Chương XV Luật Lao động 1994: Quản lý nhà nước về lao động

Chapter XV

STATE MANAGEMENT OF LABOR

Article 180.- The management of labor by the State shall consist of the following main points:

1- Monitoring labor demand and supply and their evolution as a basis for determining national policy, planning human resources, and distributing and employing labor resources of the whole society;

2- Promulgating and guiding the implementation of legal documents on labor;

3- Elaborating and organizing the implementation of national employment programs, moving population to create new economic zones and to send labor to work abroad;

4- Making policies on wages, social insurance, labor safety, labor sanitation and other policies on labor and social welfare, on the strengthening of labor relations at businesses;

5- Organizing and conducting scientific research on labor, and collecting statistics and information on labor, the labor market, the living standards and incomes of the laborers;

6- Inspecting and controlling the implementation of the labor legislation and handling the violations of the labor legislation, and settling labor disputes according to the provisions of this Code; and

7- Expanding cooperative relations with foreign countries and international organizations in labor matters.

Article 181.-

1- The Government shall exercise unified State management of labor on the national scale.

The Ministry of Labor, War Invalids and Social Welfare shall perform State management of labor at all branches and localities in the country.

2- The People's Committee at all levels shall exert State management of labor within its locality. The local Labor Office shall assist the People's Committee of the same level in its exercise of State management of labor, according to the assignment of responsibilities by the Ministry of Labor, War Invalids and Social Welfare.

3- The Vietnam General Confederation of Labor and the trade unions at all levels shall exercise State management in labor, as prescribed by law.

4- The State shall create conditions for the employer to make recommendations to the State agencies regarding matters of labor management and employment.

Article 182.- Within 30 days after the business begins operation, the employer must declare the use of labor and, in the process of operation of a business, the employer must report changes in the labor force to the local Labor Office, as prescribed by the Ministry of Labor, War Invalids and Social Welfare. Also within 30 days after the business terminates its operation, the employer must report to the local Labor Office about the cessation of the employment of labor.

At businesses employing more than 10 employees, the employer must maintain records regarding employees, their salaries and social insurance.

Article 183.- The employee shall be provided with a labor-registration record and records on salary and social insurance, as prescribed by law.

Article 184.-

1- The sending of Vietnamese citizens to work in a foreign country must be done only with the requisite permit from the Ministry of Labor, War Invalids and Social Welfare and other competent State authorities, as prescribed by law.

It is strictly forbidden to send people to work abroad in contravention of law.

2- The Ministry of Labor, War Invalids and Social Welfare shall issue labor permits to foreigners who enter into Vietnam to work for Vietnamese businesses, organizations and individuals, or for businesses with foreign investment capital in Vietnam, as provided in Article 133 of this Code, at the request of businesses, organizations or individuals who have the need to use labor.