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THE MINISTRY OF LABOR, WAR INVALIDS AND
SOCIAL AFFAIRS
THE MINISTRY OF NATIONAL DEFENSE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
29/1999/TTLT/BLDTBXH-BQP
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Hanoi, December 6, 1999
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JOINT CIRCULAR
GUIDING THE
DECLARATION OF LABOR USE UPON THE COMMENCEMENT OF ENTERPRISES’ OPERATION, THE
REPORT ON LABOR USE DURING ENTERPRISES’ OPERATION AND THE REPORT ON CESSATION
OF LABOR USE UPON THE TERMINATION OF ENTERPRISES’ OPERATION, APPLICABLE TO
ENTERPRISES IN THE ARMY
Pursuant
to Article 182 of the Labor Code and the Government’s Decree No. 72/CP of
October 31, 1995 detailing and guiding the implementation of a number of
articles of the Labor Code regarding employment; after consulting with the
concerned ministries and the Vietnam Confederation of Labor; The Ministry of
Labor, War Invalids and Social Affairs and the Ministry of Defense hereby
jointly guide the declaration of labor use upon the commencement of
enterprises’ operation, the report on labor use during enterprises’ operation
and the report on cessation of labor use upon the termination of enterprises’
operation, applicable to enterprises in the army as follows:
I.
OBJECTS AND SCOPE OF APPLICATION
Enterprises in the army, including:
- Economic enterprises;
- Foreign-invested enterprises, enterprises with
foreign parties participating in business cooperation contracts (hereafter
referred collectively to as the enterprises).
II.
DECLARATION OF LABOR USE UPON THE COMMENCEMENT OF ENTERPRISES’ OPERATION
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2. Within 30 days after the enterprises commence
their operations, the employers shall have to make declaration of labor use to
the local Services of Labor, War Invalids and Social Affairs and the Ministry
of Defense on the enterprises’ labor quantity and quality.
III.
REPORT ON LABOR USE DURING THE ENTERPRISES’ OPERATION
Annually, before January 15 and before July 15,
the employers of the enterprises shall have to report on labor use situation,
labor recruitment demand as well as the implementation of labor policies and
regimes in the previous year and the first 6 months of the current year to the
local Services of Labor, War Invalids and Social Affairs and the Ministry of
Defense.
IV.
REPORT ON CESSATION OF LABOR USE UPON TERMINATION OF THE ENTERPRISES’
OPERATIONS
1. Enterprises terminating their operations as
prescribed in this Circular include: The enterprises decided by the competent
level to be dissolved; declared bankrupt; their operation licenses expired or
enterprises violated laws and had their operation licenses withdrawn by the
competent bodies.
2. Within 30 days after the enterprises
terminate their operations, the employers shall have to report on cessation of
labor use of the enterprises to the local Services of Labor, War Invalids and
Social Affairs and the Ministry of Defense.
V.
IMPLEMENTATION ORGANIZATION
1. Annually, in January and July, the Ministry
of Defense shall submit to the Ministry of Labor, War Invalids and Social
Affairs reports on the declaration of labor use upon the commencement of the
enterprises’ operations, the report on labor use of the enterprises and on
cessation of labor use upon the termination of the enterprises’ operation in
the previous year and the first 6 months of the current year.
2. This Circular takes effect 15 days after its
signing.
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Any problems arising in the course of the
implementation should be reported to the Ministry of Labor, War Invalids and
Social Affairs and the Ministry of Defense for study and settlement.
FOR THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
VICE MINISTER
Nguyen Luong Trao
FOR THE MINISTER OF DEFENSE
VICE MINISTER
LIEUTENANT GENERAL
Nguyen Van Rinh