Decree No. 53/2014/NĐ-CP on the State management agencies seeking opinions from organizations representing workers and employers in the development of labor policies and laws and issues related to labor relations.

DECREE

Regulations on the state management agency seeking opinions from organizations representing workers and organizations representing employers in the development of labor policies and laws and issues related to labor relations

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

Based on the Labor Code dated June 18, 2012;

Decree No. 07/2021/NĐ-CP

After reaching consensus with the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, the Vietnam Union of Cooperative Enterprises, and the Vietnam Association of Small and Medium Enterprises, the Government promulgates this Decree regulating the state management agency's process of seeking opinions from organizations representing workers and organizations representing employers in the development of labor policies and laws and issues related to labor relations,

Article 1. Scope of Application

This Decree stipulates the principles, contents, and forms for the state management agency to seek opinions from organizations representing workers and organizations representing employers at the central level in the development of labor policies and laws and issues related to labor relations.

Article 2. Applicability

1. The state management agency referred to in this Decree is the Ministry of Labor, Invalids and Social Affairs.

2. The Vietnam General Confederation of Labor.

3. Organizations representing employers at the central level as defined in this Decree are the Vietnam Chamber of Commerce and Industry, the Vietnam Union of Cooperative Enterprises, and the Vietnam Association of Small and Medium Enterprises.

4. Agencies, organizations, and individuals involved in implementing the provisions of this Decree.

Article 3. Principles of Soliciting Opinions

Seeking opinions from organizations representing workers and organizations representing employers in the development of labor policies and laws and issues related to labor relations must comply with the law, respect the legitimate rights and interests of workers and employers.

Article 4. Content of Soliciting Opinions

1. Labor policies and laws related to the legitimate rights and interests of workers and employers in labor relations.

2. Measures to prevent and resolve labor disputes.

3. Reports on the implementation of International Labor Organization Conventions that have been ratified by the Socialist Republic of Vietnam.

Article 5. Forms of Soliciting Opinions

1. In writing.

2. Through drafting boards, editorial committees, steering committees, research teams where representatives of organizations representing workers and organizations representing employers participate.

3. Through meetings, seminars, forums, consultation conferences where representatives of organizations representing workers and organizations representing employers attend.

Article 6. Responsibilities of the State Management Agency in Seeking Opinions

1. Seeking opinions from organizations representing workers and organizations representing employers during the development of labor policies and laws related to the legitimate rights and interests of workers and employers in labor relations.

After the opinion-seeking period, the state management agency has the responsibility to compile the contributions of opinions from organizations representing workers, organizations representing employers, and relevant agencies and organizations, report on adoption and explanation, and submit to the competent authority for issuance or issue according to its authority.

2. Seeking opinions from organizations representing workers and organizations representing employers during the development and implementation of coordinated action programs to prevent and resolve labor disputes; evaluating the implementation of preventive and resolution measures for labor disputes.

3. Seeking opinions from organizations representing workers and organizations representing employers in the development of national reports as required by the Government regarding the implementation of International Labor Organization Conventions that have been ratified by the Socialist Republic of Vietnam related to the legitimate rights and interests of workers and employers in labor relations.

4. Organizing meetings, conferences, seminars, forums, consultation conferences on labor policies and laws and issues related to labor relations and compiling reports as prescribed.

5. Proposing solutions to maintain and develop labor relations to relevant parties and report to the Prime Minister.

Article 7. Obligation to provide comments of the Vietnam General Confederation of Labor and the representative organizations of employers at the central level when requested by state management agencies.

1. Collecting, compiling opinions, participating with state management agencies in drafting policies and laws on labor related to the rights and legitimate interests of workers and employers in labor relations.

2. Coordinating to implement programs for preventing and resolving labor disputes; evaluating the implementation of preventive and dispute resolution measures.

3. Participating in building national reports as required by state management agencies regarding the implementation of International Labor Organization Conventions ratified by the Socialist Republic of Vietnam concerning the rights and legitimate interests of workers and employers in labor relations.

4. Coordinating the organization and participation in meetings, conferences, seminars, forums, and consultations on labor policies and laws and issues related to labor relations.

5. Regularly summarizing and reporting (every six months and annually) or ad hoc on the situation of labor relations, proposing solutions to maintain and develop labor relations within their functional scope, and submitting them to state management agencies for consolidation and reporting to competent authorities.

Article 8. Effective Date

1. This Decree takes effect from July 15, 2014.

2. Decree No. 145/2004/NĐ-CP dated July 14, 2004 detailing the implementation of the Labor Code regarding the participation of the Vietnam General Confederation of Labor and representatives of employers with state agencies on policies, laws, and issues related to labor relations ceases to be effective from the date this Decree takes effect.

Article 9. Responsibility for implementation

1. The Minister of Labor, Invalids and Social Affairs shall be responsible for guiding the implementation of this Decree on soliciting opinions from local representative organizations of workers and employers after reaching consensus with the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, the Vietnam Union of Science and Technology Associations, and the Vietnam Association of Small and Medium Enterprises.

2. It is recommended that the Chairman of the Vietnam General Confederation of Labor guide and organize the implementation of this Decree to all levels of trade unions; the Chairmen of the Vietnam Chamber of Commerce and Industry, the Vietnam Union of Science and Technology Associations, and the Vietnam Association of Small and Medium Enterprises guide and organize the implementation of this Decree to member organizations and business associations.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.