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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
87/2007/ND-CP
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Hanoi
, May 28, 2007
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DECREE
PROMULGATING
THE REGULATION ON THE EXERCISE OF DEMOCRACY IN JOINT-STOCK COMPANIES AND
LIMITED LIABILITY COMPANIES
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
After reaching agreement with the Vietnam General Confederation of Labor;
At the proposal of the Minister of Home Affairs,
DECREES:
Article 1.- To promulgate
together with this Decree the Regulation on the exercise of democracy in
joint-stock companies and limited liability companies.
Article 2.-
This Decree takes effect 15 days after its publication in "CONG BAO."
Previous regulations on the exercise of democracy which are contrary to the
Regulation promulgated together with this Decree are annulled.
Article 3.-
Ministers, heads of ministerial-level agencies, heads of government-attached
agencies and presidents of provincial/municipal People's Committees shall
implement this Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
REGULATION
ON
THE EXERCISE OF DEMOCRACY IN JOINT-STOCK COMPANIES AND LIMITED LIABILITY
COMPANIES
(Promulgated together with the Government's Decree No. 87/2007/ND-CP of May
28, 2007)
Chapter I
GENERAL PROVISIONS
Article 1.- Scope and
subjects of application
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2. This Regulation applies to
Managing Boards, Members' Councils, presidents, general directors and directors
of joint-stock companies and limited liability companies (below collectively
referred to as company managers); grassroots trade union executive committees
or provisional trade union executive committees; and laborers in joint-stock
companies and limited liability companies.
Article 2.-
Purposes of the exercise of democracy in companies
1. To create conditions for
laborers to know, comment and decide on, and supervise issues related to their
rights, interests, obligations and responsibilities.
2. To raise responsibilities and
obligations of company managers towards laborers; to create conditions for
companies' political and socio-political organizations to operate according to
law in the exercise of laborers' right to democracy.
3. To establish harmonious and
stable labor relations, contributing to limiting and preventing labor disputes
in the course of production and business.
Article 3.-
Rights and obligations of company managers and laborers
1. Company managers and laborers
are obliged to strictly perform labor contracts and collective labor agreements
and observe companies' internal rules and regulations and current provisions of
law related to their rights and obligations.
2. Laborers may participate in
supervising the implementation of mechanisms and policies related to their lawful
and legitimate interests as well as their obligations in accordance with law.
3. Laborers may join political
organizations, socio-political organizations or socio-professional
organizations in accordance with law.
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1. The trade union of a company
represents and protects the lawful rights and interests of the company's
laborers and labor collective, is responsible for organizing activities for
laborers to exercise their right to know, participate in, inspect, supervise,
and decide on, issues directly related to them.
2. The head of the trade union
of a company or the person authorized by the company's trade union executive
committee may be invited to attend meetings of the company's Shareholders'
Meeting or Members' Council and may comment on issues related to the lawful and
legitimate rights and interests of the company's labor collective.
Article 5.-
Organization of conferences of a company's laborers
1. Annually, the company
management shall assume the prime responsibility for, and coordinate with the
trade union executive committee in, organizing conferences of the company's
laborers.
2. A conference of a company's
laborers mainly discusses solutions to achieve production and business targets
already approved by the Shareholders' Meeting or the Members' Council; assess
the implementation of the collective labor agreement and the company's internal
rules and regulations; and discuss other issues related to laborers' lawful and
legitimate rights and interests.
Chapter II
CONTENTS TO BE PUBLICIZED BY
THE COMPANY MANAGEMENT TO LABORERS
Article 6.- Contents to
be publicized by the company management to laborers
1. State regimes and policies
directly related to laborers.
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3. The company's internal rules
and regulations:
a/ Labor rules, labor safety
equipment, machine and equipment operation processes; labor safety, labor
sanitation, environmental protection, fire and explosion prevention and
fighting rules;
b/ Salary and bonus regulations;
c/ Regulations on labor norms
and contractual norms;
d/ Emulation and commendation
regulations.
4. Deduction for setting up and
use of the company's funds related to laborers:
a/ Levels of deduction for
setting up annual reward and welfare funds under decisions of the Shareholders'
Meeting or the Members' Council;
b/ Contribution to the trade
union fund;
c/ Deduction for payment of
social and health insurance premiums.
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6. The company's charter.
7. Other contents as provided
for by law.
Article 7.-
Modes of publicization
Depending on the to-be-publicized
contents, company management shall assume the prime responsibility for, and
coordinate with the trade union in, selecting the following modes of
publicization:
1. Announcement at conferences
of the company's laborers.
2. Announcement at briefing meetings.
3. Announcement directly to
laborers or via the company's internal information system.
4. Announcement to sections,
departments, workshops, production groups or teams.
5. Announcement to the company's
trade union executive committee or provisional trade union executive committee.
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Chapter III
CONTENTS TO BE COMMENTED BY
LABORERS
Article 8.- Contents to
be commented by laborers
1. Elaboration, and organization
of implementation, of internal rules and regulations specified in Clause 3,
Article 6 of this Regulation.
2. The draft of the collective
labor agreement or its amendments or supplements before signing.
3. Solutions to raising labor
productivity and product quality, reducing prices, saving materials and raw
materials, ensuring labor safety, labor sanitation and environmental
protection, improving working conditions, and arranging labor.
4. Other issues related to
laborers' interests and obligations.
Article 9.-
Modes of comment giving by laborers
1. Through conferences of the
company's laborers.
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3. Through dialogues between the
company management and the labor collective.
4. Through the trade union.
5. Through mailboxes.
6. Through routine meetings
between the company management and laborers.
Chapter IV
CONTENTS TO BE DECIDED BY
LABORERS
Article 10.- Contents to
be decided by laborers
1. Signing and termination of
labor contracts under the provisions of labor law.
2. Adoption of the contents of a
collective labor agreement or of amendments or supplements to a collective
labor agreement before it is signed by a representative of the companys trade
union executive committee or provisional trade union executive committee with
the company management.
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4. Other contents as provided
for by law.
Article 11.-
Modes of decision making by laborers
Laborers may decide on the
contents specified in Article 10 of this Regulation by the following modes:
1. Making written decisions by
themselves.
2. Voting at laborers'
conferences.
3. Through the company's trade
union.
Chapter V
CONTENTS TO BE SUPERVISED BY
LABORERS
Article 12.- Contents to
be supervised by laborers
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2. Implementation of the
company's internal rules, regulations and charter.
3. Implementation of the
collective labor agreement.
4. Performance of labor
contracts.
5. Implementation of regimes and
policies towards laborers; collection and use of funds contributed by laborers.
6. Results of settlement of
complaints, denunciations and labor disputes.
7. Annual emulation and
commendation results.
Article 13.-
Modes of supervision by laborers
1. Through the company's trade
union.
2. Through making comments,
petitions, complaints or denunciations under the provisions of law.
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ORGANIZATION OF
IMPLEMENTATION
Article 14.- Company
managements shall assume the prime responsibility for, and coordinate with
trade union executive committees or provisional trade union executive
committees in, organizing the implementation of this Regulation.
Article 15.-
The Ministry of Home Affairs shall assume the prime responsibility for, and
coordinate with provincial/municipal People's Committees in, directing and
inspecting the implementation of this Regulation, and annually report on
implementation results to the Government.
Article 16.-
The Ministry of Labor, War Invalids and Social Affairs shall coordinate with
the Vietnam General Confederation of Labor in guiding the organization of
activities of conferences of laborers at companies.
Article 17.-
Companies, organizations and individuals that record achievements in
implementing this Regulation are entitled to commendation and reward in
accordance with law. Organizations or individuals that violate this Regulation
shall, depending on the nature and severity of their violations, be
administratively sanctioned or examined for penal liability according to law.