Circular No.: 02-LĐ/TT Regarding the guidance on promoting recruitment work for workers and officials at enterprises in accordance with Directive No. 2477/NC dated June 20, 1959 of the Prime Minister and Directive No. 161/CP dated October 12, 1961 of the Council of Ministers.

CIRCULAR

OF THE MINISTRY OF LABOUR NUMBER 2/LD-TT ON 12 FEBRUARY 1962
GUIDING THE PROMOTION OF RECRUITMENT WORK FOR PERMANENT WORKERS AND STAFF IN ENTERPRISES
ACCORDING TO DIRECTIVE NO. 2477/NC OF THE PRIME MINISTER ON JUNE 20, 1959
AND DIRECTIVE NO. 161/CP OF THE STATE COUNCIL ON OCTOBER 12, 1961
(This Circular supplements Circular No. 13-LD/TT dated July 8, 1959 of the Ministry of Labour)
RESPECTFULLY SUBMITTED TO: Ministries and sectors at the central level

THE MINISTER OF LABOR

Administrative committees of regions, cities, and provinces

ALSO SUBMITTED TO: Vietnam General Confederation of Labour

Departments of Labour

To meet the demand for labour to serve production and construction, from the restoration of peace until now, many workers and staff have been recruited continuously and regularly into state agencies and enterprises, contributing significantly to the successful completion of state plans, improving the material and cultural life of the masses, and building a growing workforce of workers and staff. Alongside these achievements, generally we have not fully implemented the spirit of Directive No. 2477/NC dated June 20, 1959 of the Prime Minister. After more than two years of implementing the recruitment policy, up to now, the number of workers and staff working continuously and regularly in enterprises who have not been officially recruited remains high (accounting for 46.92% of the total). Among them, workers and staff working continuously have formed two forces called "within the establishment" and "outside the establishment," and referred to inconsistently such as temporary, fixed-term, permanent, contract, etc. This situation has led to unreasonable preferential treatment, limiting the implementation of the principle of distribution according to work, causing concerns among the masses, weakening internal unity among workers and staff, and adversely affecting production.

In order to address these shortcomings, Directive No. 161-CP dated October 12, 1961 of the State Council reminded all sectors and levels to promote recruitment work for workers and staff in accordance with the spirit of Directive No. 2477-NC dated June 20, 1959 of the Prime Minister.

Up to now, the Government has issued social insurance regulations for all workers and staff working continuously and regularly in state agencies and enterprises. However, among workers and staff, some are officially recruited while others are not. This is an inconsistency that needs to be resolved promptly.

While awaiting the Government's issuance of a new unified regulation on recruitment and termination for workers and staff in both administrative and production sectors, after discussing with relevant ministries and sectors and reaching consensus with the Vietnam General Confederation of Labour, the Ministry of Labour issues this Circular to supplement Circular No. 13/LD-TT dated July 8, 1959, guiding measures to resolve existing issues left over from past recruitment deficiencies.

I. SPECIFIC TASKS TO PROMOTE RECRUITMENT WORK FOR PERMANENT WORKERS AND STAFF INTO ENTERPRISE WORKFORCES

It is necessary to unify the forms of labour utilization to promote recruitment work in the right direction.

1. Our northern economy has formed two ownership sectors: public and collective, thus the organization of labour has also formed two basic labour forces: state workers and staff and collective labour. Individual labour is gradually decreasing and only exists for a certain period. Under our system, state workers and staff have the right to work and social insurance. Depending on the development of cooperatives, collective labour has welfare funds within cooperatives, so the implementation of social welfare policies is gradually being carried out. State enterprises using a workforce of workers and staff working continuously without formal recruitment does not ensure their rights, making them uneasy about production and affecting productivity. Therefore, from now on, sectors and enterprises should unify the use of labour through two forms: permanent workers and staff and temporary workers.

- Permanent workers and staff work continuously and regularly for enterprises, directly managed and utilized by the enterprise. Workers and staff previously recruited under various forms such as temporary, fixed-term, permanent, etc., who have been continuously used year after year by the enterprise, or who have successively signed contracts, as well as those officially recruited from before to now and from now on, are uniformly referred to as permanent workers and staff.

- Temporary workers perform tasks with sporadic, seasonal, and definite time limits, and implement the labour contract regime stipulated in Circular No. 21/LD-TT dated November 8, 1961 of the Ministry of Labour.

Freelancers, concentrated contractors, and piecework contractors such as cooperative members and independent contractors receiving work assignments from enterprises do not fall under the two categories of labour mentioned above.

It is necessary to expedite the recruitment of workers and staff who have worked continuously in enterprises and meet the conditions and have completed the probationary period into the permanent workforce.

2. Enterprises need to base on approved manpower quotas, production characteristics, and requirements for manpower to determine the required permanent workforce to ensure the recruitment plan for workers and staff who have worked continuously and regularly from before to now, as stipulated in Circular No. 13/LD-TT dated July 8, 1959 of the Ministry of Labour and this supplementary circular..

Recruitment Conditions

aNow supplementing point a, section A, part III of the aforementioned Circular No. 13/LD-TT as follows::

Nay bổ sung vào điểm a mục A phần III của Thông tư số 13/LĐ-TT nêu trên như sau:

- Age and health: Generally, from 18 years old upwards, but the enterprise must consider the actual production requirements in combination with the interests of workers and officials. Since the retirement age stipulated under the social insurance regime is 55 years for women and 60 years for men, it is necessary to avoid hiring too many older people who can only work for a few years before becoming unfamiliar with their jobs and not having accumulated sufficient experience, which would be disadvantageous for production and unable to stabilize labor organization, and also affect the lives of the masses. For workers and officials who have been working in the enterprise for many years but have not yet been officially hired, their age at the time of regular and continuous employment for the State should be taken into account. In exceptional cases where there are skilled individuals essential for production and the enterprise has not yet trained a replacement, even if they have reached the retirement age, the enterprise may present to the local administrative committee to request the Ministry or the main management sector to review and approve official hiring after reaching consensus with the Ministry of Labor, provided that their health is good.

Regarding health, generally, it must meet the current job requirements, without demanding the health level required for light work to be equivalent to that for heavy work. A healthy person must be someone without chronic or long-term illnesses, not frequently sick or absent, ensuring the common working hours of the enterprise. Health checks should be based on the actual health conditions over the past period, taking into account the opinions of workers and officials combined with the observations of medical staff, without forcing everyone to obtain a health certificate from a healthcare agency like new hires. Workers and officials who were healthy when hired but whose health has declined due to prolonged production should be treated properly to continue their employment, not considered as lacking health qualifications for official hiring. For female workers, pregnancy, childbirth, young children, or multiple children should not be reasons for non-hiring, nor should lower productivity compared to male workers. For war veterans and workers injured in workplace accidents but not to the extent requiring retirement under the social insurance regime, they should still be arranged according to their remaining capabilities, not dismissed from the enterprise.

- Political standards: It is necessary to apply well the provisions in the recruitment and utilization regulations for rural laborers issued pursuant to Decree No. 36/CP dated September 9, 1960 of the Council of Ministers, avoiding strictness and narrow-mindedness while also being vigilant against political complacency. Evaluations of political standards must be extremely cautious and ensure the review principles of the local administrative committees at the provincial, municipal, and district levels when considering the transfer of a worker or official out of the enterprise.

In summary, regarding political conditions, it must adhere to the principle that those meeting the criteria are recruited, and those not meeting them are not, without deviating from state regulations, but also avoiding overly broad or restrictive evaluations that limit the transfer of workers and officials out of the enterprise. During official recruitment, attention should be paid to utilizing abilities appropriately, while arranging and strengthening the political quality of key and major parts of the enterprise based on the ideological awareness and thinking level of each worker and official.

b. Time of work and objects subject to official recruitment examination

The current objects eligible for recruitment examination are all workers and officials who have worked continuously and regularly, completing the probationary period: three months for those with specialized technical skills, six months for general laborers or other positions. This period starts from the day the worker or official began continuous work for the State, including work in other agencies or enterprises. Six months or one year is the maximum period specified for individual cases due to special reasons where the enterprise needs to further understand work capability and responsibility.

The enterprise should not prioritize certain individuals over others as was done previously. If the enterprise still has many workers and officials not yet officially recruited and cannot prepare them all at once, they should be prepared and recruited as soon as possible, but no later than the end of May 1962, to avoid delays.

Currently, there are many workers and officials in the enterprise who have worked continuously and regularly for the State, directly managed by the enterprise in all aspects, but their salaries are not included in the approved wage quota and are instead drawn from other funds such as circulation fees, production costs, enterprise funds, etc., thus not recorded in the labor wage indicators. These workers and officials are all regular workers and officials because without them, the enterprise's production plan and other operations cannot be guaranteed. The enterprise must seek the opinion of the local administrative committee and report to the main management ministry for approval before officially recruiting to avoid contradicting the approved labor wage indicators.

If the enterprise has excess personnel due to insufficient placement, adjustments should follow Circular No. 24/LĐ-TT dated November 16, 1961 of the Ministry of Labor. However, before transferring excess personnel to another enterprise, those meeting the recruitment criteria should be officially recruited first so that the new employing agency does not need to investigate and research their files, causing delays in recruitment.

c. Procedures for file and documents:

The files of workers and officials who have exceeded the probationary period mainly consist of the initial files when they were hired. Any documents needed to be supplemented should be added immediately, and those no longer necessary should be discontinued. Previous background checks reviewed by the local administrative committee do not need to be redone. Relying solely on files and documents provides only partial information; it is also necessary to base decisions on actual work performance and attitude over the past period. Therefore, unnecessary paperwork should be reduced to avoid prolonging the recruitment process due to unnecessary formalities.

d.Implementation of trade union laws in recruitment:

Before deciding on a recruitment issue, the General Director of the enterprise must reach consensus with the Trade Union Committee of the enterprise before presenting it to the enterprise Recruitment Council for collective study.

e. Examination and decision on recruitment:

In order for the review of recruitment proposals by enterprises to be accurate and swift, it is proposed that the Ministries and central sectors unify the delegation of authority to the Administrative Committees of regions, cities, and provinces to review the proposals of enterprises within the labor quota of the enterprise which has been approved by the State. Local administrative committees may delegate the decision on recruitment for workers and officials not directly managed by the Committee, after the Committee has reviewed, based on local conditions. However, for cadres responsible for departments, workshops, and above, and technical staff at the intermediate and senior levels, the review and issuance of recruitment resolutions shall still follow the principle of cadre management delegation by the State.

When the Ministries and central sectors disseminate the quotas for the number of regular workers and officials for each enterprise, they should inform the local Administrative Committees and Labor Departments so that they can monitor and urge enterprises to implement effectively.

3. Directions for resolving the issue of workers and officials who do not meet the formal recruitment criteria:

For workers and officials who do not meet the formal recruitment criteria when being laid off, they must be reviewed by the local Administrative Committee or the relevant sector. The enterprise has the responsibility to coordinate with the Labor Department and related sectors in the locality to arrange employment, such as placing them in cooperatives, organizing production units under the self-management of the masses with the support of the enterprise, or establishing waste processing facilities, etc. The local Administrative Committee needs to organize meetings to discuss solutions and assign responsibilities to sectors within the locality. While awaiting resolution, enterprises must temporarily organize contracts for these individuals to work for the enterprise for a specified period.

Workers and officials who do not meet the formal recruitment criteria may be classified as follows:

a. Elderly or weak individuals who have lost their ability to work: those who have reached retirement age and meet the criteria for retirement according to the social insurance regulations, shall be implemented according to paragraphs 4 and 5 of those regulations.

For individuals whose health has deteriorated due to long-term production or work but have not yet reached the level requiring retirement under the social insurance system, the enterprise should provide medical treatment and recuperation to arrange suitable jobs according to their health condition and avoid dismissing them. Enterprises with many workers needing to be arranged in light work may consider organizing auxiliary workshops to reasonably utilize these individuals without hindering the production lines and plans of the enterprise.

b. Individuals who are not formally recruited due to political quality issues. The enterprise needs to plan and arrange appropriate employment and pay severance benefits according to the current regulations.

II. SOME ISSUES RELATED TO THE RECRUITMENT OF REGULAR WORKERS AND OFFICIALS THAT NEED TO BE RESOLVED

1. It is necessary to strengthen the management of organizational production:

a. Regarding organizational production, many bases currently lack clear demarcation, neither becoming state-owned enterprises nor cooperatives, especially in the Internal Trade, External Trade sectors, and in agricultural, forestry, mining, and marine product processing facilities. Therefore, enterprises encounter difficulties in establishing labor quotas and recruiting regular workers and officials. It is suggested that the Ministries and sectors guide subordinate agencies and enterprises to clarify what should be organized and managed by the enterprise, and what should be left to the people's self-organized production, aiming to streamline the production management machinery, implementing the principle of cooperation between state enterprises and cooperatives. On this basis, clearly define the number of regular workers and officials of the enterprise. Similarly, for local enterprises, the local Administrative Committee needs to clearly identify which bases are state-owned enterprises and which are cooperatives. Artisans working in concentrated contracts and external workers outside the workshop, who have little relation to the production lines of the enterprise and whose work is irregular, now need to be reorganized into cooperatives or groups to add sideline occupations to stabilize their livelihoods. When implementing, sectors should consult and reach consensus with the Central Association of Cooperatives and the Ministry of Transport to develop plans to guide localities to timely and practically organize these arrangements to serve the production plans of enterprises and the overall national plan.

b. For seasonal production enterprises and food industry enterprises with regular but non-continuous work where main production workers still have to stop work for periods. If monthly wages are paid to workers during their idle time, it is unreasonable, while dismissing them would destabilize the workforce organization, fail to leverage accumulated experience of the workers, and not ensure their rights. Therefore, enterprises need to find all possible measures to make work within the enterprise more regular and continuous. Experience from some localities and sectors has combined two or three enterprises of the same nature with non-overlapping idle times to organize mobile teams of workers to produce at each enterprise for a period; or to establish additional auxiliary workshops to produce additional items. These solutions have ensured continuous work for workers and officials, not affecting their living standards, and enterprises have also recruited them into the regular workforce.

c. For construction sites of basic projects that cannot rely on the length of time of each site to establish a regular workforce of workers and officials, it must be based on the development situation and the long-term nature of the construction plan in each industry to build a regular workforce of workers and officials. Industries with construction sites of basic projects will coordinate with the Ministry of Labor to determine the number of regular workers and officials for construction work. Once the construction site is completed, they will be reassigned within the industry, combining the utilization of temporary contractual labor from local cooperatives, ensuring the consistency of two forms of employment: regular workers and officials and temporary labor. Therefore, construction sites must officially hire workers and officials who meet the recruitment conditions and have worked under a contract for more than one year. When production at the construction site is reduced or the site is dissolved, it shall be handled according to the principle of state labor adjustment. In special cases where an industry or locality needs to use contractual labor for more than one year as stipulated in Circular No. 21/LĐ-TT dated November 8, 1961 of the Ministry of Labor, the industries and localities will consult and agree with the Ministry of Labor to resolve.

2. It is necessary to improve the style of construction and implementation of the labor plan:

The general principle is to implement according to the guidance of the State Planning Commission. Below, the Ministry of Labor only mentions several points related to the recruitment of regular workers and officials so that enterprises can easily implement them.

First, enterprises need to establish labor wage quotas closely aligned with reality. For ongoing tasks that require the use of regular workers and officials, regardless of which fund the wages are paid from (as long as it is the enterprise's public fund such as circulation fund, production cost fund, social insurance fund, enterprise fund, etc.), it must be recorded in the enterprise's labor wage quota. During the implementation process, it is necessary to avoid the tendency of recruiting additional personnel solely to ensure production targets, thereby increasing costs and using labor beyond the approved quota. If adjustments to the quota are needed, careful consideration and valid reasons must be provided.

After the labor plan has been approved, it is suggested that ministries and industries guide enterprises to specifically break down the number of regular workers and officials to facilitate formal recruitment and for temporary labor, it must be implemented according to Circular No. 21/LĐ-TT dated November 8, 1961 of the Ministry of Labor.

The enterprise's labor plan must be established based on the staffing of production workers, administrative management staff, and non-production staff. Therefore, it is suggested that ministries and industries together with the Ministry of Labor set the ratio of workers and officials of each type and review the staffing plans of enterprises annually.

3. Implementing systems and benefits for newly formally recruited workers and officials

Workers and officials recruited into the regular workforce of the enterprise shall enjoy all benefits according to current regulations like those previously known as "within the establishment." Recruitment and implementation shall proceed accordingly, without backdating claims.

After recruitment is complete, solutions for meals, accommodation, and childcare must be reasonably addressed based on the actual capacity of the enterprise. Partly, this should rely on the self-reliance of workers and officials as has been done before, but the enterprise must also actively use collective welfare funds to gradually improve living conditions for workers and officials.

For workers and officials who have been eating and staying in the enterprise but now need to work outside the enterprise, initially facing difficulties with meals, accommodation, and childcare, the enterprise still bears the responsibility to continue assisting for a period of time to help them stabilize their living conditions.

III. SCOPE OF IMPLEMENTATION

This circular applies to all production units, commercial business establishments, postal services, transportation, and service enterprises managed by central and local authorities (enterprises mentioned in this circular include factories, mines, construction sites, farms, forestry farms, stores, warehouses, ports, fleets, exploration teams, survey teams, etc.).

For local enterprises that are still in trial production or unstable production, implementation may not yet be carried out, but local administrative committees need to have specific plans to be able to implement immediately once production stabilizes.

For joint public-private enterprises, workers and officials are divided into two categories:

- Workers and officials hired before the transformation into joint public-private enterprises are considered part of the regular workforce and do not need to go through formal recruitment procedures. When there is an excess of personnel, Circular No. 24/LĐ-TT dated November 16, 1961 of the Ministry of Labor shall apply.

- Workers and officials hired after the transformation and workers and officials transferred from state-owned enterprises shall be treated like workers and officials in other state-owned enterprises.

All enterprises must arrange to complete the recruitment of qualified regular workers and officials who have exceeded the probationary period by the end of May 1962.

IV. IMPLEMENTATION PLAN

To meet the requirements of production and the interests of the masses, industries and localities need to recruit tens of thousands of workers and officials in a short time. Therefore, it is suggested that ministries, industries, and localities strictly lead, allocate sufficient cadres to monitor, urge, and correct promptly any shortcomings of enterprises to ensure the recruitment process proceeds well and meets the requirements.

The general principle of implementation is:

- Actively and urgently but with thorough planning to ensure production and all other activities;

- Emphasize ideological leadership work, follow the mass line, fully consider the livelihood of the masses. During recruitment, guard against biased thinking, favoritism, narrow-minded prejudices, parochialism, and lapses in vigilance.

AT Central:

It is proposed that ministries and sectors organize reviews of recruitment work for workers and civil servants over the past two years, ensure ideological guidance from top to grassroots levels, and develop plans to implement uniformly within each sector. Sectors with few remaining unformally recruited workers may not need to organize reviews and pilot programs but should still have specific plans for enterprises.

AT Localities:

The People's Committees at provincial, municipal, and district levels shall organize reviews of recruitment work for workers and civil servants in various industries and enterprises within their localities and develop implementation plans. Local labor authorities shall be responsible before the People's Committee for inspecting, urging, and monitoring the execution.

AT Enterprises:

Depending on the situation of each enterprise, plans for implementation should be set, especially ensuring thorough preparation to proceed quickly, smoothly, and without affecting production and other activities.

The main requirement for enterprises is to create a stimulating atmosphere of competition during recruitment among workers and civil servants; after completing recruitment, apart from temporary workers, only a single workforce of regular workers and civil servants with equal responsibilities and benefits will remain in the enterprise.

The above details supplement Circular No. 13/LĐ-TT dated July 8, 1959, issued by the Ministry of Labor. It is requested that ministries, sectors, and localities develop plans to promote recruitment work to meet deadlines and ensure the effective implementation of central policies. Any issues encountered during implementation should be discussed with the Ministry of Labor to reach a unified solution.

To enable the Ministry of Labor to monitor the recruitment of people into the regular workforce and the termination of employment for regular workers, it is requested that ministries, sectors, and localities submit monthly summaries of recruitment and termination situations to the Ministry of Labor according to the attached form (1). Ministries, sectors, and localities no longer need to send resolutions and lists of recruited or terminated workers to simplify paperwork.

A. RECRUITMENT

Remarks on the recruitment situation in the month

B. TERMINATION

Remarks on the termination situation in the month.

C. EXISTING PROBLEMS AND PROPOSALS OF SECTORS AND LOCALITIES (4)

(Regarding recruitment regulations and termination regulations)

...day...month...year 196...

Head of sector or People's Committee

Signature

Note:

Sectors and localities should supplement this form appropriately based on specific circumstances, making it comprehensive yet simple.

(1) Enterprises include factories, mines, construction sites, farms, forestry areas, stores, hotels, ports, fleets, transportation units, and general service enterprises.

(2) Localities should divide into three horizontal lines to record state-owned enterprises, local enterprises, and joint public-private enterprises.

(3) In the footnote column, additional notes should be added indicating the number of people in each enterprise for easier tracking.

(4) AT Part C records existing issues and their resolution methods, suggestions for supplementing systems, etc.

- At the end of each month, if the Ministry of Labor does not receive this consolidated report, it shall be deemed that there have been no new recruitments or terminations, and the report submitted to the Prime Minister shall state "none" to facilitate relevant sectors and localities from having to submit this consolidated report in months without any recruitments or terminations. Relevant sectors and localities do not need to send additional recruitment or termination resolutions to the Ministry of Labor.

Nguyen Van Tao

                                                          (Signed)