Circular No. 32/2014/TT-BLDTBXH guiding the delegation to perform certain state management tasks on labor in industrial zones, export processing zones, economic zones, and high-tech zones.

CIRCULAR

Guidelines for Delegating the Implementation of Certain State Management Tasks Related to Labor in Industrial Zones, Export Processing Zones, Economic Zones, and High-Tech Zones

Based on the Labor Code dated June 18, 2012;

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. 164/2013/ND-CP dated November 12, 2013, amending and supplementing certain articles of Decree No. 29/2008/ND-CP dated August 28, 2008, of the Government on industrial zones, export processing zones, and economic zones;

Pursuant to Decree No. 29/2008/ND-CP dated March 14, 2008, of the Government on industrial zones, export processing zones, and economic zones;

Pursuant to Decree No. 99/2003/ND-CP dated August 28, 2003, of the Government on the Regulation of High-Tech Zones;

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;

At the proposal of the Director of the Legal Department;

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the delegation of the implementation of certain state management tasks related to labor in industrial zones, export processing zones, economic zones, and high-tech zones.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the delegation of the implementation of certain state management tasks related to labor in industrial zones, export processing zones, economic zones, and high-tech zones (hereinafter referred to as industrial zones).

Article 2. Applicability

1. People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial People's Committees).

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

3. People's Committees of districts, towns, and centrally governed cities within provinces (hereinafter referred to as district-level People's Committees).

4. Management Boards of industrial zones, export processing zones, economic zones, and high-tech zones (hereinafter referred to as Management Boards of industrial zones).

5. Other enterprises, organizations, and individuals related to the delegation of the implementation of state management tasks related to labor in industrial zones.

Chapter II

DELEGATION OF THE IMPLEMENTATION OF CERTAIN STATE MANAGEMENT TASKS RELATED TO LABOR IN INDUSTRIAL ZONES

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

1. The delegating authorities include:

a) Provincial People's Committees;

b) Departments of Labor, Invalids and Social Affairs;

c) District People's Committees.

2. The delegated authority is the Management Board of industrial zones.

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

1. Ensuring the effectiveness of state management tasks related to labor 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. The delegation may be of all or some of the tasks based on the agreement between the delegating and delegated authorities and must be appropriate to the actual situation of the locality and the organizational structure of the labor management of the Management Board of industrial zones.

Article 5. Form and Term of Authorization

1. The delegation must be documented in writing. The delegation document shall be made in three (3) copies according to the model attached as Appendix I to this Circular, each party retains one (1) copy, and one (1) copy shall be sent to the Ministry of Labor, Invalids and Social Affairs (through the Legal Department).

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

Article 6. Termination of Authorization Prematurely

The delegating authority has the right to terminate the delegation before the expiration date if it finds that the delegated authority has not implemented the tasks as agreed upon.

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

1. The provincial People's Committee delegates to the Management Board of industrial zones the following tasks:

a) Receiving notifications from enterprises in industrial zones about terminating employment for multiple workers.

b) Receiving reports from enterprises leasing out workers in industrial zones regarding the leasing of workers (number of leased workers, leasing entity, leasing fees).

c) Receiving annual reports on training and skill enhancement programs conducted by enterprises in industrial zones.

d) Accepting collective labor agreements submitted by enterprises in industrial zones.

đ) Registering labor regulations of enterprises in industrial zones.

e) Accepting reports from enterprises in industrial zones explaining their need for foreign workers for positions where Vietnamese workers cannot meet the requirements, compiling and submitting them to the Chairman of the provincial People's Committee for decision.

2. The Department of Labor, Invalids and Social Affairs delegates to the Management Board of industrial zones the following tasks:

a) Accepting and processing applications for contracts to send workers for practical training abroad for less than 90 days from enterprises in industrial zones.

b) Accepting reports on the use of labor and changes in labor conditions from enterprises in industrial zones.

c) Receiving notifications from enterprises leasing out workers regarding the location, area, start date of operation, and key personnel.

d) Issuing, reissuing, and revoking work permits for foreign workers employed by enterprises in industrial zones.

đ) Confirming that foreign workers employed by enterprises in industrial zones do not require work permits.

e) Receiving notifications from enterprises in industrial zones about organizing overtime work exceeding 200 hours but not more than 300 hours in a year.

3. The district-level People's Committee delegates to the Management Board of industrial zones the task of accepting wage scales and labor standards submitted by enterprises in industrial zones.

Chapter III

RESPONSIBILITIES OF THE DELEGATING AUTHORITY AND THE DELEGATED AUTHORITY

Article 8. Responsibilities of the Authorizing Authority

1. General responsibilities of the authorizing authority

a) Inspect the implementation of authorization by the authorized agency.

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

2. Responsibilities of Provincial People's Committees

a) Direct, guide, and inspect the Department of Labor, Invalids and Social Affairs, People's Committee at district level, Industrial Zone Management Board in the implementation of state management authorization on labor affairs.

b) Summarize and report on the implementation of authorization to the Industrial Zone Management Board under provincial administration for submission to the Ministry of Labor, Invalids and Social Affairs (Legal Department) before July 15th each year and January 15th of the following year according to the form attached as Appendix II issued with this Circular.

3. Responsibilities of the Provincial Department of Labor, Invalids, and Social Affairs

a) Advise and assist the Provincial People's Committee in implementing state management over labor affairs and in authorizing the Industrial Zone Management Board;

b) Report on the implementation of authorization to the Industrial Zone Management Board for submission to the Provincial People's Committee before July 10th each year and January 10th of the following year;

c) Advise and assist the Provincial People's Committee in summarizing and reporting on the implementation of authorization to the Industrial Zone Management Board within its administrative area.

4. Responsibilities of District People's Committees

Report on the implementation of authorization to the Industrial Zone Management Board for submission to the Provincial People's Committee before July 10th each year and January 10th of the following year.

Article 9. Responsibilities of the Authorized Agency

1. Based on the Labor Code, guiding documents for the implementation of the Labor Code, and the authorization document, the Industrial Zone Management Board directly implements all assigned tasks accurately and fully, ensuring effective state management over labor affairs in industrial zones.

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

3. Notify the authorization to all enterprises in the industrial zone so that they can implement the assigned tasks.

4. Annually, every six months, the Industrial Zone Management Board reports to the authorizing agencies on the implementation of all assigned tasks before July 5th each year and January 5th of the following year. Specifically, the content of authorization mentioned in point a, Clause 2, Article 7 shall be reported before December 15th each year.

The Industrial Zone Management Board reports promptly upon request of the Ministry of Labor, Invalids and Social Affairs, Provincial People's Committee, Department of Labor, Invalids and Social Affairs, and other competent state agencies or as stipulated by law.

5. Guide enterprises to comply with labor laws regarding the assigned tasks.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effective Date

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

Circular No. 13/2009/TT-BLDTBXH dated May 6, 2009 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of state management tasks over labor affairs in industrial zones, export processing zones, economic zones, and high-tech zones ceases to be effective from the date this Circular takes effect.

2. Authorization documents implementing certain state management tasks over labor affairs in industrial zones that were signed contrary to the provisions of this Circular cease to be effective from the date this Circular takes effect.

Article 11. Implementation Organization

1. Within sixty days from the date this Circular takes effect, the Provincial People's Committee, Department of Labor, Invalids and Social Affairs, and People's Committee at district level must authorize the Industrial Zone Management Board according to the provisions of this Circular.

2. The Legal Department assists the Minister in inspecting, urging, summarizing the situation of implementation, proposing recommendations, and suggesting solutions to difficulties in the authorization of state management over labor affairs in industrial zones nationwide.

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./.