Circular No. 16/2015/TT-BLDTBXH guiding the implementation of certain Articles of Decree No. 75/2014/NĐ-CP dated July 28, 2014 of the Government detailing the implementation of certain provisions of the Labor Code on the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 75/2014/NĐ-CP dated July 28, 2014 of the Government detailing the implementation of certain provisions of the Labor Code on the recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam

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. 75/2014/NĐ-CP dated July 28, 2014 of the Government detailing the implementation of certain provisions of the Labor Code on the recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam (hereinafter referred to as Decree No. 75/2014/NĐ-CP);

At the proposal of the Director of the Employment Department,

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the implementation of certain provisions of Decree No. 75/2014/NĐ-CP dated July 28, 2014 of the Government detailing the implementation of certain provisions of the Labor Code on the recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam.

Article 1. Scope of Regulation

This Circular guides the delegation or authorization of the recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam; the application form for labor recruitment; and periodic reports on the situation of recruitment, utilization, and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam as prescribed in Decree No. 75/2014/NĐ-CP.

Article 2. Applicability

The objects subject to this Circular are those specified in Article 2 of Decree No. 75/2014/NĐ-CP.

Article 3. Delegation or Authorization of Recruitment and Management of Vietnamese Workers Employed by Foreign Organizations and Individuals in Vietnam

1. The Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social Affairs, and the People's Committees of provinces and centrally governed cities shall issue Decisions delegating or authorizing the recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam to organizations with authority to recruit and manage Vietnamese workers employed by foreign organizations and individuals according to Clause 1 of Article 4 of Decree No. 75/2014/NĐ-CP (hereinafter referred to as organizations with authority to recruit and manage Vietnamese workers).

2. Within twenty days from the date the Decision stipulated in Clause 1 of this Article takes effect, the Ministry of Foreign Affairs and the People's Committees of provinces and centrally governed cities shall send one original copy of the Decision to the Ministry of Labor, Invalids and Social Affairs.

3. Within thirty days from the date the Decision stipulated in Clause 1 of this Article takes effect, organizations with authority to recruit and manage Vietnamese workers must post at their headquarters, branches, representative offices, and announce through mass media the address, telephone number, functions, and tasks delegated or authorized.

Article 4. Application Form for Labor Recruitment

The application form for labor recruitment stipulated in Clause 1 of Article 5 of Decree No. 75/2014/NĐ-CP shall be implemented according to Model No. 01 attached hereto.

Article 5. Periodic Reports on the Situation of Recruitment, Utilization, and Management of Vietnamese Workers

1. Before June 10 and December 10 each year, foreign organizations and individuals in Vietnam shall report every six months and annually on the situation of recruitment and utilization of Vietnamese workers employed by foreign organizations and individuals in Vietnam according to Model No. 02 attached hereto and submit the report as follows:

a) Foreign organizations and individuals in Vietnam stipulated in Points a, b, c, and d of Clause 2 of Article 2 of Decree No. 75/2014/NĐ-CP shall submit the report to organizations with authority to recruit and manage Vietnamese workers delegated or authorized by the Ministry of Foreign Affairs;

b) Foreign organizations and individuals in Vietnam stipulated in Point e of Clause 2 of Article 2 of Decree No. 75/2014/NĐ-CP shall submit the report to the Employment Service Center established by the Minister of Labor, Invalids and Social Affairs or the Chairman of the People's Committee of a province or centrally governed city and delegated or authorized to recruit and manage Vietnamese workers employed by foreign organizations and individuals in Vietnam located in the locality.

2. Before June 15 and December 15 each year, organizations with authority to recruit and manage Vietnamese workers shall report every six months and annually on the situation of recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam according to Model No. 03 attached hereto and submit the report as follows:

a) Organizations delegated or authorized by the Ministry of Foreign Affairs shall report to the Ministry of Foreign Affairs;

b) Employment Service Centers established by the Minister of Labor, Invalids and Social Affairs shall report to the Ministry of Labor, Invalids and Social Affairs and the Department of Labor, Invalids and Social Affairs where the center's main office is located;

c) Employment Service Centers established by the Chairman of the People's Committee of a province or centrally governed city shall report to the Department of Labor, Invalids and Social Affairs.

3. Before June 20 and December 20 each year, the Ministry of Foreign Affairs and the People's Committees of provinces and centrally governed cities shall send the Ministry of Labor, Invalids and Social Affairs reports every six months and annually on the situation of recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam under their jurisdiction according to Model No. 03 attached hereto.

Article 6. Effectiveness

1. This Circular takes effect from June 6, 2015.

2. Circular No. 09/1999/TT-BLDTBXH dated March 15, 1999 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 85/1998/NĐ-CP dated October 20, 1998 of the Government on the selection, utilization, and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam ceases to be effective from the date this Circular takes effect.

Article 7. Responsibility for Implementation

Organizations with authority to recruit and manage Vietnamese workers employed by foreign organizations and individuals, Departments of Labor, Invalids and Social Affairs, foreign organizations and individuals in Vietnam, and related agencies, organizations, and individuals are 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./.