DECREE

Detailed rules enforce some things of the Labor Code of employment.

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Government Law Base December 25, 2001;

The Labor Code base on June 18, 2012;

At the suggestion of the Minister of Labor-Trade and Social Affairs,

The government issued a decree regulating the implementation of certain provisions of the Labor Code of employment.

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree rules the implementation of several provisions of the Labor Code of Increasing Employment only; the National Fund for employment; local employment programs and recruitment, labor management.

What? 2. Subject applies

1. The worker pursues regulation at paragraph 1 Article 3 of the Labor Code.

2. The employer pursues regulation at paragraph 2 Article 3 of the Labor Code.

3. Agency, business, organization, other individuals are related to regulatory content at Article 1 of this decree.

Chapter II

CREATING ADDITIONAL EMPLOYMENT, THE NATIONAL FOUNDATION FOR EMPLOYMENT, LOCAL EMPLOYMENT PROGRAMS, AND EMPLOYMENT.

What? 3. Just Create More

1. Only the creation of further regulation at Clause 1 Article 12 of the Labor Code is to only reflect the number of workers who have increased employment in the report.

2. The People ' s Committee to build and organize the implementation of the creation of additional employment in programs, projects, and economic development plans-05 years, annually.

3. The responsibility for reporting results made only the creation of further implementation by the following regulation:

a) Every year, the People 's Committee, the ward, the town; the people' s committee of the district, the county, the town, the city, the provincial city, is responsible for aggreging the results of the creation of only local employment, the report of the People's Committee.

b) Every year, the Provincial People's Committee, the Central Committee of the Central Committee (later known as the Provincial People's Committee) is responsible for aggregation of the results of the implementation of only local employment, the Ministry of Labor and Social Affairs reports.

4. The Ministry of Labor-Trade and Social presided over, in coordination with the Ministry of Planning and Investment Guide, inspection and report that the Government results in the implementation of only the employment of employment for up to 05 years and annually.

What? 4. National Fund for employment

1. The source of the National Fund on employment includes:

a) the state budget;

b) The support of the organization, the individual in and out of the water;

c) Other legal sources.

2. The national foundation on employment is used for the following activities:

a) For preferable lending to small and medium-term business, cooperative, collaborative organization, business households and workers to support job creation, maintenance and employment expansion;

b) Business support is struggling due to economic decline to limit workers to lose their jobs;

c) Support for the development of employment services and the labor market information system.

3. The Ministry of Labor-Trade and Social presided over, in coordination with the ministries, the Federal Prime Minister ' s affiliated body that enacted the management mechanism, which uses the National Fund for Employment.

4. Every year, the Ministry of Labor-Trade and Social presided over, in coordination with the Ministry of Planning and Investment, the Treasury Department plans to add the state budget to the National Fund for Employment, the Prime Minister decided.

What? 5. Local employment program

1. The local employment program pursues to Clause 1 Article 13 of the Labor Code, including: Target, task primarily, subject, scope of execution, time, organization execution and mechanism, policy to implement.

2. The local economic-economic base in each period, the Provincial People 's Department of the Provincial People' s Provincial Committee building the local employment program, presented the People ' s Council to the same decision; the organization performs the program and annually reports the results of the Ministry. Labor-Trade and Social.

Chapter III

RECRUITMENT, LABOR MANAGEMENT

What? 6. Recruit

The recruitment of Vietnamese labourers works for Vietnamese employers; working in the industrial sector, the manufacturing sector, the high-tech sector and the economic zone (later known as the industrial zone) prescribed at Article 11 and Section 168 of the Ministry of Commerce. the labor law is prescribed as follows:

1. The employer has the right to directly or through the employment service organization, the employer for the hiring of labor to recruit Vietnamese workers;

2. The worker has the right to direct the employer or register at the employment service organization to find work.

What? 7. Procedulation, labor sequence

1. At least 05 working days prior to the adoption of a labor reserve registration record, employer or employment service organization or business rental business must publicly inform the need for labor. The message contents include:

a) The profession, the work, the professional level, the number required;

b) The type of contract expected;

c) The expected salary;

d) The conditions for each job position.

2. The worker registration profile of the labourers includes the following texts:

a) The registration of the draft labour in the sample provided by the Ministry of Labor-Trade and Social Affairs;

b) The copy of the documents, the proof of the degree of technical expertise; the foreign language, the requirements of the required position;

c) Health certification under the provisions of the Ministry of Health;

d) Other papers required by law.

3. When receiving a labor bill registration, employer or job service organization or business leasing business is responsible for the management of the case and informing the worker of the working time worker.

4. The employer, the employment service organization, the labor rental business has to publicly announce the results of the recruitment results for the 5-day period of work, since the date of the employment results.

5. The case of labourers who do not win or do not participate in the draft, employer or organization service organization or business rental business has to return full of draft registration records during the 5-day period of employment, You know, from the day the worker asked.

6. The employer pays the costs of the hiring of labor and is accounted for by the cost of production, business of the following expenses:

a) Press release;

b) Take on, manage the draft of the draft labor;

c) The labor enforcement organization;

d) The results of the recruitment results.

The hiring case through the employment service organization, the employer has to pay the employment of employment services to the employment services organization under the rule of law.

What? 8. Labor use report

1. In the 30-day period, since the start of the operation, employers have to show the use of labor with the Labour-Trade and Social Service or the Department of Labor and Social Affairs (for the employer of the public sector). The headquarters, the branch offices, the representative office.

2. A 6-month period and yearly, employers must report a change of labor with the Labour-Trade and Social Service or the Department of Labor and Social Affairs (for the employer of the industrial zone) where the headquarters are located, the company said. branch, representative office.

3. A 6-month period and a yearly, business rental business has to report employment numbers back to the Department of Labor-Trade and Social Affairs where the headquarters, branch, office represents.

4. A 6-month period and yearly, the Chamber of Labor-Trade and Social Affairs has the responsibility to aggregate the use and change of labor in local businesses, report the Department of Labor-Trade and Social Affairs.

5. A 6-month period and a yearly, Labor and Social Service is responsible for aggreging and changing labor in local businesses, reports Ministry of Labor-Trade and Social Affairs and the Provincial People's Committee.

What? 9. Labor management

Employers make up the number of labor management, management and use of the number under the provisions of the Ministry of Labor-Trade and Social Affairs.

Chapter IV

EXECUTION CLAUSE

What? 10. The effect of execution

1. This decree has been in effect since 15 March 2014.

2. Decree 39 /2003/ND-CP April 18, 2003 the Government regulates the details and guidelines for certain provisions of the Labor Code for the full implementation since the date of the decree is valid.

What? 11.

1. Minister of Labor-Trade and Social Affairs directed this decree.

2. The minister, the head of the peer-agency, the Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of the Central Committee and the agencies, businesses, organizations and individuals are responsible for the implementation of this decree ./