CIRCULAR
PROVIDING
SPECIFIC REGULATIONS ON IMPLEMENTION OF SEVERAL ARTICLES OF THE GOVERNMENT’S
DECREE NO. 196/2013/ND-CP DATED NOVEMBER 21, 2013 ON STIPULATING THE
ESTABLISHMENT AND OPERATION OF EMPLOYMENT SERVICE CENTERS AND THE GOVERNMENT'S
DECREE NO. 52/2014/ND-CP DATED MAY 23, 2014 ON STIPULATING REQUIREMENTS AND
PROCEDURES FOR LICENSING EMPLOYMENT SERVICE OPERATIONS OF EMPLOYMENT SERVICE
ENTERPRISES
Pursuant to the Government's
Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions,
tasks, powers and organizational structure of the Ministry of Labor, War
Invalids and Social Affairs;
Pursuant to the Government’s
Decree No. 196/2013/ND-CP dated November 21, 2013 on stipulating the
establishment and operation of employment service centers (hereinafter referred
to as the Decree No. 196/2013/ND-CP);
Pursuant to the Government’s
Decree No. 52/2014/ND-CP dated May 23, 2014 on stipulating requirements and
procedures for licensing employment service operations of employment service
enterprises (hereinafter referred to as the Decree No. 52/2014/ND-CP);
At the request of the Director
of Employment Department,
The Minister of Labor, War
Invalids and Social Affairs hereby promulgates the Circular on proving specific
regulations on implementation of several articles of the Government’s Decree
No. 196/2013/ND-CP dated November 21, 2013 on stipulating the establishment and
operation of employment service centers and the Government's Decree No.
52/2014/ND-CP dated may 23, 2014 on stipulating requirements and procedures for
licensing employment service operations of employment service enterprises.
Article 1. Scope of application
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1. Employment service contracts,
management of employment service operations and periodic report on employment
service operations in accordance with the Decree No. 196/2013/ND-CP and No.
52/2014/ND-CP.
2. Regulations on operation of
employment service centers in accordance with regulations laid down in the
Decree No. 196/2013/ND-CP.
Article 2. Applicable entities
1. Employment service centers in
accordance with regulations laid down in Article 2 of the Decree No.
196/2013/ND-CP.
2. Employment service enterprises
in accordance with regulations laid down in Article 2 of the Decree No.
52/2014/ND-CP.
3. Agencies, organizations or
individuals involved in stipulating detailed implementation of several articles
of the Decree No. 196/2013/ND-CP and 52/2014/ND-CP.
Article 3. Employment service
contract
1. Employment service centers
shall sign employment service contracts in accordance with regulations laid
down in Clause 1 Article 7 of the Decree No. 196/2013/ND-CP while employment
service enterprises shall sign employment service contracts in accordance with
regulations laid down in Clause 1 Article 4 of the Decree No. 52/2014/ND-CP. An
employment service contract is required to consist of the following
information: Contact name and address of contracting parties; contract value,
payment mode; specific scope of employment services to be rendered (quantity,
quality, etc.); contract execution method; rights and obligations of
contracting parties as to the rendering of employment services;
responsibilities to be assumed due to contract violation; dispute settlement,
and other contents (when applicable).
2. With regard to employment
service contract under which employee recommendation or job supply services are
provided, in addition to regulations laid down in Clause 1 of this Article, it
is essential to lay down further regulations on responsibility for monitoring
the employment status of contracting employees when such employees are
executing seasonal employment contracts or piece-work contracts with valid term
of less than 12 months. With regard to employment contracts with valid term of
12 months or more, the employment status of contracting employees must be
monitored within a period of 12 months.
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Regulations on operation of
employment service centers must conform to regulations enshrined in Clause 2
Article 8 of the Decree No. 196/2013/ND-CP under the following guidelines:
1. Regulations on operation of employment
service centers shall consist of the following contents: Roles, functions and
duties of this center; organization structure; duties and responsibilities of
divisions or departments; operational principles of employment services;
working hours; process of employment service rendering; responsibilities for
establishment and management of employment market database; rules of
work-related collaboration; contact information, design of tables used for
monitoring employment service monitoring at the Center.
2. The Head of the relevant agency
directly supervising the employment service center shall approve the
promulgation of regulations on operation of that employment service center.
3. Regulations on operation of the
employment service center shall be on a public notice at the employment service
center.
4. The Director of the employment
service center shall be responsible for implementing the regulations on
operation of the employment service center.
Article 5. Management of
employment service operations
1. The employment service center
shall receive employment consultancy registration, employment search
registration and registration of employee recommendation and job supply
services in accordance with regulations laid down in Clause 1, 2, 4 and 5 of
the Decree No. 196/2013/ND-CP by completing the form No. 01, 01a, 01b, 01c and
01d enclosed herewith.
2. The employment service center
or enterprise shall keep track of the employment status of the contracting
employees who are offered jobs with the services of employee recommendation and
job supply provided by this center or enterprise as stipulated in Clause 6
Article 8 of the Decree No. 196/2013/ND-CP and Clause 3 Article 5 of the Decree
No. 52/2014/ND-CP by completing the form No. 02 enclosed herewith.
Article 6. Periodic reporting
of employment service operations
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2. Before June 15 and December 15
every year, the employment service enterprise shall send a(n) bi-annual and
annual report on employment service operations which must clearly state the
details of employment service operations carried out by specific branches (when
applicable) by completing the form No. 04 enclosed herewith to the Department
of Labor, War Invalids and Social Affairs.
These branches shall then send a
report on their employment service operations to the Department of Labor, War
Invalids and Social Affairs where they run their services by completing the
form No. 04 enclosed herewith.
3. Before June 20 and December 20
every year, the Department of Labor, War Invalids and Social Affairs shall send
a(n) bi-annual or annual report on employment service operations that take
place within their delegated authority by completing the form No. 05 enclosed
herewith to the People’s Committee of centrally-affiliated cities and provinces
for the purpose of reporting the Ministry of Labor, War Invalids and Social
Affairs.
Article 7. Effect
1. This Circular shall come into
force from April 10, 2015.
2. The Circular No.
20/2005/TT-LDTBXH of the Ministry of Labor, War Invalids and Social Affairs
dated June 22, 2005 on providing guidance on implementation of several articles
of the Government's Decree No. 19/2005/ND-CP dated February 28, 2005 on
stipulating requirements and procedures for establishment and operation of
employment recommendation service organizations and the Circular No.
27/2008/TT-LDTBXH of the Ministry of Labor, War Invalids and Social Affairs
dated November 20, 2008 on amending and supplementing the Government’s Circular
No. 20/2005/LDTBXH-TT dated June 22, 2005 on stipulating requirements and
procedures for establishment and operation of employment recommendation service
organizations and the Government’s Decree No. 71/2008/ND-CP dated June 5, 2008
on amending and supplementing the Decree No. 19/2005/ND-CP shall become invalid
from the effective date of this Circular.
Article 8. Implementation
responsibility
The Department of Labor, War
Invalids and Social Affairs in collaboration with relevant agencies,
organizations or individuals concerned shall be responsible for implementing
this Circular.
In the course of implementation,
any difficulty that may arise should be promptly reported to the Ministry of
Labor, War Invalids and Social Affairs to find possible solutions.
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PP. THE MINISTER
THE DEPUTY MINISTER
Nguyen Thanh Hoa