Nghị định 196/2013/ND-CP

DECREE

ESTABLISHMENT AND OPERATION OF EMPLOYMENT SERVICE CENTERS

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Labour Code dated June 18, 2012;

At the request of Minister of Labour, War Invalids and Social Affairs;

The Government promulgates this Decree to provide for the establishment and operation of employment service centers.

Article 1. Scope

This Decree deals with the establishment and operation of employment service centers.

Article 2. Regulated entities

1. Employment service centers established under decisions of regulatory authorities, consisting of:

a) Employment service centers established under decisions made by Chairpersons of People’s Committees of provinces or central-affiliated cities (hereinafter referred to as Provincial-level People’s Committees);

b) Employment service centers established under decisions made by Ministers, Heads of Ministerial-level Agencies or Heads of Agencies affiliated to the Government.

2. Employment service centers that are established by heads of central-level socio-political organizations are governed by regulations in this Decree.

3. Other entities and individuals involved in establishment and operation of employment service centers.

Article 3. Establishment requirements

An employment service center to be established must satisfy all of the following requirements:
1. Establish specific objectives, functions and duties.

2. Conform to the employment service center network planning approved by the Prime Minister.

3. Have a head office or the project for allocation of land to build the head office approved by a competent authority (if a new head office is built).

4. Have working equipment and facilities for providing employment services available under regulations herein and regulations of the law on standards and norms of working equipment and facilities applicable to agencies, officials, public employees and contractual employees.

5. Employ at least 15 officials who possess associate’s degree or higher.

6. Have operating funding provided by the competent authority that establishes such employment service center in accordance with effective regulations of law.

7. The establishment of the employment service centers prescribed in Point b Clause 1 and Clause 2 Article 2 herein requires the written approval from the Chairperson of the People’s Committee of the province where the head office of such center is located.

Article 4. Procedures and for establishment, restructuring and dissolution

Procedures for establishment, restructuring and dissolution of employment service centers are carried out in accordance with regulations in the Government's Decree No. 55/2012/ND-CP dated June 28, 2012 providing for the establishment, restructuring and dissolution of public service providers and regulations in Article 3 herein.

Article 5. Duties of an employment service center

1. Provide consulting services. To be specific:

a) Provide vocational training advice to workers about the selection of training vocation, training level and training institution according to their capacity and expectation;

b) Offer employment advice to workers about selecting jobs appropriate to their capacity and expectation, skills in application for job, self-employment and finding jobs domestically and abroad;

c) Offer advice to employers about recruitment, human resource management and development, using workers and career development;

d) Provide advice about labour law and policies to both workers and employers.

2. Provide jobs to workers, supply and recruit workers upon request of employers. To be specific:

a) Introduce workers to employers;

b) Supply workers upon request of employers;

c) Organize recruitment examinations to recruit qualified workers who can meet requirements of the employers;

d) Introduce and supply workers to units or enterprises licensed to develop guest worker programs.

3. Collect, analyze, forecast and provide information about labour market.

4. Provide training courses to improve workers' capacity for finding jobs and training courses in other skills and vocations in accordance with effective regulations of law.

5. Give assistance to workers in cases where they change jobs, move to another working place or move abroad for working and other supports as regulated by law.

6. Propagate and disseminate policies and laws on labour and employment.

7. Implement employment programs and projects.

8. Implement unemployment insurance policies as prescribed by law.

9. Provide other services as regulated by law.

Article 6. Name and organizational structure of an employment service center

1. The name of an employment service center is comprised of the phrase “Employment service center” and name of locality or name of the authority in charge of managing this center.

2. Organizational structure of an employment service center:

a) Leaders of an employment service center are Director and several Deputy Directors;

b) Specialized departments and service departments shall assist the Center’s Director. Based on specific workload, operating characteristics and features of the center, the official who has the power to establish the employment service center shall decide the number and names of the center's specialized departments and service departments according to assigned functions and duties of each department.

Article 7. Rights of an employment service center

1. Conclude contracts with related parties to perform duties prescribed in Article 5 herein.

2. Collect and analyze information about workers, jobs and vocational training.

3. Issue printed matters and publish news about labour market information in accordance with effective regulations of law.

4. Request employers to provide information about employment status of their employees who are introduced or supplied by the employment service center.

5. Collect fees under regulations of the Law on Fees and Charges.

6. Exercise financial autonomy under effective regulations of law.

7. Recruit, use and manage officials, public employees and contractual employees under effective regulations of law.

Article 8. Responsibility of an employment service center

1. Strictly comply with law regulations on establishment and operation of employment service center.

2. Formulate operational regulations of the center under guidance by the Ministry of Labour, War Invalids and Social Affairs.

3. Formulate and implement annual plans for operation approved by a competent authority.

4. Exercise rights of officials, public employees and contractual employees working at the center under effective regulations of law.

5. Implement contracts signed and commitments made with workers, employers, trainees and persons who seek for consulting and employment services.

6. Follow the employment status of workers who are introduced or supplied by the employment service center during the period in which such workers work under seasonal labour contracts or employment contracts for performing a given job with a term of less than 12 months. Follow the employment status of the foregoing persons within a period of 12 months if they work under employment contracts with a term of 12 months or longer.

7. Provide labour market information upon request of agencies, entities and individuals in accordance with effective regulations of law.

8. Analyze and give forecast about the labour market to serve the formulation of socio-economic development plans.

9. Within 30 days as from the date of establishment, the employment service center must publish the following information on the mass media: Decision on establishment of the employment service center, its head office’s address and telephone number.

Ten days before starting operation, the employment service center is responsible for sending a written notification of date of starting operation to the Department of Labour, War Invalids and Social Affairs of the province or city where its head office is located.

10. Every six months and on an annual basis, the employment service center shall submit reports on its operation status made under guidance by Ministry of Labour, War Invalids and Social Affairs to the Provincial Department of Labour, War Invalids and Social Affairs.

Article 9. Responsibility of Ministry of Labour, War Invalids and Social Affairs

1. Fulfill the state management task of employment services nationwide.

2. Submit the planning for national network of employment service centers to the Prime Minister for approval. Local employment service centers in a locality where the regional employment service center is available shall not subject to the planning.

3. Make decision on establishment of the National center for employment services affiliated to the Ministry of Labour, War Invalids and Social Affairs to perform the state management task of employment services, provide certain public services, connect and regulate the labour market information system and give forecast about the labour market nationwide.

4. Make decisions on establishment of the regional employment service centers to assist, instruct and fulfill regional duties of employment services, implement unemployment insurance policies, connect and regulate the labour market information systems and give forecast about the regional labour market, and perform duties prescribed in Article 5 herein.

5. Instruct and inspect the establishment and operation of employment service centers.

6. Submit consolidate reports on operation status of employment service centers to the Government.

Article 10. Responsibility of Ministry of Finance

Take charge of and cooperate with Ministry of Labour, War Invalids and Social Affairs in giving guidance on management and use of employment service charges.

Article 11. Responsibility of Ministries, ministerial-level agencies and Government's affiliates

1. Cooperate with Ministry of Labour, War Invalids and Social Affairs to consistently implement state management of employment services under regulations herein.

2. Establish, restructure and dissolve employment service centers; maintain the satisfaction of equipment and facilities requirements; decide the number of working positions and ensure operating funding of employment service centers under their management.

3. Conduct inspection of operation of employment service centers under their management in accordance with effective regulations of law.

4. Monitor and submit consolidate reports to Ministry of Labour, War Invalids and Social Affairs on operation of employment service centers under their management on a basis of every six months and on an annual basis or upon request by the Ministry.

Article 12. Responsibility of people’s committees of provinces or central-affiliated cities

A provincial-level people’s committee shall:

1. Implement the following regulations on planning for network of employment service centers in this province or city:

a) Formulate the planning for network of local employment service centers under its management with the following fundamental contents: assessment of operating status of local employment service centers; forecast about the labour market to determine the number and organizational structure of local employment service centers; needs of investment in facilities and equipment; number of working positions and operating funding;

b) Consider approval for the planning for network of local employment service centers within a period of 06 months as from the date of entry into force of this Decree. Duration of such planning must not be less than 05 years and there is at least one employment service center in the province or city affiliated to the Provincial Department of Labour, War Invalids and Social Affairs;

c) Send one copy of the planning to Ministry of Labour, War Invalids and Social Affairs.

2. Review and rearrange local employment service centers in conformity with the employment service center network planning approved by the Prime Minister.

3. Make decisions on establishment, restructuring and dissolution of employment service centers under its management.

Chairperson of the Provincial-level People’s Committee shall make decision on change of names of employment service centers that currently implement unemployment insurance policies under regulations herein in order to ensure the continuity of such unemployment insurance policies.

4. Decide the number of working positions of each employment service center and ensure operating funding of employment service centers under its management.

5. Instruct the inspection of operation of local employment service centers.

6. Reward, commend and handle violations under effective regulations of law.

7. Submit report to Ministry of Labour, War Invalids and Social Affairs on the establishment and operation of local employment service centers under its management on a basis of every six months and on an annual basis or upon request by the Ministry.

Article 13. Transitional provisions

After 06 months as from the date of entry into force of this Decree, employment service centers that are established and operate under regulations in the Government’s Decree No. 19/2005/ND-CP dated February 28, 2005 providing for requirements and procedures for establishment and operations of employment service centers and the Government’s Decree No. 71/2008/ND-CP dated June 05, 2008 on amendments to the Government’s Decree No. 19/2005/ND-CP may maintain their operation under regulations herein if such employment service centers satisfy all of requirements herein. An employment service center fails to satisfy the requirements set forth herein within the prescribed time limit must suspend its operation.

Article 14. Effect

1. This Decree comes into force as from January 20, 2014.

2. The Government’s Decree No. 19/2005/ND-CP dated February 28, 2005 providing for requirements and procedures for establishment and operations of employment service centers and the Government’s Decree No. 71/2008/ND-CP dated June 05, 2008 on amendments to the Government’s Decree No. 19/2005/ND-CP shall be null and void as from the date of entry into force of this Decree.

Article 15. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, heads of agencies established by the Government or the Prime Minister, Chairpersons of people’s committees of central-affiliated cities or provinces, and relevant agencies, entities and individuals shall be responsible for implementing this Decree./.