CIRCULAR

Guiding certain contents of sustainable employment support under the National Target Program for sustainable poverty reduction in the period of 2021-2025

Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government on function, tasks, powers and organizational structures of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decree No. 27/2022/ND-CP dated April 19, 2022 of the Government of Vietnam on mechanisms for managing and organizing the execution of national target programs;

Pursuant to Decision No. 02/2022/QD-TTg dated January 18, 2022 of the Prime Minister promulgating regulations on rules, criteria and norms for allocation of central government budgets and rates of counterpart fund of local government budgets for executing the National Target Program for sustainable poverty reduction in the period of 2021-2025;

Implementing Decision No. 90/QD-TTg dated January 18, 2022 of the Prime Minister approving the National Target Program for sustainable poverty reduction in the period of 2021-2025;

At the request of the Director of the Department of Employment;

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular guiding certain contents of sustainable employment support under the National Target Program for sustainable poverty reduction in the period of 2021-2025.

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GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidance on certain contents of sustainable employment support under the National Target Program for sustainable poverty reduction in the period of 2021-2025 prescribed in Decision No. 90/QD-TTg dated January 18, 2022 of the Prime Minister approving the National Target Program for sustainable poverty reduction in the period of 2021-2025;

Article 2. Regulated entities

1. Employees, taking priority over employees from poor households, near-poor households, and households just getting out of poverty.

2. Employees living in poor districts and extremely disadvantaged communes in coastal areas and on islands.

3. Employment Service Centers.

4. Employment service providers in provinces having poor districts.

5. State regulatory authorities at all levels.

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Article 3. Support

1. Support in developing database for job seekers and recruiters; employment management associated with the national population database and other databases including:

a) Ensure technical and information infrastructures.

b) Design and organize database for job seekers and recruiters; database for employees (hereinafter referred to as “database”) and employment management information system.

c) Implement and develop electronic applications for job seekers and recruiters; applications for employment.

d) Collect, standardize and input data.

dd) Store, secure and ensure information security and safety for database and employment management information system.

e) Train and organize personnel apparatus, operate, manage, update and use database and employment management information system.

g) Operate and calibrate database and employment management information system.

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2. Support in job fair activities including:

a) Organize job fairs.

b) Survey, collect and total up labor market information for organizing job fairs.

c) Provide labor market information, disseminate such information to attract employees and employers to participate in job fairs.

d) Provide trainings in and guidance on organizing job fairs.

dd) Develop instruction manuals and professional manuals on employment and labor market.

3. Collect, analyze data and forecast the labor market

a) Investigate, survey and collect information for analyzing and forecasting the labor market.

b) Formulate reports/ studies into analyzing forecasts and developing a model of labor market forecasting.

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d) Publish publications on analyzing and forecasting the labor market.

dd) Provide trainings in and guidance on collection, analysis and forecast of the labor market.

4. Support in job matching:  Support in successful employment connection (with employment contracts) for employees of poor households, near-poor households, households just getting out of poverty, and employees living in poor districts, extremely disadvantaged communes in coastal areas and on islands.

Article 4. Methods for support

1. Support in developing database for job seekers and recruiters; employment management associated with the national population database and other databases shall comply with regulations in Chapter II, chapter III of this Circular and guidance of the Ministry of Finance on management and use of funding for execution of the National Target Program for sustainable poverty reduction in the period of 2021-2025.

2. Support in job fairs; collection, analysis and forecast of the labor market shall comply with guidance of the Ministry of Finance on management and use of funding for execution of the National Target Program for sustainable poverty reduction in the period of 2021-2025.

3. Support in job matching: the support shall be provided by using the mechanism for tendering, ordering and commissioning for employment service centers and employment service providers as prescribed in the Government's Decree No. 32/2019/ND-CP dated April 10, 2019 commissioning, ordering and tendering for public-sector goods and services funded by the state budget's regular expenditures.

Article 5. Principles of implementation

Regarding the development of database for job seekers and recruiters; employment management associated with the national population database and other databases, the following principles must be met:

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2. Database must be developed in compliance with regulations of law on electronic transactions, electronic storage, data protection, security and safety, information security and other relevant regulations; exchange information and data shall be encoded in a manner of ensuring the integrity and may be authenticated via the population database and other specialized databases related to labor and employment policies.

3. Share of information and data shall comply with the law in setting up, managing and using the database; must not affect the rights and duties of relevant enterprises, organizations and individuals; must not infringe upon the rights to privacy, personal and family secrets, business secrets, unless otherwise provided by law.

4. The development, connection and share of information between database for job seekers and recruiters; and database for employees shall comply with regulations in Decree No. 47/2020/ND-CP dated April 09, 2020 of the Government on management, connection and share of digital data in state offices; Decision No. 749/QD-TTg dated June 03, 2020 of the Prime Minister approving the National Digital Transformation Program by 2025, with orientation towards 2030; Decision No. 1371/QD-LDTBXH dated December 03, 2021 of the Minister of Labor, Waw Invalids and Social Affair son promulgation of Code of Standard for electronic data exchange in the fields of Labor, persons with meritorious services to the country and social affairs.

Chapter II

DEVELOPMENT OF DATABASE FOR JOB SEEKERS AND RECRUITERS

Article 6. Database for job seekers and recruiters

1. Database for job seekers and recruiters is a specialized database, a collection of information about job seekers and needs desired jobs, information about employers who needs to recruit employees and job positions that the employers are recruiting, shall be digitalized, stored and managed by the information infrastructure, connected and shared with other databases as prescribed by law.

2. Database for job seekers and recruiters is uniformly developed and managed by the Ministry of Labor, War Invalids and Social Affairs, including:

a) Database for job recruiters.

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Article 7. Development of database for job recruiters

1. Database for job recruiters includes information about employers and job positions that the employers are recruiting.

2. Information in the database for job seekers is obtained from the following sources:

a) Information on the registration of job recruitment of employers via electronic applications of job recruiters and job seekers or via other   related applications.

b) Information of job recruiters digitalized and standardized from the collection and update of information on employment recruitment needs of employers and works related to employment services.  

c) Information connected and shared with the national database of enterprise registration and the national database of social insurance.

3. Information in the database for job recruiters is adjusted and updated from the following sources:

a) Results achieved from the process of implementing procedures and operations related to information about job market and employment services.

b) Proposals for amendments of agencies, organizations and individuals if any information in the database for job recruiters is changed or is inadequate or inaccurate.

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4. Forms include Form No. 01 of the Appendix enclosed herewith or Form No. 03/PLI, and From No. 03a/PLI issued together with Decree No. 23/2021/ND-CP dated March 19, 2021 of the Government of Vietnam elaborating clause 3 Articles 37 and 39 of the Employment Law on employment service centers and job service providers (hereinafter referred to as “Decree No. 23/2021/ND-CP).

5. Information is collected and updated with a regular frequency.

6. Employment service centers shall organize collection, update and management of information in the database for job recruiters to serve the connection between labor supply and demand in areas.

Article 8. Development of database for job seekers

1. Database for job seekers includes basis demographic information, general education qualifications, education and training qualifications and fields, skills in vocational education, work experience and needs for jobs of workers who are looking for jobs.

2. Information in the database for job recruiters is obtained from the following sources:

a) Information about job application of workers via electronic applications for job seekers and recruiters.

b) Information about job seekers digitalized and standardized from the collection and update of information of job seekers and job recruiters and works related to employment services. 

c) Information connected, shared and verified with the national population database and other databases.

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a) Results achieved from the process of implementing procedures and operations related to information about job market and employment services.

b) Proposals for amendments of agencies, organizations and workers if any information in the database for job seekers is changed or is inadequate or inaccurate.

c) From other relevant database in case of change.

4. Forms include Form No. 02 of the Appendix enclosed herewith or Form No. 01/PLI, and From No. 01a/PLI issued together with Decree No. 23/2021/ND-CP.

5. Information is collected and updated with a regular frequency.

6. Employment service centers shall organize collection, update and management of information in the database for job seekers to serve the connection between labor supply and demand in areas.

Article 9. Development and use of databases for job seekers and recruiters

1. Employment service centers shall develop and use the databases for job seekers and job recruiters to serve works related to job market information, employment services and connection between labor supply and demand.

2. Employment service centers shall update, monitor and manage results of job matching using form No. 04/PLI enclosed with Decree No. 23/2021/ND-CP.

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Article 10. Management of databases for job seekers and recruiters

1. Management

a) Construct and operate technical infrastructures and database software for job seekers and job recruiters in order to ensure the thorough accuracy and stability on the entire system.

b) Update, handle and integrate information into related databases.

c) Manage the rights to update information in databases.

d) Monitor and supervise the use of databases.

dd) Assist in operate and develop databases.

2. Management of accounts, update and development of databases for job seekers and recruiters

a) The central account of the databases for job seekers and job recruiters is managed by the National Center for Employment Services (under the Employment Department of the Ministry of Labor, War Invalids and Social Affairs).

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Chapter III

EMPLOYMENT MANAGEMENT ASSOCIATED WITH THE NATIONAL POPULATION DATABASE AND OTHER DATABASES

Article 11. Regulated entities

Regulated entities include workers aged from full 15 and higher residing in areas.

Article 12. Development of a database of workers

1. The database of workers is a specialized database, a collection of basic information about demographics, employment, labor relations of workers which are digitized, stored and managed by information infrastructure, connected and shared with the national population database and other databases as prescribed by law.

2. The database of workers includes basic information of workers, working qualifications and skills, employment status, labor relations and social insurance participation status of workers.

3. Information in the database of workers is obtained from the following sources:

a) Information on the job application of workers via electronic employment applications or via other related applications.

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c) Information connected, shared and compared with the national population database and other databases.

4. Information in the database of workers is updated and adjusted from the following sources:

a) Results achieved from the process of implementing administrative procedures and operations related to the employment management.

b) Proposals for amendments of agencies, organizations and individuals if any information in the database of workers is changed or is inadequate or inaccurate.

c) From other relevant database in case of change.

5. A form that is used is Form No. 03 of the Appendix issued herewith.

6. Implementation methods

a) The Department of Labor, War Invalids and Social Affairs shall advise and assist the Provincial People’s Committees in organizing implementation of the following tasks:

- Develop a plan for organizing the collection, update, adjustment and consolidation of information about workers in their provinces.

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- Consolidate and synchronize the database of workers according to the guidance of the Ministry of Labor, War Invalids and Social Affairs to build a database of workers nationwide.

b) The District-level People’s Committees shall guide and direct the Commune-level People’s Committees to organize collection, update and adjustment of information about workers residing in their areas.

c) The Commune-level People’s Committees shall base on sources and guidance of the Supreme People’s Committees and the Department of Labor, War Invalids and Social Affairs to:

- Make a plan and organize the collection, update and adjustment of information about workers residing in their areas; handle rising matters.

- Set up a mechanism for comparison, update and share of the collected database of workers with the national population database and other databases serving as a basis for verifying the completion of the database and providing e-workbooks to workers.

Article 13. Development and use of data of workers

1. Information from the database of workers shall be used to serve as a basis for the employment management and establishment of e-workbooks for workers.

2. Central and local employment authorities shall develop and use data to serve the state management of workers under their competence.

3. Workers shall use e-workbooks to carry out administrative procedures and fairs related to training and recruitment of workers and apply for the support for workers, employment and other operations of related authorities.

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Article 14. Management of the database of workers

1. Construct and operate technical infrastructure and database software for workers in order to ensure the thorough accuracy and stability on the entire system.

2. Update, handle and integrate information into related databases.

3. Manage the rights to update information in the database.

4. Monitor and supervise the use of the database.

5. Assist in operate and develop the database.

Chapter IV

ORGANIZING IMPLEMENTATION

Article 15. Responsibilities of Employment Service Centers

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2. Organize the adequate, accurate and timely collection, update and reporting of data under their management.

Article 16. Responsibilities of the Provincial People’s Committees

1. Direct the Department of Labor, War Invalids and Social Affairs to:

a) Take charge and cooperate with related departments and local authorities in guiding the implementation of sustainable employment support in their provinces.

b) Send inspection, supervision, preliminary summaries, summaries, evaluations and 6-month reports (before June 15), annual reports (before December 15) of the implementation results to the Ministry of Labor, Invalids and Social Affairs.

2. Direct departments, local authorities and the People’s Committees at all levels to.

a) Cooperate with the Department of Labor, War Invalids and Social Affairs in developing a plan and organizing the implementation of sustainable employment support in their areas.

b) The Commune-level People’s Committees shall organize the collection and update of information of workers as prescribed in this Circular. 

c) Report the management, development and use of data of workers to the Department of Labor, War Invalids and Social Affairs at the requests of managing authorities.

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1. Employment Department shall guide, inspect, supervise, sum up partially, summarize, evaluate and report the results of implementing contents prescribed in Article 3 of this Circular.

2. Information centers shall cooperate with the Employment Department and related units in guiding the development of databases for job seekers and job recruiters; and employment management associated with the national population database and other databases.

Article 18. Entry into force

1. This Circular comes into force from July 01, 2022.

2. During the implementation of the National Target Program on sustainable poverty reduction in the period of 2021-2025, the collection and update of information on the labor recruitment needs of employers and workers, in order to develop databases for job recruiters and databases of workers, shall comply with regulations in this Circular, and shall not comply with Circular No. 01/2022/TT-BLDTBXH dated January 25, 2022 of the Minister of Labor, Invalids and Social Affairs guiding collection, storage and consolidation of labor market information.

3. In case the documents referred to this Circular are amended or replaced by other documents, the revised documents shall be applied.

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

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