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THE MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
27/2015/TT-BLDTBXH
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Hanoi, July 24,
2015
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CIRCULAR
ON
GUIDELINES FOR COLLECTING, ARCHIVING AND SYNTHESIZING LABOR MARKET INFORMATION
Pursuant to the Law on employment dated November
16, 2013;
Pursuant to the Decree No. 106/2012/ND-CP dated
December 20, 2012 defining functions, tasks, powers and organizational
structure of the Ministry of Labor, War Invalids and Social Affairs;
At the request of Director of Depart of
employment;
The Minister of Labor, War Invalids and Social
Affairs promulgates a Circular on guidelines for collecting, archiving and
synthesizing labor market information.
Chapter I
GENERAL PROVISIONS
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This Circular provides guidelines for collecting,
archiving and synthesizing labor market information under management of the
Ministry of Labor, War Invalids and Social Affairs as prescribed in Clause 2
Article 24 of the Law on employment.
Article 2. Regulated entities
1. Employees prescribed in Clause 1 Article 3 of
the Law on employment.
2. Employers prescribed in Clause 2 Article 3 of
the Labor Code.
3. Employees being foreign workers in Vietnam as
prescribed in the Labor Code and guiding documents.
4. People’s Committees of communes, wards or
commune-level towns (hereinafter referred to as People’s Committees of
communes).
5. People’s Committees of districts, district-level
towns, province-affiliated cities (hereinafter referred to as People’s
Committees of districts).
6. People’s Committees of provinces or
central-affiliated cities (hereinafter referred to as People’s Committees of
provinces).
7. Any agency, enterprise, organization, other
individual relating to this Circular.
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Labor market database includes two parts, including
Labor supply database and Labor demand database:
1. The Labor supply database includes basic
information of employees about their demography, education, qualifications,
fields of study, and business activities.
2. The Labor demand database includes basic
information of employers about their types of business, business lines,
employment and demand for employment.
Chapter II
COLLECTING LABOR MARKET
INFORMATION
Section 1: COLLECTING LABOR
SUPPLY INFORMATION
Article 4. Collected entities
Collected entities of the Labor supply information
are employees.
Article 5. Collecting contents
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2. Education levels.
3. Qualifications and fields of study.
4. Business activities:
a) With regard to the employed, information about
their positions, jobs, workplace, types of business entities is collected;
b) With regard to the unemployed, information about
worked or never worked, duration of unemployment is collected.
5. Collected entities not engaged in business
activities according to reasons.
Article 6. Date and period of time
for collecting information
1. The date for collecting information is July 1 of
the same year.
2. The period of time for collecting information is
within 30 days from the date on which the information is collected as
prescribed in Clause 1 of this Article.
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1. Each People’s Committee of commune shall:
a) Collect initial information, update changed
information of the employees named in the household registration books or
temporary registration books under management by villages, hamlets or
neighborhoods (hereinafter referred to as villages) as prescribed in Article 4,
5 and 6 to the register of labor market information – Labor supply part
(hereinafter referred to as Labor supply register) issued herewith from July 1
to July 30 of the same year;
b) Receive and transfer the Labor supply register
according to the plan of Services of Labor, War Invalids and Social Affairs as
prescribed in Point a Article 3 of this Article.
2. The People’s Committees of districts shall
provide the People’s Committees of the communes with instructions in collecting
initial information and updating changed information about the employees.
3. Each Service of Labor, War Invalids and Social
Affairs shall assist the People’s Committee of province at the same administrative
level to:
a) Formulate plans for collecting, archiving and
synthesizing the Labor supply information of the province;
b) Instruct the People’s Committees of districts to
direct the People’s Committees of communes to collect the employees’ information;
c) Update and manage initial and changed employees’
information to the labor market database system of the province;
d) Transfer the Labor supply information of the
province to the National labor market database system according to the guidance
of the Ministry of Labor, War Invalids and Social Affairs from September 1 to
September 30 of the same year.
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Article 8. Collected entities
Collected entities of the Labor demand information
are employers.
Article 9. Collecting contents
1. Identification, including names, addresses,
types and codes of the employers.
2. Main business lines.
3. Salaries.
4. Number of employees classified by genders,
types, labor contracts, positions, education levels, and professional levels.
5. Number of employees recruited according to their
professional competence.
Article 10. Date and period of
time for collecting
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2. The period of time for collecting information is
within 30 days from the date on which the information is collected as
prescribed in Clause 1 of this Article.
Article 11. Method
1. Each People’s Committee of district shall:
a) Record initial and changed information about the
employers having headquarters, branches, representative offices in the
administrative divisions prescribed in Articles 8, 9 and 10 to the Register of
labor market information – the Labor demand part (hereinafter referred to as
Labor demand register) issued herewith from July 1 to July 30 of the same year;
b) Receive and transfer the Labor demand register
according to the plan of Services of Labor, War Invalids and Social Affairs as
prescribed in Point a Article 2 of this Article.
2. Each Service of Labor, War Invalids and Social
Affairs shall assist the People’s Committee of province to:
a) Formulate plans for collecting, archiving and
synthesizing the Labor demand information of the province;
b) Instruct the People’s Committees of districts
collect the employers’ information;
c) Update and manage initial and changed employers’
information to the labor market database system of the province;
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Section 3: COLLECTING
INFORMATION ABOUT FOREIGN WORKERS IN VIETNAM
Article 12. Collected entities
Collected entities are employees being foreign
workers in Vietnam as prescribed in Clause 3 Article 2 of this Circular.
Article 13. Collecting
contents
1. Personal information, including full names,
nationalities, dates of birth, genders, and passports.
2. Work permits.
3. Jobs, including positions and medium salaries.
Article 14. Collecting time
and methods
Collecting time, methods and forms shall comply
with law on management of foreign workers in Vietnam.
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Article 15. Collected entities
Collected entities are employees, prescribed in
Clause 1 Article 2 of this Circular, who are contracted to work abroad as
mentioned in the Law on contracted Vietnamese guest workers.
Article 16. Collecting
contents
1. Demography, including full names, genders, dates
of birth, native places, and passports.
2. Overseas jobs, including information about terms
of contracts, time for exit the country, industries, and workplace.
3. Time for repatriation, reasons.
Article 17. Collecting time
and methods
Collecting time, methods and forms shall comply
with the Law on contracted Vietnamese guest workers and guiding documents.
Chapter III
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Article 18. Archiving labor
market information
1. People’s Committees of communes shall archive
Labor supply registers.
2. Each Committee division of Labor, War Invalids
and Social Affairs of district shall assist the People’s Committee of district
at the same administrative level to archive Labor demand registers and reports
on labor market information.
3. Each Service of Labor, War Invalids and Social
Affairs shall assist the People’s Committee of the province at the same
administrative level to synthesize and manage the labor market information of the
province and transfer database to the National labor market database which is
situated in the Ministry of Labor, War Invalids and Social Affairs.
Article 19. Managing Labor
market database
1. People’s Committee of communes, People’s
Committee of districts shall manage and ensure confidentiality of information
about employees and employers specified in the Labor supply registers and the
Labor demand registers.
2. Each Service of Labor, War Invalids and Social
Affairs shall assist the People’s Committee of the province at the same
administrative level to manage the Local labor market database; manage and
administer the operation of the Local labor market database.
Services of Labor, War Invalids and Social Affairs
shall be granted accounts to employ the Labor market database and held
accountable for using those accounts.
3. The Ministry of Labor, War Invalids and Social
Affairs shall assign Department of employment to take charge and cooperate with
relevant agencies in creating, managing and administering the operation of the
National labor market database; assist relevant agencies and organizations to
employ the labor market database.
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SYNTHESIZING AND
ANNOUNCING LABOR MARKET INFORMATION
Article 20. Synthesizing and
reporting labor market information
1. Each People’s Committee of commune shall
synthesize and send report on labor market information of the commune using the
Form No. 01 issued herewith and send it to the People’s Committee of the
district through the Committee division of Labor, War Invalids and Social
Affairs before August 10 of the same year.
2. Each Committee division of Labor, War Invalids
and Social Affairs shall assist the People’s Committee of district to
synthesize and send report on labor market information of the district using
the Form No. 02 issued herewith and send it to the People’s Committee of the
province through the Service of Labor, War Invalids and Social Affairs before
August 30 of the same year.
3. Each Service of Labor, War Invalids and Social
Affairs shall synthesize and send report on labor market information of the
province using the Form No. 03 issued herewith and send it to the People’s
Committee of the province and the Ministry of Labor, War Invalids and Social
Affairs through the Department of employment before September 30 of the same
year.
4. The reports on contracted Vietnamese guest
workers and foreign workers in Vietnam shall comply with regulations of law.
5. The reports prescribed in Clauses 1, 2, 3 and 4
of this Article shall be sent by post or via Internet as prescribed.
Article 21. Announcing labor
market information
1. The labor market information shall be announced
publicly, on schedule in terms of each type of information and entity,
excluding information that need confidential prescribed in Clause 2 Article 28
of the Law on employment.
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3. The competent persons in charge of announcement
of labor market prescribed in Article 24 of the Law on employment shall take
responsibility for the reliability of the announcing information.
4. The labor market information announced by the
competent persons as prescribed in Clause 3 of this Article is legal
information.
5. Information announcement period: every year.
Article 22. Using labor market
information
1. The labor market information announced as
prescribed in Article 21 of this Circular is public property. Every
organization or individual is equal to access to the announced labor market
information.
2. The announced labor market information shall be
used honestly and stated origin of the information.
3. The labor market information is banned from
using the labor market information to harm National benefits, lawful rights and
interests of organizations or individuals.
Chapter V
IMPLEMENTATION
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Employees and employers must honestly and
sufficiently provide the information prescribed in Article 5 and Article 9 of
this Circular.
Article 24. Responsibilities
of entities in charge of collecting labor market information
1. Checking information about employees, keep
record, input data and return documents to the transferring
agencies/authorities.
2. Protect confidentiality of relevant information
and materials; do not correct, remove or damage the information and materials
and take responsibility for the accuracy and sufficiency of database inserted
or reported as prescribed.
Article 25. Responsibilities of
People’s Committees of communes
1. Manage the Labor supply registers and collect
initial information and update changed information about the employees in the
communes.
2. Inspect and observe the collecting of
information about the labor supply; synthesize and report labor market
information as prescribed in Clause 1 Article 20 of this Circular and send
regular reports at the request of the competent agency.
Article 26. Responsibilities
of People’s Committees of districts
1. Instruct People’s Committee of communes to
perform tasks as prescribed in Article 25 of this Circular.
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3. Inspect and observe the collecting of labor
market information; synthesize and report labor market information as
prescribed in Clause 2 Article 20 of this Circular and send regular reports at
the request of the competent agency.
Article 27. Responsibilities
of Services of Labor, War Invalids and Social Affairs
1. Take charge and cooperate with relevant agencies
in requesting the People’s Committees of the provinces to approve plans and
funding for collecting and synthesizing the labor market information.
2. Instruct People’s Committee of districts to
perform tasks as prescribed in Article 26 of this Circular.
3. Inspect and observe the collecting of labor
market information; synthesize and report labor market information as
prescribed in Clause 3 Article 20 of this Circular and send regular reports at
the request of the competent agency.
Article 28. Responsibilities
of People’s Committees of provinces
1. Request People’s Councils of provinces to
allocate budget for collecting, archiving, and synthesizing labor market
information.
2. Direct relevant agencies to collect labor market
information in the provinces.
Article 29. Responsibilities
of the Ministry of Labor, War Invalids and Social Affairs
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a) Annually formulate plans and estimates for
printing Labor supply registers, Labor supply registers, instruct and assist
local governments to collect, store and synthesize labor market information;
manage the archived and collective system of National labor market database;
b) Inspect, observe the collecting, archiving, and
synthesizing of labor market information of the local governments;
c) Synthesize and send regular reports on labor
market information and send irregular reports at the requests.
2. Assign Department of Overseas Labor Management
to perform the following tasks:
a) Annually formulate plans and estimates to
instruct and assist local governments to collect, store and synthesize
information about contracted Vietnamese guest workers;
b) Inspect and observe the collecting, archiving
and synthesizing of information about contracted Vietnamese guest workers;
c) Synthesize and report information about
contracted Vietnamese guest workers and send irregular reports at the requests.
3. Assign the Information Center to provide
instructions and ensure the security and safety of the National labor market
database.
Article 30. Effect
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2. Circular No. 25/2009/TT-BLDTBXH dated July 14,
2009 of the Ministry of Labor, War Invalids and Social Affairs on guidelines
for collecting and processing information about labor supply and demand shall
be annulled from the effective date of this Circular.
3. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Labor,
War Invalids and Social Affairs for consideration./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Thanh Hoa