Who shall be responsible for handling the results of inspection and supervision of employees at the state enterprises in Vietnam?

What are the responsibilities of The Executive Committee of the Trade Union at the state enterprise in guarantee for inspection or supervision of employees?

Pursuant to Clause 2, Article 81 of the Law on Implementation of Grassroots Democracy 2022, the Executive Committee of the Trade Union at the state enterprise shall assume the following responsibilities:

- Recommend personnel to the employee meeting to be elected as a member of the People’s Inspectorate; recognize the results of election as a member of the People’s Inspectorate; propose the dismissal of a member of the People’s Inspectorate;

- Instruct the People's Inspectorate in formulation of working programs, plans, schedules and activities; consider the review report on performance of the People's Inspectorate; provide instructions about and direct operation of the People's Inspectorate; participate in the activities of the People's Inspectorate when deeming it necessary;

- Consider and handle the recommendations of the People’s Inspectorate; monitor and encourage the settlement of the recommendations of the People’s Inspectorate to the duly authorized representative, leadership and management of the enterprise or the competent authority;

- Encourage employees to advocate, coordinate and actively support the activities of the People's Inspectorate;

- Provide funding for activities of the People’s Inspectorate.

Who shall be responsible for handling the results of inspection and supervision of employees?

According to Article 80 of the Law on Implementation of Grassroots Democracy 2022, there are regulations on handling the results of inspection and supervision of employees as follows:

Handling of results of inspection and supervision of employees

1. Through direct inspection and supervision, employees can contribute their opinions to competent persons of state enterprises in order to promptly address issues or problems arising from organization and management; prevent acts of misconduct or offences against laws; ensure the legitimate rights and interests of employees, and contribute solutions to develop state enterprises.

2. When detecting acts and matters suspected of violation, employees shall reserve the right to lodge their claims or complaints according to the provisions of law, or report them to the duly authorized representative, the leadership or management of the state enterprise; their appeals, petitions or grievances to competent state authorities concerned, Trade Union, other employee representation organizations or collective organizations of the state enterprise of which they are members; or their appeals or motions to the People's Inspectorate for its review, examination, inspection or supervision falling within its remit.

3. Institutions, units, entities and persons specified in clause 2 of this Article shall be responsible for receiving, handling and settling complaints, denunciations, petitions or grievances from staff members under their jurisdiction, or for carrying out the examination, inspection or supervision as per law.

Thus, employees contribute ideas with competent people of state-owned enterprises to overcome inadequacies in management.

What are the responsibilities of the leadership of a state enterprise in guarantee for inspection or supervision of employees?

In Clause 1, Article 81 of the Law on Implementation of Grassroots Democracy 2022, there are regulations on the responsibilities of the State enterprise's leadership boards in ensuring that employees carry out inspection and supervision as follows:

- Cooperate with the Executive Committee of the Trade Union of a state enterprise or the representation board of other employee representation organization (if any) of the state enterprise, based on the requirements, tasks, organizational and operational characteristics, nature, and actual condition of the state enterprise, on formulating and publishing regulations on the implementation of democracy to further specify the content and method of implementation of democracy at the state enterprise as a basis for employees’ inspection or supervision of such implementation of democracy.

The governing scope of regulations on implementation of democracy at enterprises may be further expanded without any conflict with or restriction on the implementation of the matters already specified in this Law;

- Create a mechanism to receive feedback, comments, motions, complaints or petitions from employees at the state enterprise;

Hold dialogues and explanatory meetings with employees in accordance with law;

- Promptly examine, review, process, settle, explain or respond to complaints, denunciations, motions, petitions or grievances of employees, and recommendations of the Trade Union and other employee representation organizations of the state enterprise;

Refer information about issues to competent authorities if these issues fall ultra vires;

- Create necessary and required conditions for the People's Inspectorate to perform its inspection and supervision duties in accordance with law by informing the People's Inspectorate of the major policies and laws related to organization and operation of enterprises;

Fully and promptly provide necessary information and documents at the request of the People's Inspectorate;

Promptly consider and handle recommendations of the People's Inspectorate, and notify the results thereof within 15 days from the date of receipt of these recommendations;

Notify the People's Inspectorate of the results of handling of petitions and complaints and the compliance with the law on implementation of democracy at the enterprise;

- Sanction persons who commit acts of obstructing employees to exercise their inspection or supervision rights,

Persons who commit acts of taking their revenge on or victimizing complainants, appellants, petitioners, accusers or complainants;in accordance with laws;

Persons who commit acts of preventing operation of the People's Inspectorate, retaliating or victimizing members of the People's Inspectorate in accordance with law.

The Law on Implementation of Grassroots Democracy 2022 will take effect on July 1, 2023.

Best regards!