Decree No. 196/2013/ND-CP on the establishment and operation of Employment Service Centers

DECREE
Article 24regulating the establishment and operation of Temployment service centers

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Pursuant to the Law Torganization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."pursuant to the Government's Resolution dated December 25, 2001;

Pursuant to the Maritime Code of Vietnam Llabor day 18 June 2012;

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

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."government promulgates this decreeTHE This Decree regulates the establishment and operation of Employment Service Centers.

Article 1. Scope of Regulation

This Decree regulates the establishment and operation of Employment Service Centers.

Article 2. Applicability

1. Employment Service Centers shall be established by state administrative agencies, including:

a) Employment Service Centers established by the Chairman of the People's Committee of provinces and centrally governed cities (hereinafter referred to collectively as provincial-level People's Committees);

b) Employment Service Centers established by the Minister, Head of a ministerial-level agency, or Head of an agency under the Government.

2. Employment Service Centers established by the head of central-level political-social organizations shall apply the provisions of this Decree.

Organizations and individuals related to the establishment and operation of Employment Service Centers.

Article 3. Conditions for Establishment

1. Having specific objectives, functions, and tasks.

2. Being consistent with the planning of the network of Employment Service Centers approved by the Prime Minister.

3. Having an office or a land development plan approved by the competent authority (in case of building a new office).

4. Having equipment and means of work to carry out employment service activities as prescribed in this Decree and the laws on standards and quotas for equipment and means of work of agencies and civil servants, officials, and workers.

5. Having at least fifteen staff members with a college degree or higher.

6. Ensuring regular operating funds according to the regulations of the competent authority.

7. For Employment Service Centers specified in Point b Clause 1 and Clause 2 Article 2 of this Decree, when establishing, they must have written approval from the Chairman of the provincial-level People's Committee where the center's main office is located.

Article 4. Procedures and Formalities for Establishment, Reorganization, and Dissolution

The procedures and formalities for the establishment, reorganization, and dissolution of Employment Service Centers shall be implemented in accordance with the provisions of Government Decree No. 55/2012/NĐ-CP dated June 28, 2012, on the establishment, reorganization, and dissolution of public service units and Article 3 of this Decree.

Article 5. Tasks of Employment Service Centers

1. Advisory services, including:

a) Advising workers on choosing trades, training levels, and suitable training locations based on their abilities and preferences;

b) Advising workers on selecting jobs that match their abilities and preferences; about test-taking skills; about self-employment, finding jobs domestically and abroad;

c) Advising employers on recruiting workers; about human resource management and development; about worker utilization and job creation;

d) Advising on labor policies and laws for workers and employers.

2. Introducing jobs to workers, supplying and recruiting labor according to the requirements of employers, including:

a) Introducing job seekers to employers seeking workers;

b) Supplying labor according to the requirements of employers;

c) Recruiting workers through examinations to select those meeting the conditions and requirements of employers;

d) Recommending and supplying workers to units and enterprises permitted to send Vietnamese workers abroad under contracts.

3. Collecting, analyzing, forecasting, and providing information about the labor market.

4. Organizing training and workshops to enhance job-seeking capabilities and other vocational skills as prescribed by law.

5. Supporting workers transitioning between occupations, relocating within the country, moving abroad, and other support as prescribed by law.

6. Promoting and disseminating labor and employment policies and laws.

7. Implementing employment programs and projects.

8. Implementing unemployment insurance policies as prescribed by law.

9. Providing other services as prescribed by law.

Article 6. Name and organizational structure of the Employment Service Center

1. The name of the Employment Service Center shall include: "Employment Service Center" followed by the name of the locality or the managing agency of the Center.

2. Organizational structure of the Employment Service Center:

a) Leadership of the Employment Service Center includes: Director and one or more Deputy Directors;

b) The administrative support staff of the Director consists of specialized departments and service departments. Based on the volume of work, nature, and specific characteristics of activities, the person authorized to establish the Center decides on the number and names of specialized departments and service departments that are appropriate to the assigned functions and tasks.

Article 7. Rights of the Employment Service Center

1. To conclude contracts to perform tasks as prescribed in Article 5 of this Decree.

2. Exploiting information on labor, employment, and vocational training.

3. To publish publications and post news about the labor market information in accordance with the law.

4. To request employers to provide information on the employment status of workers introduced or supplied by the Center.

5. To collect fees in accordance with the law on fees.

6. To be financially autonomous in accordance with the law.

7. To recruit, employ, and manage civil servants, public officials, and workers in accordance with the law.

Article 8. Responsibilities of the Employment Service Center

1. To comply with the provisions of the law on the organization and operation of the Employment Service Center.

2. To develop operational regulations for the Center in accordance with the guidelines of the Ministry of Labor, War Invalids and Social Affairs.

3. To annually develop and implement operational plans that have been approved by the competent authority.

4. To ensure the rights of civil servants, public officials, and workers employed at the Center in accordance with the law.

5. To fully implement contracts concluded, commitments made with workers, employers, vocational learners, and job seekers.

6. To monitor the employment status of workers introduced or supplied by the Center during the period when the workers are performing seasonal labor contracts or fixed-term contracts for a specific job lasting less than twelve months. For contracts with a duration of twelve months or longer, monitoring shall be conducted for a period of twelve months.

7. To provide labor market information to agencies, organizations, and individuals upon their requests in accordance with the law.

8. To analyze and forecast the labor market to serve the development of economic and social plans.

9. Within thirty days from the date of establishment, the Center must publicly announce on mass media about: Decision establishing the Center, the location of the main office, and the telephone number of the Center.

Prior to ten days from the start of operations, the Employment Service Center is responsible for notifying in writing the Department of Labor, War Invalids and Social Affairs where the Center's main office is located about the start date of operations.

10. Annually and every six months, the Center is responsible for reporting to the Department of Labor, War Invalids and Social Affairs on the situation of employment services provided by the Center in accordance with the guidelines of the Ministry of Labor, War Invalids and Social Affairs.

Article 9. Responsibilities of the Ministry of Labor, Invalids, and Social Affairs

1. To manage state administration over employment services throughout the country.

2. To submit to the Prime Minister for approval the planning of the network of national Employment Service Centers. For regions already having regional Employment Service Centers, no local Employment Service Centers will be planned.

3. To decide on the establishment of a National Employment Service Center under the Ministry to serve the management of state administration over employment services; to carry out certain public services; to connect and regulate the system of labor market information and forecast the national labor market.

4. To decide on the establishment of regional Employment Service Centers to support, guide, and organize the implementation of regional tasks related to employment services; unemployment insurance policies; to connect and regulate the system of labor market information and forecast the regional labor market and tasks stipulated in Article 5 of this Decree.

5. To guide, inspect, and audit the establishment and operation of Employment Service Centers.

6. To compile and report to the Government on the situation of Employment Service Center operations.

Article 10. Responsibilities of the Ministry of Finance

To take the lead and coordinate with the Ministry of Labor, War Invalids and Social Affairs to guide the management and use of employment service fees.

Article 11. Responsibilities of Ministries, ministerial-level agencies, and government-affiliated agencies

1. Coordinate with the Ministry of Labor - Invalids and Social Affairs to uniformly manage state administration over job placement services as stipulated in this Decree.

2. Establish, reorganize, and dissolve Job Placement Centers; ensure material infrastructure and equipment; decide on the number of job positions and ensure regular operating funds for Job Placement Centers under their management.

3. Inspect and audit the activities of Job Placement Centers under their management in accordance with the provisions of the law.

4. Monitor, compile, and report to the Ministry of Labor - Invalids and Social Affairs on the activities of Job Placement Centers under their management every six months, annually, or at any time when required.

Article 12. Responsibilities of Provincial People's Committees and Municipal People's Committees directly under the Central Government

1. Plan the system of Job Placement Centers within their jurisdiction according to the following regulations:

a) Develop plans for the system of Job Placement Centers within their jurisdiction, including the following basic contents: assess the current status of operations of the system of centers within their jurisdiction; forecast the labor market to determine the quantity and structure of the system of centers within their jurisdiction; investment needs for material infrastructure and equipment; number of job positions and regular operating funds;

b) Approve the plan for the system of centers within their jurisdiction within six months from the date this Decree takes effect. The planning period must be at least five years, ensuring that each locality has at least one center under the Department of Labor - Invalids and Social Affairs;

c) Submit one copy of the plan to the Ministry of Labor - Invalids and Social Affairs.

2. Review and rearrange Job Placement Centers within their jurisdiction in accordance with the system plan approved by the Prime Minister.

3. Decide on the establishment, reorganization, dissolution, and rectification of activities of centers under their management.

For job placement centers currently implementing unemployment insurance policies, the Chairman of the provincial People's Committee shall decide to change the name in accordance with this Decree to ensure the continuity of the implementation of unemployment insurance policies.

4. Decide on the number of job positions for Job Placement Centers and ensure regular operating funds for centers under their management.

5. Direct the monitoring, inspection, and auditing of the activities of Job Placement Centers within their jurisdiction.

6. Reward and handle violations in accordance with the provisions of the law.

7. Report to the Ministry of Labor - Invalids and Social Affairs on the situation of establishing and operating Job Placement Centers within their jurisdiction under their management every six months, annually, or at any time when required.

Article 13. Transitional Provisions

Six months after the effective date of this Decree, job placement centers established and operating in accordance with Decree No. 19/2005/NĐ-CP dated February 28, 2005, of the Government on conditions and procedures for establishing and operating job placement organizations, and Decree No. 71/2008/NĐ-CP dated June 5, 2008, of the Government amending and supplementing certain articles of Decree No. 19/2005/NĐ-CP, if they meet the conditions stipulated in this Decree, shall continue to operate in accordance with this Decree. In cases where they do not meet the conditions, they must cease operations.

Article 14. Effective Date

1. This Decree takes effect from January 20, 2014.

2. Decree No. 19/2005/NĐ-CP dated February 28, 2005, of the Government on conditions and procedures for establishing and operating job placement organizations, and Decree No. 71/2008/NĐ-CP dated June 5, 2008, of the Government amending and supplementing certain articles of Decree No. 19/2005/NĐ-CP, shall cease to be effective from the date this Decree takes effect.

Article 15. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, heads of agencies established by the Government, Chairmen of provincial People's Committees and municipal People's Committees directly under the Central Government, and related agencies and organizations are responsible for implementing this Decree./.