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THE
MINISTRY OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
13/2009/TT-BLDTBXH
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Hanoi,
May 06, 2009
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CIRCULAR
GUIDING THE STATE MANAGEMENT OF LABOR IN INDUSTRIAL ZONES,
EXPORT PROCESSING ZONES, ECONOMIC ZONES AND HI-TECH ZONES
Pursuant to the Labor Code
passed by the 9th National Assembly of the Socialist Republic of
Vietnam in the 5th session on June 23, 1994; and the Laws on
amending and supplementing a number of articles of the Labor Code on 2002,
2006, and 2007;
Pursuant to the Government's
Decree No. 99/2003/ND-CP on August 28, 2003 on the Regulation on Hi-tech zones;
Pursuant to the Government's
Decree No. 29/2008/ND-CP on March 14, 2008 on industrial zones, export
processing zones and economic zones;
Pursuant to the Government's
Decree No. 186/2007/ND-CP on December 25, 2007 on defining the functions,
tasks, powers and organizational structure of the Ministry of Labor, War
Invalids and Social Affairs;
The Ministry of Labor, War
Invalids and Social Affairs guides the State management of labor in industrial
zones, export processing zones, economic zones and hi-tech zones as follows:
Article 1.
Scope of regulation
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Article 2.
Subjects of application
This Circular is applicable to:
- People’s Committees of
central-affiliated cities and provinces (hereinafter referred to as provincial
People’s Committees);
- People’s Committees of
communes, districts, towns and cities affiliated to provinces;
- The agencies in charge of
State management of labor of central-affiliated cities and provinces
(hereinafter referred to as Services of Labor, War Invalids and Social
Affairs);
- The Management boards of
industrial zones, export processing zones, economic zones, and Hi-tech zones
(hereinafter referred to as Management boards of industrial zones);
- Enterprises, organizations and
individuals related to the State management of labor in industrial zones.
Article 3.
The State management of labor in industrial zones
1. Some primary contents of the
State management of labor in industrial zones:
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b) Making statistics on: the
employees; the living standards, the incomes and houses of the employees in
industrial zones.
c) Getting the information about
the employers and the internal Union organization of each enterprise.
d) Propagating and disseminating
the legal documents on labor to the employers and employees in industrial
zones;
dd) Guiding the establishment of
harmonious, stable and developed labor relations in enterprises;
e) Guiding the enterprise and
employees to properly implement the law provisions on: labor contract;
collective labor agreement; salaries; labor discipline, financial
responsibility; labor hygiene and safety; working hours, resting time; the
Union; labor disputes; social insurance; unemployment insurance.
f) Inspecting the compliance with
law provisions on labor and law provisions on social insurance, and handling
violations of law provisions on labor;
g) Settling the labor disputes
as prescribed by law.
2. The responsibilities for
State management of labor in industrial zones
a) Provincial People’s
Committees are in charge of State management of labor in industrial zones.
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c) Management boards of
industrial zones shall perform some tasks in the State management of labor in
industrial zones under the delegation from Services of Labor, War Invalids and
Social Affairs.
Article 4.
Delegating the performance of some tasks in the State management of labor in
industrial zones
The delegation of the
performance of some tasks in the State management of labor in industrial zones
is guided as follows:
1. Delegation principles
a) Ensuring the efficiency of
the State management of labor in industrial zones.
b) Facilitating the production
and business of enterprises in the industrial zone.
c) Unifying the delegation
contents congruently with the management mechanism of the Management board of
the industrial zone.
d) The Management board of the
industrial zone must directly perform the delegated tasks and be responsible to
the delegating agency and before the law.
2. Form of delegation
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3. Delegation contents
The parties shall reach the
agreement on delegating all or some of the following contents, depending on the
practical conditions of each locality and the mechanism of the Management board
of the industrial zone:
a) Issuing, re-issuing,
extending, revoking the labor licenses of foreigners working in the industrial
zone; this task shall be performed in accordance with the guidance in the
following legal documents:
- The Government's Decree No.
34/2008/ND-CP on March 25, 2008 on the recruitment and management of foreigners
working in Vietnam.
- The Circular No.
08/2008/TT-BLDTBXH on June 10, 2008 of the Ministry of Labor, War Invalids and
Social Affairs on guiding the implementation of a number of articles of the
Government's Decree No. 34/2008/ND-CP on March 25, 2008 on the recruitment and
management of foreigners working in Vietnam.
b) Issuing, re-issuing labor
books to Vietnamese employees working in the industrial zone; this task shall
be performed in accordance with the guidance in the following legal documents:
- The Circular No. 18/LDTBXH-TT
on May 31, 1994 of the Ministry of Labor, War Invalids and Social Affairs on
the issuance, management and use of labor books.
- The Circular No. 10/LDTBXH-TT
on May 22, 1996 of the Ministry of Labor, War Invalids and Social Affairs
further guiding the issuance, management and use of labor books.
c) Registering the labor
regulations of enterprises in the industrial zone; this task shall be performed
in accordance with the guidance in the following legal documents:
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- The Government's Decree No.
33/2003/ND-CP on April 02, 2003 amending and supplementing a number of articles
of the Government's Decree No. 41/CP on July 06, 1995 detailing and guiding the
implementation of a number of articles of the Labor Code applicable to labor
discipline and financial responsibility.
- The Circular No.
19/2003/TT-BLDTBXH on September 22, 2003 of the Ministry of Labor, War Invalids
and Social Affairs guiding the Government's Decree No. 33/2003/ND-CP applicable
to labor discipline and financial responsibility.
d) Registering the collective
labor agreements of enterprises in the industrial zone; this task shall be
performed in accordance with the guidance in the following legal documents:
The Government's Decree No.
93/2002/ND-CP on November 11, 2002 amending and supplementing a number of
articles of the Government's Decree No. 196/CP on December 31, 1994 detailing
and guiding the implementation of a number of articles of the Labor Code
applicable to collective labor agreements.
dd) Registering the salary scale
system of enterprises in the industrial zone; this task shall be performed in
accordance with the guidance in the following legal documents:
- The Government's Decree No.
114/2002/ND-CP on December 31, 2002 detailing and guiding the implementation of
a number of articles of the Labor Code applicable to salaries.
- The Circular No.
12/2003/TT-BLDTBXH on May 30, 2003 of the Ministry of Labor, War Invalids and
Social Affairs on guiding the implementation of a number of articles of the
Government's Decree No. 114/2002/ND-CP on December 31, 2002 applicable to the
salaries of employees working in State-owned enterprises.
- The Circular No.
13/2003/TT-BLDTBXH on May 30, 2003 of the Ministry of Labor, War Invalids and
Social Affairs on guiding the implementation of a number of articles of
the Government's Decree No. 114/2002/ND-CP on December 31, 2002
applicable to the salaries of employees working in enterprises operated under
the Law on Enterprise.
- The Circular No.
14/2003/TT-BLDTBXH on May 30, 2003 of the Ministry of Labor, War Invalids and
Social Affairs on guiding the implementation of a number of articles of the
Government's Decree No. 114/2002/ND-CP applicable to the salaries of employees
working in foreign-capitalized enterprises, and in foreign, international
agencies or organizations in Vietnam.
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e) Registering the plans for
sending employees to internships overseas under 90 days of enterprises in the industrial
zone; this task shall be performed in accordance with the guidance in the
following legal documents:
- The Law on Vietnamese
employees going to work overseas contractually in 2006.
- The Government's Decree No.
126/2007/ND-CP on August 01, 2007 detailing and guiding the implementation of a
number of articles of the Law on Vietnamese employees going to work overseas
contractually.
- The Circular No.
21/2007/TT-BLDTBXH on October 08, 2007 of the Ministry of Labor, War Invalids
and Social Affairs on guiding the implementation of a number of articles of the
Law on Vietnamese employees going to work overseas contractually, and the
Government's Decree No. 126/2007/ND-CP on August 01, 2007 detailing and guiding
the implementation of a number of articles of the Law on Vietnamese employees
going to work overseas contractually.
f) Receiving reports on the
conclusion, performance and termination of labor contracts of enterprises in
the industrial zone; this task shall be performed in accordance with the guidance
in the following legal documents:
- The Government's Decree No.
44/2003/ND-CP on May 09, 2003 detailing and guiding the implementation of a
number of articles on labor contracts.
- The Circular No.
20/2003/TT-BLDTBXH on September 22, 2003 of the Ministry of Labor, War Invalids
and Social Affairs on guiding the implementation of a number of articles of the
Government's Decree No. 39/2003/ND-CP on April 18, 2003 detailing and guiding
the implementation of a number of articles of the Labor Code applicable to
employments.
- The Circular No.
21/2003/TT-BLDTBXH on September 22, 2003 of the Ministry of Labor, War Invalids
and Social Affairs on guiding the implementation of a number of articles of the
Government's Decree No. 44/2003/ND-CP on May 09, 2003 on labor contracts.
4. Responsibilities of agencies
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b) Apart from complying with
Clause 3 of this Article, the Services of Labor, War Invalids and Social
Affairs, Management boards of industrial zones shall also takes the following
responsibilities:
- Services of Labor, War
Invalids and Social Affairs shall cooperate with Management boards of
industrial zones to efficiently perform the tasks in State management of labor
in industrial zones.
- Every six (06) months and
every year, Management boards of industrial zones shall send reports on the
performance of the delegated tasks to Services of Labor, War Invalids and
Social Affairs, then the Services of Labor, War Invalids and Social Affairs
shall sum up and send reports to provincial People’s Committees and the
Ministry of Labor, War Invalids and Social Affairs.
For industrial zones situated in
multiple provinces, their Management boards must send the reports to the
Services of Labor, War Invalids and Social Affairs of such provinces for
supervising in cooperation.
- Management boards of
industrial zones shall cooperate with the Presidents of the People’s Committees
of communes to settle the collective labor disputes over the rights arising in
the enterprises within their industrial zones
Article 5.
Implementation provisions
1. This Circular takes effect
after 45 days as from its signing.
The Decision No.
1414/1997/QD-BLDTB&XH on November 17, 1997 of Minister of Labor, War
Invalids and Social Affairs on the delegation of some tasks in labor management
to the Management boards of industrial zones, export processing zones, Hi-tech
zones of central-affiliated cities and provinces is annulled
2. Within 30 days after the
effective date of this Circular, the provincial People’s Committees must direct
Services of Labor, War Invalids and Social Affairs to delegate Management
boards of industrial zones as prescribed in Article 4 of this Circular.
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4. It is recommended to send feedbacks
on the difficulties to the Ministry of Labor, War Invalids and Social Affairs
for prompt guidance and supplement.
FOR
THE MINISTER
DEPUTY MINISTER
Nguyen Thanh Hoa
ANNEX
THE LETTER OF DELEGATION OF THE PROVINCIAL SERVICE
OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS TO THE MANAGEMENT BOARD OF THE
INDUSTRIAL ZONE, EXPORT PROCESSING ZONE, ECONOMIC ZONE, OR HI-TECH ZONE
(Promulgated
together with the Circular No. 13/2009/TT-BLDTBXH on May 06, 2009 of the
Ministry of Labor, War Invalids and Social Affairs)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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LETTER
OF DELEGATION
of
some tasks in the State management of labor in ………….
(specify
the name of the industrial zone, export processing zone, economic zone, or
hi-tech zone)
Pursuant to the Labor Code
passed by the 9th National Assembly of the Socialist Republic of Vietnam in the
5th session on June 23, 1994; and the Laws on amending and supplementing a
number of articles of the Labor Code on 2002, 2006, and 2007;
Pursuant to ………… (Specify the
Government's Decree No. 99/2003/ND-CP on August 28, 2003 on the Regulation on
Hi-tech zones, or the Government's Decree No. 29/2008/ND-CP on March 14, 2008
on industrial zones, export processing zones and economic zones);
Pursuant to the Circular No.
13/2003/TT-BLDTBXH on May 06, 2009 of the Ministry of Labor, War Invalids and
Social Affairs on guiding the State management of labor in industrial zones,
export processing zones, economic zones, and Hi-tech zones.
The Service of Labor, War
Invalids and Social Affairs of ……………… (specify the central-affiliated city
or province) delegates the Management board of ……. (specify the name of
the Management board) to perform some tasks in the state management of labor in
industrial zones, export processing zones, economic zones and hi-tech zones
under the following contents:
Article 1. The delegated
tasks
……. (specify the task as guided in
Article 4 of this Circular)
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The Service of Labor, War
Invalids and Social Affairs of ……………… (specify the central-affiliated city
or province) is responsible for guiding, supervising and inspecting the
performance of the tasks delegated to the Management board of ………… (specify
the name of the industrial zone, export processing zone, or Hi-tech zone)
The Management board of …. (specify
the name of the industrial zone, export processing zone, or Hi-tech zone) is
responsible for performing the tasks stated in Article 1 in accordance with
laws, and sending reports on the such performance every 6 months and every year
to the Service of Labor, War Invalids and Social Affairs of ……….. (specify the
name of the central-affiliated city or province where the delegation is made)
and to the Services of Labor, War Invalids and Social Affairs of the provinces
where the head office of the Management board of the industrial zone is
situated.
Article 3. Delegation period
(if any)
From ………… to …………
This Letter of delegation is
effective during the period specified in Article 3 (if any), but shall be
invalidated if the delegation is prohibited by laws.
This Letter of delegation is
made on ………………………….
REPRESENTATIVE
OF THE DELEGATING PARTY
THE
DIRECTOR OF THE SERVICE OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS
(sign and append the seal)
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THE
DIRECTOR OF THE MANAGEMENT BOARD OF ……..
(specify the name of the industrial zone, export processing zone, or
Hi-tech zone)
(sign and append the seal)