Directive No. 4549/CT interprets the right to self-recruitment of civil servants and employees of state-owned enterprises according to Decision No. 130/TTg. Enterprises have the right to self-recruit but must comply with plans approved by the State and regulations of the Ministry of Labor.
Scope of application
State-owned enterprises
Key points
- State-owned enterprises have the right to self-recruit workers and employees based on their own standards (health, technical expertise) (Article 3 of the Directive).
- Recruitment must comply with manpower plans approved by the State and labor distribution guidelines from the competent authority.
- Enterprises may not recruit directly but must go through the labor department for allocation (Article 3 of the Directive).
- In cases where the labor department does not introduce qualified individuals, enterprises have the right to refuse or hire others to ensure production plans.
🌐 Social impact of this document
- Strengthening autonomy in recruitment for state-owned enterprises helps meet appropriate manpower needs.
- Reducing random hiring without going through the labor department contributes to stabilizing the labor market.
- The labor authority is responsible for introducing qualified individuals to state-owned enterprises.
❓ Frequently asked questions
Do state-owned enterprises have the right to self-recruit workers and employees?
Yes, but must comply with plans approved by the State and regulations of the Ministry of Labor.
If the labor department does not introduce qualified individuals, what rights do enterprises have?
Enterprises have the right to refuse or hire others to ensure production plans.
Full text
DIRECTIVE
OF THE PRIME MINISTER GOVERNMENT DECISION NO. 4549/TTG DATED JULY 1, 1957 EXPLAINING THE RIGHT TO SELF-HIRING OF WORKERS AND EMPLOYEES BY STATE ENTERPRISES IN DECREE NO. 130/TTg
Respected Ministries,
On April 4, 1957, the Prime Minister of the Government issued Decision No. 130/TTg regarding the implementation in stages of economic accounting systems to strengthen business management by state enterprises.
Clause 3 under Section II states: State enterprises have the right to independently decide on expenditures for production and hiring workers and employees according to the plan, provided that they comply with plans approved by the State.
This means: State enterprises implementing economic accounting systems have the right to self-hire labor based on their own standards (health, professional skills) under the condition of complying with labor plans approved by the State, following the distribution and recommendation of the Labor Department. During hiring, they must adhere to principles and procedures stipulated by the Ministry of Labor, and cannot hire arbitrarily but must go through the Labor Department for distribution.
In cases where the Labor Department fails to distribute and recommend qualified individuals, enterprises have the right not to accept them or to hire others to ensure production plans are met.
We request your ministries to study and implement this directive accurately to avoid possible deviations such as arbitrary hiring without going through the Labor Department, which would add difficulties to labor adjustment work.
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Le Thanh Nghia (Signed)
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