Thông tư 16/2015/TT-BLDTBXH

CIRCULAR

PROVIDING GUIDANCE ON A NUMBER OF ARTICLES OF THE DECREE No. 75/2014/NĐ-CP DATED JULY 28, 2014 BY THE GOVERNMENT DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR CODE ON RECRUITMENT AND MANAGEMENT OF VIETNAMESE EMPLOYEES WORKING FOR FOREIGN ORGANIZATIONS & INDIVIDUALS IN VIETNAM

Pursuant to the Decree No. 106/2012/NĐ-CP dated December 20, 2012 by the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Decree No. 75/2014/NĐ-CP dated July 28, 2014 by the Government detailing the implementation of a number of articles of the Labor Code on recruitment and management of Vietnamese employees working for foreign organizations & individuals in Vietnam (hereinafter referred to as the Decree No. 75/2014/NĐ-CP);

At the request of the Director of the Department of Labor and Employment,

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular providing guidance on a number of articles of the Decree No. 75/2014/NĐ-CP dated July 28, 2014 by the Government.

Article 1. Scope of regulation

This Circular provides for the assignment or authorization of the recruitment and management of Vietnamese employees working for foreign employers (hereinafter referred to as foreign employers); application form; periodic reports on the recruitment, assignment and management of Vietnamese employees working for foreign employers prescribed in the Decree No. 75/2014/NĐ-CP.

Article 2. Regulated entities

This Circular applies to the regulated entities specified in Article 2 of the Decree No. 75/2014/NĐ-CP.

Article 3. The assignment or authorization of the recruitment and management of Vietnamese employees working for foreign employers

1. The Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, People’s Committees of provinces are in charge of providing Decisions on assignment or authorization of the recruitment and management of Vietnamese employees working for foreign employers for the organization entitled to recruit and manage Vietnamese employees working for foreign organizations and individuals according to the provisions of Clause 1 Article 4 of the Decree No. 75/2014/NĐ-CP (hereinafter referred to as the organization competent to recruit and manage Vietnamese employees)

2. Within 20 days from the day on which the Decision prescribed in Clause 1 of this Article comes into effect, the Ministry of Foreign Affairs and People’s Committee of provinces shall submit the original of the Decision to the Ministry of Labor, War Invalids and Social Affairs.

3. Within 30 days from the day on which the Decision prescribed in Clause 1 of this Article comes into effect, the organization competent to recruit and manage Vietnamese employees shall post at the head office, branch offices or representative offices and on means of mass media the address, phone number, functions and assigned or authorized tasks.

Article 4. Application form for recruitment

The application form prescribed in Clause 1 Article 5 of the Decree No. 75/2014/NĐ-CP shall be conformable to the Form No. 01 enclosed herewith.

Article 5. Periodic reports on the recruitment, assignment and management of Vietnamese employees

1. Annually before June 10^th and December 10^th, foreign employers shall make a biannual report and an annual report on the recruitment and assignment of Vietnamese employees working for foreign employers using the form No. 02 enclosed herewith as follows:

The foreign employers specified in Points a, b, c and d Clause 2 Article 2 of the Decree No. 75/2014/NĐ-CP shall submit the reports to an organization competent to recruit and manage Vietnamese employees assigned or authorized by the Ministry of Foreign Affairs;

b) The foreign employers specified in Point dd Clause 2 Article 2 of the Decree No. 75/2014/NĐ-CP shall submit the reports to the Employment center established under the decision of the Minister of Labor, War Invalids and Social Affairs or the President of the People’s Committees of provinces and are assigned to recruit and manage Vietnamese employees working for foreign employers in local area.

2. Annually before June 15th and December 15th, the organization competent to recruit and manage Vietnamese employees shall make a biannual report and a annual report on the recruitment and assignment of Vietnamese employees working for foreign employers using the form No. 03 enclosed herewith as follows:

a) The organization assigned or authorized by the Ministry of Foreign Affairs shall submit the reports to the Ministry of Foreign Affairs;

b) The Employment center established under the decision of the Minister of Labor, War Invalids and Social Affairs shall submit the reports to the Ministry of Labor, War Invalids and Social Affairs and Services of Labour, War Invalids and Social Affairs of the area where the head office of the center is located;

c) The Employment center established under the decision of the President of the People’s Committees of provinces shall submit the reports to Services of Labour, War Invalids and Social Affairs.

3. Annually before June 20th and December 20th, the Ministry of Foreign Affairs, People’s Committees of provinces shall submit to the Ministry of Labor, War Invalids and Social Affairs a biannual report and a annual report on the recruitment and assignment of Vietnamese employees working for foreign employers within the scope of management using the form No. 03 enclosed herewith.

Article 6. Effect

1. This Circular comes into effect from June 06^th, 2015.

2. The Circular No. 09/1999/TT-BLĐTBXH dated March 15, 1999 by the Ministry of Labor, War Invalids and Social Affairs is annulled by the effect of this Circular.

Article 7. Responsibilities

The organization competent to recruit and manage Vietnamese employees working for foreign organizations and individuals, Services of Labour, War Invalids and Social Affairs, foreign organizations and individuals in Vietnam and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

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