Thông tư 01/2022/TT-BLDTBXH

CIRCULAR

GUIDELINES FOR COLLECTING, STORING AND CONSOLIDATING LABOR MARKET INFORMATION

Pursuant to the Law on Employment dated November 16, 2013;

Pursuant to the Government’s Decree No. 14/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 47/2020/ND-CP dated April 09, 2020 on management, connection and sharing of digital data of regulatory agencies;

Pursuant to the Government’s Decree No. 23/2021/ND-CP dated March 19, 2021 on elaboration of clause 3 of Article 37 and Article 39 in the Employment Law on employment service centers and businesses;

At the request of the Director General of the Department of Employment;

The Minister of Labor, War Invalids and Social Affairs hereby promulgates a Circular on guidelines for collecting, storing and consolidating labor market information.

Chapter I

GENERAL

Article 1. Scope

This Circular provides guidelines for collecting, storing and consolidating labor market information (hereinafter referred to as “LMI”) within the power of the Ministry of Labor, War Invalids and Social Affairs in addition to the LMI within the national statistical indicator system.

Article 2. Regulated entities

This Circular applies to organizations and individuals involved in collection, storage and consolidation of LMI within the power of the Ministry of Labor, War Invalids and Social Affairs in addition to the LMI within the national statistical indicator system.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “labor supply information and data” include basic information of employees about their demography, general education, qualifications, education and training and employment.

2. “labor demand information and data” includes basic information of employers about their types of business, economic sectors, employment and demand for employment.

3. “digital data” means data in the form of symbols, letters, numbers, images, sound or the like represented by digital signals. Digital data contains digital information and is shared through data messages.

Article 4. Principles of LMI collection, storage and consolidation

1. LMI is collected in a timely, accurate, truthful, scientifically sound and inheritable manner.

2. Labor market information and data are managed, stored and kept confidential according to regulations of law on storage and protection of state secrets.

Article 5. Formulation of LMI collection, storage and consolidation plan

1. Principles of formulation of a plan

a) Promptly serve the state management of labor, employment and meet the requirements for socio - economic development and national defense and security assurance.

b) Ensure data is collected in an accurate, sufficient and systematic manner; satisfy the requirements of the National Digital Transformation Program.

c) Facilitate integration with activities by functions and tasks and ensure that tasks do not overlap with each other.

d) Ensure that the plan is implemented in an effective, feasible, cost- and resource-saving manner.

dd) Ensure that the time limit for formulation and approval of the plan includes the period of time over which funding is provided and the plan is implemented as prescribed.

2. Bases for formulating a plan

a) Requirements for state management of labor and employment, and requirements for socio - economic development and national defense and security assurance.

b) Regulations of legislative documents.

c) Assigned functions, tasks and powers.

d) Programs, schemes, projects and tasks approved by the competent authority.

dd) LMI specified in clause 1 Article 7 and clause 1 Article 10 of this Circular, which serves as the basis for collection, management, disclosure, provision and use of LMI.

3. An LMI collection, storage and consolidation plan contains the following basic information:

a) Purposes and requirements for LMI collection, storage and consolidation.

b) Amount of LMI to be collected.

c) Tasks in relation to LMI collection, storage and consolidation.

d) Products obtained from LMI collection, storage and consolidation.

dd) Plan and personnel for implementation.

e) Implementary organization.

g) Cost estimate.

Chapter II

LMI COLLECTION

Section 1. LABOR SUPPLY INFORMATION COLLECTION

Article 6. Persons from whom information is collected

Persons from whom information is collected are 15 or older and permanently residing in the area where the information collection takes place.

Article 7. Information to be collected

1. Information to be collected

a) Full name; date of birth; sex; ethnic group; identification number.

b) Highest general education level; qualifications and major.

c) Primary job he/she is doing (name of the job; position; workplace (name, type of business, economic sector, address)).

d) Unemployment status (primary job before unemployment, unemployment period).

dd) Reason for failure to engage in economic activities.

e) Training and employment demands.

2. When there any change or error in the information specified in clause 1 of this Article, the organization or individual responsible for information collection shall update and adjust it.

Article 8. Collection procedures

1. Prepare for collection

a) Survey current information and data on labor supply.

b) Determine the plan, time and place for the collection.

c) Provide equipment and vehicle for the collection.

d) Determine the collection costs.

dd) Notify units and individuals concerned for the collection.

2. Collect information

a) Formulate a form for collection of labor supply information on local demands, which shall contain at least the information specified in the Form No. 01 enclosed herewith.

b) Collect information using the form formulated; address the issues that arise or make adjustments to the form (if necessary).

c) Examine and confirm information.

d) Digitally enter and review the collected information.

3. Transfer and use information and data

a) Transfer information and data (in digital or physical form).

b) Update information and data to the LMI storage and consolidation system.

c) Prepare a report and carry out consolidation as prescribed.

4. The Department of Labor, War Invalids and Social Affairs of the province or central-affiliated city (hereinafter referred to as “the Department of Labor, War Invalids and Social Affairs”) shall rely on the status and demand for information and data on local labor supply and demand therefor to formulate a collection plan and update and collect labor supply information.

Section 2. LABOR DEMAND INFORMATION COLLECTION

Article 9. Persons from whom information is collected

Persons from whom information is collected are employers specified in clause 2 Article 3 of the Labor Code.

Article 10. Information to be collected

1. Information to be collected

a) The employment status specified in clause 2 Article 12 of the Labor Code.

b) Employers’ recruitment demands.

2. When there any change or error during the collection of the information specified in clause 1 of this Article, the organization or individual responsible for information collection shall update and adjust it.

Article 11. Collection procedures

1. Procedures for collection of information about the employment status specified in point a clause 1 Article 10 of this Circular shall comply with the regulations set out in Article 4 of the Government’s Decree No. 145/2020/ND-CP dated December 14, 2020.

2. Procedures for collecting and updating the information about employers’ recruitment demands specified in point b clause 1 Article 10 of this Circular are as follows:

a) Prepare for collection

- Survey current information and data on labor demand.

- Determine the plan, time and place for the collection.

- Equipment and vehicle for the collection.

- Determine the collection costs.

- Notify organizations and individuals concerned for the collection.

b) Collect information

- Formulate a form for collection of information about employers’ recruitment demand on local demands, which shall contain at least the information specified in the Form No. 02 enclosed herewith; address the issues that and make adjustments to the form (if necessary).

- The employment service center shall regularly collect and update employers’ recruitment information according to the Form No. 03a/PL01 enclosed with to the Government’s Decree No. 23/2021/ND-CP dated March 19, 2021.

- Examine and confirm information.

- Digitally enter and review the collected information.

c) Transfer and use employers’ information and data.

- Transfer information and data (in digital or physical form).

- Update information and data to the system for storage and consolidation of information about employers’ recruitment demand.

- Prepare a report and carry out consolidation as prescribed.

3. The Department of Labor, War Invalids and Social Affairs shall rely on the status and demand for information about status and local demand for employment of employees so as to formulate a collection plan and update and collect labor demand information.

Section 3. COLLECTION OF INFORMATION ABOUT FOREIGN WORKERS WORKING IN VIETNAM

Article 12. Persons from whom information is collected

Persons from whom information is collected are foreign workers working in Vietnam under the Labor Code.

Article 13. Information to be collected

1. Information to be collected

a) Full name; date of birth; sex; nationality; passport number; work permit.

b) Qualifications and major.

c) Job position; job title; work method; type of business; work experience; practicing certificate (if any).

d) Working place and time.

2. When there any change or error during the collection of the information about foreign workers working in Vietnam specified in clause 1 of this Article, the organization or individual responsible for information collection shall update and adjust it.

Article 14. Collection procedures

By relying on the system of information and data on approval for demand for employment of foreign workers; foreign workers not required to obtain the work permit; issuance, re-issuance, extension and revocation of work permits as prescribed by law on foreign workers working in Vietnam, the Department of Labor, War Invalids and Social Affairs shall collect and update information and data to the system for storage and consolidation of foreign workers working in Vietnam according to the Form No. 03 enclosed herewith.

Where foreign workers comply with the regulations set out in point a clause 1 Article 30 of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 and, collect information using the Form No. 03 enclosed herewith.

Chapter III

LMI STORAGE AND CONSOLIDATION

Article 15. LMI storage

1. Organizations and individuals assigned to collect LMI shall store information and data in accordance with regulations of law on archiving and preservation of documents by organizations.

2. Authorities assigned to manage LMI information and data shall take measures to ensure safe storage of information and data, and carry out periodic checks and ensure electronic information security.

Article 16. LMI storage and consolidation system

1. Units managing labor market information and data shall build and operate an information system, digitalize and build a database to serve their operations, storage, retrieval, provision and regular updating of LMI.

2. Basic requirements and functions of the system include:

a) Information updating.

b) Storage management.

c) Management, preservation, provision and use.

d) Announcement, retrieval and search.

dd) Consolidation, reporting.

e) Connection and integration with relevant information systems.

g) Assurance of performance, information safety and security of the system.

3. Before December 15, every Department of Labor, War Invalids and Social Affairs shall transmit its labor supply data to the Ministry of Labor, War Invalids and Social Affairs for consolidation; regularly update data on employers’ recruitment demands and data on foreign workers working in Vietnam to the LMI storage and consolidation system.

Article 17. Connecting and sharing LMI

1. Information updated to and shared through the web portal of the Department of Employment consists of:

a) Information and data on labor supply and demand, changes in labor supply and demand on the labor market, employment status and trends.

b) Information and data on job positions which employers are offering.

2. LMI system shall be connected and shared with the online public service portal of the Ministry of Labor, War Invalids and Social Affairs, National Public Service Portal and other information and database systems as prescribed by law.

Article 18. LMI reporting

Every Department of Labor, War Invalids and Social Affairs shall submit a consolidated report on its LMI using the Form No. 04 enclosed herewith to the provincial People’s Committee and the Ministry of Labor, War Invalids and Social Affairs.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 19. Responsibilities of information providers

1. Employees shall provide timely and sufficient information about their employment status to the persons directly collecting LMI or provide and update information to the form system (in digital or physical form).

2. Employers shall provide and update information about their employment and recruitment demands to competent authorities or provide and update information to the form system (in digital or physical form).

Article 20. Responsibilities of persons collecting LMI

Every person collecting LMI shall:

1. Correctly and sufficiently comply with the collection procedures.

2. Keep confidentiality of relevant information and data and take responsibility for the accuracy and adequacy of the collected, updated and reported data as prescribed.

Article 21. Responsibilities of employment service centers

Every employment service center shall:

1. Formulate an LMI collection plan and organize LMI collection within its jurisdiction.

2. Organize collection, updating, storage and consolidation of information about employers’ recruitment demands to the empty employment database system for the connection between labor supply and demand.

3. Submit a report on collection, storage and consolidation of LMI under its management to the Department of Labor, War Invalids and Social Affairs as prescribed in Article 18 hereof.

4. Formulate plans, organize the collection, and provide other LMI under the guidance of competent authorities.

Article 22. Responsibilities of provincial People’s Committees

Every provincial People’s Committee shall:

1. Comply with the regulations set out in clause 2 Article 25 of the Law on Employment and direct the Department of Labor, War Invalids and Social Affairs to:

a) Annually formulate a plan, scheme and procedure for collecting, storing and consolidating LMI within its province so as to meet the requirements of the National Digital Transformation Program and submit them to the provincial People’s Committee for approval and implementary organization.

b) Instruct units to collect and update LMI as prescribed in Chapter II of this Circular.

c) Build an LMI system and consolidate LMI and publish it on the website/web portal of the provincial People’s Committee and the Department of Labor, War Invalids and Social Affairs.

d) Transmit its LMI as prescribed in clause 3 Article 16 hereof.

dd) Apply information technology to LMI collection, storage and consolidation.

e) Report the LMI collection, storage and consolidation as prescribed in Article 18 hereof.

g) Inspect and supervise LMI collection, storage and consolidation within its province.

2. Direct departments, branches and People’s Committees at all levels to:

a) Cooperate with the Department of Labor, War Invalids and Social in formulating a plan for and organize the collection, storage and consolidation of LMI under its management.

b) Submit a report on LMI collection, storage and consolidation of LMI to the Department of Labor, War Invalids and Social as prescribed in Article 18 hereof.

Article 23. Responsibilities of units affiliated to the Ministry of Labor, War Invalids and Social Affairs

1. The Department of Employment shall:

a) Instruct and assist local authorities to collect, store and consolidate LMI.

b) Build and manage a nationwide LMI storage and consolidation system; maintain internet connection, store data on the server, ensure safety and security, stable operation of the LMI storage and consolidation system.

c) Inspect and supervise LMI collection, storage and consolidation by local authorities.

d) Prepare a consolidated report on LMI collection, storage and consolidation.

2. The Information Center shall:

a) Preside over applying information technology to data integration, analysis, consolidation and publishing of LMI on the web portal of the Ministry of Labor, War Invalids and Social Affairs.

b) Cooperate with the Department of Employment and unis concerned in LMI collection, storage and consolidation.

c) Provide guidance on building and ensuring information safety and security of the nationwide LMI storage and consolidation system.

d) Establish a standard for connection of data of the Labor, War Invalids and Social Affairs sector to form a basis for connection and integration of market labor data with other relevant information systems.

Article 24. Effect

1. This Circular comes into force from March 10, 2022.

2. The Circular No. 27/2015/TT-BLDTBXH dated July 14, 2015 of the Minister of Labor, War Invalids and Social Affairs shall cease to have effect from the effective date of this Circular.

3. Where any of the legislative documents referred to in this Circular is amended or replaced, the newest one shall apply.

4. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and appropriate amendments./.