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You are here: Investors » How to invest » Laws and regulations on investment » Decree No.03/2014 of the Government detailing the implementation of a number of articles of the Labor Code regarding employment
Decree No.03/2014 of the Government detailing the implementation of a number of articles of the Labor Code regarding employment
This Decree details the implementation of a number of Articles of the Labor Code regarding target for employment increase; national Employment Fund; local employment programs; labor recruitment and management.

THE GOVERNMENT
_________

No. 03/2014/ND-CP

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
_______________________

Hanoi, January 16, 2014

DECREE

Detailing the implementation of a number of Articles

of the Labor Code regarding employment

_______________

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

Pursuant to the Labor Code dated June 18, 2012;

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

The Government promulgates the Decree detailing the implementation of a number of Articles of the Labor Code regarding employment.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree details the implementation of a number of Articles of the Labor Code regarding target for employment increase; national Employment Fund; local employment programs; labor recruitment and management.

Article 2. Subjects of application

1. Laborers as specified under Clause 1 Article 3 of the Labor Code.

2. Employers as specified under Clause 2 Article 3 of the Labor Code.

3. Other agencies, enterprises, organizations and individuals related to the contents as stipulated under Article 1 of this Decree.

Chapter II

TARGET FOR EMPLOYMENT INCREASE; NATIONAL EMPLOYMENT FUND; LOCAL EMPLOYMENT PROGRAMS

Article 3. Target for employment increase

The target for employment increase as stipulated under Clause 1 Article 12 of the Labor Code is the target that reflects the increasing number of laborers getting job in the reporting period.

2. The People’s Committees at various levels must build up and organize the implementation of realization of the target for employment increase in the programs, projects and in the five-year and the annual socio-economic development plans;

3. Results of realization of the target for employment increase must be reported according to the following regulations:

a) Annually, People’s Committees of communes, wards, district towns; People’s Committees of districts, towns, provincial cities shall sum up the results of realization of the target for employment increase at their localities and report to the superior People’s Committees;

b) Annually, the provincial/municipal People’s Committees (hereinafter referred as to the provincial People’s Committees) shall sum up the results of realization of the target for employment increase at their localities, report to the Ministry of Labor, War Invalids and Social Affairs;

4. The Ministry of Labor, War Invalids and Social Affairs shall take the prime responsibility of, and coordinate with the Ministry of Planning and Investment in guiding, inspecting and reporting to the Government on the results of realization of the five-year and annual target for employment increase.

Article 4. The National Employment Fund

1. The National Employment Fund includes:

a) The State budget;

b) Assistance from organizations and individuals at home and abroad;

c) Other legal sources;

2. The National Employment Fund shall be used for the following activities:

a) To provide preferential loans capital small and medium-sized enterprises, cooperatives, business households and laborers to support for creating jobs, maintaining and extending jobs;

b) To support enterprises that meet difficulties due to economic crisis to help limit job losers;

c) To support the development of the system of job-recommendation organizations as well as information system of labor market;

3. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility and coordinate with related ministries, agencies in submitting to the Prime Minister on promulgating the Regulation on management and use of the National Employment Fund.

4. Annually, the Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility and coordinate with the Ministry of Planning and Investment, the Ministry of Finance in building up the plan to supplement state budget for the National Employment Fund, and submit to the Prime Minister for approval.

Article 5. Local employment program

1. The local employment program specified in Clause 1 Article 13 of the Labor Code covers: objectives, main tasks, subject, and scope of implementation, time, implementation organization and mechanism, policy.

2. Depending on the socio-economic conditions in each period, provincial People’s Committees shall establish the local employment program, present to the People’s Council at the same level for approval; organize the implementation of the program and annually report the results to the Ministry of Labor, War Invalids and Social Affairs;

Chapter III

LABOR RECRUITMENT, MANAGEMENT

Article 6. Labor recruitment

The recruitment of Vietnamese labor applicable to Vietnamese employers in industrial parks, exporting processing zones, high tech zones and economic zones as stipulated in Article 11 and Clause 2 Article 168 of the Labor Code is specified as follows:

1. The employer is entitled to employ Vietnamese labor directly or via employment services or outsourcing service providers.

2. The laborer is entitled to make direct contacts or register at job-recommending organizations in order to find jobs.

Article 7. Procedures, orders for labor recruitment

1. At least 5 days before receiving the dossiers of registration for recruitment examination from laborers, the employers, employment service organizations or outsourcing service providers must announce on demands for labor recruitment. The contents thereof must cover:

a) Professions, jobs, professional qualifications, number of laborers recruited;

b) Type of labor contract;

c) Wage levels;

d) Working conditions for each position;

2. A dossier of registration for recruitment examination includes the following documents:

a) The written registration for recruitment examination, made according to the form prescribed by the Ministry of Labor, War Invalids and Social Affairs;

b) Copies of diplomas and professional qualifications, certificates of foreign language, information technology as required for the to be-recruited positions;

c) Paper on health check according to the regulations of the Ministry of Health;

d) Other papers prescribed by the law;

3. When receiving the dossiers of registration for recruitment examination, the employers, employment service organizations or outsourcing service providers must keep the dossiers and notify to the laborers about the time of labor recruitment;

4. The employers, employment service organizations or outsourcing service providers must announce the results of labor recruitment within 5 working days since the day having the result of recruitment;

5. In cases when the laborers fail or do not sit in the recruitment examination, the employers, employment service organizations or outsourcing service providers shall have to return the dossiers to such laborers within 5 working days since the day being required by the laborer;

6. The employers shall have to pay all expenses for labor recruitment and be allowed to account these expenses into their production costs or business expenses the following expenses:

a) Recruitment notification;

b) Receipt, management of the written registration for recruitment examination;

c) Organization of examination;

d) Notification of recruitment result;

In case the employers recruit laborers through job-recommending organizations, these employers shall have to pay job-recommendation charges to these job-recommending organizations as prescribed by law.

Article 8. Report on use of labor

1. Within 30 days since the day of operation, the employers must declare the use of labor to the Departments of Labor, War Invalids and Social Affairs (for the employers in industrial zones) where their head offices, branches, representative offices are located.

2. Biannually and annually, the employers must report the changes on labor to the Departments of Labor, War Invalids and Social Affairs (for the employers in industrial zones) where their head offices, branches, representative offices are located.

3. Biannually and annually, the outsourcing service providers must report the outsourcing laborers to the Department of Labor, War Invalids and Social Affairs where their head offices, branches, representative offices are located.

4. Biannually and annually, the Department of Labor, War Invalids and Social Affairs shall sum up the use and change of labor of enterprises and report to the provincial Department of Labor, War Invalids and Social Affairs.

5. Biannually and annually, the provincial Department of Labor, War Invalids and Social Affairs shall sum up the use and change of labor of enterprises and report to the Ministry of Labor, War Invalids and Social Affairs and the provincial People’s Committees.

Article 10. Labor management books

The employers shall make the labor management book, manage and use the book as stipulated by the Ministry of Labor, War Invalids and Social Affairs.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10. Effect

1. This Decree takes effect on March 15, 2014.

2. The Decree No. 39/2003/ND-CP dated April 18, 2003 of the Government detailing and guiding the implementation of a number of articles of the Labor Code regarding employment shall be ineffective since the day this Decree takes effect.

Article 11. Implementation responsibilities

1. The Minister of Labor, War Invalids and Social Affairs shall guide the implementation of this Decree.

2. The ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government and the presidents of the provincial/municipal People’s Committees and related agencies, enterprises, organizations and individuals shall have to implement this Decree./.

 

FOR THE GOVERNMENT

PRIME MINISTER

 

 

 

Nguyen Tan Dung

 

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