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THE
MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIET
NAM
Independence
- Freedom - Happiness
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No:
04/2000/TT-BLDTBXH
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Hanoi,
May 16, 2000
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CIRCULAR
GUIDING THE
METHOD OF CALCULATING THE NUMBER OF EMPLOYED LABORERS ACCORDING TO THE
PROVISIONS OF ARTICLE 54, DECREE No. 12/CP OF FEBRUARY 18, 1997 OF THE
GOVERNMENT
In furtherance of Decree No. 12/CP of
February 18, 1997 of the Government detailing the implementation of the Law on
Foreign Investment in Vietnam, after consulting a number of concerned
ministries and branches, the Ministry of Labor, War Invalids and Social Affairs
guides the calculation of the number of employed laborers as follows:
I. OBJECTS OF APPLICATION
Subject to the application of the method of
calculating the number of employed laborers are those subject to the Law on
Foreign Investment in Vietnam as stipulated in Decree No. 12/CP of February 18,
1997 of the Government detailing the implementation of the Law on Foreign
Investment in Vietnam.
II. METHOD OF CALCULATING THE NUMBER OF
EMPLOYED LABOR
The annual average number of employed laborers
shall be calculated according to the following formula:
li
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=
Lk: The average number of employed
laborers in year k;
The total of average
numbers employed
i = 1 laborers of months in year k;
Especially
for enterprises that have started their operation, the number of months in the
year shall be calculated according to the actual number of months of operation
in the year.
2. The average number of employed laborers per
month shall be calculated according to the following formula:
n
∑
Xj
j = 1
Li = _____
n
In which:
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Xj:
The total of number of laborers of days in the month
3.
Calculation method for fraction: When calculating the annual average number of
employed laborers according to the above-mentioned formula, the fraction (if
any) shall be calculated in round figures on the following principles: the
fraction of above 0.5 shall be rounded up to 1, those of under 0.5 shall not be
included (For example, 499.51 shall be rounded up to 500; 499.45 rounded down
to 499). For the monthly average number of employed laborers which has a
fraction, two numerals behind the comma shall be kept intact and not rounded.
III. IMPLEMENTATION ORGANIZATION
1. Quarterly, the concerned units shall have to
report on the number of employed laborers to the provincial/municipal Labor,
War Invalids and Social Affair Services in their respective localities.
2. This Circular takes effect after the date of
its signing. The units that have not yet calculated the number of laborers
employed in the year 1999 shall apply this calculation method.
In the course of implementation, any arising
problems should be reported to the Ministry of Labor, War Invalids and Social
Affair for consideration and settlement.
MINISTER
OF LABOR, WAR INVALIDS AND SOCIAL AFFAIR
Nguyen Thi Hang
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