Circular No. 20/2005/TT-BLDTBXH on guiding the implementation of certain provisions of Government Decree No. 19/2005/NĐ-CP dated February 28, 2005, stipulating conditions, procedures for establishment and operation of job introduction organizations.

CIRCULAR

Regarding the guidance on implementing certain provisions

 of Decree No. 19/2005/NĐ-CP dated February 28, 2005

 of the Government stipulating conditions and procedures for establishing

 and operating employment service organizations

___________________

Implementing Decree No. 19/2005/NĐ-CP dated February 28, 2005 of the Government stipulating conditions and procedures for establishing and operating employment service organizations (hereinafter referred to as Decree No. 19/2005/NĐ-CP), the Ministry of Labor - Invalids and Social Affairs guides the implementation as follows:

I. APPLICABLE OBJECTS:

1. Employment service centers as provided for in Clause 1, Article 2 of Decree No. 19/2005/NĐ-CP, including:

- Employment service centers established by the Chairman of the People's Committee of provinces and centrally-run cities;

- Employment service centers established by the Minister, Head of a ministry equivalent to a ministry, or a government agency;

- Employment service centers established by the Head of a central agency of political and social organizations;

The above-mentioned employment service centers shall hereinafter be collectively referred to as Centers.

2. Enterprises engaged in employment services as provided for in Clause 2, Article 2 of Decree No. 19/2005/NĐ-CP, including:

- Enterprises engaged in employment services established and operated under the Enterprise Law;

- Enterprises engaged in employment services established and operated under the State Enterprise Law.

The above-mentioned enterprises engaged in employment services shall hereinafter be collectively referred to as Enterprises.

II. CONDITIONS, PROCEDURES FOR ESTABLISHING AND OPERATING
OF CENTERS:

1. Conditions for establishing Centers as provided for in Clause 1, Article 5 of Decree No. 19/2005/NĐ-CP, are as follows:

a. Having a stable location and office from at least 36 months since the date of establishment of the new Center or re-establishment according to Decree No. 19/2005/NĐ-CP; located in a convenient position for direct transactions with workers and employers; having sufficient working space for Center staff in accordance with current state standards and norms for office space usage for state agencies and public institutions, and sufficient space for transactions and activities (consultation, reception of workers and employers, labor market information search) of the Center.

b. Having appropriate equipment and means of work suitable for each task such as tables, chairs, filing cabinets, telephones, fax machines, computers, equipment serving counseling, job introduction, labor market information, and transportation means (cars or motorcycles). If there is vocational training activity, it must have vocational training equipment and means in accordance with current laws.

c. Having at least five employees with a college degree or higher in economics, law, foreign languages; each specialty must have at least one person.

Persons recruited into the Center must be individuals with clear backgrounds, good moral character, without criminal records confirmed by the People's Committee of the commune where they reside. For staff transferred to work at the Center, confirmation from their previous agency is required.

d. The proposed newly established or re-established Center must be consistent with the planning system of employment service centers in the locality approved by the Chairman of the Provincial People's Committee.

2. Application dossier for establishing Centers as provided for in Point a, Clause 2, Article 5 of Decree No. 19/2005/NĐ-CP, prepared by the directly managing agency of the Center, includes:

a. A letter requesting the establishment of the Center sent to the competent authority as provided for in Point c, Clause 2, Article 5 of Decree No. 19/2005/NĐ-CP;

b. An establishment project of the Center, including the following specific contents:

- The necessity of establishing the Center;

- The operational objectives of the Center: specifying long-term and short-term objectives;

- Specific tasks of the Center: identifying and quantifying each task's activities in the first five years regarding counseling, job introduction, labor market information, vocational training;

- Necessary conditions to ensure the operation of the Center:

+ Location, land, factory premises; material and equipment facilities;

+ Organizational structure, personnel, and staffing (Center leadership, director's assisting organizations, staffing);

+ Investment, management, and utilization of financial resources of the Center;

- Feasibility of the project:

+ Start-up date of the Center;

+ Expected results and impacts of the Center's activities in the first five years;

+ Implementation solutions;

+ Proof of resources to achieve the stated results and solutions.

c. Relevant agency documents:

- For Centers under the management authority of the provincial People's Committee, the establishment project of the Center must include written agreement from the Department of Labor - Invalids and Social Affairs, Department of Planning and Investment, Department of Finance, Department of Home Affairs;

- For Centers under the management authority of ministries, sectors, central agencies of political and social organizations, approval documents from the provincial People's Committee where the Center will be headquartered and operate are required;

d. Relevant papers and documents proving compliance with conditions or commitments from the directly managing agency ensuring compliance with conditions for establishing the Center as stipulated in Point 1, Section II of this Circular, including:

- A certified copy (with notarization) of one of the following documents: certificate of ownership rights or document granting the Center's use of office space by the competent authority or lease contract for office space to ensure employment service operations for a minimum of 36 months;

- Equipment inventory, working tools and transportation means list; Center staff list at the time of application for establishment with confirmation from the directly managing agency of the Center;

3. Application dossier for approving the establishment of Centers under ministries, sectors, central agencies of political and social organizations as provided for in Clause 2, Article 5 of Decree No. 19/2005/NĐ-CP, includes:

- A letter requesting approval for the establishment of the Center from ministries, sectors, central agencies of political and social organizations sent to the provincial People's Committee where the Center will be headquartered and operate;

- Documents and texts as specified in items a, b, d, point 2, Section II of this Circular.

4. Receive and review applications for establishing Centers under the management of provincial People's Committees or applications for approving the establishment of Centers from Ministries, sectors, political-social organizations in accordance with points b, c, d, Clause 2, Article 5 of Decree No. 19/2005/NĐ-CP, as follows:

a. The Department of Labor, Invalids and Social Affairs of provinces and centrally-administered cities (hereinafter referred to collectively as the Department of Labor, Invalids and Social Affairs) shall receive the application and issue a receipt to the submitting agency. The receipt must clearly state the date of receipt, the documents included in the application, and the response deadline.

b. Review applications for establishing Centers or applications for approving the establishment of Centers:

Within fifteen working days from the date of receiving a valid application, the Department of Labor, Invalids and Social Affairs shall be responsible for reviewing the application and submitting it to the Chairman of the provincial People's Committee for signing the decision to establish Centers under its management or issuing approval documents for Centers established by Ministries, sectors, and political-social organizations.

If no decision to establish a Center or no approval for establishing a Center is made within the aforementioned period, the Department of Labor, Invalids and Social Affairs shall provide a written response stating the reasons.

5. The conclusion of labor supply contracts; job introduction contracts; recruitment contracts as stipulated in Clause 2, Article 9 of Decree No. 19/2005/NĐ-CP shall be carried out according to the following models:

a. Labor supply contracts; recruitment contracts signed according to Model No. 01 issued together with this Circular;

b. Job introduction contracts signed according to Model No. 02 issued together with this Circular.

6. The conclusion of vocational training contracts and learning contracts shall be implemented in accordance with the provisions of Government Decree No. 02/2001/NĐ-CP dated January 9, 2001 detailing and guiding the implementation of the Labor Code and the Education Law on vocational training and related implementing regulations.

7. Forms and uniforms of Center staff as stipulated in Clause 5, Article 10 of Decree No. 19/2005/NĐ-CP, as follows:

a. The form of the name badge of Center staff is rectangular, measuring 8 cm x 12 cm, laminated plastic, with the top line indicating the name of the direct supervising authority, the bottom line indicating the name of the Center; on the left side of the badge, attach a color photo of the staff member similar to an ID card, size 3 cm x 4 cm, and on the right side, indicate the name and code number (if applicable); below, clearly indicate the position and workplace.

b. A uniform for work is selected by the Center after obtaining written comments from the direct supervising authority.

8. Maintain records of Center activities as stipulated in Clause 6, Article 10 of Decree No. 19/2005/NĐ-CP and submit periodic reports as stipulated in Clause 10, Article 10 of Decree No. 19/2005/NĐ-CP, as follows:

a. The Center maintains records of activities according to Models No. 03a, 03b, 03c, 03d, 03đ, 03e issued together with this Circular;

b. Before July 5 and January 5 each year, the Center is responsible for submitting semi-annual and annual periodic reports according to Model No. 04 issued together with this Circular:

- For Centers under the management of provincial People's Committees, periodic reports should be submitted to the Department of Labor, Invalids and Social Affairs where the main office is located.

- For Centers under the management of Ministries, sectors, and political-social organizations, periodic reports should be submitted to the Department of Labor, Invalids and Social Affairs where the main office is located and the agency that issued the establishment decision.

- Centers shall submit ad hoc reports as required by State management agencies regarding labor.

III. CONDITIONS, PROCEDURES AND AUTHORITY FOR ISSUING BUSINESS LICENSES FOR JOB INTRODUCTION SERVICES:

1. Conditions for issuing business licenses for job introduction services (hereinafter referred to collectively as business licenses) as stipulated in Article 12 of Decree No. 19/2005/NĐ-CP, as follows:

a. Have a stable location and office dedicated to job introduction activities for at least thirty-six months, located in a convenient position with sufficient area for transactions and operations of the enterprise;

b. The working and operating space of the enterprise must ensure adequate facilities including consulting, job introduction, and labor supply rooms, equipped with computers, telephones, fax machines, emails, and other materials related to the labor market and equipment to serve customers;

c. Deposit at least three hundred million Vietnamese dong in a bank to address potential risks and compensation during operations;

d. Have at least five employees with college-level qualifications or higher in economics, law, foreign languages; each specialty must have at least one person. Employees hired to engage in job introduction activities must have clear backgrounds, good moral character, and no criminal record confirmed by the People's Committee of the commune where they reside.

2. Application documents for issuing business licenses as stipulated in Article 13 of Decree No. 19/2005/NĐ-CP prepared by enterprises, including:

a. An application for a business license for job introduction services as stipulated in Clause 1, Article 13 of Decree No. 19/2005/NĐ-CP, including the main contents: enterprise name; address; telephone, fax, email numbers; transaction account number; business registration certificate number; registered capital at the time of applying for the license; general manager's (director's) full name; job introduction service activity plan during the validity period of the business license (according to Model No. 05 issued together with this Circular);

b. A copy of the enterprise's business registration certificate (certified);

c. Documents and papers proving compliance with the conditions for issuing a business license for job introduction services as stipulated in Item 1, Section III of this Circular, including:

- A certified copy of one of the following documents: certificate of ownership rights or document transferring the office for the enterprise's use from the competent authority or lease agreement ensuring job introduction activities for a minimum of thirty-six months.

- A list of equipment, working tools, and means of transportation; a list of employees of the enterprise at the time of applying for a license;

- A certified copy of the deposit certificate from the Bank.

3. The procedure for issuing a license to operate job introduction services as prescribed in Article 15 of Decree No. 19/2005/NĐ-CP is as follows:

a. The enterprise shall be responsible for submitting the application dossier for the license to the Department of Labor - Invalids and Social Affairs of the locality where the enterprise is headquartered and operates job introduction services.

b. The Department of Labor - Invalids and Social Affairs shall receive the dossier and be responsible for issuing a receipt to the enterprise. The receipt shall clearly state the date, month, and year of receiving the dossier, the documents contained in the dossier, and the deadline for response.

Within fifteen days (counting working days) from the date of receiving a valid dossier, the Department of Labor - Invalids and Social Affairs shall issue a license to operate job introduction services to the enterprise. In case of not issuing the license, it must respond in writing and specify the reasons.

4. The format of the license to operate job introduction services as prescribed in Article 11 of Decree No. 19/2005/NĐ-CP is as follows:

a. The form of the license: the license has a size of A4 paper; with a white background, light blue patterns, and a star in the center;

b. Content of the license: including information about the enterprise granted the license, the validity period of the license (according to Model No. 06 issued together with this Circular);

c. The license to operate job introduction services shall be printed and distributed uniformly by the Labor and Social Publishing House under the Ministry of Labor - Invalids and Social Affairs.

5. The validity period of the license as prescribed in Article 14 of Decree No. 19/2005/NĐ-CP stipulates that the first issuance is for thirty-six months; subsequent renewals shall not exceed thirty-six months from the date of issuance or renewal of the license.

6. Procedures for renewing the license:

a. The enterprise shall be responsible for submitting the application dossier for renewal to the Department of Labor - Invalids and Social Affairs of the locality where the license was originally issued before the expiration of the license by at least thirty days. The dossier includes:

- An application for renewal of the license according to Model No. 07 issued together with this Circular, attached with the previously issued job introduction service operation license;

- A report on the results of the enterprise's job introduction service operations during the current license period and the plan for operations during the next license period;

- Relevant documents and papers proving that the enterprise meets the conditions for renewing the job introduction service operation license as stipulated in point c, item 2, Section III of this Circular;

b. The Department of Labor - Invalids and Social Affairs shall receive the dossier and be responsible for issuing a receipt. The receipt shall clearly state the date, month, and year of receiving the dossier, the documents contained in the dossier, and the deadline for response.

Within fifteen days (counting working days) from the date of receiving a valid dossier, the Department of Labor - Invalids and Social Affairs shall examine and issue a decision to renew the license according to Model No. 08 issued together with this Circular. In case of not renewing, it must respond in writing and specify the reasons.

7. The signing of labor supply contracts, job introduction contracts, recruitment contracts, and vocational training contracts as prescribed in Clause 4, Article 18 of Decree No. 19/2005/NĐ-CP shall be carried out in accordance with points 5 and 6 of Section II of this Circular.

8. Establishing a record of job introduction activities of enterprises as prescribed in Clause 6, Article 19 of Decree No. 19/2005/NĐ-CP and reporting periodically as prescribed in Clause 10, Article 19 of Decree No. 19/2005/NĐ-CP, as follows:

a. Enterprises shall establish records of activities according to Models No. 03a, 03b, 03c, 03d, 03đ, 03e issued together with this Circular.

b. Before July 5th and January 5th each year, enterprises shall be responsible for submitting semi-annual reports and annual reports according to Model No. 09 issued together with this Circular and send them to the Department of Labor - Invalids and Social Affairs of the locality where the enterprise is headquartered and operates job introduction services.

Enterprises shall be responsible for submitting ad hoc reports as required by the State management agency on labor.

9. Reporting on the use of labor by enterprises as prescribed in Clause 3, Article 19 of Decree No. 19/2005/NĐ-CP, as follows:

a. Enterprises shall implement the declaration of labor use as prescribed in Article 182 of the Labor Code and Circular No. 06/1998/TT-BLĐTBXH dated April 15, 1998, of the Ministry of Labor - Invalids and Social Affairs guiding the declaration of labor use when the enterprise begins operations and reporting the cessation of labor use when the enterprise ceases operations.

b. Enterprises shall implement the reporting on the situation of labor use as prescribed in Circular No. 20/2003/TT-BLĐTBXH dated September 22, 2003, of the Ministry of Labor - Invalids and Social Affairs detailing and guiding the implementation of some provisions of the Labor Code regarding labor recruitment.

IV. IMPLEMENTATION

1. Responsibilities of the People's Committee of provinces and centrally governed cities:

a. Planning the system of Centers in the locality according to the following contents:

- Evaluating the current status of the Center system in the locality in terms of quantity, structure of Centers; capacity and level of staff engaged in job introduction work; material and financial resources of Centers; results of activities according to each task of Centers;

- Determining the demand for transactions in the labor market until 2010, 2015; thereby determining the number, distribution, and structure of the Center system in the locality; the demand for personnel working in each task suitable to the scale of operations of the Center system; the demand for investment in material and financial infrastructure, procurement of equipment to enhance the operational capacity of the job introduction Center system;

- Developing plans for the development of Centers.

The planning and approval of the Center system shall be completed within a maximum period of six months from the effective date of Decree No. 19/2005/NĐ-CP.

The People's Committee of provinces and centrally governed cities shall be responsible for sending one copy of the plan to the Ministry of Labor - Invalids and Social Affairs for monitoring.

b. Direct the Department of Labor, Invalids and Social Affairs and relevant agencies to review and rearrange the job introduction organization system under their management and implement the planning of the job introduction center system on the local territory in accordance with Decree No. 19/2005/NĐ-CP and the guidance provided in this Circular.

c. Decide on the establishment or dissolution, rectify the activities of centers under their management, approve the establishment of centers by ministries, sectors, and political-social organizations at the local level. Decide to suspend operations for centers and enterprises that fail to comply with the provisions of Decree No. 19/2005/NĐ-CP and the guidance provided in this Circular.

d. Decide on the staffing quota of the Center and provide regular operating funds for non-revenue-generating activities of Centers under their management;

đ. Direct local functional agencies to monitor, inspect, and audit the activities of centers and job introduction enterprises on the local territory;

2. Responsibilities of the Department of Labor, Invalids and Social Affairs:

a. Assist the provincial People's Committee in developing the planning of the job introduction center system on the local territory;

b. Receive applications, assess, and submit to the provincial People's Committee for consideration and decision on the establishment, or approval of the establishment of centers on the local territory as prescribed by law;

c. Issue and revoke business licenses for enterprises in accordance with the law;

d. Inspect and audit the job introduction activities of centers and enterprises on the local territory and handle violations according to the law;

đ. Before July 15 and January 15 each year, compile and report the semi-annual and annual summary reports according to Form No. 10 issued together with this Circular and send them to the Ministry of Labor, Invalids and Social Affairs.

3. Responsibilities of Ministries, Sectors, and Central Agencies of Political-Social Organizations:

a. Review, rearrange, and organize centers under their management in accordance with this Circular; propose localities to include them in the planning of the center system on the local territory and report to the Ministry of Labor, Invalids and Social Affairs;

b. Invest in physical infrastructure and equipment; decide on the staffing quota of the center and provide regular operating funds for non-revenue-generating activities of centers under their management;

c. Inspect and rectify the activities of job introduction centers under their management;

d. Compile and report the semi-annual and annual summaries according to Form No. 11 attached to this Circular and send them to the Ministry of Labor, Invalids and Social Affairs.

4. Job introduction centers and enterprises permitted to operate have the responsibility to fully implement the provisions of this Circular; for centers and enterprises established and operating before Decree No. 19/2005/NĐ-CP took effect, they shall proceed as follows:

a. For centers that have been established and are currently operating, continue operations while conducting procedures to re-establish in accordance with Section II of this Circular. If they cannot meet the conditions for re-establishment, they must cease operations. In cases where there are valid reasons and centers have not yet completed the re-establishment procedures, they must report to the Chairman of the provincial People's Committee, the Minister, or the head of central agencies of political-social organizations for consideration and resolution;

b. For enterprises currently operating in job introduction, they must conduct procedures to apply for a job introduction operation license in accordance with Section III of this Circular. If they cannot meet the conditions for obtaining a license, they must cease operations and fulfill related obligations as prescribed by law.

5. This Circular takes effect fifteen days from the date of publication in the Official Gazette;

Repeal Circular No. 08/LĐTBXH-TT dated March 10, 1997, of the Ministry of Labor, Invalids and Social Affairs guiding the organization and operation of job service centers under Government Decree No. 72/CP dated October 31, 1995.

During implementation, if any issues arise, please promptly reflect them to the Ministry of Labor, Invalids and Social Affairs for research and resolution.