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

CIRCULAR

Guiding a number of articles of the Government’s Decree No. 03/2014/ND-CP of January 16, 2014, detailing a number of articles of the Labor Code regarding employment[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. 03/2014/ND-CP of January 16, 2014, detailing a number of articles of the Labor Code regarding employment;

At the proposal of the Director of the Employment Department,

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular guiding a number of articles of the Government’s Decree No. 03/2014/ND-CP of January 16, 2014, detailing a number of articles of the Labor Code regarding employment (below referred to as Decree No. 03/2014/ND-CP).

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the target of creation of new jobs, labor recruitment, reports on labor use, compilation and management of labor management books under Decree No. 03/2014/ND-CP.

Article 2. Subjects of application

Subject to this Circular are those defined in Article 2 of Decree No. 03/2014/ND-CP.

Chapter II

TARGET OF CREATION OF NEW JOBS

 Article 3. Number of newly employed laborers

1. The number of newly employed laborers defined in Clause 1, Article 3 of Decree No. 03/2014/ND-CP is the number indicating an increase or a decrease in the number of employed laborers in the reporting period compared with the number of employed laborers in the previous reporting period.

2. The number of newly employed laborers is categorized by urban and rural areas, economic sectors or gender.

3. The number of newly employed laborers is calculated based on information on employment of laborers lawfully residing in localities in accordance with regulations on labor market information.

Article 4. Reports on achievement of the target of creation of new jobs

1. Annually, People’s Committees of communes, wards and townships shall summarize results of achievement of the target of creation of new jobs in their localities before reporting them to People’s Committees of districts, towns and provincial cities (below referred to as district-level People’s Committees) via district-level Divisions of Labor, War Invalids and Social Affairs before November 25. Reports shall be made according to Form No. 01 promulgated together with this Circular.

2. Annually, district-level People’s Committees shall summarize results of the achievement of the target of creation of new jobs in their localities before reporting them to People’s Committees of provinces and centrally-run cities (below referred to as provincial-level People’s Committees) via provincial-level Departments of Labor, War Invalids and Social Affairs before December 5. Reports shall be made according to Form No. 02 promulgated together with this Circular.

3. Annually, provincial-level People’s Committees shall summarize results of the achievement of the target of creation of new jobs in their localities before reporting to the Ministry of Labor, War Invalids and Social Affairs before December 15. Reports shall be made according to Form No. 03 promulgated together with this Circular.

Chapter III

Labor recruitment and management

Article 5. Order and procedures for labor recruitment

1. Public notification defined in Clauses 1 and 4, Article 7 of Decree No. 03/2014/ND-CP is conducted in either of the following forms:

 a/ Posting up at headquarters, branches or representative offices at which laborers are to be recruited;

b/ Notification in the mass media.

2. Cards of registration for labor recruitment mentioned at Point a, Clause 2, Article 7 of Decree No. 03/2014/ND-CP shall be made according to Form No. 04 promulgated together with this Circular.

3. Laborers who wish to have their dossiers of registration for labor recruitment returned under Clause 5, Article 7 of Decree No. 03/2014/ND-CP shall make a written request within 3 months after the notification of recruitment results.

Article 6. Reports on labor use

1. A declaration of labor use by an employer when his/her/its operation is commenced under Clause 1, Article 8 of Decree No. 03/2014/ND-CP is made according to Form No. 05 promulgated together with this Circular.

2. An employer shall report on labor changes under Clause 2, Article 8 of Decree No. 03/2014/ND-CP before May 25 and November 25 every year. Reports shall be made according to Form No. 07 promulgated together with this Circular.

3. District-level Divisions of Labor, War Invalids and Social Affairs shall report on declaration of labor use and labor changes in enterprises in their localities under Clause 4, Article 8 of Decree No. 03/2014/ND-CP before June 5 and December 5 every year. Reports shall be made according to Forms No. 06 and 08 promulgated together with this Circular.

4. Provincial-level Departments of Labor, War Invalids and Social Affairs shall report on declaration of labor use and labor changes in enterprises in their localities under Clause 5, Article 8 of Decree No. 03/2014/ND-CP before June 15 and December 15 every year. Reports shall be made according to Forms No. 06 and 08 promulgated together with this Circular.

Article 7. Compilation, management and use of labor management books

1. Within 30 days from the date of operation commencement, an employer shall compile labor management books for localities where his/her/its head offices, branches and representative offices are located.

2. Employers may choose to compile their labor management books in documental or electronic form to meet the management requirements. Such a book must have the following principal contents on the laborer:

a/ Full name, gender, year of birth, nationality, address, identity card (or passport) number;

b/ Technical and professional qualifications;

c/ Occupational skill grade;

d/ Working position;

dd/ Type of labor contract;

e/ Time of employment commencement;

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

h/ Salary;

i/ Rank promotion and salary raise;

k/ Number of days off in a year and reasons;

l/ Number of overtime work hours (in weekdays, weekends, annual days off and public holidays);

m/ Enjoyment of social insurance and health insurance;

n/ Vocational training, training, refresher courses and improvement of occupational skills;

o/ Labor discipline and material responsibility;

p/ Labor accidents and occupational diseases;

q/ Time for termination of labor contract and reasons for termination.

3. Employers shall record all information on laborers when labor contracts remain valid and update information into labor management books upon arising changes.

4. Employers shall manage and use labor management books for proper purposes and produce them when requested by district-level Divisions of Labor, War Invalids and Social Affairs, provincial-level Departments of Labor, War Invalids and Social Affairs of localities where their head offices, branches and representative offices are located, or the Inspectorate of the Ministry of Labor, War Invalids and Social Affairs and related state agencies.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 8. Effect

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

2. This Circular replaces Circular No. 06/1998/TT-BLDTBXH of April 15, 1998, guiding the declaration of labor use upon commencement of enterprises’ operation  and reports on termination of labor use upon termination of enterprises’ operation; Joint Circular No. 29/1999/TTLT-BLDTBXH-BQP of December 6, 1999 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of National Defense, guiding the declaration of labor use upon operation commencement, reports on labor use in the course of operation and reports on termination of labor use upon termination of operation of enterprises in the Army, and Circular No. 20/2003/TT-BLDTBXH of September 22, 2003, guiding a number of articles of the Government’s Decree No. 39/2003/ND-CP of April 18, 2003, on labor recruitment.

3. For enterprises, agencies and organizations established and operating before the effective date of this Circular, employers shall compile labor management books for localities where their head offices, branches and representative offices are located within 30 days from the effective date of this Circular.

Article 9. Implementation responsibility

Provincial-level Departments of Labor, War Invalids and Social Affairs, and related agencies, enterprises, 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 prompt guidance.-

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

* All the forms promulgated together with this Circular are not translated.