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THE
GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.71/2008/ND-CP
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Hanoi,
June 05, 2008
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DECREE
OF THE GOVERNMENT
NO.71/2008/ND-CP DATED JUNE 05, 2008 ON AMENDMENTS AND SUPPLEMENTS TO A NUMBER
OF ARTICLES OF THE DECREE NO.19/2005/ND-CP DATED FEBRUARY 28, 2005 OF THE
GOVERNMENT REGULATING CONDITIONS, PROCEDURES FOR THE ESTABLISHMENT AND
OPERATION OF THE PLACEMENT ORGANIZATIONS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of December 25, 2001;
Pursuant to the Labor Code
dated June 23, 1994; Law Amending and Supplementing a Number of Articles of the
Labor Code dated April 02, 2002;
At the proposal of the
Minister of Labor, War Invalids and Social Affairs,
DECREE:
Article 1. To amend and supplement a
number of Articles of the Decree No. 19/2005/ND-CP dated February 28, 2005 of
the Government defining the conditions and procedures for the establishment and
operation of the placement organizations as follows:
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"Article 4. Placement enterprises
(hereinafter referred to as the enterprises) are the enterprises established
and operating under the provisions of the 2005 Enterprise Law and other
relevant legal documents. The enterprises that were legally established prior
to the effective date of the 2005 Enterprise Law are conducted the placement
operation as stipulated in this Decree by July 01, 2010."
2. To amend and supplement Clause 2 and
Clause 3, Article 8 as follows:
"2. Organizations assisting the Director:
The center has a maximum number of not more than
02 (two) Deputy Directors and has specialized departments, service departments
to perform the tasks specified in this Decree. Based on the workload, the
nature and characteristics of the specific activities, director shall decide
the number and names of the specialized departments, service departments in
accordance with functions, tasks to be assigned but not more than 04 (four)
specialized departments and 02 (two) service departments. The departments have
the heads and a maximum number of not more than 02 (two) Deputy Directors; the
appointment and dismissal of the managers and vice managers of the departments
shall be implemented according to the officials management decentralization.
For the centers operating in the provinces, the
cities with a large scale of population and labor force, the centers having
special natures, the number of deputy directors, and the number of departments
may be more than the above provision and shall be decided by the agencies that
are competent to establish the centers.
3. Staff of the Center:
Based on the workload, the nature, and
characteristics of the specific activities of the Centers, the agencies that
are competent to decide the establishment of the centers specify number of
staffs of the Centers and fund regular operation for the activities without
revenues or offsetting the deficit.
The recruitment, employment and management of
officials and public employees of the Centers shall comply with the provisions
of the 1994 Labor Code amended and supplemented in 2002 and 2006, the Decree
No.116/2003/ND-CP of October 10, 2003 of the Government on the recruitment,
employment and management of officials and public employees in the State's
non-business units and the Decree No.121/2006/ND-CP of October 23, 2006 of the
Government amending and supplementing the Decree No.116/2003/ND-CP of October
10, 2003; Directors of the Centers are based on the staffing norms issued by
the competent authorities, the demand of work and financial capacity of the
Centers to sign the labor contracts under the provisions of the Labor Code.
The persons who sign labor contracts must be
qualified, specialized, professional title structures according to the
provisions of the Ministry of Labor, War Invalids and Social Affairs and
arranged wages as prescribed by the Labor Code or under the specialized,
professional payroll for officials and public employees in the State agencies
issued together with the Decree No.204/2004/ND-CP of December 14, 2004 of the
Government on salary regime for officials and civil servants, public employees
and armed forces.
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3. To amend and supplement Clause 6 of
Article 9 as follows:
"6. To be assigned the financial autonomy
in accordance with the current provisions on financial regime for the
non-business units with revenues to cover part of operating expenses and to be
exempted from or reduced tax under the provisions of the current law on
tax;"
4. To amend and supplement Clause 7 of
Article 10 as follows:
"7. To follow the employment status of
workers provided or introduced by the Centers during a year (in the case of
implementation of the labor contracts of indefinite term and labor contract of
period determination from 12 months to 36 months) or during the implementation
of the labor contract (in the case of seasonal labor contract performance or a
certain job for a period of less than 12 months). When the workers who were
introduced jobs by the placement centers lost their jobs, notify the Centers
for them to create favorable conditions for workers to use the services of the
centers to find new jobs. "
5. To amend and supplement Article 11 as
follows:
"Article 11. Permit for placement operation
(hereinafter referred to as Permit) shall be issued by the Departments of
Labor, War Invalids and Social Affairs to the enterprises established under the
2005 Enterprise Law.
Permit form shall be defined by the Ministry of
Labor, War Invalids and Social Affairs."
6. To amend and supplement Article 16 as
follows:
"Article 16. Stripping of the right to use
permits for the placement operation of definite and indefinite term:
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a) Violating the business lines stated in the
permit or having insufficient conditions stipulated in Article 12 of this
Decree;
b) Committing acts of cheating, fraud for
workers, enterprises and other organizations determined by the competent State
agencies;
c) Failing to perform the obligations of the
enterprises in accordance with the law provisions;
d) Failing to report in accordance with
provisions to the State management agencies on local labor continuously from 01
(a) calendar year or more;
đ) Being administratively sanctioned for
violating labor law 03 (three) times a year, or having 01 (a) act of violation
to be sanctioned 03 times.
e) Failing to operate after 06 (six) months from
the date of issuance of the permit;
g) Termination of operation.
2. Departments of Labor, War Invalids and Social
Affairs are responsible for the implementation of the stripping of the right to
use permits of placement operation with a term for the enterprises violating
the above provisions.
3. The enterprises being stripped the right to
use permits of placement operation with a term for the second times will be
stripped the right to use the permits of placement operation
indefinitely."
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"7. To follow the employment status of
workers provided or introduced by the enterprises during a year (in the case of
implementation of the labor contracts of indefinite term and labor contract of
period determination from 12 months to 36 months) or during the implementation
of the labor contract (in the case of seasonal labor contract performance or a
certain job for a period of less than 12 months). When the workers who were
introduced jobs by the placement enterprises lost their jobs, notify the
enterprises for them to create favorable conditions for workers to use the
services of the enterprises to find new jobs."
8. To add Article 19a as follows:
"Article 19a. Placement operation in the
branches of the enterprises (hereinafter referred to as branches):
1. Branches lawfully established under the
provisions of the Law on Enterprises and being ensured fully conditions as
prescribed in Clause 1, 2 and 4 of Article 12 of this Decree are operated
placement.
2. Branches operating placement in the provinces
and cities directly under the Central Government where the enterprises are
issued permits for placement operation must be informed in writing by the
enterprises to the Departments of Labor, War Invalids and Social Affairs of
provinces and cities directly under the Central Government where the
enterprises operate together with the Decision of Enterprises assigning the
task of placement for the branches. The time limit for submitting a written
notice is at least 05 (five) working days prior to the date of starting
operations of the branches.
3. Branch operating placement outside the
province or city directly under the Central Government where the enterprise is
granted permit must register with the Department of Labor, War Invalids and
Social Affairs of province and city directly under the Central Government where
the branch operates. Registration procedures for the placement operation shall
be made by branch’s director under the guidance of the Ministry of Labor, War
Invalids and Social Affairs.
4. Duration of branch’s placement operation does
not exceed the time limit of the permit for placement operation of the
enterprises.
5. At office, the branch must publicize the
decision of the enterprise assigning placement operation for the branch and a
copy of the placement operation License of the enterprise.
6. Branch must report irregularly under the
provisions of the Decree No.19/2005/ND-CP dated February 28, 2005 and subject
to the inspection and examination of the Department of Labor, Invalids and
Social Affairs of the locality where the branch operates."
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"Article 24. Responsibilities of the
Ministry of Finance
To preside over and coordinate with the Ministry
of Labor, War Invalids and Social Affairs to guide the management and use of
placement fees."
Article 2. The Ministry of Labor, War
Invalids and Social Affairs, the relevant ministries and branches within its
function, tasks are responsible for guiding the implementation of this Decree.
Article 3. This Decree takes effect 15
days from the date of publication in the Official Gazette. All previous
provisions contrary to the provisions of this Decree are hereby annulled.
Article 4. The Ministers, heads of
ministerial-level agencies, the heads of the Governmental agencies, chairmen of
the People's Committees of provinces and cities directly under the Central
Government are responsible for the implementation of this Decree./.
FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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