Circular No. 23/2014/TT-BLDTBXH dated August 29, 2014 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of a number of articles of the Decree No.03/2014/ND-CP Decree No. 03/2014/ND-CP detailing the implementation of a number of Articles of the Labor Code regarding employment

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Circular No. 23/2014/TT-BLDTBXH dated August 29, 2014 of the Ministry of Labor, War Invalids and Social Affairs  guiding theimplementation of a number of articles of the Decree No.03/2014/ND-CPDecree No. 03/2014/ND-CP  detailing the implementation of a number of Articles of the Labor Code regarding employment

Pursuant to the Government s Decree No. 106/2012/ND-CP dated 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.03/2014/ND-CP dated January 16, 2014 on detailing the implementation of several articles of the Labor Code in respect of employments;

At the request of the Director of Department of Employment,

The Minister of Labor, War Invalids and Social Affairs hereby promulgates the Circular on providing instructions on implementing several provisions of the Government’s Decree No.03/2014/ND-CP dated January 16, 2014 on detailing the implementation of several articles of the Labor Code in respect of employments (hereinafter referred to as the Decree No.03/2014/ND-CP).

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Circular shall herein provide guidance on objectives for creating additional employments, labor recruitment, report on labor utilization, formulation and management of employment logbooks in accordance with the Decree No.03/2014/ND-CP.

Article 2. Subject of application

Applicable entities of this Circular is the applicable entities regulated in Article 2 of the Decree No. 03/2014/ND-CP.

Chapter II

OBJECTIVE FOR ADDITIONAL EMPLOYMENTS

Article 3. Employee quantity for additional employments

1. Employee quantity for additional employments as stipulated in Clause 1 Article 3 of the Decree No.03/2014/ND-CP refers to the increasing or decreasing employee quantity for additional employments for the current reporting period in comparison with the number of employees provided with employments for the previous reporting period.

2. Employee quantity for additional employments is classified by their residence in urban or rural areas; economic sectors and gender.

3. Based on information about employments of employees who legally reside in local areas, a report on the employee quantity for additional employments shall be compiled in accordance with the law on labor market information.

Article 4. Report on the achievement of objectives for creating additional employments

1. The People’s Committee of a hamlet, ward or town with the help of the Division of Labor, War Invalids and Social Affairs shall send an annual report on the achievement of objectives for creating additional employments that takes place at their local areas to the People’s Committee of a provincial or urban district, or a provincial city (hereinafter referred to as the district-level People’s Committee) before every November 25 by completing the form No.01 hereto appended.

2. The district-level People’s Committee with the help of the Department of Labor, War Invalids and Social Affairs shall send an annual report on the achievement of objectives for creating additional employments that takes place at their local areas to the People’s Committee of a central-affiliated city and province (hereinafter referred to as the provincial People’s Committee) before every December 05 by completing the form No.02 hereto appended.

3. The provincial People’s Committee shall then send a final report on the achievement of objectives for creating additional employments for submission to the Ministry of Labor, War Invalids and Social Affairs before every December 15 by completing the form No.03 hereto appended.

Chapter III

LABOR RECRUIMENT AND MANAGEMENT

Article 5. Procedures and processes for labor recruitment

1. The public disclosure of regulations set out in Clause 1 and Clause 4 Article 7 of the Decree No.03/2014/ND-CP shall be carried out by means of the followings:

a) Posting an employment advertisement at the employer s main office, branches or representative offices where job vacancies are available;

b) Advertising job vacancies through the mass media.

2. Employment application form as stipulated at Point a Clause 2 Article 7 of the Decree No.03/2014/ND-CP shall adhere to the form No.04 hereto appended.

3. Any job candidate who wishes to take their application back as prescribed in Clause 5 Article 7 of the Decree No.03/2014/ND-CP must send a written request within a period of 03 months from the date on which the final result of labor recruitment is announced.

Article 6. Labor utilization’s report

1. Employment application form as stipulated at Point a Clause 1 Article 8 of the Decree No.03/2014/ND-CP shall adhere to the form No.05 hereto appended.

2. Employers must annually report any change in their labor utilization as stipulated in Clause 2 Article 8 of the Decree No.03/2014/ND-CP before May 25 and November 25 by completing the form No.07 hereto appended.

3. The Division of Labor, War Invalids and Social Affairs must annually report the registration of employees and change of labor utilization of local enterprises under the Division’s administrative direction as stipulated in Clause 4 Article 8 of the Decree No.03/2014/ND-CP before June 05 and December 05 by completing the Form No.06 and 08 hereto appended.

4. The Department of Labor, War Invalids and Social Affairs must annually report the registration of employees and change of labor utilization of local enterprises under the Department’s administrative direction as stipulated in Clause 5 Article 8 of the Decree No.03/2014/ND-CP before June 15 and December 15 by completing the Form No.06 and 08 attached herein.

Article 7. Formulation, management and use of employment logbooks

1. Within a period of 30 days as from the date on which the enterprise has started running their business operations, employers must keep the employment logbook at their main office, branches or representative offices.

2. Employers have the right to decide whether such employment logbook shall be kept in paper or electronic copies, which must meet the employer s management needs but also enclose basic information about employees as follows:

a) Full name, gender, year of birth, nationality, residence and ID (or passport) number;

b) Professional and technical qualifications;

c) Vocational grades and skills;

d) Job title;

dd) Type of employment contract;

e) Start date;

g) Participation in social insurance, health insurance and unemployment insurance;

h) Salary or wage;

i) Pay raise;

k) The number of annual leaves and specific reasons;

l) Overtime hours (on weekdays, weekends, annual leaves and public holidays);

m) Social and health insurance benefits;

n) Opportunities to have access to vocational education or training, professional and skills development courses;

o) Labor discipline and material responsibility;

p) Occupational accidents and diseases;

q) Time of employment contract termination and specific reasons.

3. Employers must be responsible to record detailed information about employees right after the employment contract comes into force as well as keep the employment logbook up to date by entering any change to information about employees.

4. Employers must be responsible to manage and use the employment logbook for the right purpose and make it available whenever it is requested by the Division of Labor, War Invalids and Social Affairs; the Department of Labor, War Invalids and Social Affairs at an area where the employer’s main office, branches and representative offices are located; inspectorate of the Ministry of Labor, War Invalids and Social Affairs, and relevant regulatory agencies.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 8. Implementation effect

1. This Circular takes effect on October 20, 2014.

2. This Circular supersedes the Circular No.06/1998/TT-BLDTBXH dated April 15, 1998 on providing instructions on registration of employees right after the enterprise starts their business and report on the termination of employment contracts whenever the enterprise is dissolved; the Circular No.29/1999/TTLT-BLDTBXH-BQP dated December 06, 1999 of the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of National Defense on providing instructions on registration of employees right after such enterprise starts their business, report on the enterprise’s labor utilization during their business operation, and report on the termination of employment contracts in respect of military-run enterprises, and the Circular No.20/2003/TT-BLDTBXH dated September 22, 2003 on providing instructions for the implementation of a several provisions of the Government’s Decree No.39/2003/ND-CP dated April 18, 2003 on labor recruitment.

3. As regards enterprises, agencies and organizations that have been established and started their business operations before this Circular comes into force, employers must keep an employment logbook at their main offices, branches and representative offices within a period of 30 days as from the effective date of this Circular.

Article 9. Implementation responsibilities

The Department of Labor, War Invalids and Social Affairs, relevant agencies, enterprises, organizations and individuals shall take full responsibility for the implementation of this Circular.

Any difficulties arising in the course of implementation of this Circular shall be reported to the Ministry of Labor, War Invalids and Social Affairs for any timely guidance.

For the Minister

The Deputy Minister

Nguyen Thanh Hoa

*All Appendices are not translated herein.