Nghị định 200/2013/NĐ-CP hướng dẫn Điều 11 Luật công đoàn về quyền, trách nhiệm của công đoàn trong việc tham gia quản lý nhà nước, quản lý kinh tế - xã hội

NGHỊ ĐỊNH

QUY ĐỊNH CHI TIẾT ĐIỀU 11 LUẬT CÔNG ĐOÀN VỀ QUYỀN, TRÁCH NHIỆM CỦA CÔNG ĐOÀN TRONG VIỆC THAM GIA QUẢN LÝ NHÀ NƯỚC, QUẢN LÝ KINH TẾ - XÃ HỘI

Căn cứ Luật tổ chức Chính phủ ngày 25 tháng 12 năm 2001;

Căn cứ Luật công đoàn ngày 20 tháng 6 năm 2012;

Theo đề nghị của Bộ trưởng Bộ Nội vụ;

Sau khi thống nhất với Tổng Liên đoàn Lao động Việt Nam, Chính phủ ban hành Nghị định quy định chi tiết Điều 11 của Luật công đoàn về quyền, trách nhiệm của công đoàn trong việc tham gia quản lý nhà nước, quản lý kinh tế - xã hội,

DECREE

OF DETAILING ARTICLE 11 OF THE LAW ON TRADE UNIONS ON THE RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS TO PARTICIPATE IN STATE MANAGEMENT AND SOCIO-ECONOMIC MANAGEMENT

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

Pursuant to the June 20, 2012 Law on Trade Unions;

At the proposal of the Minister of Home Affairs,

After consulting the Vietnam General Confederation of Labor, the Government promulgates the Decree to detail Article 11 of the Law on Trade Unions on the rights and responsibilities of trade unions to participate in state management and socio-economic management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the rights and responsibilities of trade unions to participate in state management and socio-economic management.

Article 2. Subjects of application

1. Trade unions at all levels as prescribed by the Statute of the Trade Union of Vietnam, including:

a/ The Vietnam General Confederation of Labor;

b/ Federations of labor of provinces and centrally run cities (below referred to as provincial-level Federations of Labor); central industrial trade unions, and trade unions of corporations under the Vietnam General Confederation of Labor (below referred to as central industrial trade unions);

c/ Federations of labor of rural districts, urban districts, towns and provincial-level cities; educational trade unions of rural districts, urban districts, towns and provincial-level cities; local industrial trade unions; trade unions of industrial parks, export processing zones, economic zones, and hi-tech zones; trade unions of corporations under provincial-level trade unions and central industrial trade unions; trade unions of ministries, ministerial-level agencies, government-attached agencies, the National Assembly, Committees of the Party and central socio-political organizations (below referred to as trade unions at the grassroots’ immediate superior level);

d/ Grassroots trade unions, labor unions (below referred to as grassroots trade unions).

2. Officers, civil servants, public employees, workers and laborers (below referred to as employees).

3. State agencies, political organizations, socio-political organizations, socio-professional organizations, non-business units, enterprises and other organizations that employ laborers in accordance with the law on labor (below referred to as agencies, organizations and enterprises).

Article 3. Forms of participation

When formulating socio-economic development programs or plans of sectors, localities and units, and policies related to employees, agencies, organizations and enterprises shall invite trade unions at the same level to participate in the formulation in the following forms:

1. Giving written opinions to agencies, organizations and enterprises about the rights and legitimate interests of employees;

2. Participating in meetings, conferences and workshops on the rights and legitimate interests of employees held by agencies, organizations and enterprises;

3. Participating as members of committees or councils established by agencies, organizations and enterprises to settle matters related to the rights and legitimate interests of employees.

Article 4. Principles of coordination

1. Agencies, organizations and enterprises shall coordinate with trade unions at the same level in formulating and organizing the implementation of work coordination regulations, and annually review and evaluate the work coordination activity of the involved parties and formulate the common working programs and plans.

2. Ministries, sectors, People’s Committees at all levels, agencies, organizations and enterprises shall respect the right of employees to establish, join and operate trade unions in accordance with the Statute of the Trade Union of Vietnam; and recognize the established trade unions and create favorable conditions for them to operate.

Chapter II

RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS AT ALL LEVELS TO PARTICIPATE IN STATE MANAGEMENT AND SOCIO-ECONOMIC MANAGEMENT

Article 5. Rights and responsibilities of the Vietnam General Confederation of Labor to participate in state management and socio-economic management

1. To join related ministries and central sectors in formulating policies and laws on investment, vocational training, labor, employment, wage, wage allowances, social insurance, health insurance, unemployment insurance, occupational safety and sanitation, emulation and reward; grassroots democracy regulation, and establishment of harmonious, stable and progressive industrial relations in agencies, organizations and enterprises, and other legal policies related to the rights and responsibilities of trade unions and the rights and legitimate interests of employees. To coordinate with related ministries and sectors in elaborating, educating, propagandizing and disseminating laws to employees; to promptly settle problems arising in the course of implementation of regimes and policies related to employees.

2. To coordinate with related ministries and sectors in studying and proposing to the State programs on application of labor protection science, technologies and techniques; to participate in the elaboration and promulgation of standards and technical regulations on occupational safety and sanitation; and to participate in the formulation of regimes, policies and regulations on occupational safety, occupational disease prevention, industrial sanitation and environmental protection.

3. To coordinate with related ministries and sectors in directing, guiding and organizing patriotic emulation movements of employees.

4. To join as an official member of the National Wage Council, the Central Emulation and Reward Council; the Social Insurance Management Council and other national committees and councils related to the rights and responsibilities of trade unions and the rights and legitimate interests of employees.

5. To join agencies, organizations and enterprises in settling complaints and denunciations of employees and employee collectives in accordance with law in case complaints are further lodged after being settled.

Article 6. Rights and responsibilities of provincial-level trade unions to participate in state management and socio-economic management

1. To participate and coordinate with provincial-level People’s Committees in formulating laws, regimes and policies; to conduct propaganda and mobilization on, educate and disseminate laws and policies to employees; to organize inspection, examination and supervision the implementation of laws and policies directly related to workers and employees; to participate in the investigation of labor accidents and settlement of complaints and denunciations; to guide the settlement of labor disputes; and to represent and protect the rights and legitimate interests of employees in accordance with law.

2. To join provincial-level People’s Committees in formulating socio-economic development policies and plans and settling other matters related to livelihood, employment and working conditions of employees in their localities.

3. To join in provincial-level Emulation and Reward Councils; to coordinate with agencies, organizations and enterprises in guiding and organizing patriotic emulation movements of employees in their localities.

4. To join in provincial-level councils related to the rights and legitimate interests of employees in accordance with law.

Article 7. Rights and responsibilities of central industrial trade unions to participate in state management and socio-economic management

1. To participate in formulating laws, regimes and policies on labor, wage, labor protection, social insurance, health insurance and other regimes and policies related to the rights and legitimate interests of employees in their sectors.

2. To join competent state agencies in propagandizing, disseminating, educating and mobilizing employees to implement laws and policies on employees; to examine and supervise the implementation of regimes and policies related to the rights and legitimate interests of employees; to propose to competent agencies for supplementation, modification or implementation regimes and policies related to the rights and legitimate interests of employees in conformity with the characteristics and development requirements of their sectors.

3. To join ministries and sectors in formulating their sectors’ socio-economic development strategies.

4. To join in the Emulation and Reward Councils of ministries, departments and sectors; to coordinate with state management agencies in directing, guiding and organizing patriotic emulation movements of employees according to the characteristics of their sectors.

5. To join in councils established by ministries, departments and sectors and operating for the rights and legitimate interests of employees in their sector in accordance with law.

Article 8. Rights and responsibilities of trade unions at the grassroots immediate superior level to participate in state management and socio-economic management

1. To join state agencies and management agencies at the same level in implementing socio-economic development guidelines and settling matters related to the employment and livelihood of employees under their management.

2. To coordinate with state agencies and management agencies at the same level in elaborating laws; to educate, propagandize and disseminate laws to employees; to mobilize agencies, organizations and enterprises to apply labor protection science, technologies and techniques to production; to elaborate standards and regulations on occupational safety and sanitation, occupational disease prevention, industrial sanitation and environmental protection.

3. To coordinate with state agencies and management agencies at the same level in directing and guiding the implementation of democracy regulations in agencies, organizations and enterprises.

4. To coordinate with state agencies and management agencies at the same level in guiding and organizing patriotic emulation movements of employees under their management.

5. To join in same-level committees and councils operating for the rights and legitimate interests of employees in accordance with law.

Article 9. Rights and responsibilities of grassroots trade unions in agencies, organizations and public non-business units to participate in management of agencies and units

1. To coordinate with heads of agencies, organizations and units in organizing for officials, civil servants, public employees and laborers to participate in elaborating laws and implementing work programs and plans; to educate, propagandize and disseminate laws to employees; to organize patriotic emulation movements of employees under their management.

2. To join heads of agencies, organizations and units in organizing and improving the working style and administrative procedures in order to improve working quality and efficiency.

3. To join heads of agencies, organizations and units in settling complaints and denunciations of officials, civil servants, public employees and laborers in accordance with law.

4. To join heads of agencies, organizations and units in improving working conditions; to create a friendly and harmonious working environment in agencies, organizations and units.

5. To coordinate with heads of agencies, organizations and units in properly implementing democracy regulations in agencies and units.

6. To join in councils in considering and settling interests of trade union members, officials, civil servants, public employees and laborers.

Article 10. Rights and responsibilities of grassroots trade unions in enterprises and non-public non-business units to participate in management of enterprises and units

1. To join employers in formulating policies and laws, propagandize, educate and mobilize employees to implement laws and policies, collective labor agreements and the rights and legitimate interests related to employees in order to stabilize and develop enterprises.

2. To join employers in applying labor protection science, technologies and techniques; to elaborate standards and regulations on occupational safety and sanitation, occupational disease prevention, industrial sanitation and environmental protection at workplaces.

3. To join employers in promptly settling complaints and denunciations of employees in accordance with law.

4. To join employers in improving working conditions; to establish harmonious labor relations in enterprises.

5. To join in councils for considering and settling the rights and legitimate interests of employees in accordance with law.

6. To coordinate with employers in organizing emulation movements and implementing democracy regulations in enterprises in accordance with law.

Chapter III

IMPLEMENTATION PROVISIONS

Article 11. Effect

This Decree takes effect on February 1, 2014.

Article 12. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, trade unions at all levels, and related agencies, organizations, units and enterprises shall implement this Decree.-