Circular No. 10/LDTBXH-TT guiding the issuance, management, and use of labor books

CIRCULAR

Circular No. 10/LDTBXH-TT dated May 22, 1996 issued by the Ministry of Labor, Invalids and Social Affairs guiding additional issuance, management, and use of labor books

Implementing Article 15 of the Labor Contract Ordinance dated August 30, 1990 of the State Council, the Ministry of Labor, Invalids and Social Affairs has promulgated Circular No. 18/LDTBXH-TT dated May 31, 1994 on the issuance, management, and use of labor books. To date, this Circular remains consistent with practice and does not conflict with Articles 6, 183, and 196 of the Labor Code, except for some points that the Ministry of Labor, Invalids and Social Affairs supplements as follows:

I. OBJECTS AND SCOPE OF LABOR BOOK ISSUANCE:

The objects and scope of labor book issuance shall be implemented according to point a, Clause 2, Section I of Circular No. 18/LDTBXH-TT dated May 31, 1994, now supplemented as follows:

- Vietnamese citizens at least 15 years old, capable of working, who enter into written labor contracts with a duration of three months or more;

- Children under 15 years old working in certain occupations and tasks as prescribed by the Ministry of Labor, Invalids and Social Affairs.

II. MANAGEMENT, USE, AND PROCEDURES FOR LABOR BOOK ISSUANCE:

Management, use, and procedures for labor book issuance shall be implemented according to Section II of Circular No. 18/LDBTXH-TT dated May 31, 1994, now supplemented as follows:

1. Preparation of labor book issuance files:

Preparing files for labor book issuance is a very complex and time-consuming task. Therefore, to facilitate the declaration process for labor book issuance, enterprises must prepare complete files of workers, while informing workers to prepare their personal files for comparison and declaration of labor book issuance. In cases where worker files are missing, lacking necessary documents, or require verification, enterprises must undertake the following actions:

- For files lacking documents that workers can supplement, enterprises should request workers to supplement them immediately. If verification exceeds the capability of the workers, enterprises must organize verification for the workers.

- For files missing documents in cases where enterprises have explained, there must be confirmation (in writing) from the immediate superior authority of the unit.

2. Monitoring and managing labor books of workers who need to transfer to another province or transferring from another province according to point c, Clause 1, Section II of Circular No. 18/LDBTXH-TT dated May 31, 1994, now supplemented as follows:

- Regarding the procedure: Enterprises must notify and submit the labor books of workers with transfer decisions to the Department of Labor, Invalids and Social Affairs. Based on this, the Department of Labor, Invalids and Social Affairs will review and confirm on page 32 of the labor book. Specifically, for provinces and cities with extensive operating areas, if concentrating at the Department would be inconvenient for enterprises, the Department of Labor, Invalids and Social Affairs may delegate districts and counties to directly receive enterprise requests, then consolidate and report to the Department of Labor, Invalids and Social Affairs for resolution.

3. Registration for labor book issuance.

Registration for labor book issuance shall be carried out according to point a, Clause 2, Section II of Circular No. 18/LDTBXH-TT dated May 31, 1994, now supplemented as follows:

- According to the principle, labor books are issued based on the locality; units located in which area register for labor book issuance in that locality. Therefore, for member units of General Companies, companies, Associations of Enterprises, etc., which operate across a wide area including multiple provinces or nationwide, the authorized director of the member unit (by written authorization) signing labor contracts with workers has the authority to register for labor book issuance with the localities.

- After signing labor contracts with workers, enterprises must proceed with labor book issuance procedures for workers (if they do not already have a labor book) within thirty days from the official signing date of the labor contract.

4. Recording labor books and labor book issuance declarations:

a. Recording labor books: Part "work history":

- Record the work history of workers including: Time worked under "establishment"; time worked under labor contracts with a duration of one year or more (before January 1, 1995); time worked under labor contracts with a duration of three months or more (from January 1, 1995 onwards); time served in the People's Armed Forces; time spent studying as dispatched by the unit.

- Recording wages in the labor book serves as a basis for calculating various benefits for workers such as severance pay, unemployment benefits, job loss compensation; simultaneously, it is a basis for evaluating the development of workers during their employment period. Therefore, recording wages in the labor book must accurately reflect basic salaries and wage allowances (if any) that workers have received during their employment period.

b. Recording "Labor Book Issuance Declaration," part "Benefits Already Enjoyed":

All benefits enjoyed by workers up to the time of labor book issuance declaration must be fully and accurately recorded. The method of recording this section is specified on page 4 of the declaration, now requiring attention to the following recording methods:

- Column "Time": clearly record the number of years and months the worker has enjoyed.

- Column "Amount": record the amount of money the worker has enjoyed.

- Column "Paying Unit": record the name of the unit or agency responsible for implementing the benefit or policy for the worker.

In cases where workers have enjoyed benefits two or more times, record the total time and amount enjoyed; name the units or agencies that have implemented the benefit or policy for the worker.

5. Labor books issued to workers according to Article 183 of the Labor Code and Clause 2 of Article 19 of Decree 72/CP dated October 31, 1995 are used for certain purposes as stipulated in Clause 1, Section I of Circular No. 18/LDTBXH-TT dated May 31, 1994, and the following purposes:

- As a basis for resolving issues related to termination of employment, unemployment, job loss...

- An important document in the application file for employment of workers;

- A tool for managing social labor.

To fulfill the above requirements, the issuance of labor books must ensure the principle of issuing to the correct subjects, recording fully and accurately according to the prescribed procedures and formalities for issuing labor books stipulated in Circular No. 18/LDTBXH-TT dated May 31, 1994, and this Circular.

III. IMPLEMENTATION

To implement the issuance of labor books in accordance with the provisions of Circular No. 18/LDTBXH-TT dated May 31, 1994, and this Circular, the Departments of Labor, Invalids, and Social Affairs of provinces and cities must perform the following tasks:

1. Organize inspections and evaluations of the implementation of this work step by step, thereby drawing necessary conclusions, experiences, and proposing effective measures for its organization and implementation;

2. Direct, urge, and guide enterprises on the procedures and methods of issuing labor books according to the prescribed procedures set forth in Circular No. 18/LDTBXH-TT dated May 31, 1994;

3. Implement periodic reporting systems according to the models attached to Circular No. 18/LDTBXH-TT dated May 31, 1994;

4. In the process of organizing the issuance of labor books, if there are any difficulties or unclear issues, report them to the Ministry of Labor, Invalids, and Social Affairs (Department of Labor Policy and Employment) for research and resolution.