Circular No. 16/2015/TT-BLDTBXH dated April 22, 2015 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of a number of articles of the Government’s Decree No. 75/2014/ND-CP of July 28, 2014, detailing a number of articles of the Labor Code regarding recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam

CIRCULAR

Guiding the implementation of a number of articles of the Government’s Decree No. 75/2014/ND-CP of July 28, 2014, detailing a number of articles of the Labor Code regarding recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam[1]

Pursuant to the Government’s Decree No. 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 Government’s Decree No. 75/2014/ND-CP of July 28, 2014, detailing a number of articles of the Labor Code regarding recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam (below referred to as Decree No. 75/2014/ND-CP);

At the proposal of the director of the Employment Department,

The Minister of Labor, War Invalids and Social Affairs promulgates this Circular guiding a number of articles of the Government’s Decree No. 75/2014/ND-CP of July 28, 2014, detailing a number of articles of the Labor Code regarding recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam.

Article 1.Scope of regulation

This Circular guides the assignment or authorization of recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam; registration form for recruitment; and making of regular reports on recruitment, employment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam provided in Decree No. 75/2014/ND-CP.

Article 2.Subjects of application

Those subject to Article 2 of Decree No. 75/2014/ND-CP are subject to this Circular.

Article 3.Assignment or authorization of recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam

1. The Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs or provincial-level People’s Committees shall issue a decision to assign or authorize a competent organization to recruit and manage Vietnamese employees working for foreign organizations and individuals in Vietnam under Clause 1, Article 4 of Decree No. 75/2014/ND-CP (below referred to as an organization competent to recruit and manage Vietnamese employees).

2. Within 20 days from the effective date of the decision mentioned in Clause 1 of this Article, the Ministry of Foreign Affairs or provincial-level People’s Committees shall send one original of the decision to the Ministry of Labor, War Invalids and Social Affairs.

3. Within 30 days from the effective date of the decision mentioned in Clause 1 of this Article, an organization competent to recruit and manage Vietnamese employees shall post it up at its head office, branch or representative office and announce in the mass media its address, telephone number, functions and assigned or authorized tasks.

Article 4.Registration form for recruitment

Registration form for recruitment specified in Clause 1, Article 5 of Decree No. 75/2014/ND-CP shall be made according to form No. 1 provided in this Circular.

Article 5.Regular reports on recruitment, use and management of Vietnamese employees

1. Before June 10 and December 10 every year, a foreign organization or individual in Vietnam shall make a biannual report and an annual report on recruitment and employment of Vietnamese employees according to form No. 2 provided in this Circular. These reports shall be sent as follows:

a/ Foreign organizations and individuals in Vietnam defined at Points a, b, c and d, Clause 2, Article 2 of Decree No. 75/2014/ND-CP shall send their reports to organizations competent to recruit and manage Vietnamese employees as assigned or authorized by the Ministry of Foreign Affairs;

b/ Foreign organizations and individuals in Vietnam defined at Point dd, Clause 2, Article 2 of Decree No. 75/2014/ND-CP shall send their reports to local centers for employment service established under decisions of the Minister of Labor, War Invalids and Social Affairs or chairpersons of provincial-level People’s Committees and assigned to recruit and manage Vietnamese employees working for foreign organizations or individuals.

2. Before June 15 and December 15 every year, an organization competent to recruit and manage Vietnamese employees shall make a biannual report or an annual report on recruitment and management of Vietnamese employees working for foreign organizations or individuals in Vietnam according to form No. 3 to this Circular. These reports shall be sent as follows:

a/ Organizations which are assigned or authorized by the Ministry of Foreign Affairs shall report to the Ministry of Foreign Affairs;

b/ Centers for employment service which are established by the Minister of Labor, War Invalids and Social Affairs shall report to the Ministry of Labor, War Invalids and Social Affairs and provincial-level Department of Labor, War Invalids and Social Affairs of localities where they are headquartered;

c/ Centers for employment service which are established under decisions of chairpersons of provincial-level People’s Committees shall report to provincial-level Departments of Labor, War Invalids and Social Affairs.

3. Before June 20 and December 20 every year, the Ministry of Foreign Affairs and provincial-level People’s Committees shall, within their scope of management, send to the Ministry of Labor, War Invalids and Social Affairs a biannual report and an annual report on recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam, made according to form No. 03 provided in this Circular.

Article 6.Effect

1. This Circular takes effect on June 6, 2015.

2. The Ministry of Labor, War Invalids and Social Affairs’ Circular No. 09/1999/TT-BLDTBXH of March 15, 1999, guiding the implementation of a number of articles of the Government’s Decree No. 85/1998/ND-CP of October 20, 1998, on recruitment, use and management of Vietnamese employees working for foreign organizations and individuals in Vietnam, ceases to be effective from the effective date of this Circular.

Article 7.Implementation responsibility

Organizations competent to recruit and manage Vietnamese employees working for foreign organizations and individuals, provincial-level Departments of Labor, War Invalids and Social Affairs, foreign organizations and individuals in Vietnam and related agencies, organizations and individuals shall implement this Circular.

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

For the Minister of Labor,
War Invalids and Social Affairs
Deputy Minister
NGUYEN THANH HOA

* All forms provided in this Circular are not translated.