Circular No. 20/2021/TT-BLDTBXH on the System of Databases for Vietnamese Workers Going Abroad under Contracts

CIRCULAR

Regulations on the System of Databases for Vietnamese Workers Going Abroad under Contracts

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Pursuant to the Law on Vietnamese Workers Going Abroad under Contracts No. 69/2020/QH14 dated November 13, 2020 (Law No. 69/2020/QH14);

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 the Decree No. 112/2021/NĐ-CP dated December 10, 2021 of the Government detailing some provisions and measures to implement the Law on Vietnamese Workers Going Abroad under Contracts;

At the proposal of the Director of the Department of Overseas Labor Management;

The Minister of Labor, Invalids and Social Affairs issues this Circular on the System of Databases for Vietnamese Workers Going Abroad under Contracts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the management, operation, exploitation of the System of Databases for Vietnamese Workers Going Abroad under Contracts (hereinafter referred to as the System of Databases); updating information on the System of Databases; connecting and sharing information and data about Vietnamese workers going abroad under contracts.

Article 2. Applicability

1. Vietnamese workers going abroad under contracts.

2. Vietnamese enterprises sending Vietnamese workers abroad under contracts.

3. Public institutions assigned the task of sending Vietnamese workers abroad under contracts.

4. Agencies, organizations, and individuals related to the field of Vietnamese workers going abroad under contracts.

Article 3. Explanation of Terms

1. Business operations on the System of Databases are online operations performed on the System of Databases for Vietnamese Workers Going Abroad under Contracts.

2. Information about Vietnamese workers going abroad under contracts (hereinafter referred to as worker information) includes basic information (name, date of birth, gender, personal identification code/citizen identification card/passport, professional qualifications, vocational skills, current address, phone number) and information about working abroad (entry/exit information, receiving party, workplace address, occupation, salary, contract duration, status of work abroad).

3. The code of Vietnamese workers going abroad under contracts (hereinafter referred to as the worker code) is the personal identification code or citizen identification card number of the worker.

Article 4. Structure and Functions of the System of Databases

1. The System of Databases is a collection of data and information about Vietnamese workers going abroad under contracts, managed, operated, and shared through the Central and Local Government Service Platform (LGSP).

2. The System of Databases has the following functions:

a) Updating, storing, exploiting, and sharing databases about Vietnamese workers going abroad under contracts;

b) Performing online business operations in the activity of sending Vietnamese workers abroad under contracts;

c) Managing Vietnamese workers going abroad under contracts using the worker code;

d) Integrating, analyzing, and summarizing data for state management agencies to evaluate, guide, and develop plans regarding Vietnamese workers going abroad under contracts.

Article 5. Principles for operation, management, exploitation, sharing, and implementation of transactions on the Database System

1. The operation and management of the Database System must comply with the provisions of laws on electronic transactions, electronic storage, security, safety, data protection, information confidentiality, and other relevant regulations; information and data exchanged on the Database System shall be encrypted and digitally signed to ensure integrity and authenticity.

2. Data exploitation shall be carried out in accordance with the Law on Access to Information and current legal regulations.

3. Information and data sharing on the Database System aims to serve workers, businesses, public institutions; it must comply with legal provisions regarding the establishment, management, and use of data; ensuring that it does not affect the rights and responsibilities of related businesses, organizations, and individuals; it must not infringe upon personal privacy rights, personal secrets, family secrets, business secrets, except where otherwise provided by law.

Article 6. Issuance and Registration of Accounts on the Database System

1. Agencies and units eligible to be issued accounts to access the Database System include:

a) Department of Overseas Labor Management, Ministry of Labor, Invalids and Social Affairs;

b) Specialized agencies on labor under provincial People's Committees;

c) Vietnamese representative offices abroad.

2. Businesses; public institutions; organizations and individuals investing abroad; and Vietnamese citizens who enter into labor contracts after departure shall register their accounts on the Database System at the address http://molisa.gov.vn

3. Accounts issued in accordance with Circular No. 35/2017/TT-BLDTBXH dated December 29, 2017, concerning the management, operation, and exploitation of databases on Vietnamese workers working abroad under contracts (hereinafter referred to as Circular No. 35/2017/TT-BLDTBXH) shall continue to be used and managed in accordance with this Circular.

Chapter II

USE AND EXPLOITATION OF THE DATABASE SYSTEM

Article 7. Issuance of Permit for Services to Send Vietnamese Workers Abroad Under Contracts

1. Businesses requesting issuance of a Permit in accordance with Article 12 of the Law on Vietnamese Workers Going to Work Abroad Under Contracts shall perform the following actions:

a) Log in to the account, access the section "Issue Permit," and fill in the application form for the issuance of a Permit for services to send Vietnamese workers abroad under contracts;

b) Upload relevant documents as prescribed onto the Database System;

c) Digitally sign and submit the online application.

2. Within twenty days from the date of receipt of a valid application on the Database System, the Ministry of Labor, Invalids and Social Affairs shall issue a Permit to the business. The original Permit shall be delivered directly at the one-stop service counter or through postal services; if the Permit is not issued, a written response stating the reasons must be provided. The status of the application processing will be displayed on the Database System.

Article 8. Adjustment of Information on the Permit for Services to Send Vietnamese Workers Abroad Under Contracts

1. Businesses requesting adjustment of Permit information in accordance with Article 13 of Law No. 69/2020/QH14 shall perform the following actions:

a) Log in to the account, access the section "Adjust Permit Information," and fill in the adjustment information for the business's Permit;

b) Upload relevant documents relating to changes compared to the content recorded in the previously issued Permit onto the Database System;

c) Digitally sign and submit the online application.

2. Within five working days from the date of receipt of a valid application on the Database System, the Ministry of Labor, Invalids and Social Affairs shall adjust the Permit information for the business. The original Permit shall be delivered directly at the one-stop service counter or through postal services. The status of the application processing will be displayed on the Database System.

Article 9. Other Transactions

1. Enterprises, public service units, organizations, individuals investing abroad, workers shall register to prepare labor sources; register labor supply contracts; request confirmation of lists of workers expected to depart; register internship labor contracts; register direct employment contracts concluded after departure; report plans for sending Vietnamese workers to work abroad of Vietnamese enterprises that have won bids or taken on projects abroad; report plans for sending Vietnamese workers to work abroad of organizations and individuals investing abroad, and other transactions shall be carried out as follows:

a) Log in to the account, access the required transaction, and fill in information according to the instructions of the Database System.

b) Upload relevant documents as prescribed onto the Database System;

c) Digitally sign and submit the online application.

2. Within five working days from the date of receiving valid files on the Database System, the Ministry of Labor - War Invalids and Social Affairs shall respond in writing regarding approval; in cases where approval is not granted, the reasons must be clearly stated. The status of file processing will be displayed on the Database System.

Article 10. Updating Information about Branches of Enterprises

Vietnamese enterprises operating services to send Vietnamese workers to work abroad under contracts (hereinafter referred to as service enterprises) log in to their accounts, access the section "enterprise branches," and update branch information within five working days from the date of assigning tasks, terminating the assignment of tasks for service enterprises to send Vietnamese workers to work abroad under contracts to branches, or when branches cease operations.

Article 11. Updating Worker Information Using Worker Identification Numbers

Enterprises, public service units, specialized agencies on labor, organizations, individuals investing abroad, Vietnamese citizens log in to their accounts, access the section "worker information," and update information as follows:

1. Within five days from the date workers depart and before the twentieth day of each month when there are changes or developments during work abroad, service enterprises, public service units shall update worker information until the contract is terminated.

2. Within five working days from the date workers depart, Vietnamese enterprises that have won bids or taken on projects abroad; organizations and individuals investing abroad; Vietnamese enterprises sending workers for training, skill enhancement, and vocational skills improvement abroad shall update worker information.

3. Specialized agencies on labor under provincial People's Committees shall update information about workers going to work abroad under directly concluded labor contracts as stipulated in Article 53 of Law No. 69/2020/QH14.

4. Vietnamese citizens who conclude labor contracts after departure and have registered online labor contracts as stipulated in Article 54 of Law No. 69/2020/QH14 shall update information when there are changes or developments during work abroad until the contract ends.

Chapter III

DATA SHARING ON VIETNAMESE WORKERS

WORKING ABROAD UNDER CONTRACTS

Article 12. Connection and sharing of databases with the Electronic Information Portal of the Department of Overseas Labor Management, Ministry of Labor, Invalids and Social Affairs

The information and data automatically updated and shared from the Database System to the Electronic Information Portal of the Department of Overseas Labor Management include:

1. Information on licenses for operating services sending Vietnamese workers abroad; information on administrative penalties against service enterprises in the field of Vietnamese workers going to work abroad.

2. Information on preparing labor forces, registering labor supply contracts, registering labor reception contracts for internships; about sending Vietnamese workers abroad by Vietnamese enterprises winning bids, receiving projects abroad and sending Vietnamese workers abroad by organizations, individuals investing abroad.

3. Other information on sending Vietnamese workers abroad under contracts.

Article 13. Connection and sharing of databases with other information systems

1. The database system connects and shares information and data with the Vocational Education Database and the Labor Market Database so that employers and workers can access, exploit, use information and find suitable jobs.

2. The database system connects and shares information and data with the National Public Service Portal, the Public Service Portal of the Ministry of Labor, Invalids and Social Affairs, and other information systems and databases as prescribed by law.

Chapter IV

IMPLEMENTATION

Article 14. Responsibilities of organizations and individuals

1. Managing and securing the account information provided.

2. Being responsible for the accuracy and completeness of the information and data posted and updated on the Database System.

3. Sharing data and information within authorized limits. Not creating or disseminating programs or software aimed at destroying the Database System.

Article 15. Responsibilities of units under the Ministry of Labor, Invalids and Social Affairs

1. The Department of Overseas Labor Management, Ministry of Labor, Invalids and Social Affairs shall be responsible for:

a) Managing workers going abroad under contracts through identification numbers integrated into the Database System;

b) Operating, managing, and exploiting the Database System effectively and safely; promptly reflecting and coordinating to resolve any incidents arising;

c) Organizing training and guiding the use of the Database System;

d) Regularly reviewing and evaluating the effectiveness and proposing solutions in the management and operation of the Database System;

đ) Annually preparing budgets for updating and upgrading the Database System.

2. The Information Center, Ministry of Labor, Invalids and Social Affairs shall be responsible for:

a) Managing the infrastructure and IT equipment at the Data Integration Center of the Ministry of Labor, Invalids and Social Affairs to ensure smooth, safe, and secure operations for the Database System;

b) Reviewing and proposing plans and measures to ensure continuous operation of the Database System;

c) Annually preparing budgets for maintaining and operating the Database System at the Data Integration Center.

Article 16. Responsibilities of the specialized agency on labor under the People's Committee at the provincial level

1. Update information about workers going to work abroad under contracts as stipulated in Clause 3, Article 11 of this Circular.

2. Exploit and utilize the Database System as prescribed in Article 14 of this Circular.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Transitional Provisions

Information and data of the database as prescribed in Circular No. 35/2017/TT-BLDTBXH shall continue to be exploited and utilized in accordance with the provisions of this Circular.

Article 18. Effective Date

1. This Circular takes effect from February 1, 2022.

2. Circular No. 35/2017/TT-BLDTBXH dated December 29, 2017 ceases to be effective from the date this Circular takes effect.

1. Enterprises; public service units; organizations and individuals investing abroad and Vietnamese citizens who conclude labor contracts after departure shall implement:

a) Online on the Database System as prescribed in this Circular for the following transactions: registering direct labor contracts concluded after departure, updating information about branches of service enterprises, and updating worker information;

b) Selecting either direct submission or postal service to the competent authority as prescribed by law, or online on the Database System as prescribed in this Circular for the following transactions: requesting issuance of permits, requesting adjustment of permit information, and other transactions specified in Article 9 of this Circular, except for the transaction of registering direct labor contracts concluded after departure.

Any difficulties encountered during implementation should be reported to the Ministry of Labor, Invalids and Social Affairs for timely guidance and supplementation./.