Circular 17 / 2018 / TT-BLĐTBXH This applies to employers, collective labor representative organizations at the workplace, and state labor inspection agencies.
This Circular provides guidance on self-inspection of labor law implementation, online reporting of self-inspection results, and the responsibilities of employers, collective labor representative organizations at the workplace, and the State Labor Inspectorate.
Based on the established self-inspection schedule and plan, the employer establishes a self-inspection team and registers an account on the website to obtain the self-inspection form as the basis for the self-inspection.
Failure by agencies, organizations, businesses, and individuals to comply with self-inspection and reporting requirements as stipulated in this Circular will provide grounds for the state labor inspection agency to conduct surprise inspections or include the case in the following year's inspection plan. It will also be considered an aggravating circumstance in determining the level of administrative penalties, and if serious consequences result, criminal liability will be pursued and other forms of punishment will be applied as prescribed by law.
Self-inspection records, including self-inspection forms, self-inspection conclusions, the enterprise's self-inspection team establishment document, and any documents and records generated during the self-inspection process, must be kept in the enterprise's management files to serve as a basis for monitoring, analyzing, and formulating policies and solutions to improve compliance with labor laws within the enterprise.
Download the full Circular 17/2018/TT-BLDTBXH: https://expertis.vn/thong-tu-17-2018-tt-bldtbxh/
| MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS --- | SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness ----- |
| No.: 17/2018/TT-BLDTBXH | Hanoi, day 17 month 10 year 2018 |
CIRCULARS
REGULATIONS ON SELF-INSPECTION OF ENTERPRISES' COMPLIANCE WITH LABOR LAWS
Based on Decree No. 14/2012/ND-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Labour, Invalids and Social Affairs;
Based on Clause 4, Article 21 of Government Decree No. 110/2017/ND-CP dated October 4, 2017, regulating the organization and operation of the Inspectorate of the Ministry of Labor, War Invalids and Social Affairs;
As requested by the Chief Inspector of the Ministry;
The Minister of Labour, Invalids and Social Affairs issued a Circular guiding the self-inspection of the implementation of labor laws by enterprises.
Chapter I
GENERAL RULES
Article 1. Scope
This Circular provides guidance on self-inspection of labor law implementation, online reporting of self-inspection results, and the responsibilities of employers, collective labor representative organizations at the workplace, and the State Labor Inspectorate.
Article 2. Subject of application
This Circular applies to employers, collective labor representative organizations at the workplace, and state labor inspection agencies.
Article 3. Explain words
- Self-inspection of labor law compliance (hereinafter referred to as self-inspection) is the activity of independently collecting, analyzing, and evaluating the employer's compliance with labor law regulations at the production and business site.
- The website http://tukiemtraphapluatlaodong.gov.vn (hereinafter referred to as the website) is an online access address for linking, integrating, and posting information channels, documents, applications, and services in the field of labor for employees and employers to access and use.
- Online self-assessment reporting is when employers report the results of their self-assessment of labor law compliance on a website.
- An online self-assessment reporting account is an account registered by the employer to log in to the website to report self-assessment results, access and use information, documents, and applications in the labor field.
- A self-assessment form is a form that records the results of a self-assessment of the company's compliance with labor laws and regulations.
Download backup Circular 17/2018/TT-BLDTBXH:
Chapter II
SPECIFIED
Section 1: SELF-ASSESSMENT AND REPORTING OF ONLINE LABOR LAW SELF-ASSESSMENT RESULTS
Article 4. Self-inspection activities
- Employers must organize self-inspections of labor law compliance at their facilities at least once (01) a year to assess the level of labor law compliance and have solutions to improve compliance.
- The specific time for self-assessment is determined by the employer.
- Self-assessment period: from the first day of January of the previous year to the time of the inspection.
Article 5. Contents of self-inspection
1. The content of self-assessment of labor law includes:
a) The submission of periodic reports;
b) Recruitment and training of workers;
c) The conclusion and performance of labor contracts;
d) Dialogue, negotiation, and signing of collective labor agreements;
d) Working and rest hours;
e) Paying wages to employees;
g) Organizing and implementing occupational safety and health work;
h) Implementation of regulations concerning female workers, elderly workers, underage workers, workers with disabilities, and foreign workers;
i) Drafting and registering labor regulations; handling labor disciplinary actions, and compensation for material damages;
k) Participation in and monthly contributions to mandatory social insurance, unemployment insurance, and health insurance for employees who are required to participate;
l) Resolving labor disputes and complaints;
m) Other matters that the employer deems necessary.
2. Specific self-inspection content is designed as a self-inspection form for each production and business field posted on the website. Based on the main production and business field, the employer chooses one (01) or more self-inspection forms as the self-inspection content.
Article 6. Procedures for conducting self-inspection
Based on the established self-inspection schedule and plan, the employer establishes a self-inspection team and registers an account on the website to obtain the self-inspection form as the basis for the self-inspection.
The self-inspection team consists of: a representative of the employer as the team leader; team members who are labor and wage officers, occupational safety and health officers; representatives of the employees; and other relevant members as decided by the employer.
The self-inspection team compares each self-inspection item with the relevant current labor laws to analyze, compare, and conclude whether the enterprise complies with labor laws and proposes corrective measures for any non-compliance (if any). The self-inspection conclusion template is posted on the website and is regularly updated whenever there are changes in labor laws.
For matters requiring on-site inspection at production, business, or employee workplaces, the inspection team will conduct a self-assessment and, if necessary, immediately address any violations (if found).
Self-inspection records, including self-inspection forms, self-inspection conclusions, the enterprise's self-inspection team establishment document, and any documents and records generated during the self-inspection process, must be kept in the enterprise's management files to serve as a basis for monitoring, analyzing, and formulating policies and solutions to improve compliance with labor laws within the enterprise.
Article 7. Reporting of Self-Assessment Results
- Employers, in coordination with collective labor representatives at the workplace, shall submit online self-inspection reports upon written request from the State Labor Inspectorate.
- Employers, including branches, representative offices located locally, and units carrying out construction work in the locality, must report online their self-assessment of labor law compliance to their direct superior management agency and to the Inspectorate of the Department of Labor, War Invalids and Social Affairs where the branch, representative office, or construction unit is operating.
Section 2: OBLIGATIONS OF EMPLOYERS, RIGHTS OF COLLECTIVE LABOR REPRESENTATIVES AT THE ESTABLISHMENT, AND RESPONSIBILITIES OF STATE LABOR INSPECTION AGENCIES
Article 8. Obligations of the employer
- Employers must conduct self-inspections of their compliance with labor laws as stipulated in this Circular. Upon request and guidance from the state labor inspection agency, employers shall register an account and report the results of their online self-inspection of labor laws on the electronic information portal.
- Be legally responsible for the truthfulness and accuracy of the online labor law self-assessment report; ensure that reports are submitted on time as required by the state labor management agency.
- Coordinate with the collective labor representative organization at the workplace to implement the recommendations and feedback of the State Labor Inspectorate based on the content of the online self-inspection report on labor laws; provide explanations when requested by competent agencies or individuals.
Article 9. Rights of collective labor representative organizations at the workplace
Participate in self-inspection teams to monitor the implementation of labor laws at enterprises and report the results of online self-inspections of labor laws by employers; monitor employers' implementation of recommendations from the State Labor Inspectorate based on the content of the online self-inspection report on labor laws.
Article 10. Responsibilities of the Inspectorate of the Ministry of Labour, Invalids and Social Affairs
- Website management; annually researching, improving, and upgrading the website and updating it with changes in labor laws to meet user requirements.
- Delegation of management authority and guidance on the use of the website for the Inspectorate of the Department of Labor, War Invalids and Social Affairs of provinces and centrally-administered cities.
- The orientation of the annual self-assessment report is consistent with the work direction of the Ministry of Labour, Invalids and Social Affairs.
- Compile and report the results of online self-assessments of labor laws nationwide when requested by competent state management agencies.
- Based on the results of timely self-inspections, advise the Minister on effectively implementing state management of labor; propose plans for inspecting compliance with labor laws and plans to strengthen compliance with labor laws within the Ministry, and provide guidance to localities on annual labor inspection work.
Article 11. Responsibilities of the Inspectorate of the Department of Labor, War Invalids and Social Affairs
- Instructions for businesses on registering for an online self-assessment reporting account and submitting online self-assessment reports.
- Analyze and evaluate the results of online self-assessments, send recommendations to businesses, and propose inspection and audit plans for approval by competent authorities.
- The competent authority may issue a decision to conduct an unscheduled inspection when signs of labor law violations are detected through online self-inspection reports or when the online self-inspection report is not submitted.
- A summary of self-inspection reports from labor establishments located within the area must be submitted to the Inspectorate of the Ministry of Labor, War Invalids and Social Affairs using the form specified in Appendix I attached to this Circular before October 15th of each year.
- Based on the results of timely self-inspections, advise the Director of the Department on effectively implementing state management of labor in the locality; propose plans for inspecting compliance with labor laws and plans for strengthening compliance with labor laws in the locality annually.
Chapter III
ORGANIZATION OF IMPLEMENTATION
Article 12. Resources and conditions to ensure self-inspection work
- The Minister of Labour, Invalids and Social Affairs is responsible for ensuring the necessary resources and funding for the Inspectorate of Labour, Invalids and Social Affairs to carry out its tasks as stipulated in Article 10 of this Circular.
- The Director of the Department of Labor, War Invalids and Social Affairs is responsible for ensuring the necessary resources and funding for the Inspectorate of the Department of Labor, War Invalids and Social Affairs to carry out its tasks as stipulated in Article 11 of this Circular.
- Employers are responsible for ensuring the necessary resources and funding to organize and carry out self-inspection and reporting as stipulated in this Circular.
Article 13. Measures for handling organizations and individuals that fail to comply with the regulations in this Circular.
Failure by agencies, organizations, businesses, and individuals to comply with self-inspection and reporting requirements as stipulated in this Circular will provide grounds for the state labor inspection agency to conduct surprise inspections or include the case in the following year's inspection plan. It will also be considered an aggravating circumstance in determining the level of administrative penalties, and if serious consequences result, criminal liability will be pursued and other forms of punishment will be applied as prescribed by law.
Article 14. Awards and Recognition
- The Minister of Labour, Invalids and Social Affairs considers awarding Certificates of Commendation to agencies, organizations, enterprises, and individuals that comply well with the provisions of labor law, as proposed by the Chief Inspector of the Ministry of Labour, Invalids and Social Affairs.
- The Chief Inspector of the Ministry of Labour, Invalids and Social Affairs shall consider awarding Certificates of Commendation to agencies, organizations, enterprises, and individuals that have complied well with self-inspection and reporting requirements as stipulated in this Circular.
Article 15. Enforcement
- This Circular takes effect from the date of April 30, 2012, 01 year.
- Decision No. 02/2006/QD-BLDTBXH dated February 16, 2006, of the Minister of Labor, War Invalids and Social Affairs promulgating the regulations on the use of self-assessment forms for the implementation of labor laws, shall cease to be effective when this Circular comes into effect.
- During the implementation process, if any difficulties arise, the units should report them to the Ministry of Labour, Invalids and Social Affairs for compilation and resolution.
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