THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
No: 07/1999/ND-CP | Hanoi, February 13, 1999 |
PROMULGATING THE REGULATION ON EXERCISING DEMOCRACY IN STATE ENTERPRISES
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to Resolution No. 60/1998/NQ-UBTVQH10 of August 20, 1998 of the National Assembly Standing Committee on the promulgation of the Regulation on Exercising Democracy in State Enterprises;
At the proposals of the Minister-Chairman of the Government Commission for Organization and Personnel and the Head of the Central Board for Renewing the Management of Enterprises,
DECREES:
This Regulation shall be effected in State enterprises in accordance with Articles 1 and 2 of the Law on State Enterprises.
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The Managing Boards and directors of State enterprises shall have to implement this Decree.
THE GOVERNMENT
Phan Van Khai
ON EXERCISING DEMOCRACY IN STATE ENTERPRISES
(Issued together with Decree No. 07/1999/ND-CP of February 13, 1999 of the Government)
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Article 1.- The exercise of democracy in State enterprises is aimed at:
1. Concretizing the motto "people know, people do and people inspect", bringing into play the laborers’ right to democracy through trade unions and to participatory democracy, promoting the creativeness of collectives and individuals in order to raise the labor efficiency, preserve and develop the State’s capital, practice thrift, combat wastefulness and corruption, violations of democracy and breaches of discipline as well as internal disturbance, bringing into play the leading role of the State economic sector in the cause of industrialization and modernization.
2. Creating a powerful motive force for the sustainable development of State enterprises, based on the close coordination between the director and the employees in term of their responsibilities in a joint effort to efficiently boost production and business, increase the State budget’s revenues, improve the laborers’ life and create more jobs for them; clearly determining the rights, responsibilities, obligations and interests of the director, workers and employees regarding the results of production and business activities of the enterprise; creating a favorable environment for the consolidation of solidarity, self-criticism and criticism, mutual inspection and supervision between the director and workers and employees as well as among workers and employees and among leading and managerial officials; ensuring the harmony between the State’s interests and the interests of the enterprise, the director and laborers, corresponding to the enterprise’s production and business results.
THINGS TO BE PUBLICIZED IN STATE ENTERPRISES
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2. The State’s major regimes and policies and the enterprise’s implementation regulations, which are directly related to its laborers in term of their rearrangement, recruitment, dismissal, training and re-training; wages and incomes, social insurance, medical insurance, dwelling houses; profit distribution and deductions for establishment of the enterprise’s funds; the labor recruitment plans and the implementation thereof; training and fostering of laborers to raise their professional skills.
3. The enterprise’s rules and its regulations on the recruitment and dismissal of laborers; work time, extra time and paid and unpaid leaves; norms of expenses; payment of wages, bonuses and funeral or wedding offerings; promotion of cadres, training, fostering and raising their skills; commendation, discipline and material responsibility; on the protection of the enterprise’s property, production and/or business secrets and prestige in accordance with the provisions of law; on the processes of operating machines and equipment at working places; the thrifty use of raw materials and materials; the implementation of regulations on labor safety, environmental protection and the maintenance of hygiene at working places; fire prevention; prevention and combat against violations of law.
4. Financial publicity. More concretely:
- The auditing results and annual financial report of the enterprise.
- The situation on capital and efficiency of the use thereof by the enterprise, the situation on its due and overdue debts and the cause thereof; difficulties in and measures for capital mobilization and the raising of the efficiency of capital use.
- The enterprise’s revenues from business activities and other activities such as revenue from investment outside the enterprise; revenue from the purchase and/or sale of bills, bonds and shares; revenue from the leasing or contracting properties; revenue from the value differences of the liquidated properties; revenue from the State’s price subsidies; revenue from joint venture, partnership and stock capital contribution, and revenue from deposit and loan interests.
- Development investment, expenses for training and fostering laborers and raising their skills.
- The enterprise’s regulations on and making of expenses for managerial activities, guest reception, meetings, transactions and brokerage commissions; fines paid by the enterprise.
- The performance of tax obligations, the deductions made according to the State’s regulations, for social insurance, medical insurance and trade union fund.
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- Incomes and average income of laborers.
- Deductions from after-tax profits for the establishment and use of the enterprise�s funds: the development investment fund, the financial reserve fund, the severance allowance reserve fund, the welfare fund and the reward fund. And expenses for humanitarian and social purposes.
- Other revenues and expenses.
5. Criteria of personnel; procedures, and responsibility for promotion of cadres from production groups (teams) upwards.
6. Plan of action of the people’s inspection board and results of the settlement of complaints and denunciations according to the provisions of the legislation on complaints and denunciations.
7. Resolutions of congresses of the Party organizations and committees, related to production and/or business under decisions of the enterprise’s Party Committee; resolutions of the Trade Union and Ho Chi Minh Communist Youth Union in the enterprise.
The eligible information receivers shall have the right to question the Managing Board and/or the director on the publicized contents prescribed in Article 5 of this Regulation; the Managing Board and the director shall have to explain and clarify questions and inquiries of organizations and laborers in the enterprise and take full responsibility before law for the accuracy of the publicized information; have to make public announcement on the acceptance of opinions and suggestions contributed by organizations and laborers concerning the matters to be publicized in the enterprise.
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2. Announcement at periodical meetings of the enterprise’s key officials.
3. Dissemination at the meetings of the enterprise, or workshops, production groups (teams) or sections (divisions).
4. Announcement at the meetings of trade union organizations and other socio-political organizations in the enterprise.
5. Written notices or printed matters, which are sent directly to each production group (team), workshop, section (division) or posted up at the convenient places in the enterprise.
6. Announcement via the enterprise’s public addressing system.
THINGS TO BE COMMENTED BY LABORERS
1. The long-term, medium-term and annual production and/or business orientations, tasks and plans of the enterprise, especially the production and/or business tasks and plans of the sections (divisions), workshops, production groups (teams); and the assessment of the operation situation of the enterprise as well as of the sections (divisions), production groups (teams).
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3. The elaboration and implementation of the regulations and rules as stipulated in Clause 3, Article 5 of this Regulation.
4. Measures for: the renewal of technologies and equipment; increase of labor productivity; raising of products’ quality; reduction of production cost; environmental protection; improvement of the labor organization, labor protection and working conditions; rearrangement, training and fostering of laborers to raise their professional skills; with attention being paid to measures directly related to workshops, production groups (teams) and sections (divisions) where the laborers work.
5. The principal contents of the collective labor agreement concluded between the enterprise’s director and the president of its trade union or the trade union’s representative, including the commitments on jobs and job guarantee, rest time, wages, bonuses, wage allowances, economic-technical norms, labor safety, labor hygiene and environment, social insurance, medical insurance and social welfare.
6. The principal contents of labor contracts to be concluded between the laborers and the enterprise�s director or the latter’s representative, including the work to be done, work time, rest time, place of work, term of contract, wages, conditions on labor safety, labor sanitation and environment, social insurance and medical insurance for laborers.
7. The general strategy on the mobilization and use of capital sources, the performance of obligations towards the locality, the deduction of the after-tax profits for the establishment of funds, the regulations on guest reception, meetings, transactions and brokerage commission; and contents of the program of action in support of the locality and for charity and humanitarian purposes.
1. The recommendation of persons with full qualifications and prestige to the posts of director, deputy director or chief accountant of the enterprise; the opinion poll on candidates to such positions as the chairman of the Managing Board (for State enterprises with Managing Boards), the director, deputy director or chief accountant of the enterprise, in term of their prestige, managerial capability, sociability, their capability of promoting democracy, their sense of justice, and morals. The recommendation of qualified and prestigious delegates of the Trade Union to take part in the Managing Board and the Control Commission (for enterprises with Managing Boards) so that the competent State agencies may consider and appoint them.
2. The elaboration of the program of action and assessment of the results of operation of the people’s inspection board.
3. The organization and agenda of the enterprise’s congresses of workers and employees at the production group- (team) level or higher-level, according to the Law on State Enterprises and under guidance of the Vietnam General Labor Confederation.
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5. The contents of operation of Trade Union organizations and organizations of the Ho Chi Minh Communist Youth Union.
The Managing Board, the director, the Party organizations and mass organizations in the enterprise shall have to make public notice on their acceptance of opinions and suggestions contributed by laborers. If the laborers’ suggestions on the contents stipulated in Articles 8 and 9 are not accepted, the laborers shall still have to strictly abide by the director’s decisions (regarding the contents stipulated in Clauses 1, 2, 3, 4 and 7 of Article 8) as well as decisions of the higher-level management agencies, the party organizations and mass organizations in the enterprise (regarding the contents stipulated in Article 9).
Article 11.- Laborers shall contribute their opinions through the following major forms:
1. Congresses of workers and employees held by the enterprise, its sections (divisions), or production groups (teams).
2. Professional conferences convened by the enterprise’s director, heads of sections (divisions), workshops or production groups (teams).
3. Public discussions and negotiations on the contents of the collective labor agreement and labor contracts.
4. The citizen reception according to the provisions of the legislation on complaints and denunciations.
5. The collection of workers’ and employees’ opinions by grassroots Party Committees and executive committees of the Trade Union organizations.
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7. The placement of postal boxes for comments at the convenient places in the enterprise.
THINGS TO BE DECIDED BY LABORERS
Article 12.- Things to be decided by laborers shall include:
1. Voting to adopt the collective labor agreement or the amendments and/or supplements thereto so that the president or representative of the trade union and the director may sign it.
2. Signing labor contracts with the director or his/her representative; unilateral terminating labor contracts as prescribed by the Labor Code.
3. Discussing and voting at the congress of workers and employees for adoption the regulations and planned norms of the enterprise, which are directly related to the laborers’ rights, interests and obligations and conform to the State’s guidance as well as the practical situation of the enterprise; paying attention to the regulation on deduction for establishment and use of the welfare fund, the reward fund and the severance allowance reserve fund.
4. Electing persons to the people’s inspection board at the congress of the enterprise’s workers and employees.
Article 13.- The laborers shall decide things defined in Article 12 of this Regulation through:
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2. The conference of the entire enterprise or meetings of sections (divisions), workshops, production groups (teams).
3. The trade union organizations of the enterprise.
LABORERS’ RIGHT TO SUPERVISION AND INSPECTION
1. The performance of tasks and norms set in the enterprise’s production and/or business plans.
2. The implementation of resolutions of the congresses of workers and employees.
3. The observance of the regulations and rules of the enterprise.
4. The implementation of the collective labor agreement.
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6. The implementation of the State’s policies and regimes, the payment of taxes and performance of obligations by the enterprise towards the State and society, especially the use of the after-tax funds, particularly the welfare fund of the enterprise.
7. The results of the settlement of labor disputes.
8. The results of the settlement of citizens’ complaints and denunciations.
1. The enterprise’s congress of workers and employees, the meetings of sections (divisions), workshops, production groups (teams).
2. The leadership, inspection and supervision by the Party organizations and the Trade Union organization’s participation in the management.
3. The activities of the people’s inspection board.
4. The auditing activities as prescribed by the State.
5. The exercise of the right to make complaints, denunciations and reports in accordance with the legislation on complaints and denunciations.
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The State enterprises shall base themselves on this Regulation to elaborate regulations and rules of their respective enterprises, applicable to each specific section (division), workshop, production group (team).
Any person who violates the provisions of this Regulation shall, depending on the nature and seriousness of his/her violation, be subject to administrative sanctions or examined for penal liability as prescribed by law.
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THE GOVERNMENT
Phan Van Khai
- 1Decree No.60/2013/ND-CP of June 19, 2013, detailing clause 3 article 63 of the Labor Code on implementing the democracy regulation at grassroots at the working places
- 2Decree No.60/2013/ND-CP of June 19, 2013, detailing clause 3 article 63 of the Labor Code on implementing the democracy regulation at grassroots at the working places
Decree No. 07/1999/ND-CP of February 13, 1999, promulgating the regulation on exercising democracy in state enterprises
- Số hiệu: 07/1999/ND-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 13/02/1999
- Nơi ban hành: Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 28/02/1999
- Ngày hết hiệu lực: 15/08/2013
- Tình trạng hiệu lực: Hết hiệu lực