Decree No. 200/2013/ND-CP detailing Article 11 of the Trade Union Law on the rights and responsibilities of trade unions in participating in state administration and socio-economic management.

DECREE

Detailed regulations for Article 11 of the Trade Union Law on the rights and responsibilities of trade unions in participating in state administration and socio-economic managementParticipating in state administration and socio-economic management

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

Pursuant to the Trade Union Law dated June 20, 2012;

||| Based on the proposal of the Minister of Home Affairs;

After reaching consensus with the Vietnam General Confederation of Labor, the Government promulgates this Decree to provide detailed regulations for Article 11 of the Trade Union Law regarding the rights and responsibilities of trade unions in participating in state administration and socio-economic management,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the rights and responsibilities of trade unions in participating in state administration and socio-economic management.

Article 2. Applicability

1. Trade unions at all levels, as prescribed by the Charter of the Vietnam General Confederation of Labor, include:

a) The Vietnam General Confederation of Labor;

b) Provincial Labor Unions and municipal labor unions directly under the central government (hereinafter referred to as provincial-level labor unions); central industry trade unions and central holding company trade unions directly under the Vietnam General Confederation of Labor (hereinafter referred to as central industry trade unions);

c) District and urban district labor unions; education trade unions at the district and urban district level; local industry trade unions; industrial park trade unions, export processing zone trade unions, economic zone trade unions, high-tech park trade unions; provincial-level holding company trade unions and central industry trade unions; trade unions of ministries, agencies equivalent to ministries, government-affiliated agencies, National Assembly, Party bodies, and political-social organizations at the central level (hereinafter referred to as direct superior grassroots trade unions);

d) Grassroots trade unions and industrial associations (hereinafter referred to as grassroots trade unions).

2. Civil servants, public officials, employees, workers, and other laborers (hereinafter referred to as workers).

3. State agencies, political organizations, political-social organizations, social-professional organizations, public institutions, enterprises, and other entities employing workers as prescribed by labor laws (hereinafter referred to as agencies, organizations, and enterprises).

Article 3. Forms of Participation

When state agencies, organizations, and enterprises develop programs and plans for socio-economic development at the sectoral, local, and unit levels, and policies related to workers, they have the responsibility to invite trade unions at the same level to participate in the following forms:

1. Providing written opinions to state agencies, organizations, and enterprises concerning the legitimate rights and interests of workers;

2. Attending meetings, conferences, and seminars organized by state agencies, organizations, and enterprises concerning the legitimate rights and interests of workers;

3. Participating as members of committees and councils established by state agencies, organizations, and enterprises to address issues related to the legitimate rights and interests of workers.

1. Ensuring timely coordination and direction from central to local investigative agencies to promptly resolve difficulties and obstacles in the work of investigating, prosecuting, and trying money laundering and terrorist financing offenses.

1. State agencies, organizations, and enterprises shall cooperate with trade unions at the same level to establish and implement cooperation regulations. They shall regularly conduct annual reviews and evaluations of cooperative activities and develop joint work programs and plans.

2. Ministries, sectors, People's Committees at all levels, state agencies, organizations, and enterprises shall respect the right of workers to establish, join, and operate trade unions as prescribed by the Charter of the Vietnam General Confederation of Labor; recognize established trade unions and create favorable conditions for their operations.

Chapter II

RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS AT ALL LEVELS IN PARTICIPATING IN STATE ADMINISTRATION AND SOCIO-ECONOMIC MANAGEMENT

PARTICIPATING IN STATE ADMINISTRATION AND SOCIO-ECONOMIC MANAGEMENT

Article 5. Rights and responsibilities of the Vietnam General Confederation of Labor in participating in state administration and socio-economic management

1. Participate with relevant ministries and agencies at the central level in the development of policies and laws on investment, vocational training, labor, employment, wages, allowances, social insurance, health insurance, unemployment insurance, occupational safety and health, hygiene at workplaces, commendation and reward; regulations on democracy at the grassroots level, building harmonious, stable, progressive labor relations in agencies, organizations, enterprises, and other policies and laws related to the rights and responsibilities of trade unions, lawful and legitimate rights and interests of workers. Coordinate with relevant ministries and agencies in participating in the development of laws; educate, publicize, and disseminate laws to workers; promptly address issues arising during the implementation of systems and policies related to workers.

2. Coordinate with relevant ministries and agencies to study and propose to the State programs for applying science, technology, and techniques for labor protection; participate in developing and promulgating technical standards and norms on occupational safety and health; participate in formulating systems, policies, and regulations on occupational safety, prevention of occupational diseases, industrial hygiene, and environmental protection.

3. Coordinate with relevant ministries and agencies to direct, guide, and organize patriotic emulation movements among workers.

4. Be a formal member of the National Wage Council, the Central Commendation and Reward Council; the Management Board of Social Insurance and other national committees and councils related to the rights and responsibilities of trade unions, lawful and legitimate rights and interests of workers.

5. Participate with agencies, organizations, and enterprises in resolving complaints and grievances of workers and worker collectives according to the provisions of the law when they have been resolved but still protested.

Article 6. Rights and responsibilities of provincial and centrally-administered city trade unions in participating in state administration and socio-economic management

1. Participate and coordinate with the People's Committee of the province or centrally-administered city in the development of laws and policies; promote, mobilize, educate, and disseminate policies and laws to workers; organize inspections, supervision, and monitoring of the implementation of laws and policies directly related to workers; participate in investigating labor accidents, resolving complaints and grievances; guide the resolution of labor disputes; represent and protect the lawful and legitimate rights and interests of workers according to the provisions of the law.

2. Participate with the People's Committee of the province or centrally-administered city in the process of developing guidelines, plans for socio-economic development, and other issues related to the living conditions, employment, and working conditions of workers in their respective areas.

3. Participate in the Provincial or Centrally-Administered City Commendation and Reward Council; coordinate with agencies, organizations, and enterprises to guide and organize patriotic emulation movements among workers in their respective areas.

4. Participate in provincial or centrally-administered city councils related to the lawful and legitimate rights and interests of workers according to the provisions of the law.

Article 7. Rights and responsibilities of the Central Industry Trade Union to participate in state administration and socio-economic management

1. Participate in the formulation of laws, regulations, and policies on labor, wages, labor protection, social insurance, health insurance, and other related policies concerning the legitimate rights and interests of workers in the same industry across various economic sectors.

2. Cooperate with competent state agencies in disseminating, educating, and mobilizing workers to comply with labor laws and policies; inspect and supervise the implementation of policies related to the legitimate rights and interests of workers; propose to competent authorities to supplement, amend, and resolve policies related to the rights and interests of workers in accordance with the characteristics and development requirements of the industry.

3. Participate with ministries and industries in developing strategies for socio-economic development of the industry.

4. Participate in the Ministry's, Department's, and Industry's Commendation Councils; coordinate with state management agencies to guide and organize patriotic emulation movements among workers according to the industry's characteristics.

5. Participate in councils established at the ministry, department, and industry level that relate to the legitimate rights and interests of workers within the industry as stipulated by law.

Article 8. Rights and responsibilities of the direct superior grassroots trade union to participate in state administration and socio-economic management

1. Cooperate with state agencies and management bodies at the same level regarding policies for socio-economic development and issues related to employment and living conditions of workers under their jurisdiction.

2. Coordinate with state agencies and management bodies at the same level in formulating laws; educate, disseminate, and publicize laws to workers; mobilize agencies, organizations, and enterprises to apply science, technology, and labor protection techniques in production; establish safety and hygiene standards, occupational disease prevention measures, industrial hygiene, and environmental protection norms.

3. Coordinate with state agencies and management bodies at the same level to guide the implementation of democratic regulations within agencies, organizations, and enterprises.

4. Coordinate with state agencies and management bodies at the same level to guide and organize patriotic emulation movements among workers under their jurisdiction.

5. Participate in committees and councils at the same level related to the legitimate rights and interests of workers as stipulated by law.

Article 9. Rights and responsibilities of the grassroots trade union in state agencies, organizations, and public service units to participate in agency and unit management

1. Coordinate with the heads of agencies, organizations, and units to organize cadres, civil servants, officials, and workers to participate in lawmaking and work programs; educate, disseminate, and publicize laws to workers; organize patriotic emulation movements among workers under their jurisdiction.

2. Participate with the heads of agencies, organizations, and units in organizing and improving working methods and administrative procedures to enhance work quality and efficiency.

3. Participate with the heads of agencies, organizations, and units in resolving complaints and denunciations of cadres, civil servants, officials, and workers in accordance with the law.

4. Participate with the heads of agencies, organizations, and units in improving working conditions; create a friendly and harmonious working environment within agencies, organizations, and units.

5. Coordinate with the heads of agencies, organizations, and units to effectively implement democratic regulations within agencies and units.

6. Participate in councils examining and resolving benefits for members, cadres, civil servants, officials, and workers.

Article 10. Rights and responsibilities of the grassroots trade union in private enterprises and non-profit organizations participating in business management

1. Participate with employers in establishing policies and laws, promoting, educating, and mobilizing workers to implement policies and laws, implementing collective labor agreements, and protecting lawful rights and legitimate interests related to workers in order to stabilize and develop the enterprise.

2. Participate with employers in applying science, technology, and occupational safety techniques; establishing standards and regulations for workplace safety and hygiene, preventing occupational diseases, industrial hygiene, and environmental protection at workplaces.

3. Participate with employers in promptly resolving complaints and accusations of workers in accordance with the law.

4. Participate with employers in improving working conditions; building harmonious labor relations within the enterprise.

5. Participate in councils examining and resolving lawful and legitimate rights and interests of workers in accordance with the law.

6. Coordinate with employers to organize competitive movements and implement democratic regulations within the enterprise in accordance with the law.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Decree takes effect from February 1, 2014.

Article 12. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees, all levels of trade unions, relevant agencies, organizations, units, and enterprises are responsible for implementing this Decree./.