Nghị định 53/2014/NĐ-CP quy định việc cơ quan quản lý nhà nước lấy ý kiến tổ chức đại diện người lao động, tổ chức đại diện người sử dụng lao động trong việc xây dựng chính sách, pháp luật về lao động và những vấn đề quan hệ lao động

DECREE

PROVIDING THE CONSULTATION BY STATE MANAGEMENT AGENCIES WITH ORGANIZATIONS REPRESENTING EMPLOYEES AND EMPLOYERS IN THE FORMULATION OF LABOR POLICIES AND LAW AND INDUSTRIAL RELATION ISSUES

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

Pursuant to the June 18, 2012 Labor Code;

At the proposal of the Minister of Labor, War Invalids and Social Affairs,

After reaching agreement with the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, the Vietnam Cooperative Alliance and the Vietnam Association of Small- and Medium- Sized Enterprises, the Government promulgates the Decree to provide the consultation by state management agencies with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues.

Article 1. Scope of application

This Decree provides principles, contents and forms of consultation by state management agencies with organizations representing employees and employers at the central level in the formulation of labor policies and law and industrial relation issues.

Article 2. Subjects of application

1. The state management agency provided in this Decree which is the Ministry of Labor, War Invalids and Social Affairs.

2. The Vietnam General Confederation of Labor.

3. The central-level organizations representing employers provided in this Decree which are the Vietnam Chamber of Commerce and Industry, the Vietnam Cooperative Alliance and the Vietnam Association of Small- and Medium- Sized Enterprises.

4. Agencies, organizations and individuals relating to the implementation of this Decree.

Article 3. Principles of consultation

The consultation of organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues must comply with law and respect the rights and legitimate interests of employees and employers.

Article 4. Contents of consultation

1. Labor policies and law concerning the rights and legitimate interests of employees and employers in the industrial relation.

2. Measures for prevention and settlement of labor disputes.

3. Reports on the implementation of the International Labor Organization’s conventions ratified by the Socialist Republic of Vietnam.

Article 5. Forms of consultation

1. Written consultation.

2. Consultation through drafting committees, editorial boards, steering committees and research committees in which organizations representing employees and employers participate.

3. Consultation at meetings, seminars, forums and consultation conferences in which organizations representing employees and employers participate.

Article 6. Responsibility of state management agencies for consultation

1. To consult organizations representing employees and employers in the process of formulation of labor policies and law concerning the rights and legitimate interests of employees and employers in the industrial relation.

Past the time limit for consultation, state management agencies shall summarize opinions of the organizations representing employees and employers and related agencies and organizations, report on assimilation and explanation of opinions, and submit them to competent agencies for promulgation, or promulgate according to their competence such policies and law.

2. To consult organizations representing employees and employers in the process of formulation and implementation of programs on coordinated action in prevention and settlement of labor disputes; to assess the implementation of measures for prevention and settlement of labor disputes.

3. To consult organizations representing employees and employers in the elaboration of national reports at the request of the Government on the implementation of the International Labor Organization’s Convention ratified by the Socialist Republic of Vietnam relating to the rights and legitimate interests of employees and employers in the industrial relation.

4. To hold meetings, conferences, seminars, forums and consultation conferences on law policies and law and industrial relation issues, and summarize and report them under regulations.

5. To propose measures to maintain and develop the industrial relation, and send them to stakeholders, and report them to the Prime Minister.

Article 7. Responsibilities of the Vietnam General Federation of Labor and central-level organizations representing employers to give opinions at the request of state management agencies

1. To collect and summarize opinions, and join state management agencies in formulating labor policies and law relating to the rights and legitimate interests of employees and employers in the industrial relation.

2. To coordinate with other agencies in implementing programs of action on prevention and settlement of labor disputes; to assess the implementation of measures to prevent and settle labor disputes.

3. To participate in the elaboration of national reports at the request of state management agencies on the implementation of the International Labor Organization’s Convention ratified by the Socialist Republic of Vietnam relating to the rights and legitimate interests of employees and employers in the industrial relation.

4. To coordinate with other agencies in holding and participating in meetings, conferences, seminars, forums and consultation conferences on labor policies and law and industrial relation issues.

5. To summarize and report periodically (biannually or annually) or unexpectedly on the industrial relation, to propose measures to maintain and develop the industrial relation within the scope of their functions and tasks, and submit them to state management agencies for summarization and reporting to competent agencies.

Article 8. Effect

1. This Decree takes effect on July 15, 2014.

2. Decree No. 145/2004/ND-CP of July 14, 2004, detailing the Labor Code regarding the Vietnam General Confederation of Labor’s and employer representatives’ contribution of opinions to state agencies on labor polices and law and industrial relation issues, ceases to be effective from the effective date of this Decree.

Article 9. Implementation responsibilities

1. The Minister of Labor, War Invalids and Social Affairs shall guide the implementation of this Decree regarding consultation of the organizations representing employees and employers in localities after reaching agreement with the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, the Vietnam Cooperative Alliance and the Vietnam Association of Small- and Medium-Sized Enterprises.

2. The chairperson of the Vietnam General Federation of Labor shall guide and organize the implementation of this Decree among trade unions at all levels; the chairpersons of the Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance, and Vietnam Association of Small- and Medium-Sized Enterprises shall guide and organize the implementation of this Decree among member organizations and enterprise associations.

3. Ministers, heads of ministerial-level agencies, heads of government- attached agencies, and chairpersons of provincial-level agencies shall implement this Decree.-