Thông tư 16/2015/TT-BLDTBXH

Circular No. 16/2015/TT-BLDTBXH dated April 22, 2015, guidance the Decree No. 75/2014/ND-CP 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

Nội dung toàn văn Circular No. 16/2015/TT-BLDTBXH guidance the Decree No. 75/2014/ND-CP


THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness  
---------------

No. 16/2015/TT-BLĐTBXH

Hanoi, April 22, 2015

 

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 10th and December 10th, 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 06th, 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./.

 

 

PP. THE MINISTER
THE DEPUTY MINISTER




Nguyen Thanh Hoa

 


------------------------------------------------------------------------------------------------------
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

Đã xem:

Đánh giá:  
 

Thuộc tính Văn bản pháp luật 16/2015/TT-BLDTBXH

Loại văn bảnThông tư
Số hiệu16/2015/TT-BLDTBXH
Cơ quan ban hành
Người ký
Ngày ban hành22/04/2015
Ngày hiệu lực06/06/2015
Ngày công báo...
Số công báo
Lĩnh vựcLao động - Tiền lương
Tình trạng hiệu lựcCòn hiệu lực
Cập nhật7 năm trước
Yêu cầu cập nhật văn bản này

Download Văn bản pháp luật 16/2015/TT-BLDTBXH

Lược đồ Circular No. 16/2015/TT-BLDTBXH guidance the Decree No. 75/2014/ND-CP


Văn bản bị sửa đổi, bổ sung

    Văn bản sửa đổi, bổ sung

      Văn bản bị đính chính

        Văn bản đính chính

          Văn bản hiện thời

          Circular No. 16/2015/TT-BLDTBXH guidance the Decree No. 75/2014/ND-CP
          Loại văn bảnThông tư
          Số hiệu16/2015/TT-BLDTBXH
          Cơ quan ban hànhBộ Lao động - Thương binh và Xã hội
          Người kýNguyễn Thanh Hòa
          Ngày ban hành22/04/2015
          Ngày hiệu lực06/06/2015
          Ngày công báo...
          Số công báo
          Lĩnh vựcLao động - Tiền lương
          Tình trạng hiệu lựcCòn hiệu lực
          Cập nhật7 năm trước

          Văn bản thay thế

            Văn bản được dẫn chiếu

              Văn bản hướng dẫn

                Văn bản được hợp nhất

                  Văn bản hợp nhất

                    Văn bản gốc Circular No. 16/2015/TT-BLDTBXH guidance the Decree No. 75/2014/ND-CP

                    Lịch sử hiệu lực Circular No. 16/2015/TT-BLDTBXH guidance the Decree No. 75/2014/ND-CP

                    • 22/04/2015

                      Văn bản được ban hành

                      Trạng thái: Chưa có hiệu lực

                    • 06/06/2015

                      Văn bản có hiệu lực

                      Trạng thái: Có hiệu lực