Circular No. 27/2014/TT-BLDTBXH guides state administrative agencies responsible for labor affairs in soliciting opinions from organizations representing workers and employers at the local level when developing labor policies and laws and issues related to labor relations.

CIRCULAR

Guidelines on the state labor management agency soliciting opinions

organization from representatives of workers and organizations representing employers

at the local level in the process of formulating labor policies and laws

and concerning labor relations

_________________

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 Decree No. 53/2014/NĐ-CP dated May 26, 2014 stipulating the procedures for state agencies to solicit opinions from organizations representing workers and organizations representing employers in the process of formulating labor policies and laws and issues related to labor relations;

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

The Minister of Labor, Invalids and Social Affairs hereby promulgates this Circular guiding the procedures for the state labor management agency to solicit opinions from organizations representing workers and organizations representing employers at the local level in the process of formulating labor policies and laws and issues related to labor relations.

Article 1. Scope of Regulation

This Circular provides guidelines on the principles, contents, and forms of soliciting opinions from organizations representing workers and organizations representing employers at the local level (hereinafter referred to as the parties) of the state labor management agency in the process of formulating labor policies and laws and issues related to labor relations.

Article 2. Applicability

1. Ministry of Labor, Invalids and Social Affairs.

2. Provincial People's Committees and municipal people's committees directly under the central government (hereinafter referred to collectively as provincial-level People's Committees).

3. Trade Union of the province or centrally-administered city (hereinafter collectively referred to as the provincial-level Trade Union).

4. Branch or Representative Office of the Vietnam Chamber of Commerce and Industry in the province or centrally-administered city; Association of Enterprises, Small and Medium-sized Enterprise Association in the province or centrally-administered city; Provincial Cooperative Federation (hereinafter collectively referred to as the provincial-level organization representing employers).

5. Agencies, organizations, and individuals related to the implementation of the provisions of this Circular.

Article 3. Principles of Soliciting Opinions

State labor management agencies must ensure compliance with the law, democracy, honesty, and respect for the legitimate rights and interests of workers and employers when soliciting opinions from provincial-level organizations representing workers and employers in the process of formulating labor policies and laws and issues related to labor relations.

Article 4. Content of Soliciting Opinions

1. Labor policies and laws related to obligations, rights, and legitimate and reasonable interests of workers and employers when requested by the Minister of Labor, Invalids and Social Affairs from the Chairman of the People's Committee of the province.

2. Regulatory documents and guidance documents for implementing labor policies and laws issued by the People's Council and People's Committee of the province.

3. Measures for developing labor relations in the province or city; preventive measures and solutions for resolving labor disputes; periodic reports on the situation of labor relations in the locality.

4. Other issues as required by the People's Committee of the province.

Article 5. Forms of Soliciting Opinions

1. In writing.

2. Through working groups, steering committees, research teams that organizations representing workers and organizations representing employers participate in.

3. Through meetings, seminars, forums, consultation conferences that organizations representing workers and organizations representing employers attend.

Article 6. Responsibility to seek opinions from the People's Committee of the province

1. Organizations shall seek opinions from the Provincial Trade Union Federation and the provincial representative organizations of employers on the contents stipulated in Article 4 of this Circular through appropriate and effective forms that promote the responsibilities of all parties in participating in the opinion-seeking process.

2. To take the lead and coordinate with relevant parties to establish working groups, steering committees, and research teams to implement issues related to labor relations, and to cooperate in resolving issues arising in labor relations at the local level.

Article 7. Responsibility to participate in seeking opinions for the Provincial Trade Union Federation

1. To collect, compile, and seek opinions from trade union members, grassroots trade unions, directly affiliated higher-level trade unions, and units under the jurisdiction of the Provincial Trade Union Federation on the contents stipulated in Article 4 of this Circular to participate with the People's Committee of the province when requested.

2. To send representatives to attend conferences and seminars and to make statements providing opinions on the contents discussed at such conferences and seminars organized and invited by the People's Committee of the province.

3. To send representatives to join working groups, steering committees, and research teams to implement the contents stipulated in Article 4 of this Circular; to cooperate in resolving issues arising in labor relations at the local level when requested by the People's Committee of the province.

Article 8. Responsibility to participate in seeking opinions for the provincial representative organizations of employers

1. To collect, compile, and seek opinions from members and organizations within their management scope on the contents stipulated in Article 4 of this Circular to participate with the People's Committee of the province when requested.

2. To send representatives to attend conferences and seminars and to make statements providing opinions on the contents discussed at such conferences and seminars organized and invited by the People's Committee of the province.

3. To send representatives to join working groups, steering committees, and research teams to implement the contents stipulated in Article 4 of this Circular; to cooperate in resolving issues arising in labor relations at the local level when requested by the People's Committee of the province.

Article 9. Effective Date

1. This Circular takes effect from November 21, 2014.

2. Joint Circular No. 04/2006/TTLT/BLDTBXH-TLĐLĐVN dated June 21, 2006 guiding the implementation of Clause 3, Article 1 of Decree No. 145/2004/NĐ-CP dated July 14, 2004 of the Government regarding the participation of representatives of workers and employers in opinions with state agencies at the provincial level in labor relations shall cease to be effective from the date this Circular takes effect.

3. The Chairman of the People's Committee of the province or centrally governed city shall assign specialized agencies to implement the contents stipulated in this Circular.

4. It is recommended that the Chairman of the Vietnam General Confederation of Labor, the Chairman of the Vietnam Chamber of Commerce and Industry, the Chairman of the Vietnam Association of Small and Medium Enterprises, and the Chairman of the Vietnam Union of Cooperatives instruct and guide provincial member organizations to implement according to the provisions of this Circular.

5. During the implementation process, if there are any difficulties, it is suggested that agencies, organizations, and individuals report to the Ministry of Labor - War Invalids and Social Affairs for guidance and supplementation./.