Thông tư liên tịch 07/2004/TTLT-BLDTBXH-BNG

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 183/CP OF NOVEMBER 18, 1994 DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON FOREIGN-BASED REPRESENTATION OFFICES OF THE SOCIALIST REPUBLIC OF VIETNAM IN THE FIELD OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

In furtherance of Articles 134, 135, 135a and 184 of the 2002 amended and supplemented Labor Code, Articles 7, 9, 10 and 23 of the Ordinance on Representation Offices of the Socialist Republic of Vietnam and Articles 4, 5, 7, 12, 15 and 20 of the Government's Decree No. 183/CP of November 18, 1994 detailing the implementation of the above-said Ordinance, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Foreign Affairs hereby jointly guide representation offices of the Socialist Republic of Vietnam (hereinafter called the representation offices for short) and Boards for Management of Vietnamese Laborers Overseas to implement them as follows:

I. APPELLATION

The Labor Management Boards and the current sections for management of Vietnamese laborers overseas under the Representation Offices are uniformly appelled the Labor Management Section of the Embassy of the S.R. Vietnam (in areas where the embassies are unavailable, it is named after the Representation Offices; hereinafter called the Labor Management Section for short).

II. TASKS AND POWERS

1. To perform tasks assigned by the State management agencies in charge of labor export and the heads of the Representation Offices.

2. To study and inquire into the markets, labor demands, policies and modes of accepting foreign labor of the host countries in order to propose to the Overseas Labor Management Department of the

3. To guide Vietnamese enterprises to approach markets, sign contracts strictly according to the laws of and the laws of the labor-accepting countries.

4. To appraise conditions and feasibility of contracts on acceptance of Vietnamese labor; to appraise the legal person status and the foreign labor accepting permits of partners.

5. To guide and check representatives of Vietnamese enterprises overseas, to handle arising matters related to labor supply and reception and settle disputes; to take measures to protect the lawful rights and interests of laborers and enterprises; in cases they fall beyond their competence, to report them to the heads of the Representation Offices, the director of the Overseas Labor Management Department and/or the Minister of Labor, War Invalids and Social Affairs for directing opinions.

6. To study and propose measures to boost ties and deploy activities of cooperation with the host countries in the labor and social affairs domain; to regularly report on the situation, progress and results of cooperation in the labor domain with the host countries under the direction of the Overseas Labor Management Department and the Ministry of Labor, War Invalids and Social Affairs through Representation Offices.

7. To build up the relations of friendship, cooperation and mutual understanding with various sections of the Representation Offices and the concerned agencies of the host countries.

8. Based on the working characteristics of each locality and the specific guidance of the Overseas Labor Management Department, to annually estimate the operation funding for the performance of assigned tasks and reports on settlement with the Overseas Labor Management Department.

III. WORKING REGIME AND ORGANIZATIONAL APPARATUS

1. The Labor Management Sections submit to the personal and constant direction of the heads of the Representation Offices regarding external political work and internal management, and at the same time to the professional direction of the Overseas Labor Management Department, the Ministry of Labor, War Invalids and Social Affairs. The heads of the Labor Management Sections have the responsibility to notify the heads of the Representation Offices the undertakings and directives of the Ministry of Labor, War Invalids and Social Affairs, ask for their opinions on working programs, plans, undertakings and report on the implementation results, and at the same time make full use of the Representation Offices' support to fulfill their assigned tasks. In case of urgency to handle affairs belonging to the specialized management fields, if the specialized agencies at home hold opinions different from those of the heads of the Representation Offices while exchange of ideas has not yet been made and agreement has not yet been reached, the Labor Management Sections shall comply with the opinions of the heads of the Representation Offices; later the heads of the Representation Offices must immediately report thereon to the Foreign Minister and the heads of the specialized agencies at home.

2. The Labor Management Sections may consist of diplomats ranking from attaché to counselor and a number of specialists. The consideration of appointment of diplomatic titles shall be based on the working demands in the areas and the capabilities and qualities of officials.

In key areas, the appointed heads of the Labor Management Sections shall be department-level leading officials or senior specialists, considered and appointed to the rank of counselor by the Foreign Minister. The officials appointed to be heads of the Labor Management Sections must possess good political quality and morality, have university or higher degree, firmly grasp the development policies and lines of the labor, war invalids and social affairs sector, have knowledge about the host countries and firmly grasp the bilateral relationship of cooperation, have the capability to independently handle affairs, are fluent in the local languages or at least one common foreign language in the host countries, firmly grasp the regulations on diplomacy and have good communications skills.

Special cases falling outside the above criteria shall be jointly decided by the leaders of the two ministries.

3. The Labor Management Sections have their own seals and accounts under the current regulations of the State. The Labor Management Section heads shall have to manage their respective personnel, material foundations, finance and documental dossiers strictly according to the current regulations of the State.

4. The Labor Management Sections shall use their own operation fundings according to the Government's regulations.

IV. THE APPOINTMENT AND MOBILIZATION OF OFFICIALS TO WORK IN LABOR MANAGEMENT SECTIONS

1. The Ministry of Labor, War Invalids and Social Affairs shall base itself on the payroll norms approved by the Prime Minister and the criteria prescribed in Article 5 of the Government's Decree No. 183/CP of November 18, 1994 to consider, select and decide on specific personnel for recommendation to the Ministry of Foreign Affairs.

After receiving the lists of recommended persons, the Ministry of Foreign Affairs shall have to organize tests as required by the current standards, decide on the appointment to diplomatic ranks of officials sent to work in the Labor Management Sections of the Representation Offices.

The diplomatic ranks conferred on officials sent to work in Labor Management Sections shall be decided by the Foreign Minister on the basis of the proposal of the Minister of Labor, War Invalids and Social Affairs, the working demands and the officials' capability and quality, compatible with the Ordinance on the Socialist Republic of Vietnam's Diplomatic Missions overseas.

2. The term of office of the Labor Management Section officials is 3 years.

In special cases, prompted by working demands and based on the opinion of the Minister of Labor, War Invalids and Social Affairs, the Foreign Minister shall decide to extend the term of office of officials of Labor Management Sections after consulting with the heads of the Representation Offices. The extension duration shall not exceed 18 months. The persons eligible for office term extension are entitled to enjoy the cost-of-living allowances, apparel allowances and other regimes prescribed by the State in compatibility with the extended duration.

V. ORGANIZATION OF IMPLEMENTATION

This Circular takes effect 15 days after its publication in the Official Gazette.

If any problems arising in the course of implementation, the Representation Offices shall report them to the Ministry of Foreign Affairs and the Ministry of Labor, War Invalids and Social Affairs for coordination in the settlement thereof.