Circular 01/2014/tt-Bldtbxh: Detailed Rules And Instructions For Making A Number Of Articles Of Decree No. 55/2013/nd-Cp On 22/5/2013 Details The Government's Enforcement Of Paragraph 3 To Article 54 Of The Lu ...

Original Language Title: Thông tư 01/2014/TT-BLĐTBXH: Quy định chi tiết và hướng dẫn thực hiện một số điều của Nghị định số 55/2013/NĐ-CP ngày 22/5/2013 của Chính phủ quy định chi tiết thi hành khoản 3 điều 54 của Bộ lu...

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DEPARTMENT OF LABOR-COMMERCE AND SOCIETY
Number: 01 /2014/TT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 8, 2014

IT ' S SMART

Detailed rules and guidelines that perform some of the N Number one. 55 /2013/NĐ-CP November 22, 2013 - The government rules out the details of your three-thing 54. B The rules L The dynamic pool of employment licensing, the signing of the fund, and the job portfolio is done for hiring labor. g

____________________

The Code of Code. L It was on June 18, 2012.

Base of Decree Stain. 55 /2013/NĐ-CP 22nd 22nd Ah! 5 in 2013 by the Government to rule out the 3-Go exam Okay. 54 of the Code L The incentive for the licensing of labor reemployment, the signing of the fund, and the work portfolio is done for labor rehiring;

Base of Decree Stain. 106 /2012/NĐ-CP 20th Ah! 12-Year 2012 of Government Functional Regulation, Mission, Regulation Okay. Limit and structure socket function of the Ministry of Labor-Trade Tragic. And society. .

On the recommendation of the Chief Justice Oh,

Minister of Labor-Trade i And the Social Executive Committee provides details and guidelines that implement some of the provisions of the Fourth Protocol. 55 /2013/NĐ-CP May 22, 2013 the Government regulates the implementation of the Act 3 Section 54 of the Labor Code on the licensing of labor reemployment, the signing of the fund, and the work portfolio made for labor rehiring.

Chapter 1

GENERAL REGULATION

What? 1. The adjustment range

This information provides regulatory procedures, resupply, extension, and revoking the operating license for labor rehiring, the regime reporting employment rehiring labor under the Digital Protocol. 55 /2013/NĐ-CP May 22, 2013 of the Government stipulate the implementation of the Act 3 Section 54 of the Labor Code on the licensing of labor reemployment, the signing of the fund, and the work portfolio made for the rehiring of the labor (later called the Digital Protocol). 55 /2013/NĐ-CP).

What? 2. Subject applies

This information applies to the employer to the employer (later known as the rental business), the employer, the employer, and the agencies, the organization, the other person involved in the labor lease operation.

What? 3. The record confirms foreign business activities that specialize in business rehiring.

1. Foreign enterprises specializing in business releasing labor under Point A 3 Article 6 Digital Protocol 55 /2013/NĐ-CP It ' s a business that has manufacturing operations, and business is working for hiring labor.

The profile to determine is that the business operating business for the rehiring of labor includes one of the following texts:

a) The business registration license of the business, which works for the leadback of labor as licensed content;

b) The operating permit for the leadback of labor provided by the competent authority of the country at the level;

c) The other text provided by the competent authority of the country at the level of the business to conduct the labor lease operation.

2. The document demonstrates the active experience in the field of hiring labor under Point 3 Article 6 of the Digital Protocol 55 /2013/NĐ-CP is the contract that the business has conducted a labor leadback operation, which represents the time of labor rehiring that has been licensed under the state-based regulation and relevant documents (if any).

What? 4. Profile of the location of the headquarters, branch, representative office of the rental business.

Valid papers prove to the case where the location is based, the branch, the representative office of the business is the owner of the person in the name of the business register under Article 7 of the number. 55 /2013/ND-CP, including one of the papers such as the Land Use Certificate of Land, the ownership of the person's residence.

What? 5. The head of the business, branch, office representing the rental, the manager, who holds the key title of the rental business.

1. The head of the business, branch, representative office of the rental business under Article 8 Digital Protocol. 55 /2013/NĐ-CP is a business owner for private enterprise, company owner or authorized representative of the company owner to a limited liability company a member, member or member authorized member of the member to a member of the company. A two-member LLC, a shareholder or a representative under the shareholder's mandate for the holding company, a member of the company's name for the company of the company.

2. The head of the rental business must prove to have a working experience in the field for rehiring labor under paragraph 2 Article 8 digital decree. 55 /2013/NĐ-CP by the contract of management, operating the labor lease or the contract on management, operating the labor supply operation.

The background of the value of the head of the rental business is prescribed by the template at Annex II issued by this message.

3. The manager, who holds the key title of the rental business under Article 9 digital decree 55 /2013/NĐ-CP is a Director or General Manager, Chief Accounting Officer and other manager stipulated in the Rules of the Enterprise or the positions appointed by the competent person in the business to the titles in the rental business executive board.

What? 6. The case moves the location of the headquarters, branch, representative office of the rental business.

1. The rental business is entitled to the location of the headquarters, branch, its representative office ahead of the specified deadline at paragraph 2 Article 10 of the Digital Protocol. 55 /2013/ND-CP, in the following circumstances:

a) fire of fire;

b) Collapse, damage, landslides caused damage;

c) Dissolving by the decision of the competent organ;

d) Other cases of resistance.

2. Text to the Department of Labor and Social Affairs on the transfer of the headquarters, the branch, the representative office of the rental business must be accompanied by the confirmation papers of the People ' s Committee, the ward, the town for the case. specifies at the point a, point b 1 This Article or the recognition paper of the authority with the authority above the case is specified at the point of Article 1 This Article.

Chapter 2

LEVEL PROCEDURE, REORDER, EXTENSION AND RECOVERY OF THE OPERATING PERMIT FOR LABOR REHIRING

What? 7. Order-level, reorder, renew the Operations License for Labour rehiring

1. The business is responsible for sending directly, full of a 1-order Department of Records, resupply, extension of the operating permit for rehiring labor under regulation at Article 11 Digital Protocol 55 /2013/NĐ-CP to the Department of Labor-Trade and Provincial Affairs, the city where the business set its headquarters to recommend the appraisal of the proposed Record, grant, renew the Employment License for Labour rehiring (later known as License), at the same time sending 01 records on the Labor Department. -Trade and Social Services to proceed with a radical, radical, license extension.

In case of a filing, the business ' s appraisal proposal does not fully submit to the prescribed documents in the primary, radical, licensing, extension of the license, then within 3 working days from the date of receiving the appraisal, Labor Department-Trade and Social Services. The party is responsible for informing the business of the offer to add to the missing documents.

2. When receiving the offer profile, reissue, renew the License, the Department of Labor and Social Affairs is responsible for the tracking and receipt of receipt for the business, in receipt of the date, month, year of filing, documents included in the document. file and time of reply.

The Department of Labor-Trade and Social Affairs has the responsibility to determine the validation of the contents of the filing within 30 working days, since the date received full of valid records and sent the results of the case appraisal of the same 01 copy of the proposed, radical, extend the business ' s license to the Ministry of Labor-Trade and Social Affairs (Legal Affairs).

3. Minister of Labour-Trade and Social Affairs based on the proposed Record, grant, extension of the business and the results of the case appraisal of the Department of Labor-Trade and Social Affairs, as well as other regulations relevant to conduct the granting, grant, family and family. restrict or do not grant, grant, renew the License under the prescribed deadline at paragraph 2 Article 13 of the Digital Protocol. 55 /2013/NĐ-CP And there ' s an answer to the business, and then we send it to the Department of Labor, the Trade and Social Services, which is going to take the appraisal of the proposal, grant it, renew the license to the decision.

What? 8. Proposition Profile, reissued, renew the license

1. Proposition Profile, reissue, extension of the License that includes the written documents prescribed at Article 11 Digital Protocol. 55 /2013/NĐ-CP.

2. For the case of a license extension or a new licensing offer, the rental business must proceed to submit a renewal of a renewal offer or a new level of License under regulation at Article 7 of this Information, before 90 days of employment from the time of full effect. of the license.

3. For the case of a proposal to re-issue the license issued by the fire, which is lost, in addition to the written documents prescribed at 1 Article, the rental business must be sent with the confirmation of the Committee on the Board of the People's Committee, the ward, the town about the loss, which is burned down.

In the case of a repetition of the license to be reissued by the damage, the rental business is responsible for sending a copy of the License attached to the Record offer to the Department of Labor-Trade and Social Affairs to recommend the appraisal and submission of the License to the Ministry of Labor-Trade And the Law and Society of the United States of the United States of the United States of the United States of the United States of France

What? 9. The operating permit for labor rehiring

1. The operating permit for rehiring labor under paragraph 1 Article 12 of the Digital Protocol 55 /2013/NĐ-CP It ' s a 1-page printed on the cardboard white paper, which has a blue, blue-shaped flower, a black print, a black border, and a full range of content prescribed by the Appendix I, which is issued in the United States. 55 /2013/NĐ-CP.

2. The case of license has been renewed 02 times by paragraph 2 Article 12 of the Digital Protocol 55 /2013/NĐ-CP The rental business continues to have the need for labor rehiring after the expiration of the licensing period, then the business conducts new licensing procedures to continue the labor lease operation.

3. For the business case operating business manufacturing in the form of service supply, which the worker has been employed by the business, then is transferred to the business of other employers to perform a job and to do so. is not subject to the executive, the manager of the employer directly or indirectly, as required to comply with regulations of: labor labor; collective labor agreement; time of work; time of rest; safety of labor-sanitation; labour discipline and the physical responsibility of employers throughout the course of the provision of the service, it is not mandatory for the use of service. We have to issue a license to conduct that business.

What? 10. Case reissued, swap permits

1. The rental business was issued to the license again when the license was lost, burned, damaged.

2. The rental business is legally traded when reissued a Business Registration Certificate due to a change in the business registration content in the event of sufficient regulatory capital regulation at Article 5 Digital Decree No. 1. 55 /2013/NĐ-CP within 20 working days, after sending the case of a proposal to change the license to the Ministry of Labor-Trade and Social Affairs (Legal Affairs) together with the text proving qualified capital of the capital is stipulated at Article 6 of the Digital Protocol. 55 /2013/NĐ-CP.

What? 11. Public License.

1. In the 10-day period, since the date is granted, renew the license, the rental business must have an informed document accompanied by a copy of the license to send the Department of Labor-Trade and Social Affairs, the city where the business is headquartered and publicly listed. a copy of the license at the headquarters of the business.

2. In the 30-day period, since the date of being granted or in exchange of the license, the business must post a license content on an electronic paper for 5 consecutive days.

What? 12. Senior Profile appraisation, grant extension, renew the license

1. The Department of Labor-Trade and Provincial Socialists, the city where the business is based on the regulatory base of the Digital Protocol 55 /2013/NĐ-CP and the Articles 3, 4, 5, 6, 7 of this April as well as other regulations are related to conduct the validation of the validation of the proposed Record, grant, renew the license.

During a case appraisal that found the business declared false or forgery of the contents of the proposed record, the grant, the extension, the Department of Labor-Trade and the Provincial Society, the central city centre where the Profile is responsible. recommended the Minister of Labor-Trade and Society to revok the license on the new, radical case, renew for a five-day period of work, since the date of the above behavior.

2. In case of need, the Department of Labor-Trade and Social Affairs requires the business to report the problems of the Case Content; recommend the relevant agency for a written opinion on the issues subject to the contents of the proposed Record, grant, extension. License. The business is responsible for providing information, documentation for the appraisal of the Profile.

What? 13. The order revoking the operating license for labor rehiring

1. The Department of Labor-Trade and Social Affairs has a responsibility to recommend the Minister of Labor-Trade and Society revoking the license of the rental business when this business belongs to one of the cases prescribed at Clause 1 Article 14 of Parliament. 55 /2013/NĐ-CP or do not renew the new level, grant, renew the license or not renew the license, renew the license.

2. Minister of Labour-Trade and Society decided to revoking the prescribed license at Article 13 of the decree. 55 /2013/ND-CP, At the same time announcing the recall of the license to the Provincial People's Committee, the city's central city, where the business is headquartered.

3. In the 15-day period since the day the Minister of Labor-Trade and Social Affairs have decided to revoking the license, the rental business must submit to the Ministry of Labor-Trade and Social Affairs (The Legal Affairs) Licensee has been granted.

What? 14. Corporate responsibility for rent when the license is revoked

1. In the 30-day period of work, since the date of the decision to revoking the license of the Minister of Labor-Trade and Social Affairs, the rental business must report by writing to the Department of Labor-Trade and Social Affairs on termination of rental activities. The labor consists of the following:

a) Contract lease contracts are in effect;

b) The number of labourers rehiring labour is working at the leadback;

c) The number of employed workers has recruited for the more effective contracts;

d) The method of carrying out the responsibility of the employer to the contracts is valid.

In the case of a business that does not conduct labor reemployment after 6 months, since the date is issued by the prescribed license at point g 1 Article 14 digital decree. 55 /2013/ND-CP, then the business is considered to refund the fund deposit without having to make the reported content specified at this Article 1 Article after the completion of the obligation is specified at Section 3 This Article.

2. In the 20-day period, since the date received the decision to revoking the license of the Minister of Labor-Trade and Social Affairs, the rental business must publicly post the termination of the labor lease operation on an electronic paper in 07:00. The next day.

3. After the completion of the obligation to the State by regulation at Article 15 of this Smart, responsibility for the labourers to rehire under the signed contracts, the rental business for reporting by writing to the Department of Labor-Trade and Social Affairs of the Province, The city where the business of renting workers is based on the completion of the obligation, accompanied by documents that demonstrate the completion of those obligations.

The Department of Labor-Trade and Social Affairs review and has the written offer of the Minister of Labor-Trade and Society reimbursable funds for the business by regulation at Article 19 of the Digital Protocol. 55 /2013/NĐ-CP.

What? 15. Presentation, procedure of validation of the legal capital in the labor lease operation

The procedure, the procedure of confirming the legal capital when establishing the rental business or the addition of the profession to the employer of the business by regulation at Article 6 Digital Protocol 55 /2013/ND-CP, In addition to the prescribed records of business registration procedures, there must be more confirmation text of capital sent to the business regionalization agency to serve as a business registration certification or to supplement the business. following the following rules:

1. For the new established business the case confirms the legal capital of having the written documents prescribed at paragraph 2 Article 6 of the Digital Protocol. 55 /2013/NĐ-CP.

The amount of money that is made of money must have the confirmed text of the commercial bank that is allowed to operate in Vietnam on the number of founding members of the founding members. The minimum amount of deposit must be equal to the amount of money made by the founding members and only the bank after the business is granted a Business Registration Certificate.

2. For the operating business that has a need for the addition of labor industry for labor leadback, the profile of the legally confirmed capital has to have a confirmed text of the independent audit organization on the level of equity currently owned by that business. in the business ' s financial statements at the nearest time (the year of registration or the prior year adjacent to the year of registration), ensure greater or equal level of capital prescribed at the Protocol. 55 /2013/NĐ-CP (2 billion).

3. Organization, individuals directly confirming the same legal capital responsible for the accuracy, honesty of the capital at the time of confirmation.

What? 16. Business ' s obligation

The rental business has the following basic obligation:

1. Business activity in the right industry, the profession noted in the Business Registration Certificate; warrants business conditions under the rule of law when business business, business is conditional.

2. Organization of accountaction accounting, set and submit to honest, accurate financial statements, on the right deadline by law on accounting.

3. Register the tax code, prescribe taxes, pay taxes and carry out other financial obligations under the rule of law.

4. guarantee the right, the benefits of the worker by the regulation of the law on labor; the implementation of the social insurance regime, health insurance and other insurance for the labourers according to the law of insurance legislation.

5. Assure and take responsibility for the quality of goods, services according to the standard registered or published.

6. Do statistical mode according to the regulation of the statistics of statistics; periodically reporting full information about the business, the financial situation of the business with the state agency with a statutory authority under the prescribed pattern; when the discovery of the information has been prescribed. Or the inexact, incomplete report has to be in time for the amendment, the addition of that information.

7. comply with the regulation of the law on defense, security, order, social safety, resource protection, the environment, the protection of historical, cultural, and scenic sites.

8. Other obligations under the rule of law.

Chapter 3

THE REGIME REPORTED THE HIRING OF LABOR AGAIN

What? 17. The situation report for labor rehiring

1. The employment of labor rehiring is the document aggregation document, which results in the implementation of the employment of the employer of the rental business and the agencies, the organization, the relevant unit according to the rule of law.

2. The report must ensure the full, accurate, objective, timely principle.

3. The reporting of the rental business includes:

a) Report a 6-month and annual recurring pattern in Appendix I issued with this message. The report must be sent to the Ministry of Labor-Trade and Social Affairs (Legal Affairs), at the same time sending the Provincial People ' s Committee (Department of Labor and Social Affairs) where the rental business is headquartered in front of June 20 and December 20 annually;

b) The report broke out at the request of the Ministry of Labor-Trade and Social Affairs or the Provincial People's Committee, the central city of the central city;

The business case for the rental of one of the regulations at Clause 2, 3, 4 Articles 18 of this, the report is sent to the Provincial People's Committee, the central city, and the agencies, the other unit relevant under the rule of law.

What? 18. The Case of Mutant Reporting

The rental business is obligated to report a groundbreaking report on the labor-leasing operation, in the following cases:

1. Due to the requirements of the Minister of Labour-Trade and Social Affairs or the Chairman of the Provincial People ' s Committee, the central city-based city where the business is headquartered;

2. The accident of severe labour accidents or fatal labor accidents for workers renting in the process of renting the labor;

3. Enterprise for rent or rehiring labor occurs in labor dispute; strike or business lease belonging to one of the cases stipulated at Clause 1 Article 14 of the Digital Protocol. 55 /2013/NĐ-CP.

4. A new, unusual, complex, complex, direct-related, direct-related matter to the right, the legitimate interests of the parties in the labor-leasing operation.

What? 19. The report form, the method of sending reports

1. The employment of labor rehiring labor must be expressed in writing, having the signature and stamp of the head of the rental business and the associated email file.

In the case of the head of the authorized business for the manager, the holder of the key title must be signed to the administrator of the head of the business, while also sending the accompanying authorship text.

2. The employment report for the rehiring of labour is sent to the site of receiving the report by one of the following methods:

a) Send by mail.

b) Send directly.

What? 20. Report changes to the manager, who holds the key title.

When there is a change in the manager, the holder of the key title of the rental business under regulation at Article 9 of the Digital Protocol 55 /2013/ND-CP, then the business of renting labor must report the Department of Labor-Trade and Social Affairs accompanying the text of the new person ' s rationing is tasked with leading the operation to rehire labour and the documents that prove to be eligible for regulation. defined at Article 8 of the Digital Decree 55 /2013/NĐ-CP.

Chapter 4

EXECUTION CLAUSE

What? 21. The responsibility of the Ministry of Labor-Trade and Society

1. Take on the profile and grant, grant, renew the operating license for the rental of labor for the business under the rule of law.

2. Save the primary, regroup, renew the lease for the rental again.

3. Annuate businesses are licensed to work for rehiring labor.

What? 22. Responsible for the Department of Labor and Social Affairs

1. The organization propagated and dissemated the provisions of the Vietnamese labour law on the leadback of labour to the businesses for the hiring of labour, the leadback of labor and labourers renting on the site.

2. Verify that the proposed Record, grant, renew the business of the business.

3. Do the oversight of wage or compensation payment for workers renting when the business makes the withdrawal of the fund deposit in order to carry out the work above.

4. Organization, guidelines, inspection, inspection of the implementation of the provisions of the law on leasing the labor of businesses, agencies, organizations, individuals on the site;

5. The Labour and Social Minister 's petition to withdraw the fund' s funds for rent to pay for wages or compensation for rehired labourers.

For the case the business is reimbursable, it is liable to recommend the Ministry of Labor-Trade and Society that allows the business to be reimbursfully paid for the fund after full implementation of regulatory obligations at the Information and Legal texts. It's relevant.

6. The Minister of Labor-Trade and Social Affairs revoked the license of the rental business when it was found that the business had a violation of the law that had to proceed with the withdrawal of the license.

7. Overall, the report of the situation in action for the rehiring of labour on the site of management for the Ministry of Labor-Trade and Social Affairs (Legal Affairs) before July 20 and January 20 each year.

What? 23.

This announcement came into effect on 1 March 2014.

In the course of implementation if there is a new issue or problem arise, recommend agencies, organizations, individuals who reflect on time about the Ministry of Labor-Trade and Social Affairs to be guided ./.

KT. MINISTER.
Chief.

(signed)

The Order of the Order