Circular No. 18/2018/TT-BLDTBXH amends and supplements certain provisions of related Circulars concerning administrative procedures within the scope of the State management functions of the Ministry of Labor, Invalids and Social Affairs.

CIRCULAR

Amending and supplementing certain articles of circulars issued within the authority of the Minister of National Defense

relating to administrative procedures within the scope of functions

of state management of the Ministry of Labor, Invalids and Social Affairs

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and implementing measures of the Law on Legislative Regulatory Documents;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control; Decree No. 48/2013/NĐ-CP dated May 14, 2013 and Decree No. 92/2017/NĐ-CP dated August 7, 2017 of the Government amending and supplementing certain articles of related decrees on administrative procedure control;

At the request of the Director of the Legal Department,

The Minister of Labor, Invalids and Social Affairs issues this Circular to amend and supplement certain articles of related circulars concerning administrative procedures within the scope of functions of state management of the Ministry of Labor, Invalids and Social Affairs.

Article 1. Amending and supplementing Circular No. 26/2012/TT-BLDTBXH dated November 12, 2012 of the Minister of Labor, Invalids and Social Affairs guiding certain articles of Decree No. 28/2012/NĐ-CP dated April 10, 2012 of the Government detailing and guiding the implementation of certain articles of the Law on Persons with Disabilities

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:

"Article 3. Documents, procedures, and process for recognizing production and business establishments employing 30% or more of their total workforce as persons with disabilities entitled to benefits

1. The application dossier for recognizing production and business establishments employing 30% or more of their total workforce as persons with disabilities shall include:

a) A request letter from the production and business establishment specifying the total number of current employees and the number of employees who are persons with disabilities;

b) A copy of the decision establishing the organization or a copy of the operating permit of the establishment;

c) A list of employees who are persons with disabilities and copies of disability confirmation certificates of those listed;

d) Copies of labor contracts or recruitment decisions for employees who are persons with disabilities currently employed.

"2. Implementation procedures:"

a) Production and business establishments employing 30% or more of their total workforce as persons with disabilities shall prepare one set of dossier in accordance with Clause 1 of this Article and submit it (directly or via postal service) to the Department of Labor, Invalids and Social Affairs;

b) Within ten working days from the date of receipt of the complete dossier as prescribed, the Department of Labor, Invalids and Social Affairs shall be responsible for reviewing and deciding to recognize the production and business establishment employing 30% or more of its total workforce as persons with disabilities, or send a notification to the production and business establishment explaining the reasons for non-recognition.

3. When a production and business establishment does not employ 30% or more of its total workforce as persons with disabilities, the representative of the production and business establishment shall promptly report to the Department of Labor, Invalids and Social Affairs, which shall immediately decide to revoke the recognition of the production and business establishment employing 30% or more of its total workforce as persons with disabilities.

4. Annually, the Department of Labor, Invalids and Social Affairs shall be responsible for inspecting and supervising production and business establishments employing 30% or more of their total workforce as persons with disabilities; if the establishment does not meet the conditions, the decision to recognize issued shall be revoked and handled according to the provisions of the law."

2. Amending and supplementing Model No. 05 issued together with Circular No. 26/2012/TT-BLDTBXH dated November 12, 2012 by Appendix I issued together with this Circular.

1. Amending and supplementing Point d Clause 1 Article 11 as follows:

“d) Electing the chairman of the school council and the secretary of the school council. The election of the chairman and the secretary of the school council shall be conducted by secret ballot. The minutes of the meeting, the minutes of the vote counting, and the ballots for electing the chairman and the secretary of the school council shall be kept at the school;”.

2. Amending and supplementing Point d Clause 1 Article 13 as follows:

“d) Electing the chairman of the board of directors and the secretary of the board of directors. The election of the chairman and the secretary of the board of directors shall be conducted by secret ballot. The minutes of the meeting, the minutes of the vote counting, and the ballots for electing the chairman and the secretary of the board of directors shall be kept at the school;”.

3. Amending Article 16 as follows:

"Article 16. Procedures for appointing the principal of public secondary vocational schools

1. The dossier, procedure, and process for appointing the principal of public secondary vocational schools shall be carried out in accordance with the provisions of the law.

2. The authority to appoint the principal of public secondary vocational schools shall be implemented in accordance with the provisions of Point a Clause 4 Article 14 of the Law on Vocational Education."

4. Amending Clause 3 Article 18 as follows:

“3. The dossier for requesting the dismissal or removal from office of the principal of public secondary vocational schools shall be carried out in accordance with the provisions of the law.

The dossier shall be sent directly or through postal service to the competent authority for appointment as provided in Point a Clause 4 Article 14 of the Law on Vocational Education.”

5. Abolishing Point d, Point đ Clause 3 Article 11; Point c, Point d Clause 3 Article 13; Article 14; Point c Clause 2 Article 17 and Clause 4 Article 18.

6. Correcting the numbering of Clause 3 following Clause 3 Article 48 to Clause 4 Article 48.

Article 3. Amending, supplementing, and abolishing certain contents of Circular No. 46/2016/TT-BLDTBXH dated December 28, 2016, issued by the Minister of Labor, War Invalids, and Social Affairs regarding the Charter of Higher Vocational Colleges.

1. Amending and supplementing Point d Clause 1 Article 11 as follows:

“d) Electing the chairman of the school council and the secretary of the school council. The election of the chairman and the secretary of the school council shall be conducted by secret ballot. The minutes of the meeting, the minutes of the vote counting, and the ballots for electing the chairman and the secretary of the school council shall be kept at the school;”.

2. Amending and supplementing Point d Clause 1 Article 13 as follows:

“d) Electing the chairman of the board of directors and the secretary of the board of directors. The election of the chairman and the secretary of the board of directors shall be conducted by secret ballot. The minutes of the meeting, the minutes of the vote counting, and the ballots for electing the chairman and the secretary of the board of directors shall be kept at the school;”.

3. Amending Article 16 as follows:

"Article 16. Procedures for appointing the principal of public higher vocational colleges

1. The dossier, procedure, and process for appointing the principal of public higher vocational colleges shall be carried out in accordance with the provisions of the law.

2. The authority to appoint the principal of public higher vocational colleges shall be implemented in accordance with the provisions of Point a Clause 4 Article 14 of the Law on Vocational Education."

4. Amending Clause 3 Article 18 as follows:

"3. The dossier for requesting the dismissal or removal from office of the principal of public higher vocational colleges shall be carried out in accordance with the provisions of the law.

The dossier shall be sent directly or through postal service to the competent authority for appointment as provided in Point a Clause 4 Article 14 of the Law on Vocational Education.”

5. Abolishing Point d, Point đ Clause 3 Article 11; Point c, Point d Clause 3 Article 13; Article 14; Point c Clause 2 Article 17 and Clause 4 Article 18.

6. Correcting the numbering of Clause 3 following Clause 3 Article 48 to Clause 4 Article 48.

Article 4. Amending and abolishing certain contents of Joint Circular No. 12/2016/TTLT-BLDTBXH-BGDĐT-BTC dated June 16, 2016, issued by the Ministers of Labor, War Invalids, and Social Affairs, Ministry of Education and Training, and Ministry of Finance guiding the implementation of the residential policy stipulated in Decision No. 53/2015/QĐ-TTg dated October 20, 2015, of the Prime Minister on the residential policy for students studying at higher vocational colleges and secondary vocational schools.

1. Amending and supplementing Appendices II, III, IV, and V promulgated together with Joint Circular No. 12/2016/TTLT-BLDTBXH-BGDĐT-BTC by Appendix II on the forms related to the residential policy for students studying at higher vocational colleges and secondary vocational schools promulgated together with this Circular.

2. Abolishing Point b Clause 2 Article 4.

Article 5. Amending, supplementing, and abolishing certain contents of Circular No. 57/2015/TT-BLDTBXH dated December 25, 2015 of the Minister of Labor, Invalids, and Social Affairs on the Charter of vocational education centers.

1. Amend Clause 1 of Article 10 as follows:

"1. Procedures for appointing directors of public vocational education centers

a) The dossier, procedures, and processes for appointing directors of public vocational education centers shall be implemented in accordance with the provisions of the law.

b) The authority to appoint directors of public vocational education centers shall be carried out in accordance with point a, Clause 4, Article 13 of the Vocational Education Law."

2. Amend Point b of Clause 3 of Article 10 as follows:

“b) The dossier for removing the director of a public vocational education center shall be implemented in accordance with the provisions of the law.

The dossier shall be sent directly or through postal service to the competent authority for appointment as stipulated in point a, Clause 4, Article 13 of the Vocational Education Law.”

3. Abolish the phrase “and private vocational education centers operating not for profit” at point b, Clause 1, Article 4.

4. Abolish Clause 2, Article 4 and Section 2, Chapter II.

Article 6. Abolish Circular No. 23/2013/TT-BLDTBXH dated October 16, 2013 of the Minister of Labor, Invalids, and Social Affairs guiding certain provisions on cooperation and investment from foreign countries in the vocational training sector under Decree No. 73/2012/NĐ-CP dated September 26, 2012 of the Government on cooperation and investment from foreign countries in the education sector.

Article 7. Amend Article 12 of Circular No. 16/2014/TT-BLDTBXH dated July 30, 2014 of the Minister of Labor, Invalids, and Social Affairs guiding certain contents regarding confirmation and implementation of preferential policies for persons who have rendered meritorious services to the revolution as specified in Decree No. 31/2013/NĐ-CP dated April 9, 2013 of the Government detailing and guiding the implementation of certain provisions of the Preferential Treatment Ordinance for Persons Who Have Rendered Meritorious Services to the Revolution.

Amend the name Article 12 as follows: “Article 12. Dossier and procedures for implementing one-time allowances for relatives of those engaged in anti-war activities who were awarded medals and commendations and died before January 1, 1995 without having enjoyed preferential treatment.”

Article 8. Amending and supplementing Clause 4, Section II of Joint Circular No. 17/2007/TTLT-BLDTBXH-NHNNVN dated September 4, 2007 of the Minister of Labor, Invalids, and Social Affairs and the Governor of the State Bank of Vietnam on detailed regulations on the management and use of business deposit funds and laborers' deposit funds going abroad under contracts.

Amend and supplement Clause 4, Section II as follows:

“4. Procedures and dossier for closing deposit accounts

4.1. Within seven days from the date of receiving complete valid dossiers, the Department of Overseas Labor Management or the Provincial Department of Labor, Invalids, and Social Affairs shall issue a letter requesting the commercial bank where the business has deposited to close the deposit account for the business.

a) The dossier for requesting closure for businesses that do not meet the conditions to obtain a license; businesses returning their licenses or businesses whose licenses have been revoked for sending workers abroad, including the following documents:

- One original copy of the letter requesting closure of the deposit account sent to the Department of Overseas Labor Management;

- One original copy of the report on the completion of all obligations towards workers under contracts to send workers abroad;

- One certificate confirming full contributions to the overseas employment support fund.

b) The dossier for requesting closure for businesses sending workers abroad for advanced skill training programs, including the following documents:

- One original copy of the letter requesting closure of the deposit account sent to the Department of Overseas Labor Management (for contracts sending workers abroad for advanced skill training programs lasting 90 days or more) or the Provincial Department of Labor, Invalids, and Social Affairs where the business is headquartered (for contracts sending workers abroad for advanced skill training programs lasting less than 90 days).

- One original copy of the report on the completion of all obligations towards workers under contracts to send workers abroad.

4.2. The commercial bank where the business has deposited (hereinafter referred to as the bank) shall refund the deposit and close the account for the business after receiving:

a) One original copy of the letter from the Department of Overseas Labor Management sent to the business and the bank notifying that the business does not meet the conditions to obtain a license for the service of sending workers abroad;

b) One original copy of the letter from the Department of Overseas Labor Management requesting the bank to close the deposit account for businesses that do not meet the conditions to obtain a license; businesses returning their licenses or businesses whose licenses have been revoked for sending workers abroad;

c) One original copy of the letter from the Department of Overseas Labor Management or the Provincial Department of Labor, Invalids, and Social Affairs requesting the bank to close the deposit account for businesses sending workers abroad for advanced skill training programs.”

Article 9. Amending, supplementing, and abolishing certain provisions of Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016, issued by the Minister of Labor, Invalids, and Social Affairs guiding the implementation of certain provisions of Decree No. 11/2016/NĐ-CP dated February 3, 2016, of the Government detailing the implementation of certain provisions of the Labor Code regarding foreign labor working in Vietnam.

1. Abolish the phrase "recovery of work permit and confirmation of recovery of work permit" in Article 3.

2. Supplement Point e Clause 1 of Article 3 as follows:

"e) An employer specified in Point a Clause 2 of Article 2 of Decree No. 11/2016/NĐ-CP having its main office in a province or centrally-run city but having representative offices and branches in other provinces or centrally-run cities."

3. Supplement Point d Clause 2 of Article 3 as follows:

"d) An employer specified in Point a Clause 2 of Article 2 of Decree No. 11/2016/NĐ-CP having its main office in a province or centrally-run city but having representative offices and branches in other provinces or centrally-run cities."

4. Supplement Clause 3 of Article 3 as follows:

"3. An employer specified in Point a Clause 2 of Article 2 of Decree No. 11/2016/NĐ-CP having its main office in a province or centrally-run city but having representative offices and branches in other provinces or centrally-run cities must uniformly report on the need for foreign labor; issue and reissue work permits; confirm non-eligibility for work permit issuance to the Department of Labor, Invalids, and Social Affairs or the Ministry of Labor, Invalids, and Social Affairs."

5. Amend and supplement Clause 1 of Article 4 as follows:

"1. At least 30 days before the date of intended use of foreign workers, the employer (except contractors) shall submit a report explaining the need for foreign workers according to Model No. 1 of Appendix III attached to this Circular to the Ministry of Labor, Invalids, and Social Affairs or the People's Committee of the province (hereinafter referred to as the approving authority).

In case there is a change in the need for foreign workers, the employer shall submit a report explaining the change according to Model No. 2 of Appendix III attached to this Circular to the approving authority at least 30 days before the date of intended use of foreign workers."

6. Amend and supplement the name of Chapter II as follows:

"Chapter II. Issuing and Reissuing Work Permits."

7. Abolish Clause 2 of Article 7.

8. Amend and supplement Article 12 as follows:

"Article 12. Notification of Expiry of Work Permit

In cases where the work permit expires as stipulated in Clause 3 of Article 174 of the Labor Code, the competent authority issuing the work permit shall notify the employer in writing about the expiry of the work permit. For cases where the work permit expires as stipulated in Clauses 2, 4, 5, 7, and 8 of Article 174 of the Labor Code, the employer has the responsibility to notify the authority that issued the work permit in writing."

9. Amend and supplement Models No. 1, No. 2, No. 3, No. 8, No. 9, No. 12, and No. 15 with Appendix III on forms related to foreign labor working in Vietnam attached to this Circular.

Article 10. Transitional Provisions

Applications for administrative procedures that have been accepted by the administrative procedure implementing agency but not yet resolved before the effective date of this Circular shall be implemented according to the provisions of this Circular.

Article 11. Implementation Provisions

1. This Circular takes effect from December 18, 2018.

2. During the implementation process, if there are difficulties, please promptly reflect them to the Ministry of Labor, Invalids, and Social Affairs for research and appropriate amendments and supplements./.