Circular No. 15/2005/TT-BLDTBXH amends and supplements certain points of Circular No. 22/2003/TT-BLDTBXH and Circular No. 05/2004/TT-BLDTBXH. The main contents include provisions on training programs for workers going to work abroad, authority to handle violations in labor export activities, and conditions for confirming the time of death of those who have rendered meritorious service to the revolution.
适用范围
The Overseas Labor Management Department under the Ministry of Labor, Invalids and Social Affairs, labor export enterprises, commune, ward, town people's committees, and management agencies prior to the death of those who have rendered meritorious service.
要点
- The Overseas Labor Management Department issues unified documents and guides enterprises to implement orientation training programs for workers going to work abroad.
- The Ministry of Labor, Invalids and Social Affairs has the authority to temporarily suspend labor export activities from one to six months, decide to suspend operations, or revoke the license for labor export activities.
- This circular supplements the requirement to confirm the time of death of those who have rendered meritorious service to the revolution with a death certificate or confirmation letter from the commune, ward people's committee, or management agency prior to death.
🌐 本文件的社会影响
- Positive impact: Strengthening management and supervision of labor export activities, protecting workers' rights. The requirement to confirm the time of death of those who have rendered meritorious service helps ensure accuracy in receiving one-time allowances.
- Negative impact: It may increase costs for labor export enterprises and social management agencies when implementing new regulations.
❓ 常见问题
What responsibilities does the Overseas Labor Management Department have?
The Overseas Labor Management Department issues unified documents and guides enterprises to implement orientation training programs for workers going to work abroad (Article 1, Point 2.1 Section V).
What authorities does the Ministry of Labor, Invalids and Social Affairs have in labor export activities?
The Minister of Labor, Invalids and Social Affairs has the authority to temporarily suspend labor export activities from one to six months, decide to suspend operations, or revoke the license for labor export activities (Article 2, Point 2.1.b Section VII).
Where should the confirmation of the time of death of those who have rendered meritorious service to the revolution be confirmed with a death certificate or confirmation letter?
The confirmation of the time of death of those who have rendered meritorious service to the revolution should be confirmed with a death certificate or confirmation letter from the commune, ward people's committee, or management agency prior to death (Article 3, Subpoint c Point 1 Section IV).
When does this circular take effect?
This circular takes effect fifteen days after its publication in the Official Gazette (Article 4).
What must labor export enterprises comply with according to this circular?
Labor export enterprises must comply with regulations on orientation training programs for workers going to work abroad and cooperate with the Overseas Labor Management Department in implementing new requirements (Article 1).
全文
CIRCULAR
Amending and supplementing some points of Circular No. 22/2003/TT-BLDTBXH dated October 13, 2003guiding on Vietnamese workers working abroad and Circular No.
05/2004/TT-BLDTBXH dated March 12, 2004 guiding on the one-time allowance systemfor relatives of those who have rendered meritorious services to the revolution and died before January 1, 1995.
___________________________________________
The Ministry of Labor, Invalids, and Social Affairs guides amending and supplementing some points of Circular No. 22/2003/TT-BLDTBXH dated October 13, 2003 guiding the implementation of certain provisions of Decree No. 81/2003/NĐ-CP dated July 17, 2003 of the Government detailing and guiding the implementation of the Labor Code regarding Vietnamese workers working abroad (hereinafter referred to as Circular No. 22/2003/TT-BLDTBXH) and Circular No. 05/2004/TT-BLDTBXH dated August 12, 2004 guiding the implementation of Decree No. 59/2003/NĐ-CP on the one-time allowance system for relatives of those who have rendered meritorious services to the revolution and died before January 1, 1995 (hereinafter referred to as Circular No. 05/2004/TT-BLDTBXH) as follows:
I. AMENDING CIRCULAR NO. 22/2003/TT-BLDTBXH
1. Amend Point 2.1 of Section V as follows:
"2.1. The Ministry of Labor, Invalids, and Social Affairs shall stipulate the training program and content for orientation education for workers going to work abroad; and assign the Department of Overseas Labor Management to issue uniform materials and guide labor export enterprises to implement them."
2. Amend Point 2.1.b of Section VII as follows:
"b) Authority to handle violations:
b.1) The Director of the Department of Overseas Labor Management has the authority to temporarily suspend the implementation of contracts;
b.2) The Minister of Labor, Invalids, and Social Affairs decides to suspend labor export activities for one to six months; decides to suspend labor export activities; decides to revoke the Labor Export Activity Permit according to Clause 1, Article 11 of Decree No. 81/2003/NĐ-CP dated July 17, 2003 of the Government detailing and guiding the implementation of the Labor Code regarding Vietnamese workers working abroad."
II. AMENDING AND SUPPLEMENTING CIRCULAR NO. 05/2004/TT-BLDTBXH
1. Amend the last paragraph of item b of Point 1 of Section IV of the Circular as follows:
"... The copies mentioned above must be certified by the People's Committee of communes, wards, towns (collectively referred to as commune level)..."
2. Supplement item c of Point 1 of Section IV of the Circular as follows:
"c) Death certificate or confirmation letter from the People's Committee of communes, wards, or managing agencies (before death) regarding the time of death of the person who rendered meritorious services."
III. IMPLEMENTATION PROVISIONS
This Circular shall take effect fifteen days after its publication in the Official Gazette.
During the implementation process, if there are any difficulties, please report to the Ministry of Labor, Invalids, and Social Affairs for timely consideration and resolution./.
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