Công văn 5217/LDTBXH-LD

In the process of performing the function of State management over labor for enterprises of all economic sectors, representative offices, foreign agencies and organizations, international organizations, foreign branches located the city area (referred to as enterprise and organization), Service of Labour - Invalids and Social Affairs has found that in addition to enterprises and organizations that have fully implemented the contents of the Labor Code, there are a number of enterprises and organizations committing acts of violation of labor law or failing to implement the administrative procedures related to the work of labor.

To help enterprises and organizations to update, properly and completely implement the administrative procedures related to the work of labor, Service of Labor - Invalids and Social Affairs announces to the enterprises and representative offices on a number of primary contents need to be done in labor agency during the process of operation as follows:

I. WORK OF LABOR DECLARATION:

1. Work of labor declaration and use:

1.1. Labor declaration and use:

- Within 30 days from the date of commencement of operation, the enterprises and branches of foreign companies shall conduct the declaration of labor use situation at the Service of Labor - Invalids and Social Affairs at No. 159 Pasteur St., Ward 6, Dist. 3 (dossier receiving team) under the Form No. 1 attached. The report on declaration of labor use situation shall be made in four copies.

1.2. Report on labor increase and reduction:

- In the course of operations, the enterprises and branches of foreign companies have change in labour increase and reduction, they shall make report once a month at the end of month, specifically:

+ For change in increase: enterprises and organizations shall make report on supplementation of labor increase in the month under the Form No. 01 attached and made in 04 copies

+ For change in reduction: enterprises and organizations shall make report on the number of laborers leaving work in the month under the Form No. 02 attached and made in 04 copies

The enterprises and organizations implementing the report on declaration of labor use shall take responsibility for the contents declared in the form. These contents must conform to the labor contract actually concluded with the laborers. Moreover, the enterprises and organizations shall not have to submit any dossier attached to the form of declaration of labor use.

Place of report receipt under the above contents:

- Enterprises: directly submitting at Service of Labour - Invalids and Social Affairs (No. 159 Pasteur St., Ward 6, Dist. 3)

- Organizations: submitting at one of four Centers where the enterprises are implementing the signing of labor supply contracts:

+ The Service Company to Foreign Missions (FOSCO) (124 Nguyen Dinh Chieu, ward 6, Dist.3)

+ Employment Introduction Center (153 Xo Viet Nghe Tinh, ward 17, Binh Thanh)

+ Aviation Labor Supply And Import-Export Joint Stock Company (02 Song Da, Ward 2, Tan Binh dist.)

+ Saigon Petroleum Services Company (16 Phung Khac Khoan, Da Kao ward, Dist.1)

1.3. Report on the situation of labor use of the first 6 months and the entire year.

Before January 05 and July 05 annually, the enterprises and branches of foreign company shall make report of the first 6 months and the entire year to the Service of Labour - Invalids and Social Affairs on the situation of labor use and the need for new labor recruitment under Form No. 03 attached therefor

2. Particularly for enterprises operating in the area of restaurants, food shops, discotheques, massage, karaoke, hotels and boarding house in the area of the City, the declaration of the labor use shall be conducted under the following procedures

2.1. Labor declaration and use:

- Within 15 days from the date of operation, the enterprises shall conduct declaration of labor use under Form No. 4 attached at the Service of Labour - Invalids and Social Affairs. Dossier of declaration on the use is made into five copies: the unit keeps 01 copy, the remaining 04 copies sent to the city social insurance agency, public security of ward and commune where the unit is operating, the tax agency and 01 copy kept by the Service of Labour - Invalids and Social. When conducting the declaration of labor use, the enterprises shall be proposal to attach individual resume of the laborer, individual labor contract for the Service of Labour - Invalids and Social Affairs to conduct the comparison, check and return it to the unit immediately.

2.2. Report on labor increase and reduction:

- During the operation process, if the enterprises have change in labor, they must make report to the city Service of Labour - Invalids and Social Affairs once every 15 days (early month and mid month)

+ For change in increase: enterprises shall make report on supplementation of labor increase in the month under the Form No. 04 attached and made in 04 copies to be sent to the agencies as specified at Point 2.1.

+ For change in reduction: enterprises shall make report on the number of laborers leaving work in the month under the Form No. 05 attached and made in 05 copies to be sent to the agencies as specified at Point 2.1.

2.3. Quarterly report on the situation of labor use:

The enterprises shall make quarterly report to the city Service of Labour - Invalids and Social Affairs before the 10^th date of the last month of the quarter concerning the situation of labor use and need for new recruitment under the Form No. 06 attached therefor.

II. LABOR RULES

As prescribed in Clause 3, Article 82 of the Labor Law amended and supplemented and Clause 7, Article 1 of Decree No. 33/2003/ND-CP dated April 02, 2003 of the Government amending and supplementing a number of articles of Decree No. 41/CP dated June 07,1995 of the Government, the enterprises and organizations that employ 10 or more laborers must register the labor rules at the state management agency of labor of the provinces and cities directly under the Central Government where the enterprise’s headquarters is located after 6 months from the date of commencement of operations. When building the labor rules, the Executive Committee of the grassroots union should be consulted.

III. SALARY SCALE AND PAYROLL

As stipulated in Article 57 of the Labor Code, as amended and supplemented, the Decree No. 114/2002/ND-CP dated December 31, 2002 of the Government, the Circular No.14/2003/TT-BLDTBXH dated May 30, 2003 of the Government on salary, the Circular No. 28/2007/TT-BLĐTBXH dated December 05, 2007 of the Ministry of Labour - Invalids and Social Affairs amending the Circular No. 13/2003/TT-BLĐTBXH and the Circular No. 4/2003/TT-BLĐTBXH n dated May 30, 2003 guiding the implementation of some articles of Decree No. 114/ND-CP dated December 31, 2002 of the Government on salary, the enterprises must build the salary scale system and payroll and register with the labor agency at localities where there are headquarters of the enterprises after 06 months from the commencement of operation for application at the enterprises

When developing salary scale and payroll, the labor employer must consult with the Executive Committee of the grassroots union.

IV. COLLECTIVE LABOR AGREEMENT:

As prescribed in the Article 44 of the Labor Law amended and supplemented, the Decree No. 196/ND-CP dated December 31, 1994 of the Government, the Decree No. 93/2002/ND-CP dated November 11, 2002 of the Government, the representative of labor collective and the employer shall agree upon the labor conditions and labor use, the rights and obligations in the labor relationship. Therefore, for the enterprises that have established the grassroots union, after negotiation and signing of collective labor agreement, the employer shall submit the registration at the State management agency on labor of centrally run provinces and cities where the enterprises’ headquarters are located within 10 days from the signing date.

V. GRANTING WORKPERMIT TO FOREIGN LABORER

As stipulated in Article 133 of the Labor Law as amended and supplemented, Decree No. 34/2008/ND-CP dated March 25, 2008 on recruitment and management of foreigners working in Vietnam; Circular No. 08/2008/TT-BLDTBXH dated June 10, 2008 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of some articles of Decree No. 34/2008/ND-CP dated March 25, 2008 of the Government, the enterprise must implement the grant of work permits to the foreigners working at the units from 03 months or more at the same time shall be responsible for making periodical report of the first 06 months and the entire year on the situation of use of foreign laborers under the Form No.09 issued together with Circular No. 08/2008/TT-BLDTBXH.

Enterprises and organizations can visit the Website of the Service:

www.sldtbxh.hochiminhcity.gov.vn to access information related to the guidelines and procedures for the declaration of labor, registration for labor book, labor rules, collective labor agreement, salary scale and payroll, issuance of work permits to foreigners. With respect to the periodic reports on the labor use of the first 6 months and the entire year, the enterprises can send them to the Service of Labor, War Invalids and Social Affairs (Division of Labor - Salary - Wage) by email: ldtltc.sld @ tphcm.gov.vn

Based on the above provisions, the enterprises and organizations shall review and carry out a full range of administrative procedures related to the work of labor under the provisions of the Labor Law. This guidance is done from the date of its signing and supersedes the official dispatch No. 629/LDTBXH-LD dated February 05, 2007 of the Service of Labor, Invalids and Social Affairs guiding the implementation of declaration of labor use, increase - reduction of abor in the foreign-invested enterprises. In the course of implementation, if any problems arise, please promptly report to the Service of Labor, Invalids and Social Affairs (Department of Labor - Salary - Wage) at 159 Pasteur, Ward 6, District 3, phone: 38202634-38204240 for further instructions. /.