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MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS ---------- No. 16/2015/TT-BLĐTBXH |
SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness ----------------- Ha Noi, 22 April 2015 |
Pursuant to Government Decree No. 106/2012/NĐ-CP dated 20 December 2012 stipulating the functions, duties, rights and the organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
Pursuant to Government Decree No. 75/2014/NĐ-CP dated 28 July 2014 detailing the implementation of a number of articles of the Labor Code on recruiting and managing Vietnamese employees working for foreign organizations and individuals in Viet Nam (known as Government Decree No. 75/2014/NĐ-CP);
At the proposal of the Director General of the Employment Department,
The Minister of Labor, War Invalids and Social Affairs issues a circular stipulating the implementation of some articles of Government Decree No.75/2014/NĐ-CP dated July 2014 detailing the implementation of a number of articles of the Labor Code on recruiting and managing Vietnamese employees working for foreign organizations and individuals in Viet Nam
Article 1: Scope of adjustment
This circular will give guidelines in relation to assigning or giving authority, regarding the recruitment and management of Vietnamese employees to work in Viet Nam for foreign individuals and/or organizations, job applications; periodical reports of recruitment and management of Vietnamese employees to work in Viet Nam for foreign individuals and/or organizations as stated in Government Decree No. 75/2014/NĐ-CP.
Article 2: Applicable objects
Objects applicable to this circular will be the ones as stipulated in Article 2 of Government Decree No. 75/2014/NĐ-CP.
Article 3: Assign or give authority pertaining to recruitment and management of Vietnamese employees to work in Viet Nam for foreign individuals and/or organizations
1. The Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, and the People’s Committees of provinces and cities under the control of the central government, issue a decision pertaining to assigning or giving authority to competent agencies to recruit and manage Vietnamese employees to work in Viet Nam for foreign individuals and/or organizations as stipulated in Section 1 in Article 4 of Government Decree No. 75/2014/NĐ-CP (known as the competent authority to recruit and manage Vietnamese employees).
2. Within 20 days from the day when the decision mentioned in Section 1 of this Article becomes effective, the Ministry of Foreign Affairs and the People’s Committees of provinces and cities under the control of the central government will send one original copy of the decision to the Ministry of Labor, War Invalids and Social Affairs.
3. Within 30 days from the day when the decision mentioned in Section 1 of this Article becomes effective, the competent authority that is assigned to recruit and manage Vietnamese employees will have to publicize the address, its telephone numbers, the assigned or authorized functions and duties, at its office, branches, representative offices, and through the mass media.
Article 4: Employment application forms
Employment application form as stated in Section 1 in Article 5 of Government Decree No. 75/2014/NĐ-CP will follow Form No. 1 issued with this Circular.
Article 5: Periodical reports of recruitment, use and management of Vietnamese employees
1. Before 10 June and 10 December every year, the foreign organizations, individuals in Viet Nam must send the first six-month and the annual reports of the situation of recruitment and use of Vietnamese employees working for foreign organizations, individuals in Viet Nam, according to Form No. 2 issued with this Circular, as follows:
a) For foreign organizations, individuals in Viet Nam as stipulated in points a, b, c and d in Section 2 in Article 2 of Government Decree No. 75/2014/NĐ-CP, the reports must be returned to the competent authority that is assigned or authorized by the Ministry of Foreign Affairs to recruit and manage Vietnamese employees.
b) For foreign organizations, individuals in Viet Nam as stipulated in point đ in Section 2 in Article 2 of Government Decree No. 75/2014/NĐ-CP, the reports must be returned to the Employment Service Centre established based on the decision of the Minister of Labor, War Invalids and Social Affairs or the chairperson of the People’s Committee of provinces and cities under the control of the central government, and assigned to recruit and manage Vietnamese employees working for foreign organizations, individuals in Viet Nam.
2. Before 15 June and 15 December every year, the competent authority that is assigned or authorized to recruit and manage Vietnamese employees must send the first six-month and annual reports of the situation of recruitment and management of Vietnamese employees working for foreign organizations, individuals in Viet Nam, according to Form No. 3 issued with this Circular, as follows:
a) for the authority that is assigned or authorized by the Ministry of Foreign Affairs, the reports must be returned to the Ministry of Foreign Affairs;
b) for the Employment Service Centre established on the decision of the Minister of Labor, War Invalids and Social Affairs, the reports must be returned to the Ministry of Labor, War Invalids and Social Affairs and the Department of Labor, War Invalids and Social Affairs where the centre’s head office is located;
c) for the Employment Service Centre established on the decision of the chairperson of the People’s Committee of provinces and cities under the control of the central government, the reports must be returned to the Department of Labor, War Invalids and Social Affairs;
3. Before 20 June and 20 December every year, the Ministry of Foreign Affairs and People’s Committees of provinces and cities under the control of the central government have to send the first six-month and annual reports of the situation of recruitment and management of Vietnamese employees working for foreign organizations, individuals in Viet Nam under the scope of their management, according to Form No. 3 issued with this Circular.
Article 6: Implementation validity
2. Circular No 09/1999/TT-BLĐTBXH dated 15 March 1999 of the Ministry of Labor, War Invalids and Social Affairs providing guidelines for implementation of some articles in Government Degree No. 85/1998/NĐ-CP dated 20 October 1998 on recruitment, employment and management Vietnamese employees working for foreign organizations and individual in Viet Nam will expire on the day when this Circular becomes effective.
Article 7: Implementation
The competent authority assigned to recruit and manage Vietnamese employees working for foreign organizations, individuals; the Department of Labor, War Invalids and Social Affairs; foreign organizations, individuals in Viet Nam; and other relevant agencies, organizations, individuals will be responsible for implementation of this Circular.
Any problems arising during implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for a solution.
FOR THE MINISTER
DEPUTY MINISTER
NGUYEN THANH HOA
(Signed and sealed)
Download Form 1 & 2: https://drive.google.com/file/d/0BzN4DBHMrQS3cTFQRjk0cHJnNjg/view?usp=sharing
Form 3: https://drive.google.com/file/d/0BzN4DBHMrQS3ZmhIRTc2RXNwQ1E/view?usp=sharing