Circular No. 23/2014/TT-BLDTBXH dated August 29, 2014, providing instructions on the implementation of Decree No.03/2014/ND-CP on providing the Labor Code in respect of employments

CIRCULAR

PROVIDING INSTRUCTIONS ON THE IMPLEMENTATION OF SEVERAL ARTICLES OF THE GOVERNMENT’S DECREE No.03/2014/NĐ-CP DATED JANUARY 16, 2014 ON PROVIDING THE DETAIL FOR IMPLEMENTING SEVERAL ARTICLES OF THE LABOR CODE IN RESPECT OF EMPLOYMENTS

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

Pursuant to the Government’s Decree No.03/2014/NĐ-CP dated January 16, 2014 on detailing the implementation of several articles of the Labor Code in respect of employments;

At the request of the Director of Department of Employment,

The Minister of Labor, War Invalids and Social Affairs hereby promulgates the Circular on providing instructions on implementing several provisions of the Government’s Decree No.03/2014/NĐ-CP dated January 16, 2014 on detailing the implementation of several articles of the Labor Code in respect of employments (hereinafter referred to as the Decree No.03/2014/NĐ-CP).

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Circular shall herein provide guidance on objectives for creating additional employments, labor recruitment, report on labor utilization, formulation and management of employment logbooks in accordance with the Decree No.03/2014/NĐ-CP.

Article 2. Applicable entities

Applicable entities of this Circular is the applicable entities regulated in Article 2 of the Decree No. 03/2014/NĐ-CP.

Chapter II

OBJECTIVE FOR CREATING ADDITIONAL EMPLOYMENTS

Article 3. The number of employees provided with additional employments

1. The number of employees provided with additional employments as stipulated in Clause 1 Article 3 of the Decree No.03/2014/NĐ-CP refers to the increasing or decreasing number of employees provided with additional employments for the current reporting period in comparison with the number of employees provided with employments for the previous reporting period.

2. The number of employees with additional employments is classified by their residence in urban or rural areas; economic sectors and gender.

3. Based on information about employments of employees who legally reside in local areas, a report on the number of employees provided with additional employments shall be compiled in accordance with the law on labor market information.

Article 4. Report on the achievement of objectives for creating additional employments

1. The People’s Committee of a hamlet, ward or town with the help of the Division of Labor, War Invalids and Social Affairs shall send an annual report on the achievement of objectives for creating additional employments that takes place at their local areas to the People’s Committee of a provincial or urban district, or a provincial city (hereinafter referred to as the district-level People’s Committee) before every November 25 by completing the form No.01 hereto appended.

2. The district-level People’s Committee with the help of the Department of Labor, War Invalids and Social Affairs shall send an annual report on the achievement of objectives for creating additional employments that takes place at their local areas to the People’s Committee of a central-affiliated city and province (hereinafter referred to as the provincial People’s Committee) before every December 05 by completing the form No.02 hereto appended.

3. The provincial People’s Committee shall then send a final report on the achievement of objectives for creating additional employments for submission to the Ministry of Labor, War Invalids and Social Affairs before every December 15 by completing the form No.03 hereto appended.

Chapter III

RECRUIMENT AND MANAGEMENT OF EMPLOYEES

Article 5. Procedures and processes for labor recruitment

1. The public disclosure of regulations set out in Clause 1 and Clause 4 Article 7 of the Decree No.03/2014/NĐ-CP shall be carried out by means of the followings:

a) Posting an employment advertisement at the employer's main office, branches or representative offices where job vacancies are available;

b) Advertising job vacancies through the mass media.

2. Employment application form as stipulated at Point a Clause 2 Article 7 of the Decree No.03/2014/NĐ-CP shall adhere to the form No.04 hereto appended.

3. Any job candidate who wishes to take their application back as prescribed in Clause 5 Article 7 of the Decree No.03/2014/NĐ-CP must send a written request within a period of 03 months from the date on which the final result of labor recruitment is announced.

Article 6. Report on labor utilization

1. Employment application form as stipulated at Point a Clause 1 Article 8 of the Decree No.03/2014/NĐ-CP shall adhere to the form No.05 hereto appended.

2. Employers must annually report any change in their labor utilization as stipulated in Clause 2 Article 8 of the Decree No.03/2014/NĐ-CP before May 25 and November 25 by completing the form No.07 hereto appended.

3. The Division of Labor, War Invalids and Social Affairs must annually report the registration of employees and change of labor utilization of local enterprises under the Division’s administrative direction as stipulated in Clause 4 Article 8 of the Decree No.03/2014/NĐ-CP before June 05 and December 05 by completing the Form No.06 and 08 hereto appended.

4. The Department of Labor, War Invalids and Social Affairs must annually report the registration of employees and change of labor utilization of local enterprises under the Department’s administrative direction as stipulated in Clause 5 Article 8 of the Decree No.03/2014/NĐ-CP before June 15 and December 15 by completing the Form No.06 and 08 attached herein.

Article 7. Formulation, management and use of employment logbooks

1. Within a period of 30 days as from the date on which the enterprise has started running their business operations, employers must keep the employment logbook at their main office, branches or representative offices.

2. Employers have the right to decide whether such employment logbook shall be kept in paper or electronic copies, which must meet the employer's management needs but also enclose basic information about employees as follows:

a) Full name, gender, year of birth, nationality, residence and ID (or passport) number;

b) Professional and technical qualifications;

c) Vocational grades and skills;

d) Job title;

dd) Type of employment contract;

e) Start date;

g) Participation in social insurance, health insurance and unemployment insurance;

h) Salary or wage;

i) Pay raise;

k) The number of annual leaves and specific reasons;

l) Overtime hours (on weekdays, weekends, annual leaves and public holidays);

m) Social and health insurance benefits;

n) Opportunities to have access to vocational education or training, professional and skills development courses;

o) Labor discipline and material responsibility;

p) Occupational accidents and diseases;

q) Time of employment contract termination and specific reasons.

3. Employers must be responsible to record detailed information about employees right after the employment contract comes into force as well as keep the employment logbook up to date by entering any change to information about employees.

4. Employers must be responsible to manage and use the employment logbook for the right purpose and make it available whenever it is requested by the Division of Labor, War Invalids and Social Affairs; the Department of Labour, War Invalids and Social Affairs at an area where the employer’s main office, branches and representative offices are located; inspectorate of the Ministry of Labor, War Invalids and Social Affairs, and relevant regulatory agencies.

Chapter IV

EXECUTION PROVISIONS

Article 8. Entry into force

1. This Circular comes into force as from October 20, 2014.

2. This Circular shall supersede the Circular No.06/1998/TT-BLĐTBXH dated April 15, 1998 on providing instructions on registration of employees right after the enterprise starts their business and report on the termination of employment contracts whenever the enterprise is dissolved; the Circular No.29/1999/TTLT-BLĐTBXH-BQP dated December 06, 1999 of the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of National Defense on providing instructions on registration of employees right after such enterprise starts their business, report on the enterprise’s labor utilization during their business operation, and report on the termination of employment contracts in respect of military-run enterprises, and the Circular No.20/2003/TT-BLĐTBXH dated September 22, 2003 on providing instructions for the implementation of a several provisions of the Government’s Decree No.39/2003/NĐ-CP dated April 18, 2003 on labor recruitment.

3. As regards enterprises, agencies and organizations that have been established and started their business operations before this Circular comes into force, employers must keep an employment logbook at their main offices, branches and representative offices within a period of 30 days as from the effective date of this Circular.

Article 9. Responsibility for implementation

The Department of Labour, War Invalids and Social Affairs, relevant agencies, enterprises, organizations and individuals shall take full responsibility for the implementation of 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 any timely guidance.

Form No.04: Issued together with the Circular No.23/2014/TT-BLĐTBXH dated August 29, 2014 of the Ministry of Labor, War Invalids and Social Affairs on providing instructions on the implementation of several provisions of the Decree No.03/2014/NĐ-CP.

EMPLOYMENT APPLICATION FORM

Dear, …………………………………………………………………….

…………………………………………………………………………………..

Full name (written in capital letters) ……………………………………………….Gender:

Birth date:

ID/ Passport number: ……………..Issuing date …../…../….. Issuing place:

Ethnicity: …………………………………….Religion:

Professional and technical qualification:

Vocational grade and skills (if any):

Foreign language: …………………………………. Level:

Contact address:

Telephone: ………………….. Fax: ………………. E-mail address:

I. Educational background (vocational school, two-year junior college, college and university or any higher-level learning institution)

II. Employment history

III. Capabilities and strengths

IV. Attached documents

1. Copies of degrees and/or certificates;

2. Medical certificate;

3. Other necessary documents as per legal regulations;

4. Particular documents of any priority placement candidates (if any).

After carefully reading the employment advertisement, I have decided to apply for the job title:

I hereby assure and certify that the information above is true and accurate as well as compliance with the regulations on labor recruitment.

Form 05: Issued together with the Circular No.23/2014/TT-BLĐTBXH dated August 29, 2014 of the Ministry of Labor, War Invalids and Social Affairs on providing instructions on the implementation of several provisions of the Decree No.03/2014/NĐ-CP.

REGISTRATION OF LABOR UTILIZATION FROM THE START

Dear, the Sub-Department of Labor, War Invalids and Social Affairs of district/town/ provincial city.........
(Or the Department of Labor, War Invalids and Social Affairs of province/ city............)

The enterprise that was established under………………………, based in…………………and has began to run their business since....................

Type of enterprise (Private, Partnership, Single-member Limited Liability, Multi-member Limited Liability, Joint Stock): …………………………………………………………………………………………………………………………………………………………………

Hereby applies for registration of our labor utilization as follows:

Form 07: Issued together with the Circular No.23/2014/TT-BLĐTBXH dated August 29, 2014 of the Ministry of Labor, War Invalids and Social Affairs on providing instructions on the implementation of several provisions of the Decree No.03/2014/NĐ-CP.

REPORT ON CHANGES TO EMPLOYEES IN THE FIRST HALF OF THE YEAR…………

(OR IN THE SECOND HALF OF THE YEAR..................)

Dear, The Division of Labor, War Invalids and Social Affairs of district/town/ provincial city.........
(Or the Department of Labor, War Invalids and Social Affairs of province/ city....)

Type of enterprise (Private, Partnership, Single-member Limited Liability, Multi-member Limited Liability, Joint Stock): ……………………………………………………………………………………………………………………………………………………………………

The enterprise herein reports changes to our employees as follows:

I. The number of employees at the beginning of a reporting period

Unit: person

II. The increasing number of employees within a reporting period

III. The decreasing number of employees within a reporting period

IV. The number of employees at the end of a reporting period