Joint Circular No. 07/2004/TTLT-BLDTBXH-BNG guiding the implementation of certain Articles and Clauses under Decree No. 183/CP dated November 18, 1994 of the Government detailing the implementation of the Ordinance on agencies representing the Socialist Republic of Vietnam abroad in the field of labor, war invalids, and social affairs.

JOINT CIRCULAR

Guidelines for Implementing Certain Articles and Clauses of Decree No. 183/CP dated November 18, 1994 of the Government detailing the implementation of the Ordinance on agencies representing the Socialist Republic of Vietnam abroad in the field of labour, invalids, and social affairs

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To implement Articles 134, 135, 135a, and Article 184 of the Labour Code amended and supplemented in 2002, Articles 7, 9, 10, and 23 of the Ordinance on agencies representing the Socialist Republic of Vietnam, and Articles 4, 5, 7, 12, 15, and 20 of Decree No. 183/CP dated November 18, 1994 of the Government detailing the implementation of the aforementioned Ordinance, the Joint Circular of the Ministry of Labour - Invalids and Social Affairs and the Ministry of Foreign Affairs guides agencies representing the Socialist Republic of Vietnam (hereinafter referred to as representative agencies) and Vietnamese Labour Management Boards abroad to implement as follows:

I. NAME

The current Vietnamese Labour Management Boards and Labour Management Units under representative agencies shall be uniformly named as the Labour and Expert Management Board of the Embassy of the Socialist Republic of Vietnam (hereinafter referred to as the Labour Management Board). The English name for transactions is LABOUR MANAGEMENT SECTION OF THE EMBASSY OF S.R. VIETNAM (where there is no embassy, it shall be called according to the name of the representative agency).

II. DUTIES AND LIMITATIONS:

1. Carry out tasks assigned by the state management agency for overseas labour export and the head of the representative agency.

2. Study and understand the market, demand for labour, policies, and methods of accepting foreign labour in the host country to propose to the Overseas Labour Management Department, Ministry of Labour - Invalids and Social Affairs regarding guidelines, policies, and solutions for sending Vietnamese workers to work abroad along with suitable management models.

3. Guide Vietnamese enterprises to access the market and sign contracts in accordance with Vietnamese law and the laws of the receiving country.

4. Review the conditions and feasibility of contracts for accepting Vietnamese workers; review the legal status, permits for accepting foreign workers of the counterpart.

5. Guide, inspect Vietnamese enterprises' representatives abroad, handle issues arising from the supply and acceptance of workers and resolve disputes; implement measures to protect the legitimate rights and interests of workers and enterprises; report to the head of the representative agency, the Director of the Overseas Labour Management Department, and the Minister of Labour - Invalids and Social Affairs for guidance in cases exceeding authority.

6. Propose measures to promote the development of relations and implement cooperative activities with the host country in the fields of labour and social affairs; regularly report on the situation, progress, and results of cooperation in the field of labour with the partner country according to the directives of the Overseas Labour Management Department and the Ministry of Labour - Invalids and Social Affairs through the representative agency.

7. Build friendly, cooperative, and mutually trusting relationships with units within the representative agency and relevant agencies of the host country.

8. Based on the characteristics of work in each area and specific guidance from the Overseas Labour Management Department, prepare an annual budget for operational expenses to fulfill assigned tasks and report final accounts to the Overseas Labour Management Department.

III. WORKING REGIME AND ORGANIZATIONAL STRUCTURE:

1. The Labour Management Board is directly and continuously guided on political external affairs and internal management by the head of the representative agency, while also being guided on professional and specialized matters by the Overseas Labour Management Department, Ministry of Labour - Invalids and Social Affairs. The Head of the Labour Management Board is responsible for informing the head of the representative agency about the policies and directives of the Ministry of Labour - Invalids and Social Affairs, seeking opinions on programs, plans, policies, and reporting on the results of implementation, while also seeking support from the representative agency to complete assigned tasks. In urgent situations requiring handling of matters within the specialized field, if the domestic specialized agency has a different opinion from that of the head of the representative agency but has not yet had time to exchange and reach consensus, the Labour Management Board shall implement the decision of the head of the representative agency; the head of the representative agency must immediately report to the Minister of Foreign Affairs and the head of the domestic specialized agency.

2. The Labour Management Board may include diplomatic officials from Counsellor to Minister-Counsellor level and some specialists. The appointment of diplomatic positions is based on the needs of the working area, the capabilities, and the quality of cadres.

In key areas, the Head of the Labour Management Board can be appointed as a cadre at the Bureau or Department level, a senior specialist who is considered and appointed to the position of Minister-Counsellor by the Minister of Foreign Affairs. Cadres appointed as Heads of Labour Management Boards must have good political qualities and morals, hold a bachelor's degree or higher, understand the policies and directions for development of the labour, invalids, and social affairs sector, know the host country, grasp the bilateral cooperation relationship, have the ability to independently handle tasks, be proficient in the local language or at least one commonly used foreign language in the host country, understand diplomatic regulations, and have good communication skills.

Special cases outside the above criteria will be decided by the leaders of both Ministries.

3. The Labour Management Board shall have its own seal and bank account in accordance with current State regulations. The Head of the Labour Management Board is responsible for managing personnel, material infrastructure, finance, and documents in accordance with current State regulations.

4. The Labour Management Board uses its own operational funds in accordance with government regulations.

IV. APPOINTMENT AND RELOCATION OF STAFF TO WORK AT THE LABOUR MANAGEMENT BOARD

1. The Ministry of Labour - Invalids and Social Affairs, based on the staffing quota approved by the Prime Minister and the standards stipulated in Article 5 of Decree No. 183/CP dated November 18, 1994 of the Government, selects and decides on specific personnel to be introduced to the Ministry of Foreign Affairs.

After receiving the list of recommendations, the Ministry of Foreign Affairs has the responsibility to organize the examination according to current standards, and decide on the appointment of diplomatic positions for officials assigned to work at the Labor Management Board under the representative office.

The diplomatic position for officials assigned to work at the Labor Management Board shall be decided by the Minister of Foreign Affairs based on the proposal of the Minister of Labor, Invalids, and Social Affairs, work requirements, and the capabilities and qualities of the officials, in accordance with the Ordinance on Diplomatic Representative Offices of the Socialist Republic of Vietnam Abroad.

2. The term of service for officials of the Labor Management Board is three years.

In special cases, due to work requirements, based on the opinion of the Minister of Labor, Invalids, and Social Affairs, the Minister of Foreign Affairs decides to extend the term of service for officials of the Labor Management Board after consulting the head of the representative office. The extension period shall not exceed eighteen months. Officials whose terms are extended shall enjoy living allowances, clothing subsidies, and other benefits prescribed by the State in accordance with the extended period.

V. IMPLEMENTATION

This Circular takes effect fifteen days from the date of publication in the Official Gazette.

During the implementation of this Circular, if there are any difficulties, representative offices must report to the Ministry of Foreign Affairs and the Ministry of Labor, Invalids, and Social Affairs for coordination in resolving them.