Circular No. 01/2022/TT-BLDTBXH guiding the collection, storage, and synthesis of labor market information

CIRCULAR

HGuidelines for collecting, storing, and compiling labor market information

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Pursuant to the Labor Law dated November 16, 2013;

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

Decree No. Pursuant to Decree No. 47/2020/NĐ-CP dated April 9, 2020 of the Government on management, connection, and sharing of digital data of state agencies;

Pursuant to Decree No. 23/2021/NĐ-CP dated March 19, 2021 of the Government detailing Clause 3 Article 37 and Article 39 of the Labor Law regarding employment service centers and enterprises engaged in employment services;

At the proposal of the Director of the Employment Department;

The Minister of Labor - Invalids and Social Affairs issues this Circular guiding the collection, storage, and compilation of labor market information. This Circular guides the collection, storage, and compilation of labor market information within the jurisdiction of the Ministry of Labor - Invalids and Social Affairs, excluding labor market information included in the national statistical indicator system.

 PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to agencies, organizations, and individuals involved in the collection, storage, and compilation of labor market information within the jurisdiction of the Ministry of Labor - Invalids and Social Affairs, excluding labor market information included in the national statistical indicator system.

Article 2. Applicability

1. Information and data on labor supply include basic demographic information, general education level, vocational training level, educational training field, and employment status of workers.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

2. Information and data on labor demand include basic information on business type, economic sector, labor utilization, and recruitment needs of employers.

3. Digital data is data represented in symbols, writing, numerals, images, sounds, or similar forms expressed through digital signals. Digital data carries numerical information and is shared in the form of data messages.

Article 4. Principles for collecting, storing, and compiling labor market information

1. Collecting labor market information must ensure timeliness, accuracy, honesty, scientificity, objectivity, and continuity.

2. Labor market information and data must be managed, stored, and kept confidential in accordance with legal provisions on archiving and protecting state secrets.

Article 5. Developing plans for collecting, storing, and compiling labor market information

1. Principles for developing plans

a) Ensuring timely support for state management work on labor and employment and meeting requirements for socio-economic development and ensuring national defense and security.

b) Ensuring accurate, comprehensive, systematic data collection; meeting the requirements of the National Digital Transformation Program.

c) Integrating with activities according to assigned functions and tasks without overlapping or duplicating responsibilities.

d) Ensuring effective, feasible, economical implementation with regard to financial resources and manpower.

đ) The time for drafting and approving plans must ensure the allocation of budget funds and implementation according to regulations.

2. Bases for developing plans

a) Requirements for state management work on labor and employment and socio-economic development requirements, ensuring national defense and security.

b) In accordance with legal regulatory documents.

c) According to assigned functions, tasks, and powers.

d) Programs, projects, tasks already approved by competent authorities.

đ) The content of labor market information specified in Clause 1 Article 7 and Clause 1 Article 10 of this Circular serves as the basis for implementing labor market information collection, management, publication, provision, and use.

3. A plan for collecting, storing, and compiling labor market information shall include the following main contents:

a) Objectives and requirements for collecting, storing, and compiling labor market information.

b) Volume of labor market information to be collected.

c) Content of work for collecting, storing, and compiling labor market information.

d) Products from collecting, storing, and compiling labor market information.

đ) Implementation plan and human resources.

g) Budget estimate.

e) Implementation organization.

COLLECTION OF LABOR MARKET INFORMATION

Chapter II

COLLECTION OF INFORMATION ON LABOR SUPPLY

Section 1

COLLECTION OF INFORMATION ON THE LABOR MARKET

Article 6. Subjects to be collected

The subjects to be collected are individuals aged 15 years or older who are actually residing at the location where information collection takes place.

Article 7. Content to be Collected

1. Content to be Collected

a) Surnames, middle names, and given names at birth; date of birth; gender; ethnicity; personal identification number.

b) Highest level of general education attained; vocational qualifications and field of study.

c) Main occupation currently held (name of occupation; job position; workplace (name, type, economic sector, address)).

d) Unemployment status (main occupation before unemployment; duration of unemployment).

đ) Reason for not participating in economic activities.

e) Training and employment needs.

2. When there is a change or error in the information content specified in Clause 1 of this Article, the agency, organization, or individual responsible for collecting the information shall update and correct it.

Article 8. Collection Process

1. Preparation for Collection

a) Survey on current information and data on labor supply.

b) Determine methods, time, and location of implementation.

c) Equipment and means of implementation.

d) Determine funding according to regulations.

đ) Notify relevant units and individuals to implement.

2. Implementation of Collection

a) Develop a form for collecting labor supply information based on local needs and ensuring minimum information as per Form No. 01 issued together with this Circular.

b) Conduct collection according to the developed form; handle arising issues, adjust and supplement the form if necessary.

c) Verify and confirm the information.

d) Input and reconcile the information into numerical format.

3. Submission and Use of Information and Data

a) Submit information and data (in numerical or paper form).

b) Update information and data onto the labor market information storage and consolidation system.

c) Prepare reports and statistics as prescribed.

4. The Department of Labor - Invalids and Social Affairs of provinces and centrally governed cities (hereinafter referred to as the Department of Labor - Invalids and Social Affairs) bases its plans and implementation of labor supply information collection and updates on the actual situation and information needs of the locality.

Section 2

INFORMATION COLLECTION ON LABOR DEMAND

Article 9. Subjects to be Collected

The subjects to be collected are employers as stipulated in Clause 2 of Article 3 of the Labor Code.

Article 10. Content to be Collected

1. Content to be Collected

a) Employment of workers by employers as stipulated in Clause 2 of Article 12 of the Labor Code.

b) Recruitment needs of employers.

2. When there is a change or error during the process of collecting information as specified in Clause 1 of this Article, the agency, organization, or individual responsible for collecting the information shall update and correct it.

Article 11. Collection Process

1. The process of collecting employment information of employers as stipulated in Point a, Clause 1 of Article 10 of this Circular is carried out in accordance with Article 4 of Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on working conditions and labor relations.

2. The process of collecting and updating recruitment needs information of employers as stipulated in Point b, Clause 1 of Article 10 of this Circular is implemented as follows:

a) Preparation for Collection

- Survey on current information and data on labor demand.

- Determine methods, time, and location of implementation.

- Equipment and means of implementation.

- Determine funding according to regulations.

- Notify relevant agencies, organizations, and individuals to implement.

b) Implementation of Collection

- Develop forms and conduct collection of recruitment needs information of employers based on local needs and ensure minimum information as per Form No. 02 issued together with this Circular; handle arising issues, adjust and supplement the form if necessary.

- Job Service Centers organize regular detailed collection and updating of recruitment information of employers according to Form No. 03a/PL01 issued together with Decree No. 23/2021/ND-CP dated March 19, 2021 of the Government detailing Clause 3 of Article 37 and Article 39 of the Employment Law on job service centers and enterprises engaged in employment services.

- Verify and confirm the information.

- Input and reconcile the information into numerical format.

c) Submission and Use of Information and Data of Employers

- Submit information and data (in numerical or paper form).

- Update information and data onto the system for storing and consolidating recruitment needs information of employers.

- Prepare reports and statistics as prescribed.

3. The Department of Labor - Invalids and Social Affairs bases its plans and implementation of labor demand information collection and updates on the actual situation and information needs of the locality regarding labor usage.

Section 3

INFORMATION COLLECTION ON FOREIGN WORKERS WORKING IN VIETNAM

 WORKING IN VIETNAM

Article 12. Subjects to be collected

The subjects to be collected are foreign workers working in Vietnam in accordance with the Labor Code.

Article 13. Content to be collected

1. Content to be Collected

a) Full name; date of birth; gender; nationality; passport number; work permit.

b) Professional qualifications and field of study.

c) Job position; job title; form of employment; type of enterprise or organization; work experience; professional certificate (if any).

d) Place and time of work.

2. When there is a change or error in the process of collecting information on foreign workers working in Vietnam as stipulated in Clause 1 of this Article, the agencies, organizations, and individuals responsible for collecting information shall update and correct the information.

Article 14. Implementation Procedure

From the system of information and data approving the demand for using foreign workers; foreign workers not requiring a work permit; issuing, reissuing, extending, and revoking work permits for foreign workers working in Vietnam in accordance with the laws on foreign workers working in Vietnam, the Department of Labor - Invalids and Social Affairs will collect and update information and data onto the system for storing and consolidating labor market information on foreign workers working in Vietnam. Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives promulgated together with this Circular.

In cases where foreign workers comply with the provisions of point a, Clause 1, Article 30 of Decree No. 152/2020/ND-CP dated December 30, 2020 of the Government regarding foreign workers working in Vietnam and recruiting and managing Vietnamese workers employed by foreign organizations and individuals in Vietnam, the Employment Agency will collect information according to Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives promulgated together with this Circular.

Chapter III

STORAGE AND CONSOLIDATION OF LABOR MARKET INFORMATION

Article 15. Storage of Labor Market Information

1. Agencies, organizations, and individuals assigned to collect labor market information are responsible for storing information and data in accordance with the laws on archiving and preserving files and documents in the activities of agencies and organizations.

2. Agencies assigned to manage labor market information data shall take measures to ensure safe storage of information and data, regularly inspect, and ensure electronic information security.

Article 16. System for Storing and Consolidating Labor Market Information

1. Units managing labor market information data shall build and operate an information system, digitize, establish databases to serve specialized management functions, storage, retrieval, provision, and regular updates of labor market information.

2. Basic requirements and functions of the system include:

a) Updating information.

b) Managing storage.

c) Management, preservation, provision, and utilization functions.

d) Publishing, searching, and finding.

đ) Statistics and reporting.

e) Connecting, integrating, and interlinking with related information systems.

g) Ensuring system performance and information security and safety.

3. The Department of Labor - Invalids and Social Affairs shall transfer local labor supply data to the Ministry of Labor - Invalids and Social Affairs for consolidation before December 15 each year; regularly update data on employers' recruitment needs and data on foreign workers working in Vietnam into the system for storing and consolidating labor market information.

Article 17. Connection and Sharing of Labor Market Information

1. The information updated and shared on the electronic portal of the Employment Agency includes:

a) Information and data on labor supply and demand, fluctuations in labor supply and demand in the labor market, employment status and trends.

b) Information and data on job positions for which employers have recruitment needs.

2. The labor market information system shall be connected and share information and data with the Ministry of Labor, Invalids and Social Affairs Online Service Portal, the National Online Service Portal, and other information systems and databases in accordance with the law.

Article 18. Reporting of Labor Market Information

The Department of Labor, Invalids and Social Affairs shall compile and report the labor market information of the locality according to Form number 04 the Circular accompanying this issuance to the People's Committee of the province/city directly under the central government (hereinafter referred to as the provincial-level People's Committee) and the Ministry of Labor, Invalids and Social Affairs before December 15 each year.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 19. Responsibilities of Information Providers

1. Workers shall be responsible for promptly and fully providing information about their labor situation and employment status to those directly collecting labor market information in the area or updating information into the standard forms (in digital or paper format).

2. Employers shall be responsible for providing and updating information about labor usage and recruitment needs to the competent authority or updating into the standard forms (in digital or paper format).

Article 20. Responsibilities of Labor Market Information Collectors

1. Implement the full collection process of information.

2. Safeguard and maintain confidentiality of related information and documents and bear responsibility for the accuracy and completeness of collected, updated, and reported data as prescribed.

Article 21. Responsibilities of Job Service Centers

1. Develop plans and organize the collection of labor market information within the assigned scope and responsibilities.

2. Organize the collection, updating, storage, and consolidation of employers' labor recruitment needs into the job vacancy database to connect supply and demand for labor.

3. Report on the work of collecting, storing, and consolidating labor market information within the scope of responsibility to the Department of Labor, Invalids and Social Affairs as stipulated in Article 18 of this Circular.

4. Develop plans and organize the collection and provision of other labor market information as directed by the competent authority.

Article 22. Responsibilities of the People's Committee at the provincial level

1. Implement the provisions of Clause 2, Article 25 of the Employment Law and direct the Department of Labor, Invalids and Social Affairs to implement:

a) Develop plans, schemes, and procedures for annual collection, storage, and consolidation of labor market information in the locality to meet the requirements of the National Digital Transformation Program, submit to the provincial-level People's Committee for approval and implementation.

b) Guide units to collect and update labor market information in accordance with Chapter II of this Circular.

c) Build and consolidate labor market information systems and disseminate them on the website/electronic portal of the provincial-level People's Committee and the Department of Labor, Invalids and Social Affairs.

d) Transfer local labor market data in accordance with Clause 3, Article 16 of this Circular.

đ) Apply information technology in the implementation of labor market information collection, storage, and consolidation.

e) Report on the work of collecting, storing, and consolidating labor market information as stipulated in Article 18 of this Circular.

g) Supervise and monitor the collection of labor market information in the locality.

2. Direct departments, sectors, and People's Committees at all levels

a) Coordinate with the Department of Labor, Invalids and Social Affairs to develop plans and organize the collection, storage, and consolidation of labor market information within their management scope.

b) Report on the work of collecting, storing, and consolidating labor market information to the Department of Labor, Invalids and Social Affairs as stipulated in Article 18 of this Circular.

Article 23. Responsibilities of units under the Ministry of Labor, Invalids and Social Affairs

1. The Employment Agency

a) Guide and support localities in collecting, storing, and summarizing labor market information.

b) Establish and manage a national system for storing and summarizing labor market information; maintain internet connectivity, store data on servers, ensure security and stable operation of the labor market information storage and summarization system.

c) Inspect and supervise the collection, storage, and summarization of labor market information by localities.

d) Summarize and report on the work of collecting, storing, and summarizing labor market information.

2. Information Center

a) Lead activities applying information technology in integrating data, organizing analysis, summarization, and publication of labor market information on the Ministry of Labor, Invalids and Social Affairs' electronic portal.

b) Coordinate with the Employment Agency and related units to implement activities for collecting and storing labor market information.

c) Guide the construction and ensure information security for the national system for storing and summarizing labor market information.

d) Develop data connection standards for the Labor, Invalids and Social Affairs sector as a basis for connecting, integrating, and linking labor market data with related information systems.

Article 24. Effective Date

1. This Circular takes effect from March 10, 2022.

2. Circular No. 27/2015/TT-BLDTBXH dated July 24, 2015, guiding the collection, storage, and summarization of labor market information issued by the Minister of Labor, Invalids and Social Affairs shall cease to be effective from the date this Circular takes effect.

3. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new amended, supplemented, or replaced documents.

4. During implementation, if there are any difficulties, relevant agencies, units, organizations, and individuals should promptly reflect them to the Ministry of Labor, Invalids and Social Affairs for research and appropriate amendments and supplements.