Circular No. 17/2023/TT-BLDTBXH guiding the delegation of tasks for state management of labor in industrial zones and economic zones

CIRCULAR

Guidelines for the delegation of tasks to manage state administration regarding labor in industrial zones and economic zones
Industrial zones and economic zones

Pursuant to the Labor Code on November 20, 2019;

Pursuant to the Law on Local Administration Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration Organization dated November 22, 2019;

Pursuant to Decree No. 35/2022/NĐ-CP dated May 28, 2022 of the Government on management of industrial zones and economic zones; Nghị định số 5 năm 2022 của Chính phủ quy định về quản lý khu công nghiệp và khu kinh tế;

Pursuant to Decree No. 62/2022/NĐ-CP dated September 12, 2022 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;

Pursuant to Decree No. 107/2020/NĐ-CP dated September 14, 2020 of the Government amending and supplementing some articles of Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government; of the National Assembly; People's Committees and municipal People's Committees directly under the Central Government;No. - Central-level provincial Departments of Finance, Tax Revenue Bureaus, State Treasury Branches;

Pursuant to Decree No. 145/2020/NĐ-CP dated December 14, 2020 of the Government detailing and guiding implementation of certain provisions of the Labor Code on labor conditions and labor relations;

Pursuant to Decree No. 152/2020/NĐ-CP dated December 30, 2020 of the Government on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;intention Vietnamese workers working for foreign organizations and individuals in Vietnam;toquy định về việc làm cho tổ chức, cá nhân nước ngoài tại Việt Nam;

Pursuant to Decree No. 70/2023/NĐ-CP dated September 18, 2023 of the Government amending and supplementing some articles of Decree No. 152/2020/NĐ-CP dated December 30, 2020 of the Government on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;June 2024; cá nhân nước ngoài tại Việt Nam;

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on Decision of the Director of the Legal Department;

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the delegation of tasks to manage state administration regarding labor in industrial zones and economic zones. lThis Circular guides the delegation of tasks to manage state administration regarding labor in industrial zones and economic zones (hereinafter referred to as industrial zones) as prescribed in Decree No. 35/2022/NĐ-CP dated May 28, 2022 of the Government on management of industrial zones and economic zones (hereinafter referred to as Decree No. 35/2022/NĐ-CP).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Provincial People's Committee (hereinafter referred to as Provincial People's Committee).

Article 2. Applicability

2. Department of Labor, Invalids and Social Affairs of provinces and centrally governed cities (hereinafter referred to as Department of Labor, Invalids and Social Affairs).

3. Management Board of industrial zones and economic zones (hereinafter referred to as Management Board of industrial zones) as prescribed in Decree No. 35/2022/NĐ-CP.

4. Enterprises, organizations, and individuals related to the tasks of managing state administration regarding labor in industrial zones.

DELEGATION OF TASKS TO MANAGE STATE ADMINISTRATION REGARDING LABOR IN INDUSTRIAL ZONES

Chapter II

Article 3. Delegating authority body, delegated authority body

1. Delegating authority body: Provincial People's Committee.

2. Delegated authority body: Management Board of industrial zones.

Article 4. Principles of delegation

1. Ensuring the effectiveness of state administration work regarding labor in industrial zones.

2. Creating favorable conditions for business operations of enterprises in industrial zones.

3. The content of delegation must be agreed upon by the delegating authority body and the delegated authority body and must be appropriate to the actual situation of the locality and the organizational structure of the Management Board of industrial zones responsible for labor affairs.

3. Nội dung ủy quyền do cơ quan ủy quyền và cơ quan được ủy quyền thống nhất và phải phù hợp với tình hình thực tế của địa phương và tổ chức bộ máy làm công tác lao động của Ban quản lý khu công nghiệp.

Article 5. Form and Term of Authorization

1. Authorization must be established in writing. The authorization document shall be prepared in four (4) copies according to the model attached at Appendix I of this Circular, each party retains one (1) copy, one (1) copy sent to the Ministry of Labor - Invalids and Social Affairs (through the Legal Department), one (1) copy sent to the Provincial Department of Labor - Invalids and Social Affairs.

2. Authorization must specify the term and be clearly recorded in the authorization document.

Article 6. Termination of Authorization Prematurely

The authorizing agency has the right to terminate authorization prematurely when it deems that the authorized agency has not implemented the authorized content correctly or due to actual circumstances and management requirements for labor at the local level.

The termination of authorization prematurely must be notified in writing, stating the reasons, and sent to the authorized agency and relevant agencies.

Article 7. Content of Authorization

The People's Committee of the province decides on the authorization for the Industrial Park Management Board to perform the following tasks:

Receiving notifications about terminating employment relationships with workers from enterprises within the industrial park as stipulated in Clause 6, Article 42 of the Labor Code.

Chapter III

RESPONSIBILITIES OF STATE AGENCIES

Article 8. Responsibilities of the Provincial People's Committee

1. Organize the implementation of the content of authorization regarding labor in industrial parks as prescribed in this Circular.

2. Direct, guide, and inspect the Industrial Park Management Board in performing state management tasks regarding labor in industrial parks that have been authorized.

3. Receive and resolve complaints and difficulties of enterprises related to the implementation of authorization.

4. Annually, compile and report on the implementation of authorization for the Industrial Park Management Board in the managed province to the Ministry of Labor - Invalids and Social Affairs (through the Legal Department) before January 30 of the following year according to the model at Appendix II issued together with this Circular.

Article 9. Responsibilities of the Industrial Park Management Board

1. The Industrial Park Management Board directly implements the authorized work content accurately and fully, ensuring effective state management of labor in industrial parks.

2. Bear responsibility before the authorizing agency and the law for the implementation of authorization.

3. Notify all enterprises within the industrial park about the state management content of labor that has been authorized; guide enterprises to comply with labor laws for the authorized tasks.

4. Annually, the Industrial Park Management Board reports on the implementation of state management content of labor in industrial parks that have been authorized to the Ministry of Labor - Invalids and Social Affairs (through the Legal Department), the People's Committee of the province, and the Provincial Department of Labor - Invalids and Social Affairs before January 15 of the following year according to the model at Appendix II issued together with this Circular.

The Industrial Park Management Board implements ad hoc reporting as required by the Ministry of Labor - Invalids and Social Affairs, the People's Committee of the province, the Provincial Department of Labor - Invalids and Social Affairs, and other competent state agencies or as prescribed by law.

Article 10. Responsibilities of the Provincial Department of Labor - Invalids and Social Affairs

Advise and assist the People's Committee of the province in compiling and reporting on the implementation of state management of labor in industrial parks within the managed province:

1. Take the lead and coordinate with the Industrial Park Management Board in compiling and reporting on the implementation of state management of labor in industrial parks and compiling and reporting on the overall implementation of state management of labor within the province.

2. Coordinate with the Industrial Park Management Board to resolve complaints and difficulties of enterprises related to the implementation of authorization for state management of labor in industrial parks.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Effective Date

1. This Circular takes effect from March 1, 2024.

2. Circular No. 32/2014/TT-BLDTBXH dated December 1, 2014 of the Ministry of Labor - Invalids and Social Affairs guiding the delegation of certain state management tasks regarding labor in industrial parks, export processing zones, economic zones, and high-tech zones ceases to be effective from the date this Circular takes effect.

3. From the date this Circular takes effect, the delegation of tasks for state management of labor in high-tech zones shall be carried out in accordance with the provisions of this Circular.

Article 12. Implementation Organization

1. The Legal Department, Ministry of Labor - Invalids and Social Affairs assists the Minister in checking, urging, compiling the situation of implementation, proposing, and recommending solutions to difficulties related to the delegation of state management tasks regarding labor in industrial parks and high-tech zones nationwide.

2. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced legal normative documents.

3. During the implementation process, if there are difficulties, please reflect them to the Ministry of Labor - Invalids and Social Affairs for consideration and guidance./.