|
GOVERNMENT
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------------
|
|
No.:
196/2013/ND-CP
|
Hanoi, November
21, 2013
|
DECREE
ESTABLISHMENT AND
OPERATION OF EMPLOYMENT SERVICE CENTERS
Pursuant to the Law on Government
Organization dated December 25, 2001;
Pursuant to the Labour Code
dated June 18, 2012;
At the request of Minister of
Labour, War Invalids and Social Affairs;
The Government promulgates this Decree to
provide for the establishment and operation of employment
service centers.
Article 1. Scope
This Decree deals with the establishment
and operation of employment service centers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Employment service centers established under
decisions of regulatory authorities, consisting of:
a) Employment service centers established under
decisions made by Chairpersons of People’s Committees of provinces or central-affiliated cities (hereinafter referred to as Provincial-level People’s Committees);
b) Employment service centers established under
decisions made by Ministers, Heads of Ministerial-level Agencies or Heads of
Agencies affiliated to the Government.
2. Employment service centers that are established
by heads of central-level socio-political organizations are governed by
regulations in this Decree.
3. Other entities and
individuals involved in establishment and operation of employment
service centers.
Article 3. Establishment
requirements
An employment service center to be established must
satisfy all of the following requirements:
1. Establish specific objectives, functions and duties.
2. Conform to the employment service center network
planning approved by the Prime Minister.
3. Have a head office or the project for allocation
of land to build the head office approved by a competent authority (if a new
head office is built).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Employ at least 15 officials who possess
associate’s degree or higher.
6. Have operating funding provided by the competent
authority that establishes such employment service center in accordance with
effective regulations of law.
7. The establishment of the employment service
centers prescribed in Point b Clause 1 and Clause 2 Article 2 herein requires
the written approval from the Chairperson of the People’s Committee
of the province where the head office of such center is located.
Article 4. Procedures and for establishment,
restructuring and dissolution
Procedures for establishment, restructuring and
dissolution of employment service centers are carried out in accordance with
regulations in the Government's Decree No. 55/2012/ND-CP
dated June 28, 2012 providing for the establishment, restructuring and
dissolution of public service providers and regulations in Article 3 herein.
Article 5. Duties of an employment service
center
1. Provide consulting services. To be specific:
a) Provide vocational training advice to workers
about the selection of training vocation, training level and training
institution according to their capacity and expectation;
b) Offer employment advice to workers about
selecting jobs appropriate to their capacity and expectation, skills in
application for job, self-employment and finding jobs domestically and abroad;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Provide advice about labour law and policies to
both workers and employers.
2. Provide jobs to workers, supply and recruit
workers upon request of employers. To be specific:
a) Introduce workers to employers;
b) Supply workers upon request of employers;
c) Organize recruitment examinations to recruit
qualified workers who can meet requirements of the employers;
d) Introduce and supply workers to units or
enterprises licensed to develop guest worker programs.
3. Collect, analyze, forecast and provide
information about labour market.
4. Provide training courses to improve workers'
capacity for finding jobs and training courses in other skills and vocations in
accordance with effective regulations of law.
5. Give assistance to workers in cases where they
change jobs, move to another working place or move abroad for working and other
supports as regulated by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. Implement employment programs and projects.
8. Implement unemployment insurance policies as prescribed by law.
9. Provide other services as
regulated by law.
Article 6. Name and organizational
structure of an employment service center
1. The name of an employment service center is
comprised of the phrase “Employment service center” and name of locality or
name of the authority in charge of managing this center.
2. Organizational structure of an
employment service center:
a) Leaders of an employment service center are
Director and several Deputy Directors;
b) Specialized departments and service departments
shall assist the Center’s Director. Based on specific workload, operating
characteristics and features of the center, the official who has the power to
establish the employment service center shall decide the number and names of
the center's specialized departments and service departments according to
assigned functions and duties of each department.
Article 7. Rights of an employment
service center
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Collect and analyze information about workers,
jobs and vocational training.
3. Issue printed matters and publish news about
labour market information in accordance with effective regulations of law.
4. Request employers to provide information about
employment status of their employees who are introduced or supplied by the
employment service center.
5. Collect fees under regulations of
the Law on Fees and Charges.
6. Exercise financial autonomy under
effective regulations of law.
7. Recruit, use and manage officials, public
employees and contractual employees under effective regulations of law.
Article 8. Responsibility of an
employment service center
1. Strictly comply with law regulations on establishment and operation of employment service center.
2. Formulate operational regulations of the center
under guidance by the Ministry of Labour, War Invalids and Social Affairs.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Exercise rights of officials,
public employees and contractual employees working at the center under effective regulations of law.
5. Implement contracts signed and commitments made with
workers, employers, trainees and persons who seek for consulting and employment
services.
6. Follow the employment status of workers who are
introduced or supplied by the employment service center during the period in
which such workers work under seasonal labour contracts or employment contracts
for performing a given job with a term of less than 12 months. Follow the
employment status of the foregoing persons within a period of 12 months if they
work under employment contracts with a term of 12 months or longer.
7. Provide labour market information
upon request of agencies, entities and individuals in accordance
with effective regulations of law.
8. Analyze and give forecast about the labour
market to serve the formulation of socio-economic development plans.
9. Within 30 days as from the date of
establishment, the employment service center must publish the following
information on the mass media: Decision on establishment of the employment
service center, its head office’s address and telephone number.
Ten days before starting operation, the employment
service center is responsible for sending a written notification of date of
starting operation to the Department of Labour, War Invalids and Social Affairs
of the province or city where its head office is located.
10. Every six months and on an annual basis, the
employment service center shall submit reports on its operation status made
under guidance by Ministry of Labour, War Invalids and Social Affairs to the
Provincial Department of Labour, War Invalids and Social Affairs.
Article 9. Responsibility of Ministry of Labour,
War Invalids and Social Affairs
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Submit the planning for
national network of employment service centers to the Prime Minister for approval. Local employment service
centers in a locality where the regional employment service center is available
shall not subject to the planning.
3. Make decision on establishment of the National
center for employment services affiliated to the Ministry of Labour, War
Invalids and Social Affairs to perform the state management task of employment
services, provide certain public services, connect and regulate the labour
market information system and give forecast about the labour market nationwide.
4. Make decisions on establishment of the regional employment service centers to
assist, instruct and fulfill regional duties of employment services, implement
unemployment insurance policies, connect and regulate the labour
market information systems and give forecast about the regional
labour market, and perform duties prescribed in Article 5
herein.
5. Instruct and inspect the establishment
and operation of employment service centers.
6. Submit consolidate reports on operation status
of employment service centers to the Government.
Article 10. Responsibility of
Ministry of Finance
Take charge of and cooperate with Ministry
of Labour, War Invalids and Social Affairs in giving guidance on
management and use of employment service charges.
Article 11. Responsibility of Ministries,
ministerial-level agencies and Government's affiliates
1. Cooperate with Ministry of Labour,
War Invalids and Social Affairs to consistently implement state
management of employment services under regulations herein.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Conduct inspection of operation of
employment service centers under their management in accordance with
effective regulations of law.
4. Monitor and submit consolidate reports to Ministry of Labour, War Invalids and Social Affairs on operation
of employment service centers under their management on a basis of every six
months and on an annual basis or upon request by the Ministry.
Article 12. Responsibility of people’s
committees of provinces or central-affiliated cities
A provincial-level people’s committee shall:
1. Implement the following regulations on planning
for network of employment service centers in this province or city:
a) Formulate the planning for network of local
employment service centers under its management with the following fundamental
contents: assessment of operating status of local employment service centers;
forecast about the labour market to determine the number and organizational
structure of local employment service centers; needs of investment in
facilities and equipment; number of working positions and operating funding;
b) Consider approval for the planning for network
of local employment service centers within a period of 06 months as from the
date of entry into force of this Decree. Duration of such planning must not be
less than 05 years and there is at least one employment service center in the
province or city affiliated to the Provincial Department of Labour, War
Invalids and Social Affairs;
c) Send one copy of the planning to Ministry of
Labour, War Invalids and Social Affairs.
2. Review and rearrange local employment service
centers in conformity with the employment service center network planning
approved by the Prime Minister.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chairperson of the Provincial-level
People’s Committee shall make decision on change of names of employment
service centers that currently implement unemployment insurance policies under
regulations herein in order to ensure the continuity of
such unemployment insurance policies.
4. Decide the number of working
positions of each employment service center and ensure
operating funding of employment service centers under its
management.
5. Instruct the inspection of
operation of local employment service centers.
6. Reward, commend and handle violations under
effective regulations of law.
7. Submit report to Ministry of Labour, War Invalids and Social Affairs on the
establishment and operation of local employment service centers
under its management on a basis of every six months and on
an annual basis or upon request by the Ministry.
Article 13. Transitional
provisions
After 06 months as from the date of entry into
force of this Decree, employment service centers that are established and
operate under regulations in the Government’s Decree No.
19/2005/ND-CP dated February 28, 2005 providing for requirements and
procedures for establishment and operations of employment service centers and
the Government’s Decree No. 71/2008/ND-CP dated June 05,
2008 on amendments to the Government’s Decree No. 19/2005/ND-CP
may maintain their operation under regulations herein if such employment
service centers satisfy all of requirements herein. An employment service
center fails to satisfy the requirements set forth herein within the prescribed
time limit must suspend its operation.
Article 14. Effect
1. This Decree comes into force as
from January 20, 2014.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 15. Implementation responsibility
Ministers, heads of ministerial-level agencies,
heads of the Government’s affiliates, heads of agencies established by the
Government or the Prime Minister, Chairpersons of people’s committees of
central-affiliated cities or provinces, and relevant agencies, entities and
individuals shall be responsible for implementing this Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung