Nghị định 71/2008/ND-CP

DECREE

OF THE GOVERNMENT NO.71/2008/ND-CP DATED JUNE 05, 2008 ON AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF THE DECREE NO.19/2005/ND-CP DATED FEBRUARY 28, 2005 OF THE GOVERNMENT REGULATING CONDITIONS, PROCEDURES FOR THE ESTABLISHMENT AND OPERATION OF THE PLACEMENT ORGANIZATIONS

THE GOVERNMENT

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

Pursuant to the Labor Code dated June 23, 1994; Law Amending and Supplementing a Number of Articles of the Labor Code dated April 02, 2002;

At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREE:

Article 1. To amend and supplement a number of Articles of the Decree No. 19/2005/ND-CP dated February 28, 2005 of the Government defining the conditions and procedures for the establishment and operation of the placement organizations as follows:

1. To amend and supplement Article 4 as follows:

"Article 4. Placement enterprises (hereinafter referred to as the enterprises) are the enterprises established and operating under the provisions of the 2005 Enterprise Law and other relevant legal documents. The enterprises that were legally established prior to the effective date of the 2005 Enterprise Law are conducted the placement operation as stipulated in this Decree by July 01, 2010."

2. To amend and supplement Clause 2 and Clause 3, Article 8 as follows:

"2. Organizations assisting the Director:

The center has a maximum number of not more than 02 (two) Deputy Directors and has specialized departments, service departments to perform the tasks specified in this Decree. Based on the workload, the nature and characteristics of the specific activities, director shall decide the number and names of the specialized departments, service departments in accordance with functions, tasks to be assigned but not more than 04 (four) specialized departments and 02 (two) service departments. The departments have the heads and a maximum number of not more than 02 (two) Deputy Directors; the appointment and dismissal of the managers and vice managers of the departments shall be implemented according to the officials management decentralization.

For the centers operating in the provinces, the cities with a large scale of population and labor force, the centers having special natures, the number of deputy directors, and the number of departments may be more than the above provision and shall be decided by the agencies that are competent to establish the centers.

3. Staff of the Center:

Based on the workload, the nature, and characteristics of the specific activities of the Centers, the agencies that are competent to decide the establishment of the centers specify number of staffs of the Centers and fund regular operation for the activities without revenues or offsetting the deficit.

The recruitment, employment and management of officials and public employees of the Centers shall comply with the provisions of the 1994 Labor Code amended and supplemented in 2002 and 2006, the Decree No.116/2003/ND-CP of October 10, 2003 of the Government on the recruitment, employment and management of officials and public employees in the State's non-business units and the Decree No.121/2006/ND-CP of October 23, 2006 of the Government amending and supplementing the Decree No.116/2003/ND-CP of October 10, 2003; Directors of the Centers are based on the staffing norms issued by the competent authorities, the demand of work and financial capacity of the Centers to sign the labor contracts under the provisions of the Labor Code.

The persons who sign labor contracts must be qualified, specialized, professional title structures according to the provisions of the Ministry of Labor, War Invalids and Social Affairs and arranged wages as prescribed by the Labor Code or under the specialized, professional payroll for officials and public employees in the State agencies issued together with the Decree No.204/2004/ND-CP of December 14, 2004 of the Government on salary regime for officials and civil servants, public employees and armed forces.

The regimes of wages, remuneration, social insurance, health insurance, regime of training, retraining to improve qualifications shall comply with the current regulations."

3. To amend and supplement Clause 6 of Article 9 as follows:

"6. To be assigned the financial autonomy in accordance with the current provisions on financial regime for the non-business units with revenues to cover part of operating expenses and to be exempted from or reduced tax under the provisions of the current law on tax;"

4. To amend and supplement Clause 7 of Article 10 as follows:

"7. To follow the employment status of workers provided or introduced by the Centers during a year (in the case of implementation of the labor contracts of indefinite term and labor contract of period determination from 12 months to 36 months) or during the implementation of the labor contract (in the case of seasonal labor contract performance or a certain job for a period of less than 12 months). When the workers who were introduced jobs by the placement centers lost their jobs, notify the Centers for them to create favorable conditions for workers to use the services of the centers to find new jobs. "

5. To amend and supplement Article 11 as follows:

"Article 11. Permit for placement operation (hereinafter referred to as Permit) shall be issued by the Departments of Labor, War Invalids and Social Affairs to the enterprises established under the 2005 Enterprise Law.

Permit form shall be defined by the Ministry of Labor, War Invalids and Social Affairs."

6. To amend and supplement Article 16 as follows:

"Article 16. Stripping of the right to use permits for the placement operation of definite and indefinite term:

1. The enterprises violating one of the following provisions will be stripped the right to use the placement operation permits within 03 months:

a) Violating the business lines stated in the permit or having insufficient conditions stipulated in Article 12 of this Decree;

b) Committing acts of cheating, fraud for workers, enterprises and other organizations determined by the competent State agencies;

c) Failing to perform the obligations of the enterprises in accordance with the law provisions;

d) Failing to report in accordance with provisions to the State management agencies on local labor continuously from 01 (a) calendar year or more;

đ) Being administratively sanctioned for violating labor law 03 (three) times a year, or having 01 (a) act of violation to be sanctioned 03 times.

e) Failing to operate after 06 (six) months from the date of issuance of the permit;

g) Termination of operation.

2. Departments of Labor, War Invalids and Social Affairs are responsible for the implementation of the stripping of the right to use permits of placement operation with a term for the enterprises violating the above provisions.

3. The enterprises being stripped the right to use permits of placement operation with a term for the second times will be stripped the right to use the permits of placement operation indefinitely."

7. To amend and supplement Clause 7 of Article 19 as follows:

"7. To follow the employment status of workers provided or introduced by the enterprises during a year (in the case of implementation of the labor contracts of indefinite term and labor contract of period determination from 12 months to 36 months) or during the implementation of the labor contract (in the case of seasonal labor contract performance or a certain job for a period of less than 12 months). When the workers who were introduced jobs by the placement enterprises lost their jobs, notify the enterprises for them to create favorable conditions for workers to use the services of the enterprises to find new jobs."

8. To add Article 19a as follows:

"Article 19a. Placement operation in the branches of the enterprises (hereinafter referred to as branches):

1. Branches lawfully established under the provisions of the Law on Enterprises and being ensured fully conditions as prescribed in Clause 1, 2 and 4 of Article 12 of this Decree are operated placement.

2. Branches operating placement in the provinces and cities directly under the Central Government where the enterprises are issued permits for placement operation must be informed in writing by the enterprises to the Departments of Labor, War Invalids and Social Affairs of provinces and cities directly under the Central Government where the enterprises operate together with the Decision of Enterprises assigning the task of placement for the branches. The time limit for submitting a written notice is at least 05 (five) working days prior to the date of starting operations of the branches.

3. Branch operating placement outside the province or city directly under the Central Government where the enterprise is granted permit must register with the Department of Labor, War Invalids and Social Affairs of province and city directly under the Central Government where the branch operates. Registration procedures for the placement operation shall be made by branch’s director under the guidance of the Ministry of Labor, War Invalids and Social Affairs.

4. Duration of branch’s placement operation does not exceed the time limit of the permit for placement operation of the enterprises.

5. At office, the branch must publicize the decision of the enterprise assigning placement operation for the branch and a copy of the placement operation License of the enterprise.

6. Branch must report irregularly under the provisions of the Decree No.19/2005/ND-CP dated February 28, 2005 and subject to the inspection and examination of the Department of Labor, Invalids and Social Affairs of the locality where the branch operates."

9. To amend and supplement Article 24 as follows:

"Article 24. Responsibilities of the Ministry of Finance

To preside over and coordinate with the Ministry of Labor, War Invalids and Social Affairs to guide the management and use of placement fees."

Article 2. The Ministry of Labor, War Invalids and Social Affairs, the relevant ministries and branches within its function, tasks are responsible for guiding the implementation of this Decree.

Article 3. This Decree takes effect 15 days from the date of publication in the Official Gazette. All previous provisions contrary to the provisions of this Decree are hereby annulled.

Article 4. The Ministers, heads of ministerial-level agencies, the heads of the Governmental agencies, chairmen of the People's Committees of provinces and cities directly under the Central Government are responsible for the implementation of this Decree./.