Decree No. 03/2014/ND-CP detailing the implementation of certain provisions of the Labor Code on employment

DECREE
Detailed Implementation of Certain Provisions of the Labor Code on Employment

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

Based on the Labor Code dated June 18, 2012;

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

The Government promulgates this Decree to provide detailed implementation of certain provisions of the Labor Code on employment.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed implementation of certain provisions of the Labor Code on additional employment targets; the National Employment Fund; local employment programs; and recruitment and management of labor.

Article 2. Applicability

1. Workers as defined in Clause 1, Article 3 of the Labor Code.

2. Employers as defined in Clause 2, Article 3 of the Labor Code.

3. Agencies, enterprises, organizations, and other individuals related to the contents stipulated in Article 1 of this Decree.

Chapter II
ADDITIONAL EMPLOYMENT TARGETS, NATIONAL EMPLOYMENT FUND, LOCAL EMPLOYMENT PROGRAMS

ADDITIONAL EMPLOYMENT TARGETS, NATIONAL EMPLOYMENT FUND, LOCAL EMPLOYMENT PROGRAMS

Article 3. Additional Employment Targets

1. The additional employment target prescribed in Clause 1, Article 12 of the Labor Code reflects the number of workers who have gained additional employment during the reporting period.

2. At all levels, People's Committees must develop and implement additional employment targets in their five-year socio-economic development programs, projects, and annual plans.

3. Responsibilities for reporting on the implementation of additional employment targets shall be carried out as follows:

a) Annually, the People's Committee of communes, wards, towns; the People's Committee of districts, cities under district-level administration, provincial-level cities shall aggregate the results of implementing additional employment targets at their respective localities and report to higher-level People's Committees.

b) Annually, the People's Committee of provinces, centrally-administered municipalities (hereinafter referred to collectively as provincial-level People's Committees) shall aggregate the results of implementing additional employment targets at their respective localities and report to the Ministry of Labor, Invalids and Social Affairs.

4. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Planning and Investment to guide, inspect, and report to the Government on the results of implementing additional employment targets every five years and annually.

Article 4. National Employment Fund

1. Sources forming the National Employment Fund include:

a) State budget;

b) Support from domestic and foreign organizations and individuals;

c) Other lawful sources.

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

a) Providing preferential loans to small and medium-sized enterprises, cooperatives, production cooperatives, individual businesses, and workers to support job creation, maintenance, and expansion;

b) Supporting enterprises facing difficulties due to economic downturns to prevent workers from losing their jobs;

c) Supporting the development of employment service organizations and the labor market information system.

3. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with relevant ministries and agencies to submit to the Prime Minister for approval the mechanism for managing and using the National Employment Fund.

4. Annually, the Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Planning and Investment and the Ministry of Finance to develop a plan to supplement the state budget for the National Employment Fund, to be submitted to the Prime Minister for decision.

Article 5. Local Employment Programs

1. Local employment programs as prescribed in Clause 1, Article 13 of the Labor Code include: Objectives, main tasks, target groups, scope of implementation, time frame, implementation organization, and mechanisms and policies for implementation.

2. Based on the socio-economic conditions of the locality in each period, the provincial-level People's Committee shall develop local employment programs, submit them to the same-level People's Council for decision, organize their implementation, and annually report the results to the Ministry of Labor, Invalids and Social Affairs.

Chapter III
RECRUITMENT AND MANAGEMENT OF WORKERS

Article 6. Recruitment of Workers

The recruitment of Vietnamese workers to work for Vietnamese employers; working in industrial zones, export processing zones, high-tech industrial zones, and economic zones (hereinafter referred to collectively as industrial zones) shall be governed as provided in Article 11 and Clause 2 of Article 168 of the Labor Code.

1. Employers have the right to directly recruit Vietnamese workers or through employment service organizations or labor leasing enterprises.

2. Workers have the right to directly contact employers or register with employment service organizations to seek employment.

Article 7. Procedures and Sequence for Recruitment of Workers

1. At least five working days before accepting applications for worker recruitment, employers or employment service organizations or labor leasing enterprises must publicly announce their recruitment needs. The announcement shall include:

a) Trade, job, professional qualifications, and number of positions needed;

b) Type of contract expected to be concluded;

c) Expected salary level;

d) Working conditions for each position.

2. The application dossier for worker recruitment by workers shall include the following documents:

a) A worker recruitment application form prescribed by the Ministry of Labor, Invalids, and Social Affairs;

b) Copies of certificates and diplomas proving technical professional qualifications; language and computer skills as required for the position;

c) Health certificate according to regulations of the Ministry of Health;

d) Other necessary documents as prescribed by law.

3. When receiving the application dossier for worker recruitment, employers or employment service organizations or labor leasing enterprises shall be responsible for managing the dossier and informing workers about the recruitment timeline.

4. Employers, employment service organizations, and labor leasing enterprises must publicly announce the recruitment results within five working days from the date of obtaining the recruitment results.

5. In cases where workers are not selected or do not participate in the recruitment process, employers or employment service organizations or labor leasing enterprises must return the complete application dossier for worker recruitment within five working days from the date the worker requests.

6. Employers shall bear the costs for recruitment activities and record them as production and business expenses, including:

a) Recruitment announcements;

b) Acceptance and management of worker recruitment application dossiers;

c) Organization of recruitment examinations;

d) Announcement of recruitment results.

In cases where recruitment is conducted through employment service organizations, employers must pay service fees for recruitment to employment service organizations as prescribed by law.

Article 8. Reports on Worker Utilization

1. Within thirty days from the start of operations, employers must report on worker utilization to the Department of Labor, Invalids, and Social Affairs or the Provincial Department of Labor, Invalids, and Social Affairs (for employers located in industrial zones) at their headquarters, branches, or representative offices.

2. Every six months and annually, employers must report changes in worker status to the Department of Labor, Invalids, and Social Affairs or the Provincial Department of Labor, Invalids, and Social Affairs (for employers located in industrial zones) at their headquarters, branches, or representative offices.

3. Every six months and annually, labor leasing enterprises must report the number of leased workers to the Provincial Department of Labor, Invalids, and Social Affairs at their headquarters, branches, or representative offices.

4. Every six months and annually, the Department of Labor, Invalids, and Social Affairs shall be responsible for compiling the situation of worker utilization and changes in worker status in local enterprises and reporting to the Provincial Department of Labor, Invalids, and Social Affairs.

5. Every six months and annually, the Provincial Department of Labor, Invalids, and Social Affairs shall be responsible for compiling the situation of worker utilization and changes in worker status in local enterprises and reporting to the Ministry of Labor, Invalids, and Social Affairs and the People's Committee of the province.

Article 9. Labor Management Number

The employer shall establish a labor management number and manage and use it in accordance with the regulations of the Ministry of Labor - Invalids and Social Affairs.

Chapter IV
IMPLEMENTING PROVISIONS

Article 10. Effective Date

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

2. Decree No. 39/2003/NĐ-CP dated April 18, 2003 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on employment ceases to be effective from the date this Decree takes effect.

Article 11. Responsibility for Implementation

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

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, and relevant agencies, enterprises, organizations, and individuals shall be responsible for implementing this Decree./.