Circular No. 20/2003/TT-BLDTBXH guiding the implementation of certain provisions of Government Decree No. 39/2003/NĐ-CP dated April 18, 2003 on labor recruitment

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 39/2003/NĐ-CP

dated April 18, 2003 of the Government on Labor Propaganda

 To implement 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 (hereinafter referred to as Decree No. 39/2003/NĐ-CP), after receiving comments from the Vietnam General Confederation of Labor and relevant agencies, the Ministry of Labor - War Invalids and Social Affairs provides guidelines for implementing certain provisions of Decree No. 39/2003/NĐ-CP on recruiting labor as follows:

 I. APPLICABLE OBJECTS

1. Employer:

Employers as stipulated in Clause 1, Article 7 of Decree No. 39/2003/NĐ-CP include:

- Enterprises established and operating under the Law on State-Owned Enterprises, the Enterprise Law, and the Law on Foreign Investment in Vietnam; Branches of foreign companies in Vietnam;

- Enterprises of political organizations and socio-political organizations;

- State agencies and state-owned non-profit units using labor that are not civil servants or public officials;

- Economic organizations under the People's Armed Forces and Public Security Forces employing labor that are not officers, non-commissioned officers, or soldiers;

- Non-public educational, medical, cultural, and sports establishments established according to Decree No. 73/1999/NĐ-CP dated August 19, 1999 of the Government on policies encouraging socialization in education, health care, culture, and sports activities;

- Cooperatives operating under the Cooperative Law employing labor that are not cooperative members.

2. Vietnamese Workers:

Vietnamese workers as stipulated in Clause 2, Article 7 of Decree No. 39/2003/NĐ-CP include individuals aged 15 years or older seeking employment in accordance with the Labor Code, except those Vietnamese workers employed by foreign agencies, organizations, and individuals in Vietnam (as provided in Decree No. 85/1998/NĐ-CP dated October 20, 1998 of the Government on the recruitment, utilization, and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam and subsequent amendments and supplements thereto) and Vietnamese workers working abroad (as provided in Decree No. 81/2003/NĐ-CP dated July 17, 2003 of the Government detailing and guiding the implementation of the Labor Code regarding Vietnamese workers working abroad).

II. PROCEDURES FOR RECRUITING LABOR

1. Notification of Labor Recruitment Needs:

The notification of labor recruitment needs by employers as stipulated in Clause 1, Article 8 of Decree No. 39/2003/NĐ-CP is as follows:

a) Time and Form of Recruitment Notification:

Employers must notify at least seven days before accepting applications for recruitment and must notify through one of the following mass media:

- Central or local newspapers;

- Central or local radio stations;

- Central or local television stations;

At the same time, employers must post notices at their headquarters in locations convenient for workers to know about the labor recruitment needs.

b) Content of Recruitment Notification: Must be complete and accurate for each job position including:

- The number of workers needed for each job position;

- The trade or job required for each job position;

- Professional qualifications; field of study and level of training;

- The term of the labor contract to be concluded after recruitment;

- Salary and other income for each job position;

- Working conditions of the worker (workplace, start date, working hours, rest periods, occupational safety and hygiene);

- Necessary requirements of the employer;

- Documents in the application for recruitment;

- Deadline for submission of applications for recruitment and recruitment period.

2. Application for Recruitment:

The application for recruitment as stipulated in Clause 2, Article 8 of Decree No. 39/2003/NĐ-CP is as follows:

- Application form for recruitment according to Model No. 1 issued together with this Circular;

- Copy of the labor book (no need for certification); if not yet issued a labor book, then a resume according to Model No. 2 issued together with this Circular must be provided;

- Copies of certificates and diplomas according to the requirements of the applied position (no need for certification);

- Health certificate issued by a competent health authority according to the regulations of the Ministry of Health;

- Other documents required by the employer due to the strict nature of the work.

3. Receipt and Return of Applications for Recruitment:

- Workers must submit applications for recruitment to the employer;

- When the employer receives applications for recruitment, they must record in a tracking logbook and provide a receipt to the worker. The receipt must clearly state the date, month, year of receipt, contents of the application, and recruitment period.

- After each recruitment round, the employer has the responsibility to inform the results of recruitment to each participating worker.

- Within thirty days from the date of notification of recruitment results, if the worker who was not selected or did not attend the recruitment requests the return of the application for recruitment, the employer must return the application for recruitment to the worker and retrieve the receipt.

For employment service organizations, after signing a labor recruitment contract with the employer, the content of the recruitment notification, receipt, and return of applications for recruitment must comply with the provisions of sub-item b point 1 and point 3 of this Section.

4. Notification of Recruited Workers List:

Within seven days after the end of each recruitment round, foreign-invested enterprises must notify the list of recruited workers to the provincial Department of Labor - War Invalids and Social Affairs or the Management Board of industrial zones, export processing zones, and high-tech parks (for enterprises located in industrial zones, export processing zones, and high-tech parks) according to Model No. 3 issued together with this Circular.

III. REPORTING REGIME

The obligation to report periodically as prescribed in Article 10 of Decree No. 39/2003/NĐ-CP is stipulated as follows:

1. Before July 5th and January 5th each year, employers shall be responsible for reporting periodically on the first six months and the entire year to the Department of Labor, Invalids and Social Affairs at their place of operation and relevant ministries, sectors managing or the Management Board of industrial zones, export processing zones, and high-tech parks (for enterprises located in industrial zones, export processing zones, and high-tech parks) regarding the situation of labor utilization and demand for recruitment according to Form No. 4 issued together with this Circular.

The Management Board of industrial zones, export processing zones, and high-tech parks shall be responsible for compiling and reporting periodically on the first six months and the entire year to the Department of Labor, Invalids and Social Affairs at their place of operation and the Ministry of Labor, Invalids and Social Affairs regarding the situation of labor utilization and demand for recruitment.

2. Before July 31st and January 31st each year, the Department of Labor, Invalids and Social Affairs shall be responsible for compiling and reporting periodically on the first six months and the entire year to the Ministry of Labor, Invalids and Social Affairs regarding the situation of labor utilization and demand for recruitment of all enterprises and organizations within its jurisdiction according to Form No. 5 issued together with this Circular.

IV. IMPLEMENTATION PROVISIONS

This Circular takes effect fifteen days from the date of publication in the Official Gazette. The Circular No. 16/LĐTBXH-TT dated September 5, 1996 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 72/CP dated October 31, 1995 of the Government on labor recruitment and the Circular No. 15/1998/TT-BLĐTBXH dated October 31, 1998 of the Ministry of Labor, Invalids and Social Affairs guiding supplementary provisions of Circular No. 16/LĐTBXH-TT dated September 5, 1996 of the Ministry of Labor, Invalids and Social Affairs on labor recruitment are hereby repealed.

In the course of implementation, any difficulties encountered should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.