Circular No. 27/2008/TT-BLDTBXH amends and supplements Circular No. 20/2005/TT-BLDTBXH on conditions and procedures for establishment and operation of job introduction organizations. This document specifies detailed regulations on enterprises, job introduction centers, duration of operation, registration files, and supervisory responsibilities.
적용 범위
Enterprises and Job Introduction Centers
핵심 사항
- Enterprises engaged in job introduction activities must comply with the Enterprise Law 2005. Enterprises established before the Enterprise Law took effect may continue their operations but not beyond July 1, 2010.
- Job Introduction Centers have the duty to provide counseling, job introductions, and collect labor market information. Enterprises also carry out similar activities.
- Enterprises must prepare registration files for Branches operating outside the provincial territory, including business licenses, job introduction activity permits, and proof of meeting the required conditions.
- The duration of Branch operation is determined according to the enterprise's permit period. When the enterprise ceases operations, it must notify the Department of Labor - Invalids and Social Affairs at least 15 days prior.
- This Circular takes effect 15 days from the date of publication in the Official Gazette.
🌐 이 문서의 사회적 영향
- Positive impact: Improving the quality of job introduction services, enhancing workers' and enterprises' rights.
- Negative impact: May increase costs for enterprises when implementing job introduction activity registration procedures.
❓ 자주 묻는 질문
Can enterprises established before the Enterprise Law 2005 continue their job introduction activities until when?
These enterprises can continue their operations but not beyond July 1, 2010.
What documents does an enterprise need to prepare to register a Branch for job introduction activities?
Registration forms, copies of business licenses, job introduction activity permits, and proof of meeting the required conditions are needed.
How is the duration of Branch operation determined?
The duration of Branch operation is determined according to the enterprise's job introduction activity permit period.
What notification must enterprises make when they cease job introduction activities?
Enterprises must notify in writing the Department of Labor - Invalids and Social Affairs where the Branch operates at least 15 days prior.
When does this Circular take effect?
This Circular takes effect 15 days from the date of publication in the Official Gazette.
전문
CIRCULAR
Amending and supplementing Circular No. 20/2005/TT-BLDTBXH dated June 22, 2005 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 19/2005/NĐ-CP dated February 28, 2005 of the Government on conditions, procedures for establishment and operation of employment service organizations and Decree No. 71/2008/NĐ-CP dated June 5, 2008 of the Government amending and supplementing some articles of Decree No. 19/2005/NĐ-CP.
__________________
Implementing Decree No. 19/2005/NĐ-CP dated February 28, 2005 of the Government on conditions, procedures for establishment and operation of employment service organizations, Decree No. 71/2008/NĐ-CP dated June 5, 2008 of the Government amending and supplementing some articles of Decree No. 19/2005/NĐ-CP (hereinafter referred to as Decree No. 19/2005/NĐ-CP amended and supplemented), the Ministry of Labor, War Invalids and Social Affairs amends and supplements Circular No. 20/2005/TT-BLDTBXH dated June 22, 2005 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 19/2005/NĐ-CP as follows:
I. AMENDING AND SUPPLEMENTING SOME CONTENTS OF CIRCULAR NO. 20/2005/TT-BLDTBXH
1. Amending Clause 2, Section I as follows:
“2. Employment service enterprises operating in accordance with Clause 2, Article 2 and Article 4 of Decree No. 19/2005/NĐ-CP amended and supplemented are enterprises established and operated in accordance with the Enterprise Law 2005 and its guiding documents.
Enterprises legally established before the effective date of the Enterprise Law 2005 which have been granted licenses for employment service operations still valid shall continue to operate employment services according to the granted licenses but not later than June 1, 2010.
Foreign-invested enterprises legally established before the effective date of the Enterprise Law 2005 but did not re-register business in accordance with Point b, Clause 2, Article 170 of the Enterprise Law 2005 shall not be eligible for issuance of employment service operation licenses.
Employment service enterprises hereinafter referred to as enterprises.”
2. Supplementing Clause 4a after Clause 4, Section II as follows:
“4a. The tasks of Centers as prescribed in Article 7 of Decree No. 19/2005/NĐ-CP amended and supplemented are guided as follows:
a) Advisory activities, including:
- Advising workers on vocational training, including choosing a profession, level of training, suitable training institutions based on their abilities and preferences;
- Advising workers on job placement, including choosing suitable jobs based on their abilities and preferences; skills for job interviews; self-employment and job search both domestically and internationally;
- Advising employers on recruitment; human resource management and development; labor utilization and job creation;
- Advising on labor policies and laws for workers and employers.
b) Employment service activities for workers, supply and recruitment of workers according to the requirements of employers, including:
- Introducing job seekers to enterprises, agencies, organizations, and individuals seeking workers;
- Supplying workers selected through recruitment applications that meet the requirements of employers;
- Recruiting workers through examinations to select those meeting the conditions and requirements of employers;
c) Activities to collect, analyze, and provide information about the labor market, including: demand for worker recruitment, job-seeking needs, labor standards, wages, and salaries in the area of operation, region, and nationwide.
d) Organizing vocational training linked to job placement in accordance with the law.”
3. Supplementing Clause 7a after Clause 7, Section III as follows:
“7a. Employment service activities of enterprises as prescribed in Article 17 of Decree No. 19/2005/NĐ-CP amended and supplemented are guided as follows:
a) Advisory activities, including:
- Advising workers on vocational training, including choosing a profession, level of training, suitable training institutions based on their abilities and preferences;
- Advising workers on job placement, including choosing suitable jobs based on their abilities and preferences; skills for job interviews; self-employment and job search both domestically and internationally;
- Advising employers on recruitment; human resource management and development; labor utilization and job creation;
- Advising on labor policies and laws for workers and employers.
b) Employment service activities for workers, supply and recruitment of workers according to the requirements of employers, including:
- Introducing job seekers to enterprises, agencies, organizations, and individuals seeking workers;
- Supplying workers selected through recruitment applications that meet the requirements of employers;
- Recruiting workers through examinations to select those meeting the conditions and requirements of employers.
c) Activities to collect, analyze, and provide information about the labor market, including: demand for worker recruitment, job-seeking needs, labor standards, wages, and salaries in the area of operation, region, and nationwide.
d) Organizing vocational training linked to job placement in accordance with the law.”
4. Supplementing Clause 10 into Section III as follows:
“10. Procedures for registering employment service activities for Branches of enterprises as prescribed in Clause 3, Article 19a of Decree No. 19/2005/NĐ-CP amended and supplemented are as follows:
a) Enterprises prepare registration documents for Branches' employment service activities outside the province or centrally-administered city where the enterprise's license was issued, including the following documents:
- Registration form for Branches' employment service activities containing main contents: Enterprise name; address; phone number, fax, email; transaction account number; business registration certificate number; employment service operation license number; General Director’s (Director’s) full name; Branch name; address, phone number, fax, email; transaction account number; Branch head’s full name; Branch activity registration certificate number; Branch employment service activity plan (according to Model No. 05a attached to this Circular);
- Copies of the business registration certificate and employment service operation license of the enterprise (certified in accordance with the law);
- Documents and papers proving that the enterprise meets all conditions for Branches to conduct employment service activities, including: copies (certified in accordance with the law) of ownership certificates or documents transferring office premises for Branches to use from competent authorities or lease contracts ensuring employment service activities for at least 36 months; equipment and facilities list serving employment service activities; Branch staff list at the time of application.
b) The Department of Labor, War Invalids and Social Affairs receives the documents and is responsible for issuing a receipt to the enterprise. The receipt clearly states the date, month, year of document receipt, contents of the documents, and response deadline.
c) Within fifteen working days from the date of receiving valid documents, the Department of Labor - Invalids and Social Affairs shall issue a Notification regarding the Branch's operation of job introduction services within its jurisdiction (in accordance with Model No. 06a attached to this Circular). In case the Department finds that the Branch does not meet the conditions for operation as prescribed by law, it must respond in writing to the Enterprise and clearly state the reasons.
5. Supplement Clause 11 to Section III as follows:
a) The period of operation of job introduction services by the Branch shall be according to the term of the license for job introduction services of the Enterprise. When the Enterprise has its license extended, the period of operation of job introduction services by the Branch will also be extended according to the Enterprise’s license without having to re-register. If the Enterprise ceases to operate job introduction services or does not wish for the Branch to continue operating such services, it must notify the Department of Labor - Invalids and Social Affairs where the Branch operates in writing at least fifteen days before the cessation of the Branch's job introduction service operations.
b) At the Branch's office, the Decision of the Enterprise assigning tasks for the Branch to operate job introduction services, the Notification of the Department of Labor - Invalids and Social Affairs regarding the Branch's operation of job introduction services, along with a copy of the License for job introduction services, and the Decisions extending the License for job introduction services of the Enterprise must be publicly posted in easily visible and accessible places such as entrances, walkways, and corridors.
c) The Branch must report periodically and urgently in accordance with Point 8, Section III of Circular No. 20/2005/TT-BLDTBXH which has been amended and supplemented, and be subject to inspection and supervision by the local Department of Labor - Invalids and Social Affairs where the Branch operates."
6. Amend and supplement the Appendix attached to the Circular as follows:
a. Supplement Appendix No. 05a, 06a to the Circular;
b. Amend and supplement the following phrases:
- "Decree No. 19/2005/NĐ-CP dated February 28, 2005 of the Government on conditions, procedures for establishment and operation of organizations providing job introduction services"; to "Decree No. 19/2005/NĐ-CP dated February 28, 2005 of the Government on conditions, procedures for establishment and operation of organizations providing job introduction services, which has been amended and supplemented by Decree No. 71/2008/NĐ-CP dated June 5, 2008 of the Government:"
- "Circular No. 20/2005/TT-BLDTBXH dated June 22, 2005 of the Ministry of Labor - Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 19/2005/NĐ-CP dated February 28, 2005 of the Government on conditions, procedures for establishment and operation of organizations providing job introduction services," to "Circular No. 20/2005/TT-BLDTBXH dated June 22, 2005 of the Ministry of Labor - Invalids and Social Affairs which has been amended and supplemented."
- "Law amending and supplementing some articles of the Labor Code 2002" to "Law amending and supplementing some articles of the Labor Code 2002 and 2006".
II. IMPLEMENTATION PROVISIONS
This Circular takes effect fifteen days after its publication in the Official Gazette.
During the implementation process, if there are any difficulties, please promptly reflect them to the Ministry of Labor - Invalids and Social Affairs for study and resolution./.
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