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THE
MINISTRY OF LABOR, WAR
INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
579/QD-LDTBXH
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Hanoi, April
10, 2013
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DECISION
ON PROMULGATING THE
PLAN ON IMPLEMENTATION OF THE SCHEME ON LAW PROPAGATION AND DISSEMINATION FOR
EMPLOYEES, EMPLOYERS IN ENTERPRISES OF ALL TYPES DURING 2013 - 2016
THE MINISTER OF LABOR, WAR
INVALIDS AND SOCIAL AFFAIRS
Pursuant to the Government’s Decree No. 106/2012/ND-CP
of December 20, 2012, defining the functions, tasks, powers and organizational
structure of the Ministry of Labor, War
Invalids and Social Affairs;
Pursuant to the Decision No. 31/2009/QD-TTg
of February 24, 2009 of the Prime Minister, on approving the Scheme on
propagation and dissemination of labor laws for employees, employers in
enterprises of all types from 2009 till 2012;
Pursuant to the Decision No. 409/QD-TTg, of
April 09, 2012, of the Prime Minister promulgating the action Program in
furtherance of the Conclusions No. 04-KL/TW of April 19, 2011, of
the Secretary Board of the Party Central Committee (XI session);
At the proposal of the Director of
Department of Legal Affairs,
DECIDES
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Article 2. This Decision takes effect on
the date of its singing.
Article 3. The Chief of Office, director
of Planning and Finance Department, director of Department of Legal Affairs,
directors of provincial Departments of Labor, War
Invalids and Social Affairs shall implement this Decision.
THE MINISTER OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
Pham Thi Hai Chuyen
THE PLAN
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A. ACTION PLAN
I. PURPOSES AND REQUIREMENTS
1. Purposes:
1.1. Further carrying out synchronously and
effectively the objectives of Scheme approved by the Prime Minister in 2009. By
2016, striving to achieve the general objectives which create the strong
changes on consciousness of respecting and abiding by law in general and the
labor law in particular for employees and employers, build the harmonious labor
relationship in enterprises, contribute in promoting the production
development, social stability, construction and completion of the
governed-by-law state of socialist, of the people, by the people and for the
people.
1.2. Based on the assigned tasks of Scheme, each
Ministry, sector and locality shall concretize in the specific targets and
tasks suitable with conditions of each sector, locality, by the end of 2016,
basically strive to attain the specific targets approved by the Prime Minister
in the Decision No. 31/2009/QD-TTg of February 24, 2009 (the Scheme 31).
2. Requirements
2.1. Ministries, sectors and localities must
further grasp thoroughly and concretize viewpoints of the Party and the State
law regarding the law propagation, dissemination and education: the law
dissemination and education are responsibilities of whole political system of
which the State keeps the pivotal role. The State shall assure the necessary
resources for law dissemination; implement the socialization of law
dissemination and education.
2.2. Ministries, sectors taking the main
responsibility for the sub-projects and localities must seriously assess and
point out weaknesses, shortcomings in the implementation organization of the
Scheme at stage 1, on that basis, set out activities that are very close
to contents and tasks of the Scheme as well as actual requirements of
localities, facilities and the demand of each subject group; assure proper
progress, make the most of the available human resources; give out the
all-sided methods to overcome the weaknesses or shortcomings of this task in
past times; implement the activities concentrated and focused, avoiding the
spreading-ineffectively implementation, not duplicated, overlapped with other activities,
projects and programs which have been carried out at Ministries, sectors and
localities.
II. ACTIVITIES TO IMPLEMENT THE SCHEME DURING
2013 – 2016
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- The policy on encouraging the enterprises to
self-propagate and disseminate the labor laws and other laws relating to
activities of enterprises as well as rights, obligations of citizens and
employees at enterprises.
- The policy on encouraging the enterprises to
put the propagation, dissemination of labor laws and other laws relating to
activities of enterprises as well as rights, obligations of citizens into one
of the contents of the collective labor agreement, one of enterprise assessment
criteria.
2. Compilation of documents
The Ministry of Labor, War
Invalids and Social Affairs shall assume the prime
responsibility for, and coordinate with the sub-Scheme boards to compile
documents aiming to ensure the uniformity and synchronism. The agencies taking
main responsibility for each sub-scheme shall, base on source documents to
compile detailed documents to propagate for each subject group that each
sub-scheme assigned.
- Sub-scheme 1: To compile the source document
in order to organize the propagation and dissemination of labor laws and laws
relating to activities of enterprises as well as rights and obligations of the
citizens and employees;
- Sub-scheme 3: To compile and supply documents
on labor laws, trade union laws, law on social insurance, law on health
Insurance and other laws relating to rights and obligations of citizens and
employees in private enterprises and enterprises with foreign investment
capital;
- Sub-scheme 4: To compile the law propagation
and dissemination documents relating to activities of enterprises for employers
in private enterprises and enterprises with foreign investment capital;
- Sub-scheme 5: To compile documents of labor
law propagation and dissemination for employees, employers in the zone of
cooperatives.
3. Improving the contingent of the key staff
performing the propagation and dissemination of labor laws and other laws
relating to activities of enterprises as well as right, obligations of citizen.
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+ Train and improve skills and professional
operations for the provincial rapporteurs of the provincial Departments of
Labor, War Invalids and Social Affairs, Labor Unions,
Cooperative Union, branches of Vietnam Chamber of Commerce and Industry;
+ Train and improve skills and professional
operations for rapporteurs of State enterprises;
+ Train and improve skills and professional
operations for officers performing the law propagation and dissemination in
enterprises bringing employees to go abroad for working.
- Sub-scheme 3: Organizing conferences training
and improving for the provincial trade union officers and trade union officers
in big enterprises with many employees.
- Sub-scheme 4: Organizing conferences training
and improving for employers of private enterprises and enterprises with foreign
investment capital.
- Sub-scheme 5: Training for rapporteurs and
source collaborators in implementation of the propagation and dissemination of
labor laws and other laws relating to activities of cooperatives as well as
rights and obligations of citizens in cooperatives.
4. Activities of communication, propagation and
dissemination of labor laws and other laws relating to activities of
enterprises as well as rights and obligations of citizens for employees and
employers in enterprises
a. Organizing activities to propagate laws on
mass media: TV news, news from radio, newspapers, news on websites.
b. Supplying the legal documents and documents
guiding the implementation through books, newspapers, documents, internet,
combining with organizing discussions by specialized subject and answering
problems;
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d. Putting the contents of propagation and dissemination
of labor laws and other laws relating to rights, obligations of citizen into
one of the criteria in the annual task plan of enterprises. Building “Culture
of respect for the law” in State enterprises to do as an example for the
enterprise community;
dd. Promoting the traditional forms which have
been applied effectively, of which pay attention to the forms such as: folding
sheets, pocket Legal questions and answers books, “legal bags”, “law
bookcases”, 15 minutes broadcast on law radio in the lunch break….
e. Promoting introduction, propagation and
dissemination of regulations on labor laws and other laws relating to rights
and obligations of citizens by oral form; through labor mediators, legal
rapporteurs, trade union officers, personnel officers of industrial zones,
processing and exporting zones; propagating on the system of internal
loudspeaker, newsletter, posters and banners, or through meetings of unions
such as Party, Trade Union, Youth, Woman…
g. Organizing for employees in State enterprises
to take part in the competitions on learning the labor law and other laws
relating to rights and obligations of citizens on TV, newspaper, radio and at
localities, grassroots.
5. The key directing activities
In order to have basis for assessment, learning
from experiences regarding a number of the conformable and effective models,
measures and methods, aiming to widely develop in the next years, the Executive
committee of Scheme shall select some localities for implementation, each
regions of Vietnam may be selected two localities or more.
6. Examining the implementation of the Scheme
The Ministry of Labor, War Invalids and Social
Affairs - the standing agency of the Scheme 31, shall annually cooperate with
the agencies taking main responsibility for each Sub-scheme to build and issue
the plan on examining the implementation of the Scheme in stage II, assign the
agencies taking main responsibility for each Sub-scheme to do as the head of
local examination delegation in turns for seizing the implementation of the
Scheme at the localities.
On the basis of this master Plan, each agency
taking the main responsibility for Sub-scheme shall actively organize the
direct examination delegation or in integration with its other programs aiming
to assess the implementation results of the scheme at the central and locality.
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7. Conferences of preliminary and final
reviews
- Annually, the agency taking the main
responsibility for each Sub-scheme shall organize Conference of preliminary
review which may be integrated with the summary conference of the sector.
- The Ministry of Labor, War Invalids and Social
Affairs – the standing agency of the Scheme shall hold a meeting of the
Executive committee of Scheme at the end of year to unify in generally
directing, to promptly correct and overcome shortcomings, remove difficulties.
Coordinating with the agency taking the main responsibility for each Sub-scheme
and locality to build the assessment criteria for the effectiveness of carrying
out the Scheme.
- In 2016 summarizing the stage of 2013-2016.
III. FUNDING FOR IMPLEMENTATION OF THE SCHEME
DURING 2013 – 2016
1. At the central
The funding for implementation of the Scheme
shall comply with regulation approved in the Scheme 31 by the Prime Minister
and the official dispatch No. 6455/BTP-PBGDPL, of August 14, 2012, of the
Ministry of Justice, on implementing the Decision No. 409/QD-TTg, of April 09,
2012, of the Prime Minister.
The agencies taking the main responsibility for
each Sub-scheme shall actively comply with the Decision No. 409/QD-TTg, of
April 09, 2012 (Section 1, part IV – implementation organization): “Ministries,
sectors taking the main responsibility for schemes in this action program
shall, base on the content and implementation progress of each scheme as well
as the current expenditure regime, build the funding estimation, including in
the annual budget estimations of ministries, sectors and send them to the
Ministry of Finance for general summarization”.
2. In localities
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B. IMPLEMENTATION APPOINTMENT
I. At the central
1. The Executive committee of Scheme shall direct,
urge and guide Ministries, sectors, localities in the timely, intensive and
effective implementation of Scheme; monitor implementation of the Plan in
nationwide.
Organizing the meetings of the Executive
committee, the secretary team of Scheme in order to inform on the
implementation result of Scheme; assess activities in implementation of Scheme.
2. Agencies, organizations taking main
responsibility for each Sub-scheme shall, base on this Plan and content of the
Scheme 31, annually build the detailed plan of their sector (defining
particularly the progress, locations…); organize examination and assessment of
implementation results of Scheme and periodically report the result to the
Executive committee of Scheme before 25th of the final month of the quarter for
quarter report and before December 25 of year for annual report.
Actively formulating the finance plan and make
finalization with the Ministry of Finance for the assigned funding part and sending
reports to the Ministry of Labor, War Invalids and Social Affairs to summarize
and report to the Prime Minister.
II. In localities
1. The provincial People’s Committees shall
build the plan on carrying out Scheme 31 during 2013 – 2016 and ensure funding
for implementation of Scheme 31 as prescribed in the State Budget Law;
Organizing examination and summarization of the
Scheme-31 implementation and reporting to the Executive Committee of Scheme 31
before December 15 every year.
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Biannually (before June 15), annually (before
November 15) reporting the implementation result to the Ministry of
Labor, War Invalids and Social Affairs (through the
Department of Legal Affairs).
3. Departments, sectors assigned to take the
main responsibility for implementation of Sub-schemes shall assume the prime
responsibility for, and coordinate with the provincial Departments of
Labor, War Invalids and Social Affairs in formulation of
implementation plan. Concurrently, strictly implement the responsibilities for
information, reports, proposals for the Standing agencies of Scheme in timely
seizing situations and directing, guiding in closer manner, serving in better
manner for conducting tasks of agencies, unit.
Coordinating with relevant agencies in
implementation of Scheme 31.