Thông tư 27/2015/TT-BLDTBXH

CIRCULAR

ON GUIDELINES FOR COLLECTING, ARCHIVING AND SYNTHESIZING LABOR MARKET INFORMATION

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

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

At the request of Director of Depart of employment;

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for collecting, archiving and synthesizing labor market information under management of the Ministry of Labor, War Invalids and Social Affairs as prescribed in Clause 2 Article 24 of the Law on employment.

Article 2. Regulated entities

1. Employees prescribed in Clause 1 Article 3 of the Law on employment.

2. Employers prescribed in Clause 2 Article 3 of the Labor Code.

3. Employees being foreign workers in Vietnam as prescribed in the Labor Code and guiding documents.

4. People’s Committees of communes, wards or commune-level towns (hereinafter referred to as People’s Committees of communes).

5. People’s Committees of districts, district-level towns, province-affiliated cities (hereinafter referred to as People’s Committees of districts).

6. People’s Committees of provinces or central-affiliated cities (hereinafter referred to as People’s Committees of provinces).

7. Any agency, enterprise, organization, other individual relating to this Circular.

Article 3. Interpretation of terms

Labor market database includes two parts, including Labor supply database and Labor demand database:

1. The Labor supply database includes basic information of employees about their demography, education, qualifications, fields of study, and business activities.

2. The Labor demand database includes basic information of employers about their types of business, business lines, employment and demand for employment.

Chapter II

COLLECTING LABOR MARKET INFORMATION

Section 1: COLLECTING LABOR SUPPLY INFORMATION

Article 4. Collected entities

Collected entities of the Labor supply information are employees.

Article 5. Collecting contents

1. Demography includes information about full names, genders, date of births, races.

2. Education levels.

3. Qualifications and fields of study.

4. Business activities:

a) With regard to the employed, information about their positions, jobs, workplace, types of business entities is collected;

b) With regard to the unemployed, information about worked or never worked, duration of unemployment is collected.

5. Collected entities not engaged in business activities according to reasons.

Article 6. Date and period of time for collecting information

1. The date for collecting information is July 1 of the same year.

2. The period of time for collecting information is within 30 days from the date on which the information is collected as prescribed in Clause 1 of this Article.

Article 7. Methods

1. Each People’s Committee of commune shall:

a) Collect initial information, update changed information of the employees named in the household registration books or temporary registration books under management by villages, hamlets or neighborhoods (hereinafter referred to as villages) as prescribed in Article 4, 5 and 6 to the register of labor market information – Labor supply part (hereinafter referred to as Labor supply register) issued herewith from July 1 to July 30 of the same year;

b) Receive and transfer the Labor supply register according to the plan of Services of Labor, War Invalids and Social Affairs as prescribed in Point a Article 3 of this Article.

2. The People’s Committees of districts shall provide the People’s Committees of the communes with instructions in collecting initial information and updating changed information about the employees.

3. Each Service of Labor, War Invalids and Social Affairs shall assist the People’s Committee of province at the same administrative level to:

a) Formulate plans for collecting, archiving and synthesizing the Labor supply information of the province;

b) Instruct the People’s Committees of districts to direct the People’s Committees of communes to collect the employees’ information;

c) Update and manage initial and changed employees’ information to the labor market database system of the province;

d) Transfer the Labor supply information of the province to the National labor market database system according to the guidance of the Ministry of Labor, War Invalids and Social Affairs from September 1 to September 30 of the same year.

Section 2: COLLECTING LABOR DEMAND INFORMATION

Article 8. Collected entities

Collected entities of the Labor demand information are employers.

Article 9. Collecting contents

1. Identification, including names, addresses, types and codes of the employers.

2. Main business lines.

3. Salaries.

4. Number of employees classified by genders, types, labor contracts, positions, education levels, and professional levels.

5. Number of employees recruited according to their professional competence.

Article 10. Date and period of time for collecting

1. The date for collecting information is July 1 of the same year.

2. The period of time for collecting information is within 30 days from the date on which the information is collected as prescribed in Clause 1 of this Article.

Article 11. Method

1. Each People’s Committee of district shall:

a) Record initial and changed information about the employers having headquarters, branches, representative offices in the administrative divisions prescribed in Articles 8, 9 and 10 to the Register of labor market information – the Labor demand part (hereinafter referred to as Labor demand register) issued herewith from July 1 to July 30 of the same year;

b) Receive and transfer the Labor demand register according to the plan of Services of Labor, War Invalids and Social Affairs as prescribed in Point a Article 2 of this Article.

2. Each Service of Labor, War Invalids and Social Affairs shall assist the People’s Committee of province to:

a) Formulate plans for collecting, archiving and synthesizing the Labor demand information of the province;

b) Instruct the People’s Committees of districts collect the employers’ information;

c) Update and manage initial and changed employers’ information to the labor market database system of the province;

d) Transfer the Labor demand information of the province to the National labor market database system according to the guidance of the Ministry of Labor, War Invalids and Social Affairs from September 1 to September 30 of the same year.

Section 3: COLLECTING INFORMATION ABOUT FOREIGN WORKERS IN VIETNAM

Article 12. Collected entities

Collected entities are employees being foreign workers in Vietnam as prescribed in Clause 3 Article 2 of this Circular.

Article 13. Collecting contents

1. Personal information, including full names, nationalities, dates of birth, genders, and passports.

2. Work permits.

3. Jobs, including positions and medium salaries.

Article 14. Collecting time and methods

Collecting time, methods and forms shall comply with law on management of foreign workers in Vietnam.

Section 4: COLLECTING INFORMATION ABOUT CONTRACTED VIETNAMESE GUEST WORKERS

Article 15. Collected entities

Collected entities are employees, prescribed in Clause 1 Article 2 of this Circular, who are contracted to work abroad as mentioned in the Law on contracted Vietnamese guest workers.

Article 16. Collecting contents

1. Demography, including full names, genders, dates of birth, native places, and passports.

2. Overseas jobs, including information about terms of contracts, time for exit the country, industries, and workplace.

3. Time for repatriation, reasons.

Article 17. Collecting time and methods

Collecting time, methods and forms shall comply with the Law on contracted Vietnamese guest workers and guiding documents.

Chapter III

ARCHIVING AND MANAGING LABOR MARKET INFORMATION

Article 18. Archiving labor market information

1. People’s Committees of communes shall archive Labor supply registers.

2. Each Committee division of Labor, War Invalids and Social Affairs of district shall assist the People’s Committee of district at the same administrative level to archive Labor demand registers and reports on labor market information.

3. Each Service of Labor, War Invalids and Social Affairs shall assist the People’s Committee of the province at the same administrative level to synthesize and manage the labor market information of the province and transfer database to the National labor market database which is situated in the Ministry of Labor, War Invalids and Social Affairs.

Article 19. Managing Labor market database

1. People’s Committee of communes, People’s Committee of districts shall manage and ensure confidentiality of information about employees and employers specified in the Labor supply registers and the Labor demand registers.

2. Each Service of Labor, War Invalids and Social Affairs shall assist the People’s Committee of the province at the same administrative level to manage the Local labor market database; manage and administer the operation of the Local labor market database.

Services of Labor, War Invalids and Social Affairs shall be granted accounts to employ the Labor market database and held accountable for using those accounts.

3. The Ministry of Labor, War Invalids and Social Affairs shall assign Department of employment to take charge and cooperate with relevant agencies in creating, managing and administering the operation of the National labor market database; assist relevant agencies and organizations to employ the labor market database.

Chapter IV

SYNTHESIZING AND ANNOUNCING LABOR MARKET INFORMATION

Article 20. Synthesizing and reporting labor market information

1. Each People’s Committee of commune shall synthesize and send report on labor market information of the commune using the Form No. 01 issued herewith and send it to the People’s Committee of the district through the Committee division of Labor, War Invalids and Social Affairs before August 10 of the same year.

2. Each Committee division of Labor, War Invalids and Social Affairs shall assist the People’s Committee of district to synthesize and send report on labor market information of the district using the Form No. 02 issued herewith and send it to the People’s Committee of the province through the Service of Labor, War Invalids and Social Affairs before August 30 of the same year.

3. Each Service of Labor, War Invalids and Social Affairs shall synthesize and send report on labor market information of the province using the Form No. 03 issued herewith and send it to the People’s Committee of the province and the Ministry of Labor, War Invalids and Social Affairs through the Department of employment before September 30 of the same year.

4. The reports on contracted Vietnamese guest workers and foreign workers in Vietnam shall comply with regulations of law.

5. The reports prescribed in Clauses 1, 2, 3 and 4 of this Article shall be sent by post or via Internet as prescribed.

Article 21. Announcing labor market information

1. The labor market information shall be announced publicly, on schedule in terms of each type of information and entity, excluding information that need confidential prescribed in Clause 2 Article 28 of the Law on employment.

2. Means and methods for announcing labor market information include annual reports, websites and other publications.

3. The competent persons in charge of announcement of labor market prescribed in Article 24 of the Law on employment shall take responsibility for the reliability of the announcing information.

4. The labor market information announced by the competent persons as prescribed in Clause 3 of this Article is legal information.

5. Information announcement period: every year.

Article 22. Using labor market information

1. The labor market information announced as prescribed in Article 21 of this Circular is public property. Every organization or individual is equal to access to the announced labor market information.

2. The announced labor market information shall be used honestly and stated origin of the information.

3. The labor market information is banned from using the labor market information to harm National benefits, lawful rights and interests of organizations or individuals.

Chapter V

IMPLEMENTATION

Article 23. Responsibilities of entities providing labor market information

Employees and employers must honestly and sufficiently provide the information prescribed in Article 5 and Article 9 of this Circular.

Article 24. Responsibilities of entities in charge of collecting labor market information

1. Checking information about employees, keep record, input data and return documents to the transferring agencies/authorities.

2. Protect confidentiality of relevant information and materials; do not correct, remove or damage the information and materials and take responsibility for the accuracy and sufficiency of database inserted or reported as prescribed.

Article 25. Responsibilities of People’s Committees of communes

1. Manage the Labor supply registers and collect initial information and update changed information about the employees in the communes.

2. Inspect and observe the collecting of information about the labor supply; synthesize and report labor market information as prescribed in Clause 1 Article 20 of this Circular and send regular reports at the request of the competent agency.

Article 26. Responsibilities of People’s Committees of districts

1. Instruct People’s Committee of communes to perform tasks as prescribed in Article 25 of this Circular.

2. Manage the Labor demand registers and collect initial information and update changed information about the employees in the districts.

3. Inspect and observe the collecting of labor market information; synthesize and report labor market information as prescribed in Clause 2 Article 20 of this Circular and send regular reports at the request of the competent agency.

Article 27. Responsibilities of Services of Labor, War Invalids and Social Affairs

1. Take charge and cooperate with relevant agencies in requesting the People’s Committees of the provinces to approve plans and funding for collecting and synthesizing the labor market information.

2. Instruct People’s Committee of districts to perform tasks as prescribed in Article 26 of this Circular.

3. Inspect and observe the collecting of labor market information; synthesize and report labor market information as prescribed in Clause 3 Article 20 of this Circular and send regular reports at the request of the competent agency.

Article 28. Responsibilities of People’s Committees of provinces

1. Request People’s Councils of provinces to allocate budget for collecting, archiving, and synthesizing labor market information.

2. Direct relevant agencies to collect labor market information in the provinces.

Article 29. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. Assign Department of employment to cooperate with relevant agencies and units in following tasks:

a) Annually formulate plans and estimates for printing Labor supply registers, Labor supply registers, instruct and assist local governments to collect, store and synthesize labor market information; manage the archived and collective system of National labor market database;

b) Inspect, observe the collecting, archiving, and synthesizing of labor market information of the local governments;

c) Synthesize and send regular reports on labor market information and send irregular reports at the requests.

2. Assign Department of Overseas Labor Management to perform the following tasks:

a) Annually formulate plans and estimates to instruct and assist local governments to collect, store and synthesize information about contracted Vietnamese guest workers;

b) Inspect and observe the collecting, archiving and synthesizing of information about contracted Vietnamese guest workers;

c) Synthesize and report information about contracted Vietnamese guest workers and send irregular reports at the requests.

3. Assign the Information Center to provide instructions and ensure the security and safety of the National labor market database.

Article 30. Effect

1. This Circular comes into force from September 10, 2015.

2. Circular No. 25/2009/TT-BLDTBXH dated July 14, 2009 of the Ministry of Labor, War Invalids and Social Affairs on guidelines for collecting and processing information about labor supply and demand shall be annulled from the effective date of this Circular.

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