Bản dịch văn bản 3/LDTBXH-TT
Circular 3/LDTBXH-TT
Cơ quan ban hành: Bộ Lao động - Thương binh và Xã hội
Ngày ban hành: 1997-01-13

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS CIRCULAR No.3-LDTBXH/TT OF JANUARY 13, 1997 GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF DECREE No.23-CP OF APRIL 18, 1996 OF THE GOVERNMENT WITH SPECIFIC STIPULATIONS ABOUT WOMEN LABOR In execution of Decree No.23-CP of April 18, 1996 of the Government detailing and guiding the implementation of a number of Articles of the Labor Code with specific stipulations about women labor, after consulting the Vietnam Generation Confederation of Labor and a number of concerned Ministries and branches, the Ministry of Labor, War Invalids and Social Affairs hereby provides the following guidance for the implementation of a number of Articles of Decree No.23-CP of April 18, 1996 of the Government: I. OBJECTS AND SCOPE OF REGULATION: The objects and scope of regulation shall comply with Article 1 of Decree No.23-CP of April 18, 1996. This Circular elaborates on the following points concerning the objects: 1. A woman laborer at least 15 full years old who is capable of working shall sign a labor contract; A girl under 15 years of age working in a number of trades and jobs shall comply with the stipulations of the Ministry of Labor, War Invalids and Social Affairs. 2. The employers of women labor are the General Directors or Directors of enterprises of all economic sectors, or persons empowered in writing by the General Directors or Directors; the Heads of agencies or organizations, or the persons empowered in writing by them in accordance with the legislation on the delegation of powers. II. ON THE WORKING REGIMES OF WOMEN LABORERS: 1. Working regimes: The working regimes of women laborers shall conform with the stipulations of Article 3 of Decree No.23-CP of April 18, 1996 of the Government. They comprise the following: - The flexible working regime which is the assignment and use of women laborers according to a time schedule (starting and ending times) different from the time schedule commonly applied at the agency or unit. - The regime of incomplete workday is the use of women laborers for a lesser number of working hours in a day than commonly applied at the agency or unit. - The regime of incomplete working week is the use of women laborers for a lesser number of days in a week than commonly applied at the agency or unit. - The regime of at-home work is the assignment of jobs to be done at home (the family) by a woman laborer, provided this does not affect the requirements of production and business. This form of women’s labor use shall benefit both the laborer and the employer. The following principles should be taken into account by the enterprise when applying the aforesaid working regime to women laborers: 2. Principles of application: -The enterprise shall consider and determine what working regime best suits women’s labor in order to apply it in the process of production and business on the principle of mutual consent and mutual benefit, provided it meets the requirements of production and business and the legitimate aspiration of the women laborers, but in no case should the working time exceed 8 hours in a day and 48 hours in a week. - This working regime must not be used to discipline a woman laborer who violates labor discipline. - The flexible working regime must not be misused to assign and use women’s labor for night-shift work in contravention of the current legislation on labor. - The income of the woman laborer who is assigned jobs under the aforesaid regime must conform with the written agreement between the woman laborer and the employer. 3. Process of implementation: a/ The enterprise shall discuss with the trade union to determine the jobs and the forms and organization of the work and submit them to the laborers’ discussion. What has been agreed upon concerning the jobs and forms of work shall be recorded in the collective labor bargain; b/ The enterprise shall make arrangements for the women laborers to register for the jobs already written in the collective labor bargain in conformity with the form of work of their choice; c/ Together with the trade union the enterprise shall consider and arrange a suitable time-table for each woman laborer in the following priority order: women three months or more with child; women having to nurse their babies under 12 months old; women with frail health as recognized by a polyclinic doctor; women with difficult family situation, etc. III.- ON TRAINING WOMEN LABORERS IN RESERVE OCCUPATIONS A reserve occupation is an occupation different from the one a woman laborer is practicing which shall be used when she can no longer continue this job until she reaches retirement age as prescribed by State regulations. 1. Determining reserve occupations for women laborers: Basing itself on the field of activity, the production and business conditions of the enterprise and the particularities of women labor, the enterprise shall discuss with the trade union to determine what occupations need reserve occupations for women labor and write them down in the collective labor bargain. 2. Organizing training women labor in reserve occupations Basing itself on the number of women laborers who need to train in reserve occupations, the enterprise should pay adequate attention to their job-training desire in order to draw up a plan for training in reserve occupations. Depending on the specific conditions of the enterprise, it may organize the training itself or sign training contracts with job training centers to carry out this plan. IV.- DETERMINING WHAT ENTERPRISES NEED A LARGE WOMEN WORKFORCE: To determine that an enterprise has the necessary conditions to use a large women workforce as stipulated in Article 5 of Decree No.23-CP of April 18, 1996 of the Government the following factors must be taken into account: 1. To determine the number of laborers on the payroll of the enterprise each month in order to calculate the average for the whole year at the time of the elaboration of the annual plan. 2. On the basis of the workforce receiving the average wage in the whole year, the enterprise shall calculate the absolute as well as relative number of women laborers and decide whether it is or is not an enterprise requiring a large women workforce. 3. An enterprise which gathers all the above factors shall compile a dossier (2 sets) and send it to the Labor, War Invalids and Social Affairs Service in November each year. Basing itself on this dossier, the Labor, War Invalids and Social Affairs Service shall conclude that an enterprise qualifies to be an enterprise using a large women workforce and shall remit one set to the enterprise (the other shall be kept at the Labor, War Invalids and Social Affairs Service) (see Form No.5 attached to this Circular). 4. The dossier applying for recognition as an enterprise using a large women workforce shall comprise: - A written official application of the enterprise (Form No.4 attached to this Circular); - The list of laborers receiving monthly pay from the enterprise (monthly payroll) and the number of laborers on the list of laborers receiving average annual pay from the enterprise. V.- PREFERENTIAL TREATMENT OF AN ENTERPRISE USING A LARGE WOMEN WORKFORCE Pursuant to the policy of preferential treatment of the enterprises using a large women workforce stipulated in Article 6 of Decree No.23-CP of April 18, 1996 of the Government, the Ministry provides the following guidance: 1. The policy of granting low interest loans from the National Fund for Employment: a/ To quality for capital borrowing, the enterprise must meet the following conditions: - It is an enterprise using a large women workforce as defined in Section IV of this Circular; - The enterprise is meeting with difficulties and entitled to special assistance by decision of the Prime Minister at the proposal of the parent Ministry, the State corporation, the People’s Committee of the province or city directly under the Central Government; - The enterprise can present a plan to demonstrate the efficiency of the use of the loan, the capability for debt payment and job procurement for its women workforce. b/ Mode of implementation: The enterprise shall observe the current regulations on borrowing capital at low interest rates from the National Fund for Employment. 2. Non-refund package support from the National Fund for Employment: a/ To qualify for consideration for package non-refund support, the enterprise must meet the following conditions: - It is an enterprise using a large women workforce defined in Section IV of this Circular; - It must present a plan of transferring the women laborers from places with harmful working conditions and other jobs where women labor is prohibited as defined in the Inter-ministerial Circular No.03/TT-LB of January 28, 1994 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health to other jobs which suit their health and ensure their function of procreating and raising their children. - It is an enterprise which meets financial difficulties because its self-procured capital is not enough to implement this plan. b/ Method of implementation: The enterprise shall elaborate a plan according to the current process on the elaboration of a plan to apply for capital borrowing at low interest rate from the National Fund for Employment. VI.- BASIS TO CONSIDER FOR TAX REDUCTION The consideration for tax reduction according to Article 7 of Decree No.23-CP of April 18, 1996 of the Government shall be effected as directed by the Ministry of Finance. This Circular specifies the usual extra costs due to the use of women workforce: 1. The 60-minute break per day during the period of nursing a child under twelve months old multiplied by the number of workdays of the women laborers entitled to such a regime and converted into money equivalent; 2. Supplementary allowance to the women laborers having children in the age bracket of the crèches and pre-school classes; 3. Purchase of equipment and appliances for the crèches and pre-school classes organized by the enterprise; 4. The thirty-minute break for sanitation of women laborers multiplied by the number of workdays of the women laborers entitled to this regime and converted into money equivalent; 5. One hour of working time less per day for pregnant women laborers up to the 7th month multiplied by the number of workdays for women laborers entitled to this regime and converted into money equivalent; 6. Allowance to women laborers after childbirth; 7. Hiring teachers to open a crèche or pre-school class organized by the enterprise; 8. Purchase of additional labor protection equipment (besides that under the common regime) to suit the working conditions of women laborers; 9. Building separate bathrooms and toilets for women laborers; 10. Organizing health checks for women laborers (periodically once a year); 11. Organizing anniversaries of women. VII.- TRANSFERRING WOMEN LABORERS FROM JOBS BANNED TO WOMEN LABOR TO SUITABLE JOBS In the transfer of women labor from the jobs banned to women labor to other and suitable jobs under Article 11 of Decree No.23-CP of April 18, 1996 of the Government the enterprise shall have to undertake the following: 1. To inventorize and classify the women laborers who are doing jobs banned to women labor (see Form No.3 attached to this Circular). 2. To draw up a plan to move this women workforce to other and suitable jobs. In case the enterprise is meeting with financial difficulties and is qualified for the policy of package financial support from the National Fund for Employment, the provisions in Clause 2, Section V of this Circular shall apply. 3. While drawing up its plan, the enterprise must carry out immediately a number of measures stipulated in Inter-ministerial Circular No.03/TT-LB of January 28,1994 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health in order to arrange an appropriate work timetable for the women laborers so that they might learn a trade and familiarize themselves with the new job. VIII.- ORGANIZATION OF IMPLEMENTATION 1. The Ministries and branches shall organize and direct the implementation of this Circular for the enterprises directly under their management; they should regularly urge and inspect the implementation of the policies and regimes regarding women labor by the director of the enterprise; and carry out fully the reporting regime as prescribed by the Ministry of Labor, War Invalids and Social Affairs (see Forms No.2 and 3 attached to this Circular). 2. The People’s Committees of the provinces and cities directly under the Central Government shall direct the concerned Commissions and branches including the Labor, War Invalids and Social Affairs Service which is the permanent agency to help the People’s Committee in guiding the enterprises located on their territories to implement this Circular. 3. The Labor, War Invalids and Social Affairs Service shall draw up a plan of action and submit it to the People’s Committee of the province and city and organize the implementation of this plan. At the same time it shall have to observe the regime of timely reporting to the Ministry of Labor, War Invalids and Social Affairs. 4. This Circular takes effect 15 days after its signing. 5. In the process of its implementation, should any problem arise, the ministries, branches and localities are requested to report in time to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement. The Minister of Labor, War Invalids and Social Affairs TRAN DINH HOAN