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THE MINISTRY OF
LABOR, INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST REPUBLIC
OF VIET NAM
Independence - Freedom - Happiness
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No.
20/2003/TT-BLDTBXH
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Hanoi, September
22, 2003
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CIRCULAR
GUIDING
IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE
NO.39/2003/ND-CP, DATED APRIL 18, 2003, ON LABOR RECRUITMENT
For execution of the Government’s Decree No.
39/2003/ND-CP dated April 18, 2003, detailing and guiding the implementation of
a number of articles of the Labor Code regarding employment (hereinafter
abbreviated to Decree No. 39/2003/ND-CP), after having opinions contributed by
the Vietnam General Confederation of Labor, and relevant agencies, the Ministry
of Labor - Invalids and Social Affairs guides implementation of a number of Articles
of the Decree No. 39/2003/ND-CP, on labor recruitment as follows:
I. SUBJECTS OF APPLICATION
1. The employers:
The employers as prescribed in Clause 1
Article 7 of the Decree No. 39/2003/ND-CP include:
- Enterprises established and operating in
according to Law on State enterprises, Law on enterprises, Law on foreign
investment in Vietnam; foreign companies’ branches in Vietnam;
- Enterprises of political organizations,
political and social organizations:
- State agencies, non-business units of State
using laborers not being cadres, civil servants;
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- The non-public educational, health,
cultural and sport facilities established according to the Government's Decree
No. 73/1999/ND-CP dated August 19, 1999 on policies encouraging socialization
for activities in educational, health, cultural and sport fields;
- Cooperatives operating under the Law on
cooperatives using laborers not being cooperative members.
2. Vietnamese employees:
Vietnamese employees as prescribed in Clause
2 Article 7 of the Decree No. 39/2003/ND-CP, including persons from 15 years
old or elder who are finding jobs under the Labor Code, except subjects being
Vietnamese laborers working for foreign agencies, organizations and individuals
in Vietnam (as prescribed in Government's Decree No. 85/1998/ND-CP dated
October 20, 1998, on recruitment, employment and management of Vietnamese laborers
working for foreign organizations and individuals in Vietnam, and documents
amending and supplementing this Decree), and Vietnamese laborers going abroad
for work (prescribing in Government's Decree No. 81/2003/ND-CP dated July 17,
2003, detailing and guiding implementation of the Labor Code on Vietnamese
laborers going abroad for work).
II. PROCEDURES FOR RECRUITMENT
1. Notification of recruitment demand:
Notification of recruitment demand of
employers as defined in Clause 1 Article 8 of the Decree No. 39/2003/ND-CP is
prescribed as follows:
a) Time and form of recruitment notification:
The employers must notify at least 07 (seven)
days before receiving dossier of registration for recruitment of laborers and
must notify on one of following means of mass media:
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- Central or local radio stations:
- Central or local television stations:
Concurrently, the employers must post up at
their head offices at place convenient for laborers to get information on
demand of labor recruitment.
b) Content of recruitment notice: It must be
sufficient and exact for each position of job including:
- Quantity of laborers need be recruited for
each recruited position;
- Profession, job need be recruited for each
recruited position;
- Specialized qualification; professions and
the training level;
- Duration of labor contract going to sign
after being recruited;
- Levels of wage and other incomes for each
recruited position;
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- Necessary requirements of the employers;
- Papers in dossier applying for recruitment;
- Deadline of receiving dossiers applying for
recruitment, duration of recruitment.
2. Dossier applying for recruitment:
Dossier applying for recruitment defined in
Clause 2 Article 8 of the Decree No. 39/2003/ND-CP is prescribed as follows:
- An application for recruitment made
according to form 1 issued together with this Circular;
- Copy of labor book (not required to be
notarized); case of not yet been issued labor book, dossier must have
curriculum vitae made according to Form 2 issued together with this Circular;
- Copies of diplomas, certificates at the
request of the recruited position (not required to be notarized);
- Certificate of Health examination issued by
competent health agencies as prescribed by the Ministry of Health;
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3. The receipt and return of dossier applying
for recruitment:
- The laborers must submit dossier applying
for recruitment to the employers;
- The employers receiving dossier applying
for recruitment must record it in book for management and issue a receipt to
the applicant. The receipt must clearly state date of receiving dossier, papers
included in dossier and duration of recruitment.
- After each recruitment time, the employers
are responsible for notifying the recruitment result to each laborer
participating in application for recruitment.
- Within 30 days, after notification of
recruitment result, the laborers not be recruited or not come for joining in
recruitment may request for taking back dossier of application for
recruitment, and the employers must return dossier of application for
recruitment to laborers and revoke the receipt.
For organizations introducing employment,
after having contract of labor recruitment with the employers, they must ensure
content of notice of recruitment, receipt and return of dossiers applying for
recruitment applicable to the laborers in accordance with sub-item b point 1
and point 3 of this section.
4. Notification of list of recruited
laborers:
Within 07 (seven) days after ending each
recruitment time, enterprises with foreign investment capital must notify list
of the recruited laborers with the provincial Department of Labor - Invalids
and Social Affairs or the Management Board of industrial zones, processing and
exporting zones, hi-tech parks (for enterprises in industrial zones, processing
and exporting zones, hi-tech parks) according to form No. 3 issued together
with this Circular.
III. THE REPORTING REGIME
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1. Before July 05 and January 05 every year,
the employers shall report biannually and annually to the provincial
Departments of Labor - Invalids and Social Affairs, and Ministries, sectors, or
the Management Board of industrial zones, processing and exporting zones,
hi-tech parks (for enterprises in industrial zones, processing and exporting
zones, hi-tech parks) about employment of laborers and demand of labor
recruitment according to form No. 4 issued together with this Circular.
The Management Board of industrial zones,
processing and exporting zones, and hi-tech parks shall sum up and report
biannually and annually to the provincial Departments of Labor - Invalids and
Social Affairs and the Ministry of Labor - Invalids and Social Affairs about
employment of laborers and demand of labor recruitment.
2. Before July 31 and January 31 every year,
the provincial Departments of Labor - Invalids and Social Affairs shall sum up
and report biannually and annually to the Ministry of Labor - Invalids and
Social Affairs about employment of laborers and demand of labor recruitment of
all enterprises and organizations in their localities according to Form No. 5
issued together with this Circular.
IV. PROVISIONS OF IMPLEMENTATION:
This Circular takes effect 15 days, after
date of printing on Public Gazette. To annul the Circular No. 16/LDTBXH-TT
dated September 05, 1996 of the Ministry of Labor - Invalids and Social
Affairs, guiding implementation of the Government’s Decree No. 72/CP dated
October 31, 1995, on labor recruitment and the Circular No. 15/1998/TT-BLDTBXH
dated October 31, 1998 of the Ministry of Labor - Invalids and Social Affairs,
guiding supplementation to the Circular No. 16/LDTBXH-TT dated September 05,
1996 of the Ministry of 1998/TT-BLDTBXH dated October 31, 1998 of the Ministry
of Labor - Invalids and Social Affairs, on labor recruitment.
In the course of implementation, any arising
problems should be reported timely to the Ministry of Labor - Invalids and
Social Affairs for study and settlement.
THE MINISTER OF LABOR - INVALIDS
AND SOCIAL AFFAIRS
Nguyen Thi Hang
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