Circular No. 07/2015/TT-BLDTBXH dated February 25, 2015 of the Ministry of Labor, War Invalids and Social Affairs stipulating a number of Articles of the Decree No. 196/2013/ND-CP dated November 21, 2013 of the Government defining on establishment and operation of the Career Services Center and the Decree No. 52/2014/ND-CP dated May 23, 2014 of the Government defining conditions, procedures for grant of permits for employment service activities of enterprises engaged in employment service activities

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Circular No. 07/2015/TT-BLDTBXH dated February 25, 2015 of the Ministry of Labor, War Invalids and Social Affairs stipulating a number of Articles of the Decree No. 196/2013/ND-CP dated November 21, 2013 of the Government defining on establishment and operation of the Career Services Center and the Decree No. 52/2014/ND-CP dated May 23, 2014 of the Government defining conditions, procedures for grant of permits for employment service activities of enterprises engaged in employment service activities

Pursuant to the DecreeNo. 106/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Decree No. 196/2013/ND-CP dated November 21, 2013 of the Government defining on establishment and operation of the Career Services Center hereinafter referred to as the Decree No. 196/2013/ND-CP);

Pursuant to the Decree No. 52/2014/ND-CP dated May 23, 2014 of the Government defining conditions, procedures for grant of permits for employment service activities of enterprises engaged in employment service activities(hereinafter referred to as the Decree No. 52/2014/ND-CP);

At the proposal of the Director of Department of Employment,

The Minister of the Labor - Invalids and Social Affairs promulgated the Circular stipulating a number of Articles of the Decree No. 196/2013/ND-CP dated November 21, 2013 of the Government defining on establishment and operation of the Career Services Center and the Decree No. 52/2014/ND-CP dated May 23, 2014 of the Government defining conditions, procedures for grant of permits for employment service activities of enterprises engaged in employment service activities

Article 1. Scope of application

This Circular guides the following contents:

1. Employment service contract, management of employment services and quarter reports on operation of employment services as stipulated under the Decree No.196/2013/ND-CP and the Decree No. 52/2014/ND-CP.

2. Regulations on operation of the employment service center as stipulated under the Decree No.196/2013/ND-CP.

Article 2. Subjects of application

1. The employment service center as stipulated under Article 2 of the Decree No.196/2013/ND-CP.

2. Enterprises engaged in employment services as stipulated under Article 2 of the Decree No. 52/2014/ND-CP.

3. Agencies, organizations, individuals related to regulations on implementing a number of articles of the Decree No. 196/2013/ND-CP and the Decree No. 52/2014/ND-CP.

Article 3. Employment service contract

1. Employment service centers shall sign the employment service contract as specified under Clause 1 Article 7 of the Decree No. 196/2013/ND-CP, employment service enterprises sign the employment service contract as specified under Clause 1, Article 4 of the Decree No. 52/2014/ND-CP, the employment service contract must contain the following contents: name, address of parties, value of contract, payment method, specific contents of employment services provided (quantity, quality…); methods of conducting contracts; rights and obligations of parties on performing services; responsibilities due to contract violation; settlement of disputes and other contents (if any).

2. For the employment service contract to recommend or provide labor, besides satisfying contents as mentioned under Clause 1 of this Article, it should have regulations on responsibilities of employment service centers or enterprises conducting employment services to recommend or provide labor on supervising the employment status of employees during the time that employees perform seasonal contracts or take a job under 12 months, for employment contract from 12 months or more, supervision of employment status will be in 12 months.

Article 4. Regulations of the employment service center

Regulations on operation of the employment service center as stipulated under Clause 2 Article 8 of the Decree No. 196/2013/ND-CP is guided as follows:

1. Contents of the regulations of the employment service center include: position, functions and tasks; organizational structure, functions and tasks of each department; principles of operation of employment services; working time; orders of providing services; responsibilities of setting up and managing database of labor market; regulation of cooperation; communication, supervising activities of the employment service center.

2. The Directors of agencies, organization directly managing the employment service center shall sign the Regulations on operation of the employment service center.

3. Regulations on operation of the employment service center shall be posted at the office of the employment service center.

4. Directors of the employment service center shall organize; implement the Regulations on operation of the employment service center.

Article 5. Management of employment service operation

1. The employment service center shall receive the counseling application,application of finding jobs, application of recommending or providing labor as stipulated under Clause 1, Clause 2, Clause 4 Article 5 of the Decree No. 196/2013/ND-CP according to the Form No. 01, 01a, 01b, 01c, 01d promulgated together with this Circular.

2. The employment service center, enterprises providing employment services shall supervise the employment status of employees recommended by the employment service center, enterprises providing employment services as stipulated under Clause 6 Article 8 of the Decree No. 196/2013/ND-CP and Clause 3 Article 5 of the Decree No. 52/2014/ND-CP according to the Form No. 02 promulgated together with this Circular.

Article 6. Reports on employment service activities

1. Annually, before June 15 and December 15, the employment service center shall make a bi-annual and annual report on operation of the employment service center according to the Form No. 03 promulgated together with this Circular and send it to the Department of Labor, War Invalids and Social Affairs of provinces, cities
directly under central authority (hereinafter referred to as the Department of Labor, War Invalids and Social Affairs), agencies, organizations directly managing the employment service center).

2. Annually, before June 15 and December 15, enterprises providing employment services shall make a bi-annual and annual report on employment service activities, of which clearly specify operation of each branch (if any) according to the Form No. 04 promulgated together with this Circular and send it to the Department of Labor, War Invalids and Social Affairs.

Branches operating employment services of enterprises providing employment services shall report on its operation of employment services to the Department of Labor, War Invalids and Social Affairs where it is located according to the Form No. 04 promulgated together with this Circular.

4. Annually, before June 20 and December 20, the Department of Labor, War Invalids and Social Affairs shall make a biannual and annual report on operation of local employment services according to the Form No. 05 promulgated together with this Circular and send it to the People’s Committees of provinces and cities under the central authority to report to the Ministry of Labor, War Invalids and Social Affairs.

Article 7. Effect

1. This Circular takes effect on April 10, 2015.

2. The Circular No. 20/2005/TT-LDTBXH dated June 22, 2005 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of a number of articles of the Government s Decree No. 19/2005/ND-CP of February 28, 2005, providing for the conditions and procedures for the establishment and operation of job-placing organizations and the Circular No. 27/2008/TT-LDTBXH dated November 20, 2008 of the Ministry of Labor, War Invalids and Social Affairs amending, supplementing the Circular No. 20/2005/LDTBXH-TT dated June 22, 2005 of the Government defining conditions, procedures for establishment and operation for the job recommending organizations and the Decree No. 71/2008/ND-CP dated June 05, 2008 of the Government amending, supplementing a number of Article of the Decree No. 19/2005/ND-CP shall cease to effect from the effective day of this Circular.

Article 8. Implementation responsibilities

The Department of Labor, War Invalids and Social Affairs and agencies, organizations, individuals, related enterprises shall implement this Circular.

Any problems arising in the course of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement.

For the Minister

The Deputy Minister

Nguyen Thanh Hoa