Circular No. 30/2013/TT-BLDTBXH of October 25, 2013, guiding the implementation of a number of articles of the Government’s Decree No. 44/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labor Code regarding labor contracts

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Circular No. 30/2013/TT-BLDTBXH of October 25, 2013, guiding the implementation of a number of articles of the Government’s Decree No. 44/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labor Code regarding labor contracts

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. 44/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labor Code regarding labor contracts;

At the proposal of the director of the Labor-Wages Department;

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular guiding the implementation of a number of articles of the Government’s Decree No. 44/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labor Code regarding labor contracts.

Section 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the participation in compulsory social insurance, unemployment insurance and compulsory health insurance in case an employee enters into labor contracts with more than one employer; contents of labor contracts with employees hired to work as directors of enterprises with state capital; the order and procedures for labor inspectorates to declare labor contracts to be invalid, and handling of invalid labor contracts provided in the Government’s Decree No. 44/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labor Code regarding labor contracts (below referred to as Decree No. 44/2013/ND-CP).

Article 2. Subjects of application

1. Employees defined in Clause 1, Article 3 of the Labor Code.

2. Employers defined in Clause 2, Article 3 of the Labor Code.

3. Agencies, organizations and individuals related to the contents prescribed in Article 1 of this Circular.

Section 2 

PARTICIPATION IN COMPULSORY SOCIAL INSURANCE, UNEMPLOYMENT INSURANCE AND COMPULSORY HEALTH INSURANCE IN CASE AN EMPLOYEE ENTERS INTO LABOR CONTRACTS WITH MORE THAN ONE EMPLOYER

Article 3. The first labor contract and subsequent labor contracts

1. The first labor contract under which the employer and employee are both responsible for participating in compulsory social insurance and unemployment insurance specified at Point a, Clause 1, Article 4 of Decree No. 44/2013/ND-CP is the labor contract which was signed first among labor contracts the employee has entered into.

2. The subsequent labor contract under which the employer and employee are responsible for participating in compulsory social insurance and unemployment insurance specified at Point b, Clause 1, Article 4 of Decree No. 44/2013/ND-CP is the labor contract signed immediately after the employee and employer terminate or change the labor contract under which they are participating in compulsory social insurance and unemployment insurance.

Article 4. Employees’ notices when entering into a new labor contract or modifying, supplementing or terminating signed labor contracts

1. Within 5 working days after entering into a new labor contract or modifying, supplementing or terminating a signed labor contract, an employee shall send a written notice, enclosed with a copy of the newly signed contract or modified, supplemented or terminated contract, to the employers of other labor contracts he/she has entered into. The form of such notice is provided in Appendix No. 1 to this Circular.

2. Within 30 days after entering into a new labor contract or modifying, supplementing or terminating a signed labor contract which results in a change of the employee’s and employer’s responsibility to participate in compulsory social insurance, unemployment insurance and compulsory health insurance, the employee shall send a dossier to request the employer of the labor contract responsible for participating in compulsory social insurance, unemployment insurance and compulsory health insurance to do so according to regulations.

A dossier of request for participation in compulsory social insurance, unemployment insurance and compulsory health insurance comprises:

a/ A request for participation in compulsory social insurance, unemployment insurance and compulsory health insurance, made according to the form provided in Appendix No. 2 to this Circular;

b/ The social insurance book and other relevant papers (if any), for submission to the employer of the subsequent labor contract provided at Point b, Clause 1, Article 4 of Decree No. 44/2013/ND-CP in case of changing the responsibility to participate in compulsory social insurance and unemployment insurance;

c/ The health insurance card and other relevant papers (if any), for submission to the employer of the subsequent labor contract provided at Point b, Clause 2, Article 4 of Decree No. 44/2013/ND-CP in case of changing the responsibility to participate in compulsory health insurance.

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