[DECISION] ON PROMULGATION OF PLAN FOR IMPLEMENTATION OF THE LABOUR CODE NO. 45/2019/QH14

          THE MINISTRY OF LABOUR -    SOCIALIST REPUBLIC OF VIETNAM

       INVALIDS AND SOCIAL AFFAIRS                 Independence - Freedom - Happiness

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                      No. 641/QD-LDTBXH                        Hanoi, June 8, 2020

 

DECISION

ON PROMULGATION OF PLAN FOR IMPLEMENTATION OF 

THE LABOUR CODE NO. 45/2019/QH14

THE MINISTER OF LABOUR - INVALIDS AND SOCIAL AFFAIRS  

Pursuant to the Labour 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, duties, authorities and organizational structure of the

Ministry of Labour - 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 General of Department of Legal Affairs.

 DECIDES:

Article 1. Issue together with this Decision the Plan for implementation of the

Labour 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

 

 

Dao Ngoc Dung

PLAN

FOR IMPLEMENTATION OF THE LABOUR CODE NO. 45/2019/QH14

(Promulgated with Decision No. 641/QD-LDTBXH dated June 8, 2020 of the Minister of Labour - Invalids and Social Affairs)

The Labour 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 Labour Code).

In order to implement the Labour Code in a consistent, synchronous and effective manner, the Ministry of Labour - Invalids and Social Affairs shall promulgate a Plan for implementation of the Labour Code with the following main contents:

I. PURPOSE, REQUIREMENTS 1. Purpose

  1. 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 Labour Code to ensure its provisions are implemented in practice.
  2. Raise awareness and responsibilities for the implementation of the Labour Code by all levels, sectors, agencies, organizations and the people.
  3. Raise awareness of the compliance with the labour law for employees, employers, employee representative organizations, and employer representative organizations.

2. Requirements

  1. Ensure the consistent, synchronous and effective implementation of the Labour Code.
  2. 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 Labour Code 2012 and other legislative documents related to the Labour Code 2012

  1. Description: Review legislative documents elaborating and guiding the implementation of the Labour Code 2012 and other legislative documents related to the Labour 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 Labour Code 2019, and then send a final report to the Prime Minister.
  2. Lead agency: the Ministry of Labour - Invalids and Social Affairs
  • Advisory lead unit: Department of Legal Affairs
  • Coordinating units: units affiliated to Ministries
  1. 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 Labour Code 2012 and legislative documents related to the Labour Code 2012.
  2. Deadline: July 2020.

2. Formulate and promulgate documents elaborating and guiding the implementation of the Labour Code (hereinafter referred to as guiding documents)

  1. Description: Study and formulate 14 Decrees of the Government, 01 Decision of the Prime Minister and 07 Circulars of the Minister of Labour - Invalids and Social Affairs elaborating and guiding the implementation of the Labour Code.
  2. Lead agency: the Ministry of Labour - 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 Labour - Invalids and Social Affairs on working program in 2020 of the Ministry of Labour - Invalids and Social Affairs.

  1. Coordinating agencies: Ministry of Justice, Government Office, ministries, sectors, Vietnam General Confederation of Labour, Vietnam Chamber of Commerce and Industry, Vietnam Union of Cooperatives and People's Committee of provinces.
  2. Deadline and list of documents

Deadline and list of guiding documents of the Labour 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 Labour Code and guiding documents thereof

3.1. Introduce and disseminate new contents of the Labour Code and guiding documents thereof to employers and employees in the appropriate forms in each administrative division; translate the Labour Code and guiding documents thereof into English

a) Description:

  • Introduce and disseminate new contents of the Labour 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 Labour Code, leaflets, etc.).
  • Translate full text of the Labour Code into English; publish the English - Vietnamese bilingual Labour Code book, publish the book's content on the website; translate certain guiding documents into English and post them on the website.
  1. Lead agency: the Ministry of Labour - Invalids and Social Affairs
  2. Coordinating agencies: Vietnam General Confederation of Labour, Vietnam Chamber of Commerce and Industry, Vietnam Union of Cooperatives and People's Committees of provinces.
  3. Implementing units: Department of Legal Affairs, regulatory agencies affiliated to the Ministry and Department of Labour - Invalids and Social Affairs of provinces.
  4. Time for performance: from December 2019 to December 2021.

3.2. Write columns, news and articles and produce programs to disseminate the

Labour Code and guiding documents on the press, radio and television

  • Lead agency: the Ministry of Labour - Invalids and Social Affairs
  • Coordinating agencies: Central and local press, radio and television agencies and relevant agencies.
  • Implementing units: Department of Legal Affairs, Newspapers of Labour - Social Affairs, Magazine Labour – Social Affairs, Departments of Labour - Invalids and Social Affairs of provinces.
  • Time for performance: Regularly.

4. Provide training courses for the system of labour authorities to implement the new content of the Code

a) Description:

  • Compile practice manuals, training materials for the system of labour authorities to implement the new content of the Code.
  • Provide training courses for the system of labour authorities to implement the new content of the Code Entities to be trained: (1) Staff of Labour - 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.
  1. Lead agency: the Ministry of Labour - Invalids and Social Affairs
  2. 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 Labour, Vietnam Chamber of Commerce and Industry, Vietnam Union of Cooperatives.
  3. Implementing units: Department of Legal Affairs, Department of labour 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 Labour Code

a) Description:

  • Develop schemes and plans for arranging organization, structure and state regular payroll of departments, divisions of Labour - Invalids and Social Affairs, labour Arbitration Council, labour mediators, etc. to implement the new content of the Labour Code.
  • Arrange the organization, structure and state regular payroll to implement the new content of the Labour Code according to the approved scheme.
  1. Lead agency: the Ministry of Labour - Invalids and Social Affairs.
  2. Coordinating agencies: Ministry of Home Affairs, People's Committees of provinces, Vietnam General Confederation of Labour, Vietnam Chamber of Commerce and Industry, Vietnam Union of Cooperatives.
  3. Implementing units: Department of Industrial 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 Labour Code

6.1. Dialogue on labour law

  1. Description: Conduct dialogue/exchange/Q&A about the labour law in order to remove difficulties and problems during the application of the Labour Code or promptly promulgate or request the competent authorities to promulgate legislative documents to deal with these difficulties and problems.
  2. Mode: through legal dialogue conferences with enterprises, employees, labour authorities, etc.
  3. Lead agency: the Ministry of Labour - Invalids and Social Affairs
  4. Coordinating agencies: Vietnam General Confederation of Labour, 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 Industrial Relations - Wages, Department of Work Safety, Department of Social Insurance.

e) Time for performance: Every year, mainly in 2021, 2022, 2023.

6.2. Inspect the implementation of the Labour Code

  1. Description: Inspect the implementation of the Labour Code in local governments and enterprises on an annual basis in order to promptly detect violations and take remedial measures.
  2. Lead agency: the Ministry of Labour - Invalids and Social Affairs
  3. Coordinating agencies: Government Office, Ministry of Justice and relevant ministries and central authorities.
  4. Implementing units: Department of Legal Affairs taking charge and cooperating with Ministerial Inspectorate and Departments of Labour - 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

Labour Code

  1. Description: Make a preliminary review of the implementation of the Labour Code, summarize the implementation results, problems and difficulties in 3 years of implementing the Labour Code.
  2. Lead agency: the Ministry of Labour - Invalids and Social Affairs
  3. Coordinating agencies: Ministry of Justice, Government Office, ministries, sectors, Vietnam General Confederation of Labour, Vietnam Chamber of Commerce and Industry, Vietnam Union of Cooperatives and People's Committee of provinces.
  4. 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

  1. The Department of Legal Affairs, the units affiliated to the Ministry, the Departments of Labour - Invalids and Social Affairs of the provinces and relevant agencies and units shall perform the tasks assigned in this Plan.
  2. On the basis of this Plan, agencies of Labour - 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.
  3. 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

  1. 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).
  2. 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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