Circular No. 27/2015/TT-BLDTBXH guiding the collection, storage, and synthesis of labor market information

CIRCULAR

Guidelines for collecting, storing, and summarizing labor market informationg

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Pursuant to the Labor Law dated November 16, 2013;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director of the Employment Department;

The Minister of Labor, Invalids and Social Affairs promulgates these guidelines for collecting, storing, and summarizing labor market information.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These guidelines provide guidance on collecting, storing, and summarizing labor market information within the authority of the Ministry of Labor, Invalids and Social Affairs as stipulated in Clause 2, Article 24 of the Law on Employment.

Article 2. Applicability

1. Workers as defined in Clause 1, Article 3 of the Law on Employment.

2. Employers as defined in Clause 2, Article 3 of the Labor Code.

3. Foreign workers working in Vietnam as prescribed by the Labor Code and related guiding documents.

4. People's Committee of communes, wards, towns (hereinafter referred to as the People's Committee of communes)).

5. People's Committee of districts, towns, provincial cities(hereinafter referred to as the People's Committee of districts)).

6. People's Committee of provinces, centrally governed cities(hereinafter referred to as the People's Committee of provinces)).

7. Other agencies, enterprises, organizations, and individuals related to the content prescribed in this Circular.

Article 3. Explanation of Terms

The labor market database consists of two parts: the supply labor database and the demand labor database:

1. The supply labor database includes basic information on demographics, general education level, vocational qualifications, educational training fields, and economic activity status of workers.

2. The demand labor database includes basic information on business types, industries, labor usage, and labor demand of employers.

Chapter II

COLLECTION OF INFORMATION ON LABOR SUPPLY

Section 1. Collecting information on supply of labor

Article 4. Subjects of collection

The subjects of collecting information on supply of labor are workers.

Article 5. Content of collection

1. Demographics including information on name, gender, date of birth, ethnicity.

2. General education level.

3. Vocational qualifications, educational training fields.

4. Engaged in economic activities:

a) For those with employment, collect information on job position, current work, workplace, type of economy;

b) For those unemployed, collect information on previous work experience or lack thereof, duration of unemployment.

5. Not engaged in economic activities due to reasons.

Article 6. Time of Collection

1. The time of collecting information is July 1st each year.

2. The period for collecting information is 30 days, starting from the collection time specified in Clause 1 of this Article.

Article 7. Implementation Methods

1. The People's Committee of communes shall organize the following actions:

a) Collect initial information and update changes in information of workers listed in household registration books or temporary residence books within their jurisdiction according to Articles 4, 5, and 6, by village, hamlet, ward, and equivalent units (hereinafter referred to as village) into the labor market information recording book - supply labor part (hereinafter referred to as the supply labor book) issued together with this Circular from July 1st to July 30th each year;hereinafter referred to as the village) into the labor market information recording book - Part Supply of Labor (hereinafter referred to as the Supply of Labor Book) issued together with this Circular from July 1 to July 30 each year;

b) Receive and hand over the supply labor book to serve the collection and entry of supply labor information according to the plan of the Department of Labor, Invalids and Social Affairs as stipulated in Point a, Clause 3 of this Article.

2. The People's Committee of districts shall direct and guide the People's Committee of communes to implement the collection of initial information and updates on changes in worker information.

3. The Department of Labor, Invalids and Social Affairs shall assist the People's Committee of provinces to organize the following actions:

a) Develop plans to organize the collection, storage, and summary of supply labor information in the locality;

b) Guide the People's Committee of districts to direct the People's Committee of communes to organize the collection of worker information;

c) Organize the entry and management of initial information and changes in worker information into the local labor market database system;

d) Transfer the supply labor data of the locality into the national labor market database system according to the guidance of the Ministry of Labor, Invalids and Social Affairs from September 1st to September 30th each year.

Section 2. Collecting information on demand for labor

Article 8. Subjects of Information Collection

The subjects of information collection on labor demand are employers.

Article 9. Content of Information Collection

1. Identification information includes name, address, type of business, and employer code.

2. Main industry and profession.

3. Wages.

4. Number of workers currently employed by gender, type of worker, employment contract, job position, general education level, and vocational technical qualification.

5. Number of workers needed by vocational technical qualification.

Article 10. Time and Duration of Information Collection

1. The time of collecting information is July 1st each year.

2. The period for collecting information is 30 days, starting from the collection time specified in Clause 1 of this Article.

Article 11. Implementation Methods

1. The People's Committee at the district level shall organize the implementation of the following tasks:

a) Recording initial information and updating information on changes of employers with headquarters, branches, and representative offices in the locality as stipulated in Articles 8, 9, and 10 into the labor market information recording book - part Labor Demand (hereinafter referred to as the Labor Demand Book).hereinafter referred to as the Demand for Labor Book) issued together with this Circular from July 1 to July 30 each year;

b) Receiving and transferring the Labor Demand Book for the purpose of collecting and entering labor demand information according to the plan of the Department of Labor, Invalids, and Social Affairs as prescribed in Point a Clause 2 of this Article.

2. The Department of Labor, Invalids, and Social Affairs shall assist the People's Committee at the provincial level in organizing the implementation of the following tasks:

a) Developing plans to organize the collection, storage, and consolidation of labor demand information in the locality;

b) Guiding the People's Committee at the district level to collect information from employers;

c) Organizing the entry and management of initial information and changes in information of employers into the local labor market database system;

d) Transferring local labor demand data into the National Labor Market Database System according to the guidelines of the Ministry of Labor, Invalids, and Social Affairs from September 1st to September 30th each year.

Section 3. Collection of Information on Foreign Workers Working in Vietnam

Article 12. Subjects of Information Collection

The subject of information collection is foreign workers working in Vietnam as stipulated in Clause 3, Article 2 of this Circular.

Article 13. Content to be collected

1. Personal information includes full name, nationality, date of birth, gender, passport.

2. Work permit.

3. Current job including information about job position and average salary.

Article 14. Time and Method of Information Collection

The time and method of information collection, and forms for collecting information shall be carried out in accordance with the regulations on the management of foreign workers working in Vietnam.

Section 4. Collection of Information on Vietnamese Workers Going Abroad Under Contracts

Article 15. Subjects of Information Collection

The subject of information collection is Vietnamese workers going abroad under contracts as stipulated in Clause 1, Article 2 of this Circular, in accordance with the Law on Vietnamese Workers Going Abroad Under Contracts.

Article 16. Content of Information Collection

1. Demographic information including full name, gender, date of birth, place of origin, passport.

2. Employment abroad including information about contract duration, departure time, profession, work address.

3. Return date and reasons.

Article 17. Time and Method of Information Collection

The time and method of information collection, and forms for collecting information shall be carried out in accordance with the Law on Vietnamese Workers Going Abroad Under Contracts and guiding documents.

Chapter III

STORAGE AND MANAGEMENT OF LABOR MARKET INFORMATION

Article 18. Storage of labor market information

1. The People's Committee at the commune level shall store the Labor Supply Register.

2. The Labor and Social Affairs Office at the district level shall assist the People's Committee at the district level in storing the Labor Demand Register and reports on labor market information.

3. The Department of Labor, Invalids, and Social Affairs shall assist the People's Committee at the provincial level in compiling and managing labor market information in the locality and transferring data to the National Labor Market Database system located at the Ministry of Labor, Invalids, and Social Affairs for storage.

Article 19. Management of the Labor Market Database

1. The People's Committees at the commune and district levels shall be responsible for managing and securing the information of workers and employers recorded in the Labor Supply Register and the Labor Demand Register.

2. The Department of Labor, Invalids, and Social Affairs shall assist the People's Committee at the provincial level in managing the labor market database of the locality; administering and operating the labor market database system of the locality.

The Department of Labor, Invalids, and Social Affairs shall be provided with an account for accessing the labor market database and shall be responsible for the use of the provided account.

3. The Ministry of Labor, Invalids, and Social Affairs shall assign the Employment Agency to take the lead and coordinate with relevant agencies in building, managing, and operating the National Labor Market Database; supporting relevant agencies and organizations in the process of accessing and using the labor market database.

Chapter IV

COMBINATION AND DISSEMINATION OF LABOR MARKET INFORMATION

Article 20. Combination and Reporting of Labor Market Information

1. The People's Committee at the commune level shall combine and report labor market information of the commune according to the form attached to this Circular and send it to the People's Committee at the district level through the Labor and Social Affairs Office before August 10 each year. Form No. 01 issued together with this Circular shall be sent to the People's Committee at the district level through the Department of Labor - Invalids and Social Affairs before August 10 each year.

2. The Department of Labor - Invalids and Social Affairs assists the People's Committee at the district level in compiling and reporting labor market information of the district according to Form No. 02 issued together with this Circular shall be sent to the People's Committee at the provincial level through the Department of Labor - Invalids and Social Affairs before August 30 each year.

3. The Department of Labor - Invalids and Social Affairs compiles and reports provincial labor market information according to Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives issued together with this Circular shall be sent to the People's Committee at the provincial level and sent to the Ministry of Labor - Invalids and Social Affairs through the General Directorate of Employment before September 30 each year.

4. Reporting on the situation of Vietnamese workers going to work abroad under contracts and the situation of foreign workers working in Vietnam shall be carried out in accordance with the provisions of the law.

5. Reports stipulated in Clauses 1, 2, 3, and 4 of this Article shall be sent via postal service or internet transmission in accordance with the provisions of the law.

Article 21. Publicizing Information about the Labor Market

Article 21. Disclosure of Labor Market Information

1. Labor market information must be disclosed publicly within the time limit specified for each type of information and each category of recipient, except for information that must be kept confidential as stipulated in Clause 2, Article 28 of the Employment Law.

2. Means and forms of disclosing labor market information include annual reports, electronic information websites (Websites), and other publications.

3. The authorized person to disclose labor market information as prescribed in Article 24 of the Employment Law shall be responsible for the reliability of the disclosed information.

4. Labor market information disclosed by the authorized person as prescribed in Clause 3 of this Article has legal validity.

Article 22. Use of labor market information

1. Labor market information published pursuant to Article 21 of this Circular is public property. All organizations and individuals are equal in accessing and using published labor market information.

2. Any citation or use of published labor market information must be truthful and clearly indicate the source of the information.

3. It is strictly prohibited to use labor market information for activities that harm national interests, rights, and legitimate benefits of organizations and individuals.

Chapter V

IMPLEMENTATION

Article 23. Responsibilities of Information Providers

Workers and employers have the responsibility to provide truthful and complete information as prescribed in Articles 5 and 9 of this Circular.

Article 24. Responsibilities of Individuals Directly Implementing the Collection of Labor Market Information

1. Verify worker information, record in tracking books, enter data, and return documents to the original issuing entity.

2. Safeguard and maintain confidentiality of related information and documents; do not alter, erase, or damage documents and information, and bear responsibility for the accuracy and completeness of entered, compiled, and reported data as prescribed.

Article 25. Responsibilities of the People's Committee at the Commune Level

1. Manage the Labor Supply Register and organize the initial collection of information, updating changes in worker information within their jurisdiction.

2. Supervise and monitor the collection of labor supply information; compile and report labor market information as prescribed in Clause 1 of Article 20 of this Circular and submit ad hoc reports upon request from competent authorities.

Article 26. Responsibilities of the People's Committee at the District Level

1. Guide the People's Committee at the commune level in implementing tasks prescribed in Article 25 of this Circular.

2. Manage the Labor Demand Register and organize the initial collection of information, updating changes in employer information within their jurisdiction.

3. Supervise and monitor the collection of labor market information; compile and report labor market information as prescribed in Clause 2 of Article 20 of this Circular and submit ad hoc reports upon request from competent authorities.

Article 27. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. Take the lead and coordinate with relevant agencies to submit to the Provincial People's Council for approval of plans and funding for the collection, storage, and compilation of labor market information.

2. Guide the People's Committee at the district level in implementing tasks prescribed in Article 26 of this Circular.

3. Supervise and monitor the collection of labor market information; compile and report labor market information as prescribed in Clause 3 of Article 20 of this Circular and submit ad hoc reports upon request from competent authorities.

Article 28. Responsibilities of the People's Committee at the Provincial Level

1. Submit to the Provincial People's Council for budget allocation to implement the collection, storage, and compilation of labor market information.

2. Direct functional agencies to organize the collection of labor market information within their jurisdiction.

Article 29. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Assign the Employment Bureau to cooperate with relevant agencies and units to perform the following tasks:

a) Annually develop plans and budgets for printing the Labor Supply Register, Labor Demand Register, guide and support localities in collecting, storing, and compiling labor market information; manage the National Labor Market Database system;

b) Supervise and monitor the collection, storage, and compilation of labor market information by localities;

c) Compile and report labor market information and submit ad hoc reports when required.

2. Assign the Overseas Labor Management Bureau to perform the following tasks:

a) Annually develop plans and budgets to guide and support localities in collecting, storing, and compiling information on Vietnamese workers going abroad under contracts;

b) Supervise and monitor the collection, storage, and compilation of information on Vietnamese workers going abroad under contracts;

c) Compile and report information on Vietnamese workers going abroad under contracts and submit ad hoc reports when required.

3. Assign the Information Guidance Center to ensure security and safety for the National Labor Market Database system.

Article 30. Effective Date

1. This Circular takes effect from September 10, 2015.

2. Circular No. 25/2009/TT-BLDTBXH dated July 14, 2009 of the Ministry of Labor, Invalids and Social Affairs guiding the collection and processing of labor supply and demand information ceases to be effective from the date this Circular takes effect.

3. During implementation, if there are difficulties, relevant agencies, units, organizations, and individuals should promptly reflect them to the Ministry of Labor, Invalids and Social Affairs for research and appropriate amendments and supplements.