Proposal to develop an Law on Employment (amended) in Vietnam

Proposal to develop an Law on Employment (amended) in Vietnam (Internet image)

On February 9, 2023, the Government passed Resolution 16/NQ-CP at the thematic meeting on law making in January 2023:

Proposal to develop an Law on Employment (amended) in Vietnam

The Government agrees on the need to establish a Proposal to develop an Employment Law to more specifically institutionalize the Party and State's guidelines and policies on human resource development, job creation, support for labor market development, unemployment insurance policy reform in accordance with the conditions and requirements of the new era, ensuring synchronization and consistency with regulations in relevant laws, as well as aiming to effectively resolve practical problems.

Ministry of Labor, War Invalids, and Social Affairs, on the basis of summarizing the implementation of legal regulations in the field of employment, need to evaluate and study more comprehensively and thoroughly the results achieved, limitations, inadequacies, and causes and fully analyze political, legal, and practical bases to ensure the legality and feasibility of proposed solutions in policy groups.

Basically in agreement with the goals of the 4 policy groups expressed in the proposal to develop a Law, however, it is necessary to review, focus research, and evaluate the impact more thoroughly for some key solutions that are truly necessary, especially new content that does not yet have regulatory regulations to resolve practical problems, ensuring no conflicts or overlaps with relevant legal regulations;

In accordance with international regulations and standards, aiming to develop a flexible and effective labor market, improve the quality of skilled labor, and meet practical requirements on improving the quality of human resources for the country in the new situation.

For regulations on types of funds, it is necessary to carefully analyze and evaluate the necessity of establishing each type of fund, clarifying the operating model, and determining whether the capital mobilization mechanism is an off-budget financial fund with support from the State or an off-budget fund implementing the socialization mechanism; The impact of these funds on current financial mechanisms is consistent with relevant legal provisions, ensuring flexibility in administering the Government's policies.

In the process of completing the policies of the Proposal to develop the Law, the drafting agency needs to focus time and resources on organizing a wide consultation with relevant subjects, scientists, and experts. Relevant agencies and organizations should carry out communication work well and collect people's opinions to create consensus.

To assign competent agencies to review and prepare documents for developing law projects in Vietnam

Specifically, Resolution 16/NQ-CP clearly states that the Government assigns Ministers and Heads of ministerial-level agencies to:

- Strengthen the work of directing research, reviewing, and preparing documents requesting law development according to the provisions of the Law on Promulgation of Legal Documents, Plan 81/KH-UBTVQH15, dated November 5, 2021, of the National Assembly Standing Committee, and Decision 2114/QD-TTg, dated December 16, 2021, of the Prime Minister implementing Conclusion 19-KL/TW on the orientation of the Law Building Program for the 15th National Assembly term, sent to the Ministry of Justice for synthesis and reporting to the Government for consideration and decision.

- Comrades Ministers of Health, Industry and Trade, and Finance direct relevant units and individuals to urgently research, receive, and explain the opinions of the National Assembly Standing Committee and Committees. of the National Assembly on the proposal to develop laws: the Law on Health Insurance (amended), the Law on Industrial Development, and the Law on Management and Use of State Capital Invested in Production and Business at Enterprises (amended); Continue to summarize practice, clearly determine the necessity and scope of amendments, supplements, or new promulgations of these Law projects, and report to the Government for consideration and decision.

- Regarding law projects: Road Law, Law on Road Traffic Order and Safety, and Law on Grassroots Security and Order Forces: the Government has reported to the National Assembly on the completion of documents for these Law projects. The Ministry of Public Security and the Ministry of Transport continue to coordinate closely with the Ministry of Justice and agencies of the National Assembly to agree on the process and procedures for submitting the above-mentioned law projects to the Program.

- Regarding the Proposal to develop a Law to amend and supplement a number of articles of the Law on Guards and Proposal to develop an Employment Law (amended): The Ministry of Public Security and the Ministry of Labor, War Invalids, and Social Affairs urgently receive comments from Government Members at the thematic law-making session in January 2023, complete the Law Development Proposal dossier, and send it to the Ministry of Justice for incorporation into the Program.

- Regarding the proposal to develop laws: Capital Law (amended), the Law on People's Air Defense, and the Law on amending and supplementing a number of articles of the Law on Asset Auctions will be commented on by the Government at the Legislative Development Session in February 2023: After the Government provided comments, the Ministry of National Defense and the Ministry of Justice urgently received comments from Government Members and completed the Law Development Proposal dossier for incorporation into the Program.

- The Ministry of Public Security presides over and coordinates with the Ministry of Justice and relevant agencies to develop a dossier requesting the development of a Law amending and supplementing a number of articles of the Law on Citizens' Exit and Entry according to the provisions of the Law on Promulgation of Legal Documents, submit to the Government for comments, and send to the Ministry of Justice to synthesize and add to the Law and Ordinance Development Program, submit to the National Assembly for comments and approval at the 01 session (6th Session, October 2023).

- The Ministry of Justice presides over and coordinates with relevant ministries and agencies to research and receive comments from members, revise and complete the Government's proposal on the Program for developing laws and ordinances in 2024, adjust the Program in 2023, and assign the Minister of Justice, authorized by the Prime Minister, on behalf of the Government to sign the Proposal on the Government's proposal mentioned above and submit it to the National Assembly and the National Assembly Standing Committee according to regulations.

More details can be found in Resolution 16/NQ-CP dated February 9, 2023.

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