Joint Circular No. 29/1999/TTLT/BLDTBXH-BQP guiding on reporting the use of labor when enterprises commence operations, annual reports on labor use during enterprise operations, and reports on terminating labor use when enterprises cease operations for enterprises under the military.

JOINT CIRCULAR

Guidelines on reporting the use of laborwhen enterprises commence operations, reports on the use of labor during the course of enterprise operations, and reports on terminating the use of labor when enterprises cease operations for enterprises within the military

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Pursuant to Article 182 of the Labor Code and Decree No. 72/CP dated October 31, 1995 of the Government detailing and guiding the implementation of certain provisions of the Labor Code regarding employment, after consultation with relevant Ministries and the Vietnam General Confederation of Labor, the Ministry of Labor, Invalids and Social Affairs and the Ministry of National Defense issue guidelines on reporting the use of labor when enterprises commence operations, reports on the use of labor during the course of enterprise operations, and reports on terminating the use of labor when enterprises cease operations for enterprises within the military as follows:

I- SCOPE OF APPLICATION:

Enterprises within the military, including:

- Economic enterprises;

- Enterprises with foreign investment, joint ventures, and cooperative enterprises involving foreign parties (hereinafter referred to collectively as enterprises).

II- REPORTING THE USE OF LABOR WHEN ENTERPRISES BEGIN OPERATIONS:

1- An enterprise beginning operations as defined in this Circular is an enterprise established in accordance with Vietnamese law that begins using labor.

2- Within thirty days from the date the enterprise commences operations, the employer must report the use of labor to the provincial Department of Labor, Invalids and Social Affairs where the enterprise is located and the Ministry of National Defense regarding the quantity and quality of labor used by the enterprise (in accordance with Form No. 1 attached to this Circular).

III- REPORTS ON THE USE OF LABOR BY ENTERPRISES DURING THE COURSE OF ENTERPRISE OPERATIONS:

Annually, before January 15 and July 15, employers of enterprises must report to the provincial Department of Labor, Invalids and Social Affairs where the enterprise is located and the Ministry of National Defense on the situation of labor use, demand for recruiting labor, and implementation of labor policies and regulations in the previous year and the first six months of the current year (in accordance with Form No. 2 attached to this Circular).

IV- REPORTS ON TERMINATING THE USE OF LABOR WHEN ENTERPRISES CEASE OPERATIONS:

1- An enterprise ceasing operations as defined in this Circular includes the following cases: The enterprise is decided to be dissolved by an authorized authority, declared bankrupt, its operating license has expired, or the enterprise has violated laws and been deprived of its operating license by an authorized authority.

2- Within thirty days from the date the enterprise ceases operations, the employer must report to the provincial Department of Labor, Invalids and Social Affairs where the enterprise is located and the Ministry of National Defense on the termination of labor use by the enterprise (in accordance with Form No. 3 attached to this Circular)

V- IMPLEMENTATION:

1- Annually in January and July, the Ministry of National Defense reports to the Ministry of Labor, Invalids and Social Affairs on the reporting of labor use when enterprises begin operations, reports on labor use by enterprises, and reports on terminating labor use when enterprises cease operations for the previous year and the first six months of the current year (Forms No. 4, 5, and 6 attached to this Circular).

2. This Circular takes effect fifteen days after the date of issuance. Enterprises within the military shall not implement labor use reports according to Circular No. 16/LDTBXH-TT dated September 5, 1996 of the Ministry of Labor, Invalids and Social Affairs on labor recruitment. Any difficulties encountered during implementation should be reported to the Ministry of Labor, Invalids and Social Affairs and the Ministry of National Defense for study and resolution./.