Circular No. 23/2014/TT-BLDTBXH guiding the implementation of certain provisions of Decree No. 03/2014/NĐ-CP on employment, detailing the additional job creation targets, labor recruitment, and labor utilization reports. This document applies to agencies and organizations related to the labor market.
Scope of application
People's Committee of communes, wards, towns; People's Committee of districts; Department of Labor, Invalids, and Social Affairs; Labor, Invalids, and Social Affairs Office; enterprises and employers.
Key points
- The People's Committee of communes, wards, towns must compile the results of implementing the additional job creation targets at the local level and report to the People's Committee of districts before November 25 each year (Article 4).
- Employers must publicly announce labor recruitment through posting or via mass media and follow Model No. 04 issued together with this Circular (Article 5).
- Employers must establish a labor management register within thirty days from the start of operations, which may be in paper or electronic form, and update complete information about workers (Article 7).
- Employers must report changes in labor conditions before May 25 and November 25 each year according to Model No. 07 issued together with this Circular (Article 6).
- The Department of Labor, Invalids, and Social Affairs must report on the declaration of labor utilization and changes in labor conditions in enterprises in the locality before June 15 and December 15 each year according to Model No. 08 issued together with this Circular (Article 6).
🌐 Social impact of this document
- Strengthening labor market management, creating favorable conditions for workers to seek employment.
- Assisting competent authorities in obtaining information on enterprise labor utilization.
- Ensuring that the rights and obligations of workers are fully recorded in the labor management register.
❓ Frequently asked questions
Updating.
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SOCIALIST REPUBLIC OF VIET NAM |
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Number: 23/2014/TT-BLDTBXH |
Hanoi, on 29 the 08 year 2014 |
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Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular guides the implementation regarding targets for additional job creation, recruitment of workers, labor utilization reports, establishment and management of labor management books as prescribed in Decree No. 03/2014/ND-CP.
Article 2. Applicability
The objects subject to this Circular are those specified in Article 2 of Decree No. 03/2014/ND-CP.
Chapter II
TARGETS FOR ADDITIONAL JOB CREATION
Article 3. Number of workers with additional jobs
1. The number of workers with additional jobs as prescribed in Clause 1, Article 3 of Decree No. 03/2014/ND-CP is the difference between the number of workers with jobs in the reporting period and the number of workers with jobs in the previous reporting period.
2. The number of workers with additional jobs is categorized by urban and rural areas, economic sectors, and gender.
3. The number of workers with additional jobs is compiled from information about employment of legally residing workers within the administrative area according to the laws on labor market information.
Article 4. Reporting on the achievement of targets for additional job creation
1. Annually, the People's Committee of communes, wards, towns shall compile the results of achieving targets for additional job creation at their localities, report to the People's Committee of districts, towns, cities under provinces (hereinafter referred to as the People's Committee of district level) through the Department of Labor - Invalids and Social Affairs before November 25 according to Form No. 01 issued together with this Circular.
2. Annually, the People's Committee of district level shall compile the results of achieving targets for additional job creation at their localities, report to the People's Committee of provinces, centrally-run cities (hereinafter referred to as the People's Committee of provincial level) through the Department of Labor - Invalids and Social Affairs before December 5 according to Form No. 02 issued together with this Circular.
3. Annually, the People's Committee of provincial level shall compile the results of achieving targets for additional job creation at their localities, report to the Ministry of Labor - Invalids and Social Affairs before December 15 according to Form No. 03 issued together with this Circular.
Chapter III
RECRUITMENT AND MANAGEMENT OF WORKERS
Article 5. Procedures and steps for recruiting workers
1. Public announcement as prescribed in Clauses 1 and 4, Article 7 of Decree No. 03/2014/ND-CP shall be carried out through one of the following forms:
a) Posting at the headquarters, branches, representative offices where workers are recruited;
b) Announcement on mass media.
2. The application form for worker recruitment as prescribed at Point a, Clause 2, Article 7 of Decree No. 03/2014/ND-CP shall be implemented according to Form No. 04 issued together with this Circular.
3. Workers who wish to return their application forms for worker recruitment as prescribed in Clause 5, Article 7 of Decree No. 03/2014/ND-CP must submit their request in writing within three months from the date of announcement of the recruitment results.
Article 6. Labor Utilization Report
1. The declaration on labor utilization when the employer commences operations as stipulated in Clause 1, Article 8 of Decree No. 03/2014/NĐ-CP shall be carried out according to Model No. 05 issued together with this Circular.
2. Employers must report changes in labor conditions as prescribed in Clause 2, Article 8 of Decree No. 03/2014/NĐ-CP before May 25 and November 25 each year according to Model No. 07 issued together with this Circular.
3. The Department of Labor - Invalids and Social Affairs shall report on declarations of labor utilization and changes in labor conditions in enterprises within their locality as prescribed in Clause 4, Article 8 of Decree No. 03/2014/NĐ-CP before June 5 and December 5 each year according to Models No. 06 and 08 issued together with this Circular.
4. The Provincial Department of Labor - Invalids and Social Affairs shall report on declarations of labor utilization and changes in labor conditions in enterprises within their locality as prescribed in Clause 5, Article 8 of Decree No. 03/2014/NĐ-CP before June 15 and December 15 each year according to Models No. 06 and 08 issued together with this Circular.
Article 7. Establishment, Management, and Use of Labor Management Books
1. Within thirty days from the date of commencement of operations, employers must establish labor management books at their headquarters, branches, and representative offices.
2. Employers have the right to choose the form of labor management book in paper or electronic format suitable for management needs but must ensure the following basic contents about workers:
a) Full name, gender, year of birth, nationality, address, identification card number (or passport);
b) Professional technical qualifications;
c) Skill level;
d) Job position;
đ) Type of labor contract;
e) Start date of employment;
g) Participation in social insurance, health insurance, unemployment insurance;
h) Salary;
i) Promotion and salary increase;
k) Number of annual leave days and reasons;
l) Overtime hours (on regular days; weekly rest days; annual leave; holidays);
m) Enjoyment of social insurance, health insurance benefits;
n) Vocational training, education, and skill enhancement;
o) Labor discipline and material responsibility;
p) Work-related accidents and occupational diseases;
q) Termination date of the labor contract and reasons.
3. Employers are responsible for recording and entering complete information about workers when the labor contract becomes effective and updating information when there are changes in the labor management book.
4. Employers are responsible for managing and using the labor management book for its intended purpose and presenting it upon request by the Department of Labor - Invalids and Social Affairs; the Provincial Department of Labor - Invalids and Social Affairs where the headquarters, branches, and representative offices are located; the Inspectorate of the Ministry of Labor - Invalids and Social Affairs, and other relevant state agencies.
Chapter IV
IMPLEMENTING PROVISIONS
Article 8. Effective Date 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect.
1. This Circular takes effect from October 20, 2014.
2. This Circular replaces Circular No. 06/1998/TT-BLĐTBXH dated April 15, 1998 on guiding the declaration of labor utilization when enterprises commence operations and reporting the termination of labor utilization when enterprises cease operations; Joint Circular No. 29/1999/TTLT-BLĐTBXH-BQP dated December 6, 1999 of the Ministry of Labor - Invalids and Social Affairs and the Ministry of Defense on guiding the declaration of labor utilization when enterprises commence operations, reporting labor utilization during enterprise operations, and reporting the termination of labor utilization when enterprises cease operations for enterprises under the military; and Circular No. 20/2003/TT-BLĐTBXH dated September 22, 2003 on guiding the implementation of certain provisions of Government Decree No. 39/2003/NĐ-CP dated April 18, 2003 on recruiting labor.
3. Enterprises, agencies, and organizations established and operating before the date this Circular takes effect must establish labor management books at their headquarters, branches, and representative offices within thirty days from the date the Circular takes effect.
Article 9. Responsibility for implementation
The Provincial Department of Labor - Invalids and Social Affairs and related agencies, enterprises, organizations, and individuals are responsible for implementing this Circular.
In the course of implementation, if there are difficulties, please reflect them to the Ministry of Labor - Invalids and Social Affairs for timely guidance. concerning the Labour Code /
DEPUTY MINISTER
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