Classification of acceptance of collective labor agreements in enterprises in Ho Chi Minh City.

DECISION

REGARDING THE DECENTRALIZATION OF RECEIVING COLLECTIVE LABOR AGREEMENTS IN ENTERPRISES IN HO CHI MINH CITY

HO CHI MINH CITY PEOPLE'S COMMITTEE

Based on the Law on Organization of Local Government dated June 19, 2015;

Based on the Labor Code dated June 18, 2012;

Based on the proposal of the Director of the Department of Labor, War Invalids and Social Affairs in Submission No. 29160/TTr-SLĐTBXH dated November 23, 2016 and the opinion of the Director of the Department of Justice in Official Letter No. 7322/STP-VB dated September 5, 2016.

DECISION:

Article 1. The current classification for receiving collective labor agreements from enterprises in Ho Chi Minh City is as follows:

1. The Department of Labor, War Invalids and Social Affairs is authorized to receive collective labor agreements from enterprises for the following purposes:
2. a) A limited liability company with 100% state-owned capital is the parent company of a state-owned economic group, the parent company of a state-owned corporation, or the parent company in a parent-subsidiary group; an independent limited liability company with 100% state-owned capital; or a joint-stock company with more than 50% state-owned capital;
3. b) Foreign investors as defined by the Investment Law;
4. c) Non-profit representative offices in Vietnam of foreign economic, commercial, financial, banking, insurance, scientific-technical, cultural, educational, medical, and legal consulting organizations;
5. d) State administrative agencies, organizations, and public service units under the city's departments, boards, and associations that employ workers under labor contracts; state administrative agencies, organizations, and public service units under the central government located in the city that employ workers under labor contracts.
6. The authority to receive collective labor agreements from enterprises is delegated to the People's Committees of districts and counties for the following purposes:
7. a) Single-member limited liability companies, joint-stock companies not covered by Clause 1 of this Article, limited liability companies with two or more members, partnerships, and private enterprises;
8. b) State administrative agencies, organizations, and public service units under the district/county administration that hire and employ workers under labor contracts.
9. c) Cooperatives and individuals who hire or employ workers under labor contracts.
10. When implementing the decentralization as stipulated in this Decision, the Director of the Department of Labor, War Invalids and Social Affairs and the Chairpersons of the People's Committees of districts and counties shall use the seals of their respective units.
11. The People's Committees of districts and counties are responsible for reporting the receipt of enterprise collective labor agreements to the Department of Labor, War Invalids and Social Affairs on a quarterly and annual basis. The Department of Labor, War Invalids and Social Affairs is responsible for compiling and reporting to the City People's Committee on the situation of implementing the decentralization of receiving enterprise collective labor agreements in the city.

Article 2. This decision takes effect from January 1, 2017.

Article 3. The Chief of the City People's Committee Office, the Director of the Department of Internal Affairs, the Director of the Department of Justice, the Director of the Department of Labor, War Invalids and Social Affairs, the Chairpersons of the People's Committees of districts and counties, and the heads of relevant agencies are responsible for implementing this Decision.

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