Thông tư 20/2003/TT-BLĐTBXH hướng dẫn thi hành Nghị định 39/2003/NĐ-CP về tuyển lao động do Bộ Lao động, Thương binh và Xã hội ban hành

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;

- Economic organizations under forces of People’s army, People’s police using laborers not being officers, non-commissioned officers, soldiers;

- 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:

- Central or local news:

- 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;

- The working conditions of laborers (the working location, the time of beginning work, duration of work, duration of taking a break, labor safety, and labor hygiene);

- 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;

- Other papers which are prescribed by the employers due to the strict nature of job.

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

Responsibility for periodical report defined in Article 10 of the Decree No. 39/2003/ND-CP is prescribed as follows:

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.

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