THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS | SOCIALIST REPUBLIC OF VIETNAM |
No. 641/QD-LDTBXH | Hanoi, June 8, 2020 |
DECISION
ON PROMULGATION OF PLAN FOR IMPLEMENTATION OF THE LABOR CODE NO. 45/2019/QH14
THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
Pursuant to the Labor Code No. 45/2019/QH14 dated November 20, 2019;
Pursuant to the Government's Decree 14/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
Pursuant to the Prime Minister's Decision No. 24/QD-TTg dated January 6, 2020 on promulgation of the list of laws, codes and resolutions and lead agencies to preside over drafting of guiding documents thereof passed by the 14th National Assembly at 8th session.
At the request of Director of Department of Legal Affairs.
HEREBY DECIDES:
Article 1. Issue together with this Decision the Plan for implementation of the Labor Code No. 45/2019/QH14
Article 2. This Decision comes into force as of the date of signing.
Article 3. The Chief of the Ministry Office, Director of Department of Legal Affairs, Director of Department of Planning and Finance, Heads of units affiliated to Ministries, and relevant entities shall implement this Decision./.
| MINISTER |
PLAN
FOR IMPLEMENTATION OF THE LABOR CODE NO. 45/2019/QH14
(Issued together with Decision No. 641/QD-LDTBXH dated June 8, 2020 of the Minister of Labor, War Invalids and Social Affairs)
The Labor Code No. 45/2019/QH14 was passed by the 14th National Assembly of the Socialist Republic of Vietnam, on November 20, 2019 and announced by the President in Order No. 08/2019/L-CTN December 3, 2019 (hereinafter referred to as the Labor Code).
In order to implement the Labor Code in a consistent, synchronous and effective manner, the Ministry of Labor, War Invalids and Social Affairs shall promulgate a Plan for implementation of the Labor Code with the following main contents:
I. PURPOSE, REQUIREMENTS
1. Purpose
a) Determine checklist of tasks, deadlines, time for performance and responsibilities and coordination mechanism among units in the ministries, central authorities, People’s Committees and relevant agencies in implementing of the Labor Code to ensure its provisions are implemented in practice.
b) Raise awareness and responsibilities for the implementation of the Labor Code by all levels, sectors, agencies, organizations and the people.
c) Raise awareness of the compliance with the labor law by employees, employers, employee representative organizations, and employer representative organizations.
2. Requirements
a) Ensure the consistent, synchronous and effective implementation of the Labor Code.
b) The units affiliated to the Ministry, related agencies shall actively implement the Plan according to the checklist of tasks, time for performance, ensure quality, efficiency and economy; promptly detect, report and propose solutions to arising problems.
II. TASKS TO BE PERFORMED
1. Review and systematize legislative documents elaborating and guiding the implementation of the Labor Code 2012 and other legislative documents related to the Labor Code 2012
a) Description: Review legislative documents elaborating and guiding the implementation of the Labor Code 2012 and other legislative documents related to the Labor Code 2012 in order to list documents that need to be amended, documents that need to be annulled or promulgated to ensure compliance with the provisions of the Labor Code 2019, and then send a final report to the Prime Minister.
b) Lead agency: the Ministry of Labor, War Invalids and Social Affairs
- Advisory lead unit: Department of Legal Affairs
- Coordinating units: units affiliated to Ministries
c) Coordinating agencies: Ministries, ministerial-level agencies, Governmental agencies, the People’s Committees of provinces and central-affiliated cities (hereinafter referred to as provinces) which promulgated legislative documents elaborating and guiding the Labor Code 2012 and legislative documents related to the Labor Code 2012.
d) Deadline: July 2020.
2. Formulate and promulgate documents elaborating and guiding the implementation of the Labor Code (hereinafter referred to as guiding documents)
a) Description: Study and formulate 14 Decrees of the Government, 01 Decision of the Prime Minister and 07 Circulars of the Minister of Labor, War Invalids and Social Affairs elaborating and guiding the implementation of the Labor Code.
b) Lead agency: the Ministry of Labor, War Invalids and Social Affairs
The units affiliated to the Ministry are responsible for taking the lead in advising or coordinating to comply with the assignment in Decision No. 03/QD-LDTBXH dated January 2, 2020 of the Minister of Labor, War Invalids and Social Affairs on working program in 2020 of the Ministry of Labor, War Invalids and Social Affairs.
c) Coordinating agencies: Ministry of Justice, Government Office, ministries, sectors, Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Union of Cooperatives and People's Committee of provinces.
d) Deadline and list of documents
Deadline and list of guiding documents of the Labor Code shall conform to the Prime Minister's Decision No. 24/QD-TTg dated January 6, 2020 on promulgation of the list of laws, codes and resolutions and lead agencies to preside over drafting of guiding documents thereof passed by the 14th National Assembly at 8th session.
3. Propagate, disseminate and raise awareness of the Labor Code and guiding documents thereof
3.1. Introduce and disseminate new contents of the Labor Code and guiding documents thereof to employers and employees in the appropriate forms in each administrative division; translate the Labor Code and guiding documents thereof into English
a) Description:
- Introduce and disseminate new contents of the Labor Code and guiding documents thereof, mainly contents directly related to the rights and obligations of employees and employers (through seminars, conferences, mass media, internet, manuals on the application of the Labor Code, leaflets, etc.).
- Translate full text of the Labor Code into English; publish the English - Vietnamese bilingual Labor Code book, publish the book's content on the website; translate certain guiding documents into English and post them on the website.
b) Lead agency: the Ministry of Labor, War Invalids and Social Affairs
c) Coordinating agencies: Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Union of Cooperatives and People's Committees of provinces.
d) Implementing units: Department of Legal Affairs, regulatory agencies affiliated to the Ministry and Department of Labor, War Invalids and Social Affairs of provinces.
e) Time for performance: from December 2019 to December 2021.
3.2. Write columns, news and articles and produce programs to disseminate the Labor Code and guiding documents on the press, radio and television
- Lead agency: the Ministry of Labor, War Invalids and Social Affairs
- Coordinating agencies: Central and local press, radio and television agencies and relevant agencies.
- Implementing units: Department of Legal Affairs, Labor - Social Newspaper, Labor - Social Magazine, Departments of Labor, War Invalids and Social Affairs of provinces.
- Time for performance: Regularly.
4. Provide training courses for the system of labor authorities to implement the new content of the Code
a) Description:
- Compile practice manuals, training materials for the system of labor authorities to implement the new content of the Code.
- Provide training courses for the system of labor authorities to implement the new content of the Code Entities to be trained: (1) Staff of Labor, War Invalids and Social Affairs at all levels, (2) Staff of the Management Board of Industrial Zones, Export Processing Zones, Economic Zones, and High-Tech Parks.
b) Lead agency: the Ministry of Labor, War Invalids and Social Affairs
c) Coordinating agencies: the Ministry of Justice, the Ministry of Planning and Investment, Ministry of Industry and Trade, People's Committees of provinces, Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Union of Cooperatives.
d) Implementing units: Department of Legal Affairs, Department of Labor Relations and Wages and related agencies.
dd) Time for performance: from December 2019 to December 2021.
5. Arrange the organization, structure and state regular payroll to implement the new content of the Labor Code
a) Description:
- Develop schemes and plans for arranging organization, structure and state regular payroll of departments, divisions of Labor, War Invalids and Social Affairs, Labor Arbitration Council, labor mediators, etc. to implement the new content of the Labor Code.
- Arrange the organization, structure and state regular payroll to implement the new content of the Labor Code according to the approved scheme.
b) Lead agency: the Ministry of Labor, War Invalids and Social Affairs.
c) Coordinating agencies: Ministry of Home Affairs, People's Committees of provinces, Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Union of Cooperatives.
d) Implementing units: Department of Labor Relations and Wages, Department of Organization and Personnel and related agencies.
- Time for performance: from December 2019 to December 2021.
6. Inspect and make preliminary review of the implementation of the Labor Code
6.1. Dialogue on labor law
a) Description: Conduct dialogue/exchange/Q&A about the labor law in order to remove difficulties and problems during the application of the Labor Code or promptly promulgate or request the competent authorities to promulgate legislative documents to deal with these difficulties and problems.
b) Mode: through legal dialogue conferences with enterprises, employees, labor authorities, etc.
c) Lead agency: the Ministry of Labor, War Invalids and Social Affairs
d) Coordinating agencies: Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Union of Cooperatives and People's Committees of provinces.
dd) Implementing units: Department of Legal Affairs, Department of Labor Relations - Salary, Department of Labor Safety, Department of Social Insurance.
e) Time for performance: Every year, mainly in 2021, 2022, 2023.
6.2. Inspect the implementation of the Labor Code
a) Description: Inspect the implementation of the Labor Code in local governments and enterprises on an annual basis in order to promptly detect violations and take remedial measures.
b) Lead agency: the Ministry of Labor, War Invalids and Social Affairs
c) Coordinating agencies: Government Office, Ministry of Justice and relevant ministries and central authorities.
d) Implementing units: Department of Legal Affairs taking charge and cooperating with Ministerial Inspectorate and Departments of Labor, War Invalids and Social Affairs of provinces.
dd) Time for performance: every year, starting from 2022.
6.3. Hold a preliminary review conference of 3 years of implementation of the Labor Code
a) Description: Make a preliminary review of the implementation of the Labor Code, summarize the implementation results, problems and difficulties in 3 years of implementing the Labor Code.
b) Lead agency: the Ministry of Labor, War Invalids and Social Affairs
c) Coordinating agencies: Ministry of Justice, Government Office, ministries, sectors, Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Union of Cooperatives and People's Committee of provinces.
d) Implementing units: The Department of Legal Affairs taking charge and coordinating with the Office of the Ministry and relevant agencies.
dd) Time to hold a conference: March 2024.
III. IMPLEMENTATION
1. Responsibilities
a) The Department of Legal Affairs, the units affiliated to the Ministry, the Departments of Labor, War Invalids and Social Affairs of the provinces and relevant agencies and units shall perform the tasks assigned in this Plan.
b) On the basis of this Plan, agencies of Labor, War Invalids and Social Affairs at all levels are responsible for advising the People's Committee of the same level to issue a plan and organize the performance of assigned tasks in their administrative division and allocate resources for implementation; relevant ministries, central authorities, and relevant agencies shall promulgate plans and organize the implementation of their assigned tasks and allocate resources for the implementation.
c) The Department of Legal Affairs shall take charge, guide, oversee and urge units affiliated to the ministries, central authorities and local governments in the implementation of this Plan.
2. Funding for implementation
a) Funding for the performance of the tasks in this Plan shall be set aside from the state budget according to regulations and other lawful sources of funds (if any).
b) The Department of Planning and Finance shall take charge and coordinate with the Ministry's Office and the Department of Legal Affairs in advising the Ministry's leaders to set aside funds for the implementation of this Plan./.
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