Decree 55/2013/nd-Cp: Detailing The Enforcement Of Paragraph 3 Article 54 Of The Labour Law Regarding The Licensed Rent Back Labor, Escrow And Real Job Category To S. ..

Original Language Title: Nghị định 55/2013/NĐ-CP: Quy định chi tiết thi hành khoản 3 Điều 54 của Bộ luật Lao động về việc cấp phép hoạt động cho thuê lại lao động, việc ký quỹ và danh mục công việc được thực hiệ...

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THE GOVERNMENT.
Numbers: 55 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 22, 2013

DECREE

Q The details of the details of the three. Fuck! Your 54. B The rules L Move! about the licensing of the operation

for rehiring labor, the signing of the fund and job portfolio is made for labor rehiring.

____________________________

The Law base. I Ch. I'm On December 25, 200. 1 ()

The Law base. D It's 29 days. Ah! - 11 in 2005;

Ministry base l Oh, L It ' s on June 18, 20. 1 2.

At the suggestion of Minister of Labor-Trade i V. Oh. Society.

Ch I'm The government issued a decree of regulation. i All i Let's Go. Okay. 54 of the Ministry l Oh, l I mean, I'm talking about licensing the rent. l labour, the signing of the fund and the work portfolio are made for the rehiring of labor. Oh,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree rules the licensing of labor reemployment, the signing of the fund for employment rehiring and the work portfolio made for labor rehiring.

What? 2. Subject applies

1. Business rehired labor.

2. The rehired labor.

3. The worker hired it again.

4. The agency, the organization, the other person involved in the labor lease operation.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. Rental business l I mean, The business is established and operates under the rule of law, which employs employers under the labor contract but does not directly use the employer of its employer to work temporarily for other employers (the following abbreviate). is the rental business.)

2. Rent l Yes. i labor is business, agency, organization, cooperative, household, individual has the need to use the labor for a definite period of time and lease it up. l The dynamic of the rental business to make up for a job shortage of workers.

3. People. l Rent. l Yes. i is Employers have a full civilian behavior, signed a lease with the rental business, which is leased to the rental business to work under the employment of the employer for a definite period of time.

What? 4. The banned acts on the rental of labor again.

1. For the rental business:

a) Paying other wages and other regimes for workers to rent is lower than the spent content. Naked. It ' s good for the employer.

b) For other businesses to borrow or borrow the operating license for labor reemployment to work for labor rehiring;

c) The toll on the worker hires again or makes the lease again without the consent of the worker;

d) Lease employment again but the lease job is not part of the job portfolio made for rent l The action at Annex V issued by this decree, or the implementation of the lease, exceeds the deadline for the lease of the labor under regulation at Article 26 of this decree;

The practice of renting labor between the rental business with another business in the parent company-the subsidiary, the economic conglomerate that the rental business is a member business.

2. For the outsourcing of labor:

a) Toll on tenant workers l Oh,

b) For other employers to rent l The labourers hired;

c) Using a hired worker who does not belong to the job category is made for rehiring at Annex V issued by this decree or the use of a worker who exceeds the deadline for rehiring labor under regulation at Article 26. This decree.

Chapter II

CONDITIONS, PROCEDURES, AUTHORSHIP LICENSING THE OPERATION TO LEASE LABOUR.

M One.

POKER LEVEL CONDITION P ACTIVITY REHIRING LABOR

What? 5. Charter Level Conditions for rehiring labor.

The business is issued a license to lease the labor to the employer when there is enough following the following conditions:

1. I've already made a deposit of 2,000,000,000.

2. The guarantee of legal capital pursues to Article 6 of this decree;

3. It is headquartered in Article 7 of this decree;

4. The head of the business guarantees the conditions under regulation at Article 8 of this decree.

What? 6. Legal capital conditions Oh. i work for rent l Labor.

1. The legal capital level for the operating business sector is 2,000.000,000.

The rental business must maintain a charter capital level that is not less than the specified capital during the course of the operation.

2. The filing of the regulatory capital condition specified in Clause 1 This includes:

a) The capital contribution of the founding shareholders to the company c ... socket part or of the founding members of a limited liability company that comes from two or more members; the ownership of the owner's capital to the LLC a member; the corporate equity register for business owners. private career and for the limited liability company a member that the owner is personally;

b) For the amount of capital that is donated by money must have the confirmed text of the commercial bank being allowed to operate in Vietnam, where the business deposits funds with money on the amount of capital sent;

c) For the amount of assets that are subject to the organization, the organization's certificate has a valuation function in Vietnam on the outcome of the asset valuation that is included in the capital. The certificate must be valid until the filing date at the office of the competent business registry.

3. For foreign enterprises that venture with domestic enterprises must secure the following conditions:

a) It must be the business that specializes in hiring labor, which has capital and total assets of the business from 10,000.000,000 or more;

b) There has been an active experience in the field for hiring labor from 05 years or more;

c) There is a certificate of the state 's competent organ at the business certification and the representative portion of the business' s contribution that has not been in violation of the law. l The country's water or law is related.

The above texts must translate into Vietnamese and be given diplomatic representation, the consul agency of Vietnam abroad attuned and carried out the legalization of h ... Fuck. Under the rule of Vietnamese law.

What? 7. The location of the headquarters, branch, representative office of the rental business.

The location of the headquarters, the branch, the representative office of the rental business must be stable and has a deadline of at least 2 years or more; if the owner of the person in the name of the business register is in the proposed record, grant or renew the license. active renal leadback operation The lease, if it is a tenant, must have a lease that has a lease term for up to 2 years or more.

What? 8. Oh. The man. Come on Head of business, branch, office representing rent

1. There is full civilian behavior, clear background.

2. There is experience working in the field for hiring labor from 03 the year and upward;

3. For the three years adjacent to the pre-proposed licensing of the employment permit, the non-head of the business was revoked of a business registration certificate or did not redo the conduct of the filing of the application, granting the Certificate of Business Registration. A career, file, or extension, or extension of the employment permit.

What? 9. Change socket the manager, who holds the key title, the charter capital of the rental business.

When changing the manager, key titles or changes of the charter capital level, the rental business must implement the correct implementation of the Corporate Law and relevant documents, guarantee the regulation stipulated at Article 5 of this decree; at the same time it must be announced. reported by v What? n The Department of Labor and Social Affairs and Society for a 10-day period of work, before the date of that change.

What? 10. Notice of location, location, th Yeah. The space starts and the manager, the keeper. Come on The key name of the rental business

1. In the 10-day period of work, before the start of the labor lease activity, the rental business must be notified by v. What? n for the Department of Labor-Trade and Social Affairs where the headquarters are located, the branch is based on the location of the headquarters, the operating venue; the time of operation is active; it is accompanied by a copy of the Working License for the hiring of labor and the list of managers, holders of functions. the key name of the rental business.

2. Where to move the location of the headquarters, the branch, the office. i With the rental business, the head must have the text to the Department of Labor. - Merchants and Socialists, rehired labourers and rehired workers about Fuck. Shit. A new point in time. Yes. n 15 working days, before the date of the transfer of the location.

M Two.

PROCEDURE, AUTHORSHIP AUTHORITY AND REVOKING PERMIT ACTIVITY FOR REHIRING LABOR

What? 11. Proposition Profile, reissued, renew the Operations License for Labour rehiring.

1. The proposed filing for the employment of the labor lease activities included:

a) The text offers permission to operate the lease of the labor in accordance with the Appendix II issued by this decree;

b) The text proves to be eligible for the specified legal capital at Article 6 of this decree;

c) The certificate of employment carried out the signing of the foundation in accordance with Article 16 of this decree;

d) Corporate registration certification under the provisions of the Corporate Law;

You are not the reason the head of the business follows the rule of law;

e) The certificate is eligible for the prescribed location at Article 7 of this decree.

2. The proposed record, the extension of the employment permit for the leadback which includes the specified text at Point a, b, c, e, and e of Clause 1 This Article.

What? 12. Yeah. Limit the employment permit for labor rehiring

1. The employment permit for the employer has a maximum duration of no more than 36 months.

2. The case of extension of the employment permit for the lease of labour is less than 24 months; the number of times has no more than 02 times.

The license to work for rehired labor has an unrestricted deadline for the previously granted Ghamlets.

What? 13. Move. Power, level, extension or fall. Oh. i license to work for rehiring labor

1. Minister of Labor-Trade and Social Affairs, grant, renew or revoking the license to work for rehiring labor.

The rental business sends a prescribed profile at Article 11 of this Decree to the Ministry of Labor-Trade and Social Affairs to offer a grant, grant or renew the license to work for the employer.

2. The Minister of Labor-Trade and Social Affairs is based on regulatory content at Section I Chapter II This decree and other regulations are relevant to decide whether to grant, grant or renew the License to work for rehiring labor in the 30-year period. Working day for new school, 20 days of work for the school. p up and renew, since the date of receiving a valid file.

The case is not issued, does not grant or not renew the employment permit for labor rehiring, the Minister of Labor-Trade and Social Affairs pays. l So, in writing and stating the reason.

What? 14. recall the operating license for labor rehiring

1. The rental business is revoked of the employment of the employer in the following cases:

a) Do not exercise the obligations of the business as defined by the law and the decree;

b) False declaration of the facts of accordance with regulation at Article 5 of this Decree or to forge a prescribed text at Article 11 of this Decree; to correct the content of the license to lease labour;

c) Violation of one of the provisions at Article 1 Article 4 of this decree;

d) Sentenced to administrative detention of labor law 03 times in 12 months;

) Do not implement the addition of the fund deposit after the statute of limitations stipulated at Article 18 of this decree;

e) End of operation;

g) It does not operate after 6 months, since the date is granted the employment permit for hiring labor;

h) Revoked the corporate registration certificate.

2. School. The rental business is revoked, not granted or not to renew the employment permit for labor rehiring, h said. The co-worker signed between rehired workers and the rental business continues to be made, except for the regulation case at Article 36 of the Labor Code.

Chapter III

SIGN THE FUND AND MANAGE THE FUND ' S FUND FOR REHIRING

What? 15. Use of fund money

The deposit is used. d touch to pay wages or pay compensation to workers renting in the case of a business for a breach. Contract. labor with the worker renting or causing damage due to no guarantee of the legal rights and benefits of the rehired labourers.

What? 16. Pay the deposit and the procedure to file funds

1. The rental business had to pay a deposit of 2,000.000,000 at the commercial bank where the rental business opened the main transaction account (later abbreviated as the bank).

2. The rental business makes the procedure the payment of the fund in accordance with the regulation of the bank and adheres to the regulation of the law. After i business for rent completion procedure and pay, bank-level bank certificates Okay. Sign the business fund for the business.

What? 17. The interest rate from the fund deposit

The rental business is entitled to the interest rate from the fund deposit under the agreement with the bank.

What? 18. Additional reporting

1. In the 30-day period, since the day the money is withdrawn from the deposit account, the rental business must submit a full complement to the prescribed fund. Okay. This is 16.

2. After the specified deadline at Clause 1 Article, if the business lease is not b socket Come on And With enough funds, the bank has a responsibility to inform the Ministry of Labor-Trade and Social Affairs.

What? 19. reimbursable funds

The rental business is reimbursable for the fund deposit in the following cases:

1. There is the announcement of the Minister of Labor-Trade and Social Affairs on whether the business is not granted, reissued or revoked operating permits for income. Hey. labor again;

2. A decision by the Minister of Labor-Trade and X Oh, It ' s about revoking the labor permit.

What? 20. Draw the deposit.

1. I i The foundation of the fund is withdrawn in the following cases:

a) The rental business ca n' t afford to pay employees to rent back after a 60-day period, since the day to the wage deadline;

b) The rental business is not eligible for compensation or non-compensation for the employer by regulation at Article 15 of this decree in the 60-day period, since the date of the decision received by the Inspector of Labor;

c) Unclosed, slow closing social insurance, health insurance, unemployment insurance, 3 months of continuous unemployment.

2. The procedure of withdrawal, the return of the fund deposit of the rental business is made in accordance with the regulation of the bank and the relevant law.

3. The bank is not allowed for the business to rent out the deposit without the written opinion of the Minister of Labour-Trade and Social pursuant to the provisions of Article 21 of this decree.

What? 21. The authority and responsibility of the state governing body of labor on the use of the fund deposit.

1. The Minister of Labour-Trade and Social Affairs allowed the business to lease funds to make provisions in Article 15 of this decree.

2. sleep y-y By The provincial population directed the professional body to oversee the payment, compensated for the rehired worker of the leased business under the provisions of Article 15 of this decree.

What? 22. Bank responsibility

1. The correct implementation of the regulations on the opening of the deposit account, the deposit of the fund, uses the deposit account of the rental business and the regulations concerning this account.

2. Style Naked. The money deposit, and the fact that it ' s paying for the amount of money signed by the deposit rate. Naked. It's for rental business. At the end of the month, interest returns to the business and the accounting in the deposit account or pay for the business by cash.

3. The Certificate of Contracting Business Funds for the employer-based business in Appendix III is accompanied by this decree.

4. The business case for the lease violates labor contracts with tenant workers. l Or do damage caused by the unwarrant of the legal rights and interests of the employer. l Having the decision of the Minister of Labor-Trade and Social Affairs forced the business to pay, compensated the damage, the bank cited the account of the fund to payment, the damages were made, after the exception of the cost of the service. the bank.

5. The lease for the rental business adds to the provision of the deposit in accordance with the provisions of Article 1 Article 18 of this decree for a period of 30 days, since the day the money is extracted from the fund's deposit account for payment, damages and damages. After the deadline, if the rental business does not add up to the full amount of funds, the bank must notify the Ministry of Labor-Trade and Society know.

6. The quarterly, slowest on the 15th of the first month of the following month, the banks receiving business funds for hiring labor must report the Ministry of Labor-Trade and Social Affairs, the State Bank of Vietnam on the situation to receive a business fund rent. The system of the banking system is based on Appendix IV issued by this decree.

Chapter IV

WORK IS DONE FOR LABOR REHIRING.

What? 23. The purpose of leasing labor is

1. The temporary response of the sudden increase in manpower for a certain period of time.

2. Substitute workers during maternity leave, labour accidents, occupational diseases, or must perform citizen obligations or reduce work hours.

3. There is a need for a high degree of technical expertise.

What? 24. The cases are not rehired l Move!

1. The business is in a labor dispute, strike or to replace the worker who is in the time of carrying out the right to strike, addressing the labor dispute.

2. Rental business Naked. In particular, in terms of responsibility for the compensation of labor accidents, the occupational illness of the labourers rehired with the employer.

3. The replacement of the labourers was given to the job due to structural change, technology, or mergers, integration, division, separation of business or for economic reasons.

4. Labor hires to do jobs in places where the conditions are harsh in the future. d An item led by the Minister of Labour-Trade and Social Affairs and Minister of the Ministry Y It ' s enacted, unless the employer has lived in the area on every 3 n ' s. What? The job of renting labourers is in the category of occupation, hard work, malicious, dangerous and particularly heavy, harmful, dangerous due to the Secretary of Labor, Trade and Social Affairs.

What? 25. The work portfolio is done for labor rehiring.

1. - cell The implementation of the reemployment of labour is specified in Annex V issued by this decree.

2. The leadback is only done for n jobs. Yes. m in the category and guarantee of regulation at Article 23 and Article 24 of this decree.

3. The Ministry of Labor-Trade and Social presided over, in coordination with the relevant agencies, the Prime Minister of the Government of the amendment, the addition of the Decree of the Decree in Annex V issued by this decree.

What? 26. Yeah. The lease is a term.

1. The deadline for renting a maximum labor is no more than 12 months.

2. At the expiration of Article 1 of the deadline, the rental business is not allowed to lease the employer to the employer, but the lease has just expired.

Chapter V.

EXECUTION CLAUSE

What? 27. The responsibility of the Ministry of Labor-Trade and Society

1. The implementation of the state management of the leasing sector is in the country.

2. Inspection of the labor law enforcement in the rental business and the leadback of labor.

3. Level, level. l The extension or revoking of the operating license for the rental of labor.

4. Regulations, which guide the annual periodic report mode, the start of the rental business.

What? 28. The responsibility of the People ' s Commission All right -

1. Guidance on the implementation of the provisions of this decree v Okay. the licensing of labor reemployment, the signing of the fund, and the work is allowed to make the lease.

2. Training exercises, guidelines for implementing this Protocol and relevant regulations.

3. Tracking, aggregation, and reporting for 6 months, 01 years send the Ministry of Labor-Trade and Social Affairs on the situation to rehire labor at businesses, agencies, organizations on the management grounds.

What? 29. l Male execs

1. This decree has been in effect since 15 July 2013.

2. The case is not granted, reissued or renew the employment permit for labor reemployment, the rental business that is operating for rehiring labor must guarantee the legal rights and benefits of the employer to follow the provisions of the labor law. Oh,

Go. Okay. 30. Responsibility for execution

1. The Minister of Labor-Trade and Social Affairs is responsible for the implementation of this decree.

2. The Governor of the State Bank of Vietnam is responsible for guiding the signing of the fund and managing the fund's fund for rent.

3. Ministers, peer-to-peer agencies, Head of the body of revenue There. Government, Chairman. Proxy The Central Committee of the Central Committee is responsible for this decree. /.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung