Circular No. 07/2015/TT-BLDTBXH detailing the implementation of certain provisions of Government Decree No. 196/2013/NĐ-CP dated November 21, 2013 on the establishment and operation of Employment Service Centers and Government Decree No. 52/2014/NĐ-CP dated May 23, 2014 on conditions and procedures for issuing licenses for employment service activities of enterprises engaged in employment services.

CIRCULAR

Implementing detailed provisions of certain articles of N |||Decree number 196/2013/CP- dated October 20, 2015 of November 21, 2013 of Cgovernment establishing and operating Tjob service centers and N |||Decree number 52/2014/CP- dated October 20, 2015 of May 23 2014 of Cthe Government prescribing conditions and procedures for issuing licenses to operate job services for enterprises engaged in job services

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Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 196/2013/ND-CP dated November 21, 2013 of the Government prescribing the establishment and operation of Job Service Centers (hereinafter referred to as Decree No. 196/2013/ND-CP);

Pursuant to Decree No. 52/2014/ND-CP dated May 23, 2014 of the Government prescribing conditions and procedures for issuing licenses to operate job services for enterprises engaged in job services (hereinafter referred to as Decree No. 52/2014/ND-CP);

Considering the proposal of the Director of the Employment Department,

The Minister of Labor, Invalids and Social Affairs issues this Circular detailing the implementation of certain provisions of Decree No. 196/2013/ND-CP dated November 21, 2013 of the Government prescribing the establishment and operation of Job Service Centers and Decree No. 52/2014/ND-CP dated May 23, 2014 of the Government prescribing conditions and procedures for issuing licenses to operate job services for enterprises engaged in job services.

Article 1. Scope of Regulation

This Circular provides guidance on the following matters:

1. Job service contracts, management of job service activities, and periodic reports on job service activity situations as prescribed in Decree No. 196/2013/ND-CP and Decree No. 52/2014/ND-CP.

2. Operation regulations of Job Service Centers as prescribed in Decree No. 196/2013/ND-CP.

Article 2. Applicability

1. Job Service Centers as prescribed in Article 2 of Decree No. 196/2013/ND-CP.

2. Enterprises engaged in job services as prescribed in Article 2 of Decree No. 52/2014/ND-CP.

3. Agencies, organizations, and individuals related to the detailed implementation of certain provisions of Decree No. 196/2013/ND-CP and Decree No. 52/2014/ND-CP.

Article 3. Job Service Contracts

1. Job Service Centers shall conclude job service contracts in accordance with Clause 1, Article 7 of Decree No. 196/2013/ND-CP, and enterprises engaged in job services shall conclude job service contracts in accordance with Clause 1, Article 4 of Decree No. 52/2014/ND-CP. Job service contracts must ensure the following contents: names and contact addresses of the parties; value of the contract and payment methods; specific details of the job services provided (quantity, quality...); methods of implementing the contract; rights and obligations of the parties in performing the services; responsibilities for breach of contract; dispute resolution, and other relevant contents (if any).

2. For job service contracts involving the introduction or supply of labor, in addition to ensuring the contents stipulated in Clause 1 of this Article, there must be provisions regarding the responsibility for monitoring the employment status of workers introduced or supplied by Job Service Centers or enterprises engaged in job services during the period when the workers perform seasonal labor contracts, fixed-term labor contracts for a specific task with a duration of less than 12 months, and for fixed-term labor contracts with a duration of 12 months or more, monitor the employment status of workers for a period of 12 months.

Article 4. Rules on the operation of the Employment Service Center

The rules on the operation of the Employment Service Center stipulated in Clause 2, Article 8 of Decree No. 196/2013/ND-CP shall be guided as follows:

1. The contents of the rules on the operation of the Employment Service Center include: position, functions, and tasks of the center; organizational structure; functions and tasks of departments; principles of employment service activities; working hours; procedures for providing services; responsibility for building and managing labor market databases; coordination work regulations; communication information, setting up monitoring forms for the center's employment service activities.

2. The head of the agency or organization directly managing the Employment Service Center shall sign to promulgate the rules on the operation of the Employment Service Center.

3. The rules on the operation of the Employment Service Center shall be publicly posted at the headquarters of the Employment Service Center.

4. The Director of the Employment Service Center shall be responsible for organizing and implementing the rules on the operation of the Employment Service Center.

Article 5. Management of employment service activities

1. The Employment Service Center shall accept registration for consulting, job-seeking registration, or labor introduction or supply according to the provisions of Clause 1, Clause 2, and Clause 4 of Article 5 of Decree No. 196/2013/ND-CP using Forms 01, 01a, 01b, 01c, and 01d issued together with this Circular.

2. The Employment Service Center and enterprises engaged in employment service activities shall monitor the employment status of workers introduced or supplied by the Employment Service Center and enterprises engaged in employment service activities according to the provisions of Clause 6 of Article 8 of Decree No. 196/2013/ND-CP and Clause 3 of Article 5 of Decree No. 52/2014/ND-CP using Form 02 issued together with this Circular.

Article 6. Periodic reports on the situation of employment service activities

1. Before June 15 and December 15 each year, the Employment Service Center shall submit periodic six-monthly and annual reports on the situation of employment service activities according to Form 03 issued together with this Circular to the Department of Labor, Invalids, and Social Affairs of the province or centrally-administered city (hereinafter referred to as the Department of Labor, Invalids, and Social Affairs) and the agency or organization directly managing the Employment Service Center.

2. Before June 15 and December 15 each year, enterprises engaged in employment service activities shall submit periodic six-monthly and annual reports on the situation of employment service activities, including detailed information about the employment service activities of each branch (if any) according to Form 04 issued together with this Circular to the Department of Labor, Invalids, and Social Affairs.

Branches of enterprises engaged in employment service activities shall report to the Department of Labor, Invalids, and Social Affairs where the branch is located on the situation of employment service activities according to Form 04 issued together with this Circular.

3. Before June 20 and December 20 each year, the Department of Labor, Invalids, and Social Affairs shall submit periodic six-monthly and annual reports on the situation of employment service activities in the locality according to Form 05 issued together with this Circular to the People's Committee of the province or centrally-administered city for reporting to the Ministry of Labor, Invalids, and Social Affairs.

Article 7. Effective Date

1. This Circular takes effect from April 10, 2015.

2. Circular No. 20/2005/TT-LĐTBXH dated June 22, 2005, of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of certain articles of Decree No. 19/2005/ND-CP dated February 28, 2005, of the Government on conditions, procedures for establishment, and operation of job placement organizations, and Circular No. 27/2008/TT-LĐTBXH dated November 20, 2008, of the Ministry of Labor, Invalids, and Social Affairs amending and supplementing Circular No. 20/2005/TT-LĐTBXH dated June 22, 2005, of the Government on conditions, procedures for establishment, and operation of job placement organizations, and Decree No. 71/2008/ND-CP dated June 5, 2008, of the Government amending and supplementing certain articles of Decree No. 19/2005/ND-CP cease to be effective from the date this Circular takes effect.

Article 8. Responsibility for Implementation

The Department of Labor, Invalids, and Social Affairs and related agencies, organizations, individuals, and enterprises shall be responsible for implementing this Circular. 

Any difficulties encountered during implementation should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.