Circular No. 17/LDTT on improving the recruitment of labor for state-owned sectors and the training of technical workers.

CIRCULAR

CIRCULAR NO. 17/LĐ-TT OF THE MINISTRY OF LABOR DATED SEPTEMBER 25, 1976
ON IMPROVING ONE STEP THE RECRUITMENT OF WORKERS INTO STATE SECTORS AND THE ENROLLMENT FOR TECHNICIAN TRAINING
IMPLEMENTATION OF RESOLUTION NO. 19-CP OF THE COUNCIL OF STATE DATED JANUARY 29, 1976 ON REVIVING ORGANIZATIONAL PRODUCTION, BRINGING ECONOMIC MANAGEMENT INTO ORDER, AND IMPROVING ONE STEP; DECREE NO. 24/CP OF THE COUNCIL OF STATE DATED FEBRUARY 2, 1976 ON THE TASKS, RIGHTS, AND RESPONSIBILITIES OF THE STATE ADMINISTRATION AT THE PROVINCE LEVEL IN THE FIELD OF ECONOMIC MANAGEMENT; DIRECTIVE NO. 159-TTg OF THE PRIME MINISTER DATED APRIL 14, 1976 ON COMBATING BUREAUCRATIC PAPERWORK, ARBITRARINESS, AND REDUCING BURDENS ON THE PEOPLE; DECREE NO. 24/CP OF THE COUNCIL OF STATE DATED MARCH 13, 1963 ON THE REGULATIONS FOR RECRUITMENT AND DISMISSAL OF STATE WORKERS AND OFFICIALS; DECREE NO. 99/CP OF THE COUNCIL OF STATE DATED MAY 19, 1973 ON THE DIRECTION FOR PROVIDING LABOR TO ECONOMIC SECTORS... WHILE AWAITING THE COUNCIL OF STATE TO ISSUE NEW REGULATIONS ON RECRUITMENT AND ENROLLMENT, AFTER CONSULTING WITH RELATED SECTORS AND SOME LOCALITIES, THE MINISTRY OF LABOR GUIDES CERTAIN MATTERS NECESSARY TO IMPROVE ONE STEP THE WORK OF ALLOCATING AND COORDINATING LABOR SUPPLY AND RECRUITING WORKERS INTO STATE SECTORS, ENROLLING STUDENTS FOR TECHNICIAN TRAINING, SERVING THE LABOR AND PRODUCTION MOVEMENT WELL, MEETING TIMELY THE REQUIREMENTS OF IMPROVING ECONOMIC MANAGEMENT AND ENTERPRISE MANAGEMENT.

Implementing the Resolution of the Council of Ministers No. 19-CP dated January 29, 1976 on rectifying production organization, bringing economic management into a regular pattern, and improving it in one step; the Decree of the Council of Ministers No. 24/CP dated February 2, 1976 stipulating the tasks, powers, and responsibilities of state administrative authorities at the provincial level in the field of economic management; the Directive of the Prime Minister No. 159-TTg dated April 14, 1976 on combating bureaucratic paperwork, favoritism, and reducing unnecessary burdens on the people; the Decree No. 24/CP dated March 13, 1963 of the Council of Ministers promulgating regulations on recruitment and dismissal of state employees; the Decree No. 99/CP dated May 19, 1973 of the Council of Ministers on directions for providing labor to various economic sectors... While awaiting the issuance of new regulations by the Council of Ministers on recruitment and admission; after soliciting opinions from relevant sectors and some localities, the Ministry of Labor guides certain necessary matters aimed at improving one step further the work of budget allocation, labor force coordination, and recruitment into the state sector, training technical workers, serving well the labor production movement, promptly meeting the requirements of improving economic management and enterprise management.

1- When drafting the labor and salary plan, enterprises, construction sites, farms, forestry farms, stores (referred to collectively as enterprises) and vocational technical worker training schools (referred to as vocational schools) under central management must prepare supplementary labor plans and vocational training enrollment plans for the planning year and submit them to the competent ministry and the provincial or municipal labor department where the enterprise or school is located, no later than November of the reporting year, in accordance with the Prime Minister's Directive No. 149-TTg dated April 17, 1961 on preparing plans for vocational technical worker training and consolidating supplementary manpower plans.

After the competent ministry officially approves the labor and salary plan and the vocational training plan for the planning year, within one month, the enterprises and vocational schools must immediately send these plans to the provincial or municipal labor department where the enterprise or school is located, along with a request for labor recruitment or student enrollment.

The provincial or municipal labor departments have the responsibility to consolidate the supplementary labor and student enrollment plans submitted by enterprises and vocational schools under central management located in their areas; they actively participate with the provincial or municipal planning agencies in balancing the human resources needed for mobilization during the planning year. Thereafter, based on the guidance of the Ministry of Labor regarding standards, recruitment policies, and regions, they draft specific allocation plans, submit them for approval by the provincial or municipal People's Committee, and assign tasks to the districts, communes, and wards for implementation, without waiting for allocation by the Ministry of Labor.

Provinces and cities should prioritize allocating a sufficient number of qualified workers to meet long-term recruitment needs and vocational school enrollment requirements near enterprises or accompanying production activities, serving the production plans of centrally located enterprises.

Large recruitment and enrollment demands for key projects of the central government and vocational schools directly managed by ministries and general departments responsible for training workers for multiple industries and regions will still be allocated by the Ministry of Labor.

Even if allocated by the Ministry of Labor, if adjustments can be made between enterprises within the same industry from surplus to deficit areas, the higher-level management agency of the enterprise (ministry, general department, general corporation, enterprise association...) should inform the provincial or municipal labor department and make the adjustment themselves, without going through the Ministry of Labor. Subsequently, the ministries and general departments should report to the Ministry of Labor and the Ministry of Food and Foodstuffs.

For demands for time-limited contractual labor recruitment, localities should organize动员当地劳动力提供服务。对于一些有技术工种（如木工、泥瓦工、油漆工、石灰工等）的劳动力，如果地方已经尽力动员但仍然不足，则劳动部门应介绍企业联系邻近省份进行招聘，无需通过劳动部。解决后，输出劳动力的地方劳动部门应及时向劳动部报告。

While implementing the above recruitment targets, if the production plan is adjusted downward or there is a mismatch in materials, funds, then the enterprise must promptly reduce the recruitment target and salary corresponding to the adjusted plan and promptly report to the provincial or municipal labor department to adjust the recruitment demand.

In cases where an enterprise is assigned additional production and business tasks by its superior management agency that exceed the initial annual plan, or to prepare for the implementation of the next year's plan, additional recruitment or vocational training of technical workers is required, the competent ministry must propose to the Government to supplement the labor and salary quotas, but must ensure the average labor productivity level of each employee approved by the State.

2- The enterprise director and the principal of vocational schools are fully responsible for labor recruitment and student enrollment, ensuring the production and technical requirements of the enterprise and the training requirements of the school.

Enterprises and vocational schools need to closely cooperate with localities to effectively organize labor recruitment and student enrollment, fully implement contracts signed with local authorities, properly prepare organizational structures for production and labor, ensure necessary living conditions for workers and students, especially food and accommodation, to ensure that workers and students are at ease in production, study, and work.

3- To build a workforce with multiple generations of workers in certain industries such as mines, metallurgy, machinery, basic construction, and gradually rationalize the living conditions of workers' families, enterprises located in midland and mountainous provinces, upon agreement with the Labor Department where the enterprise is situated, have the right to recruit a reasonable proportion of wives (or husbands), children, and younger brothers/sisters of the enterprise's workers for work or apprenticeship, but must ensure labor standards and national service policies and report the results to the district or ward labor department where the recruited individuals reside, to monitor labor mobility and include them in the central labor supply quota, and send a list to the local Labor Department where the enterprise is located for monitoring.

For financial management units, property, materials, and units requiring strict labor discipline where employees may abuse their positions, relatives shall not be assigned to work together (in accordance with the spirit of Article 5 of the Recruitment and Dismissal Regulations for State Workers issued along with Decision No. 24/CP dated March 13, 1963 of the Council of Ministers).

4- Pursuant to Directive No. 149-TTg dated April 17, 1964 of the Prime Minister, within one month after the Council of Ministers approves the labor plan and wage fund, relevant Ministries and production management sectors must submit to the Ministry of Labor the approved labor plan and wage fund for each enterprise and the training plan for technical workers of each affiliated school. At the same time, they must compile additional long-term and fixed-term contract labor plans for enterprises and vocational student recruitment plans for schools and send four copies to the Ministry of Labor according to the attached model (which has been simplified compared to the old model).

After comparing these plans with the approved labor and wage plans and provincial allocations, the Ministry of Labor will certify and return one copy to the relevant Ministries and General Departments, while sending copies to the Ministry of Food and the Ministry of Internal Trade to address the provision of food, technology goods, and labor protection equipment for newly recruited personnel in the planned year.

To serve production well and ensure a unified management system for state recruitment and enrollment, Ministries and enterprises need to establish appropriate standards for each profession; the Ministry of Labor will coordinate with relevant sectors to issue model standards for recruitment and vocational training enrollment.

5- When recruiting labor, sectors and localities must fully comply with state policies and regulations. They should actively utilize existing potential labor in enterprises, adjusting labor from surplus areas to shortage areas.

Priority policies must be implemented for disabled veterans capable of working, military personnel who have completed their duties, and young volunteers whose terms of service have ended.

For tasks that require a specific period or seasonal work, and enterprises with unstable production tasks, the form of fixed-term contracts (output-based contracts, product-based contracts, task-based contracts, daily contracts, or two/three-month contracts...) should be widely applied according to Circular No. 184-TTg dated July 16, 1974 of the Prime Minister, Circular No. 2-LĐ-TT dated January 30, 1975, and No. 16-LĐ-TT dated August 25, 1976 of the Ministry of Labor.

Only recruit permanent staff who have been trained at state technical and vocational schools. In the next three to five years, generally, do not recruit members of craft cooperatives into the state sector to solve employment for demobilized soldiers, war invalids, and those without jobs, and to stabilize labor in craft cooperatives.

When recruiting labor or enrolling students, it is necessary to utilize non-agricultural labor, primarily labor in cities, towns, and townships; at the same time, implement policies reasonably distributing and using female and ethnic minority labor.

6- Ministries and levels must strictly enforce state labor recruitment and enrollment principles and procedures, without causing inconvenience to the public.

For large demands for labor and students, local labor agencies must publicly announce (broadcasting, posting in public places, publishing in local newspapers) requirements, standards, recruitment and enrollment procedures, application deadlines, etc., so that the public can be informed. The labor agency must discuss with the Youth Union to actively mobilize local youth to respond positively.

Within one month, enterprises, agencies, and schools must report the results to job seekers or vocational training applicants. If they are not hired, they must immediately return the application and inform the applicant of the reasons, allowing the applicant to seek employment elsewhere.

7- According to Resolution No. 99/CP dated May 19, 1973 and Decree No. 24/CP dated February 2, 1976 of the Council of Ministers, People's Committees of provinces and centrally-administered cities have the responsibility to organize recruitment and ensure labor for economic establishments directly managed by Ministries located within their territories.

Central cities and plain provinces, in addition to ensuring labor needs for central enterprises and vocational schools located in their areas, also have the responsibility to meet central labor requirements in other places according to the government's dispatch plan index and specific allocation by the Ministry of Labor.

Labor Departments and district labor offices need to fulfill their responsibilities in assisting People's Committees to complete the above tasks, proactively participate in manpower planning and balancing on their territorial land, organize forces to ensure state requirements, perform inspection, supervision, and urge enterprises and vocational schools to fully comply with state recruitment and enrollment principles, policies, and procedures, promptly identify and propose solutions to the People's Committee and the Ministry of Labor for issues needing resolution.

8- This Circular takes effect immediately during the period of building the 1977 plan.

Point 2, Part II of Circular No. 15-LĐ/TT dated August 10, 1961, and Point 2, Part II of Circular No. 2 LĐ/TT dated January 30, 1975, issued by the Ministry of Labor, which are contrary to this Circular, are hereby abolished.

Ministries, agencies equivalent to ministries, agencies under the Council of Ministers, and People's Committees of centrally-administered cities shall base this Circular to guide localities, enterprises, and vocational schools in implementation.