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MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
07/2015/TT-BLDTBXH
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Hanoi, February
25, 2015
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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