Decision No. 579/QD-LDTBXH of April 10, 2013, 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

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

Article 1. To promulgate together with this Decision the plan on implementation of the Scheme on law propagation and dissemination of for employees and employers in enterprises of all types during 2013 – 2016.

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 PLAN

ON IMPLEMENTATION OF THE SCHEME ON “LAW PROPAGATION AND DISSEMINATION FOR EMPLOYEES AND EMPLOYERS IN ENTERPRISES OF ALL TYPES DURING 2013 – 2016
(Promulgated together with the Decision No. 579/2013/QD-LDTBXH of April 10, 2013, of the Minister of Labor, War Invalids and Social Affairs)

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

1. Formulation and completion of the policies

- 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.

- Sub-scheme 1: Annually coordinate with the Ministry of Justice, the Vietnam General Confederation of Labor, Vietnam Cooperative Union, Vietnam Chamber of Commerce and Industry in order to:

+ 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;

c. Strengthening the periodical examinations on execution of labor law and other laws relating to activities of enterprises as well as rights and obligations of citizens and employees, applying rewarding, appropriate discipline;

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.

Time of examination is on the head of Quarter IV every year.

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

The funding for implementation of the Scheme in a locality is covered by the local budget. Annually, the People’s Committees of provinces and centrally-run cities shall, base on the operation contents of the Scheme in their localities, make the expenditure estimation and submit them to the People’s Councils at the same levels for approval.

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.

2. The provincial Departments of Labor, War Invalids and Social Affairs as the agencies taking the main responsibility for Scheme shall formulate and submit the plan on implementation of Scheme 31 during 2013-2016 to the provincial People’s Committees.

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.