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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 03/2014/ND-CP
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Hanoi, January 16, 2014
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DECREE
DETAILING A NUMBER OF
ARTICLES OF THE LABOR CODE ON EMPLOYMENT
Pursuant
to the December 25, 2001 Law on Organization of the Government;
Pursuant
to the June 18, 2012 Labor Code;
At
the proposal of the Minister of Labor, War Invalids and Social Affairs,
The
Government promulgates the Decree detailing a number of articles of the Labor
Code on employment.
Chapter I
GENERAL
PROVISIONS
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This
Decree details a number of articles of the Labor Code on targets of new jobs;
the National Employment Fund; local employment programs and labor recruitment
and management.
Article 2. Subjects of application
1.
Employees defined in Clause 1, Article 3 of the Labor Code.
2.
Employers defined in Clause 2, Article 3 of the Labor Code.
3.
Other agencies, enterprises, organizations and individuals related to the
contents specified in Article 1 of this Decree.
Chapter II
TARGETS
OF NEW JOBS, NATIONAL EMPLOYMENT FUND AND LOCAL EMPLOYMENT PROGRAMS
Article 3. Target of new jobs
1.
The target of new jobs specified in Clause 1, Article 12 of the Labor Code is a
target showing the number of newly employed laborers within a reporting period.
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3.
The responsibility to report on results of the target of new jobs is as
follows:
a/
Annually, People’s Committees of communes, wards, townships; and People’s
Committees of districts, towns and provincial cities shall summarize results of
the realization of the target of new jobs in localities to report to superior
People’s Committees;
b/
Annually, People’s Committees of provinces and centrally run cities (below
referred to as provincial-level People’s Committees) shall summarize results of
realizing targets of new jobs in their localities and report them to the
Ministry of Labor, War Invalids and Social Affairs.
4.
The Ministry of Labor, War Invalids and Social Affairs shall assume the prime
responsibility for, and coordinate with the Ministry of Planning and Investment
in, guiding, examining, and reporting to the Government on results of
realizing, five-year and annual targets of new jobs.
Article 4. National Employment Fund
1.
The National Employment Fund is formed from the following sources:
a)
The state budget;
b)
Aid of organizations and individuals at home and abroad;
c)
Other lawful aid sources.
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a/
To provide preferential loans to small- and medium-sized enterprises, cooperatives,
cooperative groups, business households and laborers to assist them in
creating, maintaining and expanding jobs;
b/
To support enterprises in difficult circumstances due to economic recession in
order to limit the number of job losers;
c/
To support the development of employment service organizations and the labor
market information system.
3.
The Ministry of Labor, War Invalids and Social Affairs shall assume the prime
responsibility for, and coordinate with related ministries and agencies in,
submitting to the Prime Minister for promulgation the mechanism for management
and use of the National Employment Fund.
4.
Annually, the Ministry of Labor, War Invalids and Social Affairs shall assume
the prime responsibility for, and coordinate with the Ministry of Planning and
Investment and the Ministry of Finance in, formulating plans on additional
allocation of the state budget to the National Employment Fund and submit them
to the Prime Minister for decision.
Article 5. Local employment programs
1.
Local employment programs referred to in Clause 1, Article 13 of the Labor Code
cover targets, major tasks, subjects, scope of implementation, time,
organization of implementation, mechanisms and policies for implementation.
2.
Based on local socio-economic conditions in each period, provincial-level
People’s Committees shall formulate local employment programs and submit them
to same-level People’s Councils for decision; and organize the implementation
of these programs and annually report implementation results to the Ministry of
Labor, War Invalids and Social Affairs.
Chapter III
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Article 6. Labor recruitment
The
recruitment of Vietnamese laborers to work for Vietnamese employers; and to
work in industrial parks, export processing zones, hi-tech zones and economic
zones (below referred to as industrial zones) defined in Article 11 and Clause
2, Article 168 of the Labor Code is prescribed as follows:
1.
Employers may recruit Vietnamese laborers directly or through employment
service organizations or labor sub-lease enterprises.
2.
Laborers may directly contact employers or register through employment service
organizations to find jobs.
Article 7. Labor recruitment procedures and order
1.
At least 5 working days before receiving dossiers of registration for
recruitment examination from laborers, an employer, an employment service
organization or a labor sub-lease enterprise shall publicly notify its demand
for labor recruitment. A notification contains the following details:
a/
Professions, jobs, professional qualifications and number of laborers to be
recruited;
b/
Type of labor contract to be signed;
c/
Offered wage level;
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2.
A dossier of registration for recruitment examination comprises:
a/
The written registration for recruitment examination, made according to the
form set by the Ministry of Labor, War Invalids and Social Affairs;
b/
Copies of diplomas and certificates of professional and technical
qualifications, foreign language and computing skills as required for vacant
positions;
c/
Health certificate prescribed by the Ministry of Health;
d/
Other necessary papers prescribed by law.
3.
When receiving a dossier of registration for recruitment examination, an
employer, an employment service organization or labor sub-lease enterprise
shall manage such dossier and clearly notify the laborer of the recruitment
time.
4.
Employers, employment service organizations or labor sub-lease enterprises shall
publicly notify results of labor recruitment within 5 working days from the
date of obtaining such results.
5.
For laborers who fail or do not sit the recruitment examination, employers,
employment service organizations or labor sub-lease enterprises shall return
dossiers of registration for recruitment examination to them within 5 working
days after the laborers so request.
6.
Employers shall pay all expenses for the labor recruitment and may account as
their production and business costs the following expenses:
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b/
Expense for receipt and management of dossiers of registration for recruitment
examination;
c/
Expense for organization of recruitment examination;
d/
Expense for notification of recruitment results.
Employers
that recruit laborers through employment service organizations shall pay
employment service charges to these organizations as prescribed by law.
Article 8. Reports on use of labor
1.
Within 30 days from the date of operation commencement, an employer shall
declare the use of labor to the Labor, War Invalids and Social Affairs Division
or Department (for employers operating in industrial parks) of the locality
where its/his/her head office, branch or representative office is located.
2.
Biannually or annually, an employer shall report on labor changes to the Labor,
War Invalids and Social Affairs Division or Department (for employers operating
in industrial parks) of the locality where its/his/her head office, branch or
representative office is located.
3.
Biannually or annually, a labor sub-lease enterprise shall report on the number
of sub-leased laborers to the Labor, War Invalids and Social Affairs Department
of the locality where its head office, branch or representative office is
located.
4.
Biannually or annually, the Labor, War Invalids and Social Affairs Division
shall summarize the situation of labor use and change in labor of local
enterprises and report them to the Labor, War Invalids and Social Affairs
Department.
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Article 9. Labor management book
Employers
shall compile, manage and use labor management books as prescribed by the
Ministry of Labor, War Invalids and Social Affairs.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 10. Effect
1.
This Decree takes effect on March 15, 2014.
2.
The Government’s Decree No. 39/2003/ND-CP of April 14, 2003, detailing and
guiding a number of articles of the Labor Code on employment ceases to be
effective on the effective date of this Decree.
Article 11. Implementation responsibility
1.
The Minister of Labor, War Invalids and Social Affairs shall guide the
implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung