Thông tư 07/2015/TT-BLDTBXH

CIRCULAR

PROVIDING SPECIFIC REGULATIONS ON IMPLEMENTION OF SEVERAL ARTICLES OF THE GOVERNMENT’S DECREE NO. 196/2013/ND-CP DATED NOVEMBER 21, 2013 ON STIPULATING THE ESTABLISHMENT AND OPERATION OF EMPLOYMENT SERVICE CENTERS AND THE GOVERNMENT'S DECREE NO. 52/2014/ND-CP DATED MAY 23, 2014 ON STIPULATING REQUIREMENTS AND PROCEDURES FOR LICENSING EMPLOYMENT SERVICE OPERATIONS OF EMPLOYMENT SERVICE ENTERPRISES

Pursuant to the Government's Decree No. 106/2012/ND-CP dated December 20, 2012, 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. 196/2013/ND-CP dated November 21, 2013 on stipulating the establishment and operation of employment service centers (hereinafter referred to as the Decree No. 196/2013/ND-CP);

Pursuant to the Government’s Decree No. 52/2014/ND-CP dated May 23, 2014 on stipulating requirements and procedures for licensing employment service operations of employment service enterprises (hereinafter referred to as the Decree No. 52/2014/ND-CP);

At the request of the Director of Employment Department,

The Minister of Labor, War Invalids and Social Affairs hereby promulgates the Circular on proving specific regulations on implementation of several articles of the Government’s Decree No. 196/2013/ND-CP dated November 21, 2013 on stipulating the establishment and operation of employment service centers and the Government's Decree No. 52/2014/ND-CP dated may 23, 2014 on stipulating requirements and procedures for licensing employment service operations of employment service enterprises.

Article 1. Scope of application

This Circular shall provide guidance on the following contents:

1. Employment service contracts, management of employment service operations and periodic report on employment service operations in accordance with the Decree No. 196/2013/ND-CP and No. 52/2014/ND-CP.

2. Regulations on operation of employment service centers in accordance with regulations laid down in the Decree No. 196/2013/ND-CP.

Article 2. Applicable entities

1. Employment service centers in accordance with regulations laid down in Article 2 of the Decree No. 196/2013/ND-CP.

2. Employment service enterprises in accordance with regulations laid down in Article 2 of the Decree No. 52/2014/ND-CP.

3. Agencies, organizations or individuals involved in stipulating detailed implementation of several articles of the Decree No. 196/2013/ND-CP and 52/2014/ND-CP.

Article 3. Employment service contract

1. Employment service centers shall sign employment service contracts in accordance with regulations laid down in Clause 1 Article 7 of the Decree No. 196/2013/ND-CP while employment service enterprises shall sign employment service contracts in accordance with regulations laid down in Clause 1 Article 4 of the Decree No. 52/2014/ND-CP An employment service contract is required to consist of the following information: Contact name and address of contracting parties; contract value, payment mode; specific scope of employment services to be rendered (quantity, quality, etc.); contract execution method; rights and obligations of contracting parties as to the rendering of employment services; responsibilities to be assumed due to contract violation; dispute settlement, and other contents (when applicable).

2. With regard to employment service contract under which employee recommendation or job supply services are provided, in addition to regulations laid down in Clause 1 of this Article, it is essential to lay down further regulations on responsibility for monitoring the employment status of contracting employees when such employees are executing seasonal employment contracts or piece-work contracts with valid term of less than 12 months. With regard to employment contracts with valid term of 12 months or more, the employment status of contracting employees must be monitored within a period of 12 months.

Article 4. Regulations on operation of employment service centers

Regulations on operation of employment service centers must conform to regulations enshrined in Clause 2 Article 8 of the Decree No. 196/2013/ND-CP under the following guidelines:

1. Regulations on operation of employment service centers shall consist of the following contents: Roles, functions and duties of this center; organization structure; duties and responsibilities of divisions or departments; operational principles of employment services; working hours; process of employment service rendering; responsibilities for establishment and management of employment market database; rules of work-related collaboration; contact information, design of tables used for monitoring employment service monitoring at the Center.

2. The Head of the relevant agency directly supervising the employment service center shall approve the promulgation of regulations on operation of that employment service center.

3. Regulations on operation of the employment service center shall be on a public notice at the employment service center.

4. The Director of the employment service center shall be responsible for implementing the regulations on operation of the employment service center.

Article 5. Management of employment service operations

1. The employment service center shall receive employment consultancy registration, employment search registration and registration of employee recommendation and job supply services in accordance with regulations laid down in Clause 1, 2, 4 and 5 of the Decree No. 196/2013/ND-CP by completing the form No. 01, 01a, 01b, 01c and 01d enclosed herewith.

2. The employment service center or enterprise shall keep track of the employment status of the contracting employees who are offered jobs with the services of employee recommendation and job supply provided by this center or enterprise as stipulated in Clause 6 Article 8 of the Decree No. 196/2013/ND-CP and Clause 3 Article 5 of the Decree No. 52/2014/ND-CP by completing the form No. 02 enclosed herewith.

Article 6. Periodic reporting of employment service operations

1. Before June 15 and December 15 every year, the employment service center shall send a(n) bi-annual and annual report on employment service operations by completing the form No. 03 enclosed herewith to the Department of Labor, War Invalids and Social Affairs of centrally-affiliated cities and provinces (hereinafter referred to as the Department of Labor, War Invalids and Social Affairs), agencies or organizations directly supervising this employment service center.

2. Before June 15 and December 15 every year, the employment service enterprise shall send a(n) bi-annual and annual report on employment service operations which must clearly state the details of employment service operations carried out by specific branches (when applicable) by completing the form No. 04 enclosed herewith to the Department of Labor, War Invalids and Social Affairs.

These branches shall then send a report on their employment service operations to the Department of Labor, War Invalids and Social Affairs where they run their services by completing the form No. 04 enclosed herewith.

3. Before June 20 and December 20 every year, the Department of Labor, War Invalids and Social Affairs shall send a(n) bi-annual or annual report on employment service operations that take place within their delegated authority by completing the form No. 05 enclosed herewith to the People’s Committee of centrally-affiliated cities and provinces for the purpose of reporting the Ministry of Labor, War Invalids and Social Affairs.

Article 7. Effect

1. This Circular shall come into force from April 10, 2015.

2. The Circular No. 20/2005/TT-LDTBXH of the Ministry of Labor, War Invalids and Social Affairs dated June 22, 2005 on providing guidance on implementation of several articles of the Government's Decree No. 19/2005/ND-CP dated February 28, 2005 on stipulating requirements and procedures for establishment and operation of employment recommendation service organizations and the Circular No. 27/2008/TT-LDTBXH of the Ministry of Labor, War Invalids and Social Affairs dated November 20, 2008 on amending and supplementing the Government’s Circular No. 20/2005/LDTBXH-TT dated June 22, 2005 on stipulating requirements and procedures for establishment and operation of employment recommendation service organizations and the Government’s Decree No. 71/2008/ND-CP dated June 5, 2008 on amending and supplementing the Decree No. 19/2005/ND-CP shall become invalid from the effective date of this Circular.

Article 8. Implementation responsibility

The Department of Labor, War Invalids and Social Affairs in collaboration with relevant agencies, organizations or individuals concerned shall be responsible for implementing this Circular.

In the course of implementation, any difficulty that may arise should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs to find possible solutions.