operating under the form of a joint-stock company or a limited liability company with two or more members, having controlling shares or capital contributions from the state (hereinafter referred to as the parent company of the economic group or state-controlled corporation).

3. Companies owned or having controlling shares or capital contributions by the parent company of the state-owned economic group or corporation or the parent company of the state-controlled economic group or corporation.

The combination of the entities mentioned in Clause 1 or Clause 2 and those in Clause 3 of this Article, hereinafter referred to as the economic group or corporation.

1. Workers under employment contracts and managerial staff; state capital representatives in the parent companies of state-controlled economic groups or corporations.

Article 2. Applicability

2. Sector management ministries, provincial People's Committees authorized to exercise the rights, responsibilities, and obligations of state ownership at state-owned economic group or corporation parent companies (hereinafter collectively referred to as the owner).

3. Sector management ministries, provincial People's Committees, State Capital Investment Corporation authorized to exercise the rights, responsibilities, and obligations of shareholders or contributors at state-controlled economic group or corporation parent companies (hereinafter collectively referred to as the owner representative).

4. Ministries, organizations, and individuals related to the supervision of the implementation of recruitment policies, wages, remuneration, bonuses, and other benefits as prescribed in this Circular.

Article 3. Methods of Supervision

1. Supervision through periodic or spot inspections conducted by the Ministry of Labor, Invalids and Social Affairs, the owner, or the owner representative regarding the economic group or corporation.

2. Supervision through periodic or spot reports submitted by the owner, the owner representative, state capital representatives, and the economic group or corporation.

3. Supervision through audit reports, assessment reports, and recommendations from ministries, sectors, localities concerning matters related to labor, wages, bonuses, and other benefits for workers and managerial staff within the economic group or corporation.

3. Supervise through audit reports, evaluation reports, and recommendations from ministries, sectors, and localities regarding contents related to labor, wages, bonuses, and other benefits for employees and managerial officials at corporations and holding companies.

Article 4. Main contents of supervision

Supervision of the annual plan construction and implementation of corporations and state-owned joint-stock companies according to the following main contents:

1. Labor norms; recruitment and utilization of labor.

2. Wages, remuneration, and bonuses for workers, managerial staff, and state capital representatives.

3. Establishment and implementation of labor regulations, internal rules, collective labor agreements, and grassroots democracy systems.

4. Implementation of other systems for workers.

Article 5. Preparation of supervision reports

Based on the supervision contents stipulated in Article 4 of this Circular, the parent corporation or state-owned joint-stock company; subsidiaries owned by the parent corporation or state-owned joint-stock company; state capital representatives request the parent corporation or state-owned joint-stock company to control; state capital representatives of corporations and joint-stock companies request subsidiaries held by the parent corporation to prepare supervision reports based on evaluating and analyzing the following contents:

1. Labor norms, including: the implementation of labor norm construction (for new labor norms); review, evaluation, modification, adjustment, and supplementation of labor norms; assessment of the implementation situation of the labor norm system.

2. Recruitment and utilization of labor, including: the establishment of labor utilization plans linked to production and business plans; recruitment of labor, quality of recruited labor compared to requirements; job assignment; labor turnover; training and retraining; handling of worker unemployment benefits, job loss, or resignation; responsibility for recruiting and utilizing labor not in accordance with plans.

3. Wages and bonuses for workers, including: wage scale, bonus system; wage classification and promotion; construction of planned wage fund; advance payment of wages; determination and approval of actual wage funds linked to production and business targets; distribution of wages, bonuses, and welfare; publicizing workers' wages, remuneration, and bonuses according to state regulations.

4. Wages, remuneration, and bonuses for managerial staff and state capital representatives, including: wage classification and promotion situation; construction of planned wage and remuneration funds; determination and approval of actual wage and remuneration funds linked to production and business targets; advance payment, distribution of wages, remuneration, and bonuses; the transfer of supervisory board members' and state capital representatives' wages, remuneration, and bonuses; publicizing managerial staff's wages, remuneration, and bonuses according to state regulations.

5. Establishment and implementation of regulations, internal rules, collective labor agreements, including: implementation and anticipated adjustments, modifications, and supplements (if any) of regulations on labor recruitment, utilization, training, wage promotion, payment, remuneration, and bonuses; grassroots democracy systems, labor internal rules, collective labor agreements, and other provisions for workers.

6. Other systems for workers, including: implementation of social insurance, health insurance, unemployment insurance systems; labor discipline and material responsibility; labor safety and hygiene, meal allowance, and hazardous substance allowances.

Article 6. Requirements for supervision and inspection

1. Annually, the parent company - group, state corporation; subsidiaries owned by the parent company - group, state corporation or the parent company - group, state corporation with controlling interest; the state capital representative requests the parent company - group, state corporation with controlling interest to prepare a supervisory report according to the time specified in Article 8 of this Circular or prepares a report, explanation, and arranges personnel to work (for supervision through inspection) upon receiving a request from the supervisory authority in accordance with the content, time, and is responsible for the content and figures provided in the supervisory report.

2. The supervisory authority under Article 7 of this Circular must provide comments on the contents reported by the group and corporation within 15 days from the date of receipt of all reports, explanations, and clarifications.

3. When the supervisory authority receives a request from the auditing agency or a ministry, sector, or locality regarding related matters, it must issue a written response to these agencies within 30 days.

4. Post-supervision and inspection handling

a) After reviewing and inspecting, if the group and corporation comply with the regulations of the state, the supervisory authority issues a notification for the group and corporation to be aware and continue implementation.

b) If the group and corporation have not fully complied with the state's regulations, the supervisory authority issues a written request for the group and corporation to fully implement the state's regulations. The document must clearly specify the requirements and deadlines.

c) If the group and corporation have violated the state's regulations, the supervisory authority issues a written request for the group and corporation to immediately revoke and amend or supplement the non-compliant contents and take measures to mitigate the consequences of non-compliance. At the same time, it must notify the violation and make recommendations to relevant authorities for appropriate disciplinary actions or propose the investigation and prosecution before the law at the level of the severity of the violation against the heads and those who formulated, issued, and implemented the non-compliant regulations of the state.

Article 7. Responsibilities of the supervisory authority

1. For the Ministry of Labor, Invalids and Social Affairs

a) Lead and coordinate with the owner to periodically supervise and inspect the parent company - group, state corporation ranked as special, and the parent company - state corporation applying special ranking and salary grading according to the special corporation rank;

b) Through the report of the parent company mentioned in point a, Clause 1 of this Article to supervise and inspect the subsidiaries of the group and corporation;

c) Depending on the supervision requirements, plan periodic or spot inspections of the implementation of the group and corporation and request the owner or the owner's representative to cooperate in implementing or require the economic group, corporation, and the owner or the owner's representative to submit additional reports according to specific contents;

d) Coordinate with relevant agencies to supervise the rectification of consequences after supervision by the group and corporation;

đ) Annually before June 30, compile, analyze, evaluate, and generally supervise the parent company - group, state corporation, the parent company - group, state corporation controlled by the state, and the subsidiaries of the group and corporation; recommend to the Government to amend and supplement labor policies, salaries, and other policies for workers and management officials, as well as solutions to address non-compliance (if any) by the group and corporation.

2. For the Owner

a) Lead the organization to periodically supervise and inspect the parent company - state corporation;

b) Through the report of the parent company - state corporation to supervise and inspect the subsidiaries of the corporation;

c) Coordinate with the Ministry of Labor, Invalids and Social Affairs to supervise and inspect the parent company - group, state corporation ranked as special, and the parent company - state corporation applying special ranking and salary grading according to the special corporation rank;

d) Depending on the supervision requirements, plan periodic or spot inspections of the implementation of the group and corporation or require the group and corporation to submit additional reports according to specific contents;

đ) Coordinate with the Ministry of Labor, Invalids and Social Affairs and relevant agencies to supervise the amendment, supplementation, and rectification of consequences due to non-compliance by the group and corporation;

e) Annually before May 31, compile the situation of supervision of groups and corporations under its management and data according to Form No. 5 issued together with Circular No. 18/2013/TT-BLDTBXH; Forms No. 6, 7, and 8 issued together with Circular No. 19/2013/TT-BLDTBXH dated September 9, 2013 of the Ministry of Labor, Invalids and Social Affairs (in which the indicators in columns of Forms No. 6, 7, and 8 are revised as follows: "implemented last year" is changed to "plan last year", "plan this year" or "plan" is changed to "implemented last year", "implemented this year" or "implemented" is changed to "plan this year...") and Forms No. 4 and No. 5 issued together with this Circular, send to the Ministry of Labor, Invalids and Social Affairs for general supervision and compilation of reports to the Government.

3. For the Owner's Representative

a) Lead the organization to periodically supervise and inspect the parent company - group, corporation controlled by the state;

b) Through the report of the parent company - group, corporation controlled by the state to supervise and inspect the subsidiaries of the group and corporation;

c) Annually before May 31, compile the situation of supervision of groups and corporations under its capital representation and data according to the form prescribed in point e, Clause 2 of Article 7 of this Circular, send to the Ministry of Labor, Invalids and Social Affairs for supervision and general compilation of reports to the Government.

4. For the Capital Representative

The State Capital Representative requests the parent corporation - group, state-controlled holding company to prepare a supervisory report in accordance with point b, Clause 1 and point b, Clause 2, Article 8 of this Circular for submission to the supervisory authority before March 1st each year as prescribed.

Article 8. Responsibilities of groups and holding companies

1. For the parent corporation - group, state-controlled holding company

a) Before March 31st each year, prepare a supervisory report on the parent corporation and consolidate data according to Form No. 3 issued together with Circular No. 18/2013/TT-BLDTBXH, Form No. 2 issued together with Circular No. 19/2013/TT-BLDTBXH dated September 9, 2013 of the Ministry of Labor, Invalids and Social Affairs, and Forms No. 1, 2, and No. 3 issued together with this Circular, and submit to the supervisory authority as prescribed;

b) Chair the organization of supervision over subsidiaries that it owns and subsidiaries in which it holds controlling equity stakes (through capital representatives), requiring these subsidiaries to prepare supervisory reports and consolidate data according to the form specified in point a, Clause 1, Article 8 of this Circular, and submit to the parent corporation before March 1st each year;

c) Before March 31st each year, consolidate the situation of supervision over subsidiaries and data according to the form specified in point e, Clause 2, Article 7 of this Circular, and report to the Ministry of Labor, Invalids and Social Affairs and the Owner for overall supervision, and compile a consolidated report to the Government.

2. For the parent corporation - group, state-controlled holding company

a) Before March 31st each year, prepare a supervisory report on the parent corporation and consolidate data according to the form specified in point a, Clause 1, Article 8 of this Circular, and submit to the State Capital Representative and the Representative of the State-owned Shareholder;

b) Chair the organization of supervision over subsidiaries that it owns and subsidiaries in which it holds controlling equity stakes (through capital representatives), requiring these subsidiaries to prepare supervisory reports and consolidate data according to the form specified in point a, Clause 1, Article 8 of this Circular, and submit to the parent corporation before March 1st each year;

c) Before March 31st each year, consolidate the situation of supervision over subsidiaries and data according to the form specified in point e, Clause 2, Article 7 of this Circular, and report to the Representative of the State-owned Shareholder and the State Capital Representative for overall supervision as prescribed.

Article 9. Effective Date

1. This Circular takes effect from May 15, 2015.

2. Ministries, People's Committees of provinces and centrally-administered cities shall instruct wholly state-owned limited liability companies operating independently within their management scope to build reports on the implementation of recruitment, labor utilization, wages, bonuses according to this Circular and organize supervision according to Clause 4, Article 6 of the Financial Supervision Regulation and Assessment of Business Effectiveness and Disclosure of Financial Information for Enterprises Owned by the State and Enterprises with State Capital issued together with Decree No. 61/2013/NĐ-CP dated June 25, 2013 of the Government, and based on that, prepare a consolidated supervisory report to be submitted to the Ministry of Labor, Invalids and Social Affairs for tracking and overall consolidation.

3. The Minister, Head of a ministry equivalent to a ministry, Head of a government agency, Chairman of the People's Committee of a province or centrally-administered city shall be responsible for directing, urging, and inspecting the implementation as prescribed in this Circular.

In the course of implementation, if there are difficulties, agencies and organizations are requested to reflect them to the Ministry of Labor, Invalids and Social Affairs for timely guidance and supplementation./.