|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
|
No:
39/2003/ND-CP
|
Hanoi,
April 18, 2003
|
DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF
ARTICLES OF THE LABOR CODE REGARDING EMPLOYMENT
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 23, 1994 Labor Code and the April 2, 2002 Law amending and
supplementing a number of articles of the Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
EMPLOYMENT PROGRAMS
Article 1.- Job-creation
norms and employment support policies
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Formulation and realization of job-creation
norms:
a) The programs, projects and plans on
socio-economic development must include job-creation norms.
b) Annually, the employing enterprises,
organizations, units and individuals shall have to report the results of
realization of job-creation norms to the ministries, branches and localities.
c) Annually, the ministries, branches and
localities shall have to sum-up and report their job-creation norms to the
Ministry of Labor, War Invalids and Social Affairs and the Ministry of Planning
and Investment.
d) The Ministry of Labor, War Invalids and
Social Affairs shall coordinate with the Ministry of Planning and Investment in
guiding, inspecting and reporting to the Government on the results of,
realization of five-year and annual job-creation norms.
3. Employment support policies:
a) The Ministry of Finance shall assume the
prime responsibility and coordinate with the Ministry of Labor, War Invalids
and Social Affairs and the concerned ministries and branches in submitting to
the Government for promulgation, or promulgate according to its competence,
policies on financial support, tax exemption and reduction, and on the
application of other incentive measures for enterprises, organizations, units
and individuals of all economic sectors to create jobs for many laborers.
b) Vietnam State Bank shall assume the prime
responsibility and coordinate with the Ministry of Labor, War Invalids and
Social Affairs in studying and submitting to the Government for promulgation,
or promulgate according to its competence, policies on loan provision for
laborers to work aboard for definite periods of time, create jobs for themselves
and attract many laborers.
c) The Ministry of Science and Technology shall
assume the prime responsibility and coordinate with the Ministry of Labor, War
Invalids and Social Affairs in studying and submitting to the Government for
promulgation, or promulgate according to its competence, policies to encourage
the development of new technologies and techniques involving many laborers.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
e) The Ministry of Agriculture and Rural
Development shall assume the prime responsibility and coordinate with the
Ministry of Labor, War Invalids and Social Affairs and the concerned ministries
and branches in studying and promulgating policies to encourage job creation in
rural areas.
f) The Ministry of Labor, War Invalids and
Social Affairs shall have to study and submit to the Government for
promulgation or promulgate according to its competence:
- Policies on support for job creation for
female laborers and laborers being disabled;
- Policies on job-training and retraining for
laborers.
g) The Ministry of Education and Training shall
assume the prime responsibility and coordinate with the Ministry of Labor, War
Invalids and Social Affairs as well as other concerned ministries and branches
in studying and submitting to the Government for promulgation, or promulgate
according to its competence:
- Policies to encourage the laborers to study
and raise their qualifications in order to meet requirements of the development
of production and new technologies;
- Policies on job creation for students and
pupils having graduated from universities, colleges and intermediate vocational
schools.
h) The Ministry of Defense and the Ministry of
Public Security shall assume the prime responsibility and coordinate with the
Ministry of Labor, War Invalids and Social Affairs as well as other concerned
ministries and branches in studying, formulating and submitting to the
Government for promulgation, or promulgate according to its competence,
policies on job creation for armymen and policemen, who have fulfilled their
duties.
Article 2.- National
employment program:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The Ministry of Labor, War Invalids and
Social Affairs shall assume the prime responsibility and coordinate with the
Ministry of Planning and Investment and the Ministry of Finance in submitting
to the Government the national employment program and submitting to the Prime
Minister for promulgation the mechanism for management and administration of
the operation of the National Employment Fund.
3. The Ministry of Planning and Investment shall
assume the prime responsibility and coordinate with the Ministry of Finance and
the Ministry of Labor, War Invalids and Social Affairs in working out annual and
five-year plans on financial sources for the national employment program.
Article 3.- The National
Employment Fund shall be formed and used as follows:
1. The National Employment Fund shall be formed
from the following sources:
a) The State budget.
b) Assistance from organizations and individuals
at home and abroad.
c) Other assistance sources.
2. The National Employment Fund shall be used
for the following purposes:
a) To provide loans capital under small-sized
projects to create jobs for several subjects.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) To support the consolidation and development
of the system of job-recommendation organizations as well as labor market
development activities.
Article 4.- Local
employment programs
1. Local employment programs defined in Clause
2, Article 15 of the Labor Code cover: objectives, norms, operation contents,
time, solutions, financial sources, implementation organization and program
management.
2. Annually, the provincial/municipal People’s
Committees shall formulate the employment programs and funds of their
respective localities and submit them to the People’s Councils of the same
levels for decision; and organize the implementation of such decisions and report
the results to the Ministry of Labor, War Invalids and Social Affairs and the
Ministry of Planning and Investment.
Article 5.- Local
employment funds shall be formed and used as follows:
1. Local employment funds shall be formed from
the following sources:
a) The local budgets as decided by the
provincial/municipal People’s Councils.
b) Assistance from organizations and individuals
at home and abroad.
c) Other assistance sources.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 6.- The Ministry
of Finance shall assume the prime responsibility and coordinate with the
Ministry of Labor, War Invalids and Social Affairs and the Ministry of Planning
and Investment in formulating and promulgating the Regulation on financial
management applicable to the National Employment Fund and the local employment
funds.
Chapter II
LABOR RECRUITMENT
Article 7.- The
recruitment of Vietnamese labor under the provisions in Clause 2, Article 16
and Clause 1, Article 132 of the Labor Code, is prescribed as follows:
1. Employers may recruit Vietnamese laborers
directly or through job-recommending organizations according to their
requirements.
2. Laborers may make direct contacts or register
at job-recommending organizations in order to find jobs.
Article 8.- Procedures
for labor recruitment
1. At least 7 days before receiving the dossiers
of registration for recruitment examination from laborers, the employers must
announce on the mass media and post up at their headquarters their demands for
labor recruitment. The contents thereof cover: professions, jobs, professional
qualifications, number of laborers to be recruited, terms of labor contracts,
wage levels, working conditions and some other requirements if the enterprises
deem them necessary.
2. A dossier of registration for recruitment
examination includes:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- A copy of the labor book (notarization is not
required). In cases where the labor book is not yet granted, there must be a
curriculum vitae made according to the form prescribed by the Ministry of
Labor, War Invalids and Social Affairs.
- Copies of diplomas and certificates as
required for the to be-recruited positions (notarization is not required).
- Paper on health check by competent medical
agencies.
- Other papers prescribed by enterprises due to
the stringency of the jobs.
3. When receiving the dossiers of registration
for recruitment examination, the employers shall have to make records on
monitoring books and hand over receipts thereof to the laborers, clearly
stating the recruitment time. In cases when the laborers fail or do not sit in
the recruitment examination, the employers shall have to return the dossiers to
such laborers and take back the receipts.
4. The employers shall have to pay all expenses
for labor recruitment (except for dossiers of registration for recruitment
examination) and be allowed to account these expenses into their production
costs or circulation charges.
5. The employers that recruit laborers through
job-recommending organizations shall have to pay job-recommendation charges to
these job-recommending organizations as prescribed by law.
6. The laborers, who register to find jobs
through job-recommending organizations shall also have to submit to such
job-recommending organizations their dossiers as prescribed in Clause 2 of this
Article and if they are employed, they must pay job-recommendation charges to
job-recommending organizations as prescribed by law. The laborers who register
to find jobs through job-recommending organizations under the provisions in
Clause 1, Article 15 of this Decree shall be exempt from job-recommendation
charges. The State shall support job-recommending centers for the latter to
find jobs for the laborers.
Article 9.- The granting
of labor books to laborers under the provisions in Article 183 of the Labor
Code is prescribed as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Those who are aged full 15 years or older,
have working capacity and have entered into labor contracts shall also be
granted labor books.
3. Those who are granted labor books shall have
to pay expenses for printing and distribution of labor books.
The Ministry of Labor, War Invalids and Social
Affairs shall prescribe the form as well as the granting, use and management of
labor books.
Article 10.- The
employers, the ministries, branches and localities shall have to make
periodical reports on labor recruitment and use according to the stipulations
of the Ministry of Labor, War Invalids and Social Affairs.
Chapter III
JOB-LOSS ALLOWANCE
Article 11.- The
following cases shall be considered restructuring or technological change as
prescribed in Clause 1, Article 17 of the Labor Code:
1. Replacing all or part of machinery, equipment
and technological process with advanced ones of higher labor productivity.
2. Changing products or product structures
leading to the use of less laborers.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
If due to the above-stated changes, laborers
lose their jobs, the employers shall have to re-train the laborers for new
jobs. If the employers fail to create new jobs and let the laborers to leave
their jobs, they must pay job-loss allowance according to the provisions in
Clause 1, Article 17 of the Labor Code and Articles 12 and 13 of this Decree.
Article 12.- The
job-loss allowance levels prescribed in Clause 1, Article 17 of the Labor Code
is stipulated as follows:
1. Job-loss allowance shall be calculated on the
basis of the wage levels prescribed in the Government’s Decree No.
114/2002/ND-CP of December 31, 2002 detailing and guiding the implementation of
a number of articles of the Labor Code on wages and salaries.
2. The time for calculation of job-loss
allowance shall be the total time the laborers have actually worked for the
employers until they lose their jobs. In cases where the laborers had
previously worked in the State sector but not yet received the severance
allowance or job-loss allowance, such period of time shall only be calculated
for receipt of severance allowance prescribed in Article 42 of the Labor Code.
The severance allowance shall be paid by the job-loss allowance reserve funds
of the units where the laborers subject to job loss work, together with
job-loss allowance.
Particularly for laborers working in enterprises
undertaking plans for reorganization and transformation in the form of
assignment, purchase, contractual assignment, lease or equitization of
enterprises, the labor regimes prescribed by the State for these cases shall
apply.
3. The working time entitled to job-loss
allowance shall be the period of time of full one year (12 months) or more, in
case of odd months, the following provisions shall apply:
a) The period of less than one month shall not
be calculated for job-loss allowance.
b) The period of between 1 and under 6 months
shall be calculated as equal to 6 months of work for enjoyment of the job-loss
allowance equal to half of one month’s salaries.
c) The period of full 6 months or more shall be
calculated as equal to 1 year of work for enjoyment of the job-loss allowance
equal to one month’s salaries.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 13.- Reserve
fund for job-loss allowance as defined in Clause 3, Article 17 of the Labor
Code shall be prescribed as follows:
1. Enterprises shall have to set up reserve
funds for job-loss allowance so as to pay allowances in time to their laborers
subject to job loss.
2. The levels of deduction for job-loss
allowance reserve funds shall be between 1% and 3% of the total salary funds
used as basis for enterprises to pay the social insurance premiums and be accounted
into their production costs or circulation charges.
3. The Ministry of Finance shall assume the
prime responsibility and coordinate with the Ministry of Labor, War Invalids
and Social Affairs in providing for the setting up, management and use of job-loss
allowance reserve funds of enterprises.
Chapter IV
JOB-RECOMMENDING
ORGANIZATIONS
Article 14.-
Job-recommending organizations defined in Clause 1, Article 18 of the Labor
Code include: job-recommending centers and enterprises specialized in job recommendation.
Article 15.- Operation
of job-recommending organizations:
1. Job-recommending centers set up by State
agencies or socio-political organizations are non-business units with revenues
and part of expenses for their regular activities being covered by themselves
according to the Government’s Decree No. 10/2002/ND-CP of January 16, 2002,
which operate in the social domain, are assigned payroll and norms by the State
or socio-political organizations, entitled to investment support from State
budget source in term of equipment and facilities, material foundations,
financial support, and entitled to tax exemption or reduction as prescribed by
law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The Ministry of Labor, War Invalids and
Social Affairs shall summit to the Prime Minister for promulgation the
Regulation on job-recommending organizations and activities.
Chapter V
IMPLEMENTATION
ORGANIZATION
Article 16.- This
Decree takes effect 15 days after its publication in the Official Gazette.
This Decree replaces 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 on employment.
Article 17.- The
Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance,
the Ministry of Planning and Investment and concerned ministries and branches
shall, within the scope of their functions, tasks and powers, have to guide the
implementation of this Decree.
Article 18.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the
provincial/municipal People’s Committees shall have to implement this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.