Decree No. 19/2005/ND-CP on Conditions and Procedures for Establishing and Operating Employment Introduction Organizations

DECREE OF THE GOVERNMENT

Specifies conditions and procedures for establishment and operation
of job introduction organizations

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Labor Code on June 23, 1994; Law Amending and Supplementing Certain Articles of the Labor Code on April 2, 2002;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. This Decree stipulates the conditions and procedures for establishing and operating job introduction organizations.

Article 2. Job introduction organizations as prescribed in Article 18 of the Labor Code which has been amended and supplemented include:

1. Job introduction centers.

2. Enterprises engaged in job introduction activities.

Article 3. Job introduction centers (hereinafter referred to collectively as Centers) are self-financing public service units that partially cover their regular operational costs according to current regulations; they are social activity organizations established by state agencies or political-social organizations, possessing legal personality, seals, and bank accounts at commercial banks or State Treasury.

Article 4. Enterprises engaged in job introduction activities (hereinafter referred to collectively as enterprises) are businesses established under the Law on Enterprises, the Law on State-Owned Enterprises, and operate job introduction activities as prescribed in this Decree.

PART II
CONDITIONS, PROCEDURES FOR ESTABLISHING AND OPERATING
OF JOB INTRODUCTION CENTERS

Article 5. Conditions and procedures for establishing Centers:

1. Conditions for establishing Centers:

Centers shall be established when meeting all of the following conditions:

a) Having a stable location and office suitable for transactions and operations, located in a convenient place with sufficient area;

b) Must have equipment and means appropriate to each task as prescribed by the Ministry of Labor - War Invalids and Social Affairs;

c) Must have at least five (5) staff members with a college degree or higher in economics, law, foreign languages; the Center's staff must have clear backgrounds, good moral character, and no criminal records;

d) The establishment of the Center must be consistent with the job introduction center planning scheme approved by the local authority.

2. Procedures for establishing Centers:

a) Documents for establishing Centers:

- A letter from the agency proposing the establishment of the Center sent to the competent authority;

- An establishment project for the Center, including the necessity, objectives, specific tasks, and ensuring conditions for establishment and operation as prescribed in this Decree; the feasibility of the project.

For Centers under the management of the People's Committee of provinces or centrally governed cities (hereinafter referred to collectively as provincial-level People's Committees), the establishment project of the Center must have written agreement from the Department of Labor - War Invalids and Social Affairs, the Department of Planning and Investment, the Department of Finance, and the Department of Home Affairs.

For job introduction centers under the management of ministries, sectors, or central agencies of political-social organizations, there must be a written approval from the provincial-level People's Committee where the Center will be established and operated.

- Relevant documents and papers proving the fulfillment of conditions for establishing the Center.

b) Receiving and examining the establishment documents of the Center, approving the establishment of the Center:

- The Department of Labor - War Invalids and Social Affairs of the province or centrally governed city is responsible for receiving and examining the establishment documents of the Center and submitting them to the Chairman of the provincial-level People's Committee for decision on establishing Centers under its management or approving the establishment of Centers of ministries, sectors, and political-social organizations within its jurisdiction.

- The reception and examination of establishment documents of ministries, sectors, and political-social organizations shall be carried out according to the regulations of those ministries, sectors, and organizations.

c) Authority to establish Centers:

- The Chairman of the provincial-level People's Committee decides on the establishment of Centers under his/her management upon the proposal of the Department of Labor - War Invalids and Social Affairs;

- The head of the central agency of a political-social organization decides on the establishment of Centers under the management of that political-social organization according to its regulations, after obtaining written approval from the Chairman of the provincial-level People's Committee where the Center will be established and operated;

- The Minister, the head of a ministry-level agency, or the head of a government agency decides on the establishment of Centers under their management, after obtaining written approval from the Chairman of the provincial-level People's Committee where the Center will be established and operated.

d) Time limit for considering and deciding on the establishment of Centers:

Within fifteen days from the date of receipt of valid establishment documents, the competent authority shall issue a decision on establishing the Center and send a copy to the Ministry of Labor - War Invalids and Social Affairs. In case of not deciding to establish the Center, a written response with reasons must be provided.

e) The person issuing the establishment decision has the right to issue decisions to dissolve or terminate the operations of the Center; when issuing such decisions, a copy must be sent to the Ministry of Labor - War Invalids and Social Affairs.

Article 6. Job introduction centers as prescribed in this Decree must use a unified name "Job Introduction Center," followed by the name of the locality, the name of the ministry or sector, the name of the political-social organization, or the name of the target group served.

Article 7. Tasks of the Center:

1. Providing advice on employment, vocational training, and labor-related policies as prescribed by labor laws.

2. Introducing jobs to workers; supplying and recruiting labor according to the requirements of employers.

3. Collecting, analyzing, and providing information about the labor market, including: demand for labor recruitment, need for employment, labor standards, wages, and remuneration in the operational area and nationwide.

4. Being authorized to organize vocational training as prescribed by law.

In addition to the above tasks, the Center shall perform other tasks as prescribed by law.

Article 8. Organizational structure of the Center:

1. Leadership of the Center:

The Center has a Director and several Deputy Directors. The Director is the head of the Center, accountable to the superior authority and the law for all activities of the Center. The Deputy Directors assist the Director in one or more areas assigned by the Director and are accountable to the Director for the results of the assigned work.

The appointment and removal of the Director of the Center shall be decided by the person authorized to establish the Center. The appointment and removal of the Deputy Director of the Center shall be decided by the head of the directly superior administrative agency.

2. The Director's assisting organizations:

The Center shall have specialized rooms to carry out tasks as stipulated in this Decree. Based on the volume of work, nature, and specific characteristics of its activities, the person authorized to establish the Center shall determine the number and names of specialized rooms, but not exceeding four (4) rooms. Each room shall have a Head and several Deputy Heads; the appointment and removal of the Heads and Deputy Heads shall be carried out according to the分级管理干部的规定。根据规则要求，直接翻译如下：

3. The staffing of the Center:

Based on the volume of work, nature, and specific characteristics of the Center's activities, the person authorized to establish the Center shall determine the number of staff positions for the Center and allocate regular operating funds for non-revenue generating activities of the Center.

The recruitment, utilization, and management of cadres and civil servants of the Center shall be carried out in accordance with the provisions of Government Decree No. 116/2003/NĐ-CP dated October 10, 2003, on the recruitment, utilization, and management of cadres and civil servants in state-run units; the Director of the Center shall enter into labor contracts based on the needs of the job and the financial capacity of the Center in accordance with the Labor Code.

Personnel working at the Center for job placement shall be classified and paid according to the salary scale for professional and technical staff in state agencies as stipulated in Government Decree No. 204/2004/NĐ-CP dated December 14, 2004, concerning the wage system for cadres, civil servants, public officials, and armed forces personnel. Leadership positions in the Center shall apply leadership position allowances equivalent to those of district-level agencies and similar organizations as stipulated in Government Decree No. 204/2004/NĐ-CP dated December 14, 2004.

Financial systems, salaries, wages, social insurance, health insurance, training, and upgrading professional qualifications shall be implemented in accordance with the current regulations on financial systems for revenue-generating public service units.

Article 9. The rights of the Center:

1. Recruitment, utilization, and management of cadres and civil servants in accordance with the provisions of Government Decree No. 116/2003/NĐ-CP dated October 10, 2003, concerning the recruitment, utilization, and management of cadres and civil servants in state-run units; recruitment of labor and entering into labor contracts in accordance with the Labor Code.

2. Signing contracts for labor supply, job placement, and vocational training.

3. Exploiting information about labor, employment, and vocational training from state agencies, enterprises, and organizations.

4. Requesting employers to provide information about the employment status of workers introduced or supplied by the Center.

5. Collecting fees for job placement services (including counseling, introduction, labor supply, and provision of labor-employment information) and tuition fees in accordance with the law.

6. Independently managing and utilizing financial resources in accordance with the current regulations on financial systems for revenue-generating public service units and being exempted or granted tax reductions in accordance with the current tax laws.

Article 10. The responsibilities of the Center:

1. Adhering to all relevant legal provisions related to the organization and operation of the Center.

2. Developing annual plans and implementing them in accordance with the approved plans by superiors.

3. Providing benefits to cadres and employees working at the Center through employment contracts and labor contracts in accordance with the law.

4. Fully performing all concluded contracts and commitments with workers, employers, trainees, and counselees.

Cadres, civil servants, and employees working under labor contracts or employment contracts of the Center must wear uniform badges and attire when working.

5. Maintaining records to monitor the Center's activities in accordance with the regulations of the Ministry of Labor, Invalids, and Social Affairs.

6. Monitoring the employment status of workers introduced or supplied by the Center for one year (for cases where labor contracts last twelve months or more) or during the duration of the labor contract (for cases where labor contracts last less than twelve months).

Within thirty days from the date of establishment, the Center must announce on local newspapers or central newspapers for five consecutive issues the name, location, field of activity, bank account, director's name, and telephone number of the Center.

At least fifteen days before the start of operations, the Center has the responsibility to notify in writing the provincial Department of Labor, Invalids, and Social Affairs about the start date and field of activity.

At the Center's headquarters, there must be a signboard displaying the Center's name, telephone number, and address. If foreign languages are necessary, the font size of the foreign language must be smaller than that of Vietnamese and placed below the Vietnamese text. The Center must display a diagram of the working departments and publicly post a certified copy of the decision establishing the Center at the headquarters.

Before July 5th and January 5th each year, the Center has the responsibility to report semi-annually and annually to the provincial Department of Labor, Invalids, and Social Affairs where the main office is located and to the Ministries, ministerial-level agencies, government agencies, and political-social organizations (for Centers managed by Ministries, ministerial-level agencies, government agencies, and political-social organizations) in accordance with the regulations of the Ministry of Labor, Invalids, and Social Affairs.

CHAPTER III
CONDITIONS, PROCEDURES AND AUTHORITY TO ISSUE LICENSES
FOR BUSINESS ACTIVITY OF JOB INTRODUCTION FOR ENTERPRISES

Article 11. The license for job introduction business activity issued to enterprises

The license for job introduction business activity (hereinafter referred to as the license) shall be issued by the Department of Labor, Invalids and Social Affairs to enterprises established legally in accordance with the Law on Enterprises or the Law on State-Owned Enterprises and meeting all conditions stipulated in this Decree. The form of the license is prescribed by the Ministry of Labor, Invalids and Social Affairs.

Article 12. Conditions for issuing the license:

An enterprise shall be granted a license when it meets all of the following conditions:

1. Having a stable location and office situated in a convenient place and having sufficient area for transactions and business activities. If the office is rented, it must be stable for at least thirty-six months.

2. Having rooms for consulting activities, rooms for job introduction and labor supply activities, rooms for labor market information activities, and being equipped with computers, telephones, Fax, E-mail, and other relevant materials related to the labor market and other equipment to serve customers.

3. Having a minimum of three hundred million Vietnamese dong deposited in a bank to address risks and compensation that may occur during the course of operations.

4. Having at least five (5) staff members with a college degree or higher in economics, law, foreign languages, with clear backgrounds, good moral character, and no criminal record.

Article 13. Application documents for issuing the license:

1. A request for issuance of a job introduction business activity license according to the form prescribed by the Ministry of Labor, Invalids and Social Affairs.

2. A copy of the business registration certificate of the enterprise (certified true copy).

3. Relevant documents and papers proving that the enterprise meets the conditions for issuing the license as stipulated in Article 12 of this Decree.

Article 14. Duration of the license

The license issued to an enterprise has a validity period of thirty-six (36) months, and each subsequent renewal period shall not exceed thirty-six (36) months.

Article 15. Procedure for issuing the license

1. The enterprise is responsible for submitting the application documents for the license to the local Department of Labor, Invalids and Social Affairs.

2. Within fifteen (15) days from the date of receipt of a valid application for the license, the Department of Labor, Invalids and Social Affairs is responsible for issuing the license to the enterprise. In case the license is not issued to the enterprise, a written response must be provided with a clear explanation of the reasons.

Article 16. Revocation of the license

1. An enterprise violating any of the following provisions will have its license revoked:

a) Violating the business activities listed in the license or failing to meet the conditions stipulated in Article 12 of this Decree;

b) Engaging in fraudulent or deceptive acts against workers, enterprises, or other organizations as determined by competent state authorities;

c) Failing to fulfill the obligations of the enterprise as prescribed by law;

d) Failing to comply with reporting requirements to the local labor management authority continuously for at least one (1) calendar year;

đ) Being administratively punished for violating labor laws three (3) times in a year or one (1) act being punished three (3) times;

e) Not operating within six (6) months from the date of issuance of the license;

g) Ceasing operations.

2. The Department of Labor, Invalids and Social Affairs is responsible for revoking the licenses of enterprises violating these provisions.

Article 17. Job introduction activities of enterprises

1. Providing advice on employment, vocational training, and labor-related policies as prescribed by labor laws.

2. Introducing jobs to workers, supplying and recruiting labor based on the requirements of employers.

3. Collecting, analyzing, and providing information about the labor market, including: demand for labor recruitment, job-seeking needs, labor standards, wages, and remuneration in the area of operation, region, and nationwide.

4. Conducting vocational training in accordance with the law.

Article 18. Rights of enterprises

1. Naming the enterprise in accordance with the law, but not duplicating the name of the job introduction center prescribed in Article 6 of this Decree.

2. Selecting, arranging, dispatching, and utilizing labor, paying wages and bonuses, rewarding and disciplining workers in accordance with the law.

3. Exploiting information about labor and employment from state agencies, enterprises, and organizations.

4. Signing contracts for labor supply and job introduction and vocational training.

5. Charging fees for job introduction services (including: consulting, job introduction, labor supply, labor market information supply) and collecting vocational training tuition fees in accordance with the law.

6. Using and managing finances in accordance with the law.

7. Being exempted or reduced from taxes in accordance with current tax laws.

Article 19. Obligations of enterprises

1. Implementing the provisions of this Decree and other laws.

2. Ensuring the rights of workers in the enterprise as prescribed by law.

3. Reporting on the use of labor in accordance with labor laws.

4. Fully implementing all contracts concluded, commitments made with workers and employers, trainees, and those who received counseling.

5. Adhering to financial systems and payments required by law and compensating for damages resulting from breaches of contracts in accordance with the law.

6. Maintaining records to update comprehensively and regularly all activities of the enterprise.

7. Monitoring the employment status of workers introduced or supplied by the enterprise for a period of one year (for cases where the labor contract lasts twelve months or more) or during the duration of the labor contract (for cases where the labor contract lasts less than twelve months).

8. Within thirty (30) days from the date the enterprise is issued a job introduction business activity license, the enterprise must publish in a local newspaper or a central newspaper for five (5) consecutive issues information about the name, location, field of activity, account number, director's name, and phone number.

Fifteen (15) days before the start of operations, the enterprise is responsible for notifying the local Department of Labor, Invalids and Social Affairs in writing about the start date of operations.

9. At the business premises, there must be a sign clearly indicating the name of the enterprise, telephone number, and address. In cases where it is necessary to use a foreign language, the font size of the foreign language must be smaller than that of the Vietnamese language and written below the Vietnamese text.

The enterprise must have a layout diagram of its working departments and publicly display a certified copy of the operating license for job introduction at its headquarters.

10. Before July 5 and January 5 each year, the enterprise is responsible for submitting periodic reports covering the first six months and the entire year to the Department of Labor - Invalids and Social Affairs of the locality where its main office is located, with the report content following the regulations of the Ministry of Labor - Invalids and Social Affairs.

PART IV
REWARD, VIOLATION HANDLING AND COMPLAINTS, REPORTS

Article 20. Organizations and individuals who achieve outstanding results in the field of job introduction shall be rewarded according to the provisions of the law.

Article 21. Organizations and individuals violating the provisions of this Decree, depending on the nature and degree of violation, shall be subject to administrative penalties or criminal prosecution according to the provisions of the law.

Article 22. Petitioning and Reporting

1. Organizations and individuals have the right to file complaints and individuals have the right to report to competent state agencies regarding decisions and actions of any organization or individual involved in job introduction activities that violate the provisions of this Decree or infringe upon their legitimate rights and interests.

2. Ministries, ministerial-level agencies, government agencies, provincial People's Committees within their respective functions, duties, and authorities shall handle complaints, reports, and violations according to the provisions of the law.

3. Procedures for handling complaints and reports shall follow the provisions of the law on complaints and reports.

CHAPTER V
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS

Article 23. Responsibilities of the Ministry of Labor - Invalids and Social Affairs.

1. Implement state management over the field of job introduction throughout the country.

2. Within its functions, duties, and authorities, it is responsible for guiding and inspecting the implementation of this Decree.

Article 24. Responsibilities of the Ministry of Public Security

Take the lead and coordinate with the Ministry of Labor - Invalids and Social Affairs to guide the collection, management, and use of job introduction fees, financial systems for Centers and enterprises according to the provisions of the law.

Article 25. Responsibilities of Ministries and Sectors

1. Ministries and sectors are responsible for coordinating with the Ministry of Labor - Invalids and Social Affairs to uniformly implement state management over job introduction according to the provisions of this Decree.

2. Establish or terminate the operation of Centers; invest in physical infrastructure and equipment; decide on the number of staff positions for Centers and allocate regular operational funds for non-revenue-generating activities of Centers under their management.

3. Inspect and audit job introduction activities of Centers under their management according to the provisions of the law.

4. Monitor, compile, and report to the Ministry of Labor - Invalids and Social Affairs on the activities of Centers under their management.

Article 26. Request relevant central agencies of political-social organizations to take responsibility for:

1. Establish or terminate the operation of Centers; invest in physical infrastructure and equipment; decide on the number of staff positions for Centers and allocate regular operational funds for non-revenue-generating activities of Centers under their management.

2. Inspect and audit job introduction activities of Centers under their management.

3. Monitor, compile, and report to the Ministry of Labor - Invalids and Social Affairs on the activities of Centers under their management.

Article 27. The provincial People's Committee shall be responsible for:

1. Plan the system of Centers in the locality according to the guidance of the Ministry of Labor - Invalids and Social Affairs.

2. Decide on the establishment or dissolution of Centers; invest in physical infrastructure and equipment; decide on the number of staff positions for Centers and allocate regular operational funds for non-revenue-generating activities of Centers under their management.

3. Provide written comments on the establishment of Centers by ministries, ministerial-level agencies, government agencies, and political-social organizations.

4. Direct local functional agencies to monitor, inspect, and audit activities in accordance with the provisions of the law for Centers and enterprises engaged in job introduction activities.

5. Reward and handle violations according to the provisions of the law.

Article 28. The Department of Labor - Invalids and Social Affairs is responsible for:

1. Assisting the Provincial People's Committee in managing labor affairs according to the law and taking the lead in drafting and submitting to the Provincial People's Committee the planning of the Center system in the locality;

2. Coordinate with the Department of Planning and Investment, the Department of Finance, and the Department of Home Affairs within their respective functions and authorities to implement the provisions of this Decree.

3. Issue and revoke the operating licenses for job introduction of enterprises.

4. Before July 25 and January 25 each year, the Department of Labor - Invalids and Social Affairs is responsible for submitting periodic reports covering the first six months and the entire year according to the regulations of the Ministry of Labor - Invalids and Social Affairs.

Chapter VI
IMPLEMENTING PROVISIONS

Article 29.

1. Within six months from the date this Decree takes effect, agencies and organizations with job service Centers under their management currently in operation must conduct reviews, reorganize, and establish again according to the provisions of this Decree and report to the Ministry of Labor - Invalids and Social Affairs.

2. Within six months from the date this Decree takes effect, enterprises currently operating in job services (including consulting, job introduction, labor supply and recruitment, labor market information) must complete procedures to apply for job introduction operating licenses according to the provisions of this Decree.

3. For job service Centers and enterprises engaged in job services established before the effective date of this Decree but not meeting the conditions stipulated in this Decree, they must cease operations and fulfill related obligations according to the provisions of the law.

Article 30. This Decree takes effect fifteen days after its publication in the Official Gazette. Article 14 and Article 15 of Decree No. 39/2003/NĐ-CP dated April 18, 2003 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on employment are hereby repealed.

Article 31. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.