CIRCULAR On guiding the implementation of a number of articles of Decree No. 19/2005/ND-CP dated 28/2/2005 of the Government Regulation, the procedure for establishment and operation of job introduction organizations _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the implementation of Decree No. 19/2005/ND-CP dated 28/2/2005 of the Government regulation of conditions procedure of establishment and operation of the employment organization (say here known as Decree No. 19/2005/ND-CP), Ministry of labor, invalids and Social Affairs guide as follows: i. the APPLICABLE OBJECTS: 1. job introduction Centre as defined in article 2 paragraph 1 of Decree No. 19/2005/ND-CP including:-job referral center by the provincial people's Committee Chairman, central cities decided to establish;
-Job introduction Centre by the Minister, the heads of ministerial agencies, government agencies decided to set up;
-Job introduction Centre by heads of central social-political organizations decided to form.
 Employment centre mentioned on here called the Center.
2. active business introduced the work as defined in paragraph 2 of article 2 of Decree No. 19/2005/ND-CP, include:-business employment is established and operating under the enterprise law;
-Business employment is established and operating under the State Enterprise Law.
Active business job recommendation mentioned on here are referred to as enterprise.
II. The CONDITIONS and procedure for ESTABLISHMENT and OPERATION of the Center: 1. conditions to establish the Center in accordance with paragraph 1 article 5 of Decree No. 19/2005/ND-CP, defined as follows: a. have the location and the headquarters working steadily from 36 months from the date of the new or established Center was established under the provisions of Decree No. 19/2005/ND-CP; located in convenient location for dealing directly with the workers and the employers; There is enough area to work for the staff of the Centre under the State's current rules on standards and norms used Office for State agencies, business units and has sufficient area for the transactions and operations (advice, greet workers and employers information, consult the labour market) of the Centre.
b. Have the equipment and the means employed by tasks such as tables, chairs, Cabinet, phones, fax machines, computers, these devices serve for consultation, employment, labor market information, and vehicles (cars or motorcycles). If there job then you have to have the equipment and facilities of vocational training in accordance with the current legislation.
c. Have at least 10 employees with college degree or above majored in economics, law, foreign languages; each degree must have at least one person.
People are recruited to the Center must have a clear history, moral good, qualities without money are the people's Committee of social place that resident. For employees to work at the Centre, must be certified by the old agency.
d. expected Center founded or established must conform with the planning system Center introduction of local employment has been the Chairman of the provincial people's Committee for approval.
2. The profile proposed the creation of the Center as defined in point a of Paragraph 2 article 5 of Decree No. 19/2005/ND-CP by the governing body to direct the Centre to prepare, including: a. The establishment of the Center, suggested submitting the competent authority in accordance with point c clause 2 article 5 of Decree No. 19/2005/ND-CP;
b. the project to establish the Centre, including the following specific content:-the need to establish the Center;
-Target Center's activities: specific stated long-term goals and short-term objectives;
-Specific tasks of the Center: determine the amount and activity of each task in the first 5 years of consulting, employment, labor market information, training;
-The conditions necessary to ensure the operation of the Centre: + locations, premises, workshops; the facilities and equipment;
+ Apparatus, personnel and payroll (the central leadership, the Organization's Director, payroll) of the heart;
+ Investment resources, management and use of financial resources of the Centre;
-The feasibility of the project: + the beginning of activities of the Centre;
+ Expected results and impact of the activities of the Centre during the first 5 years;
+ The solution;
+ Proven resources to achieve the results and solutions mentioned above.
c. the text of relevant agencies:-with regard to the management authority in the center of the provincial people's Committee, the project to establish the Centre must have the unanimous opinion written by the Department of labor, invalids and Social Affairs, the Department of planning and investment, Department of Treasury, Department of the Interior;
-For the Centre under the authority of management in the ministries, the Central Agency of social-political organization they must have the written approval of the provincial people's Committee where the Center will put its headquarters and operations;
d. the papers and related documents of proof were enough commitments or conditions of direct Administration ensure sufficient conditions to establish the Centre as defined in point 1 of section II of this circular, including:-copies (notarized) one of the following documents : certificate of ownership or text based interface work for Central use of the competent authority or office lease to ensure that recruitment activity within a minimum of 36 months;
-A declaration of the equipment, the means to work and travel; list of staff of the Centre at the time of establishment of direct Administration Center;
3. the suggested profile approved established the Center in the ministries, the Central Agency of social-political organization as defined in clause 2 article 5 of Decree No. 19/2005/ND-CP, include:-the proposal approved dispatch center of the ministries, the Central Agency of social-political organization sent the provincial people's Committee where the Center will set its headquarters and operations;
-Papers, text as specified in a, b, d, point 2 of section II of this circular.
4. Reception, profile evaluation proposed the creation of the Center in the administration of the provincial people's Committee or the proposed profile approved establishment of such centres, social-political organizations as defined in points b, c, d, item 2 article 5 of Decree No. 19/2005/ND-CP , defined as follows: a. the Department of labor, invalids and Social Affairs Department, central cities (hereafter referred to as the Department of labor, invalids and Social Affairs) is responsible for profile reception given a receipt for the filing Agency. Receipt must specify day, month, year of receipt, the text in the profile and the time limit for the reply.
b. appraisal records suggest the establishment or centre approval recommendation Profile Center: within 15 days (measured in working days) from the date of receiving a valid profile, Department of labor, invalids and Social Affairs is responsible for the evaluation record and the Chairman of the provincial people's Committee issued the decision to establish the Center administered or text approved the establishment of the Center in the ministries, social-political organizations.
In the above mentioned time limit, otherwise the decision established the Center or not approved establishment of the Center, the Department of labor, invalids and Social Affairs has the responsibility to respond in writing and stating the reason.

5. The signing of labour contracts; job recommendation; labor recruitment provided in clause 2 article 9 of Decree No. 19/2005/ND-CP, follow the following pattern: a. labour contract; national labor contracts signed according to the model No. 1 attached herewith;
b. the employment contract signed by the model number 2 attached to this circular.
6. The signing of the contract of apprenticeship, apprenticeship made under the provisions of Decree No. 31/2001/ND-CP of the Government on 09/01/2001 detailing and guiding the implementation of The labor law and the law on vocational education and guidance documents.
7. Forms, costumes of the staff the center according to the provisions in Clause 5 article 10 of Decree No. 19/2005/ND-CP, defined as follows: a. the employee's sea Form the center of the rectangle size 8 cm x 12 cm, plastic molding, on the top line names the superior Agency of direct management of the Center under the credit line, Center; on the left the sea attached color photos capture the type of identity card size 3 cm x 4 cm of Centre staff, subject to the right of name and code (if available); below indicates, the title, place of work.
b. Sample uniforms when working by following the written comments of the superior administration directly.
8. Set the window to track the activities of the Centre as defined in paragraph 6 article 10 of Decree No. 19/2005/ND-CP and periodic reports in accordance with Paragraph 10 of article 10, Decree No. 19/2005/ND-CP, defined as follows: a. set the Centre of the track the activities according to the model No. 03a 03b, 218 k, 670, March, DD, 03e attached herewith;
b. Before July 5 and December 5, 1 of every year, the Center is responsible for periodic reports 6 months and a year, according to the form attached to this circular No. 04:-for the Central District of the provincial people's Committee of management, periodic reports sent the Department of labor, invalids and Social Affairs, where the main headquarters.
-For the heart in the ministries, social-political organizations manage, then periodically report the Department of labor, invalids and Social Affairs, where the Agency headquarters and the decision to establish the Center.
-The Center made the unscheduled reports required by State regulators about labor.
III. conditions, procedures and AUTHORITY GRANTED the LICENSE to OPERATE the JOB INTRODUCTION for BUSINESS: 1. license conditions employment activities (hereinafter referred to as the license) under the provisions of article 12 of Decree No. 19/2005/ND-CP, defined as follows: a. have the location and Office for employment activity stabilizes from 36 months or more , located in convenient location and sufficient area for the transaction, the operation of the business;
b. the working area and the activity of the enterprise must ensure the full layout of the rooms: advice, referral and supply labour, labour market information and are equipped with computers, telephones, fax machines, email and documents related to the labour market and other equipment to serve the customer;
c. at least 300 million escrow Bank in Vietnam to address the risks and the probable compensation during operation;
d. There are at least 10 employees with college degree or above majored in economics, law, foreign languages; each degree must have at least one person. People are employed in the business to job introduction activities must be clear history, moral good, qualities without money are the people's Committee of social place that resident.
2. The records suggest a license under the provisions of article 13 of Decree No. 19/2005/ND-CP by enterprises prepared, including: a. the licensing application employment activity according to the provisions in clause 1 article 13 of Decree No. 19/2005/ND-CP, mainly content include : company name; address; phone number, fax, e-mail; transaction account number; business registration license number; capital stock at the time of the license proposal; full name of Director-General (Executive Director); the plan of activities to introduce the work within the time limit granted license to operate the job referral (form No. 05 attached to this circular);
b. a copy of the business license of the enterprise (notarized);
c. the papers and text prove enough conditions to permit recruitment activities as defined in point 1 of section III of this circular, including:-copies (notarized) one of the following documents: the certificate of ownership or text based interface work for business use of the competent authority or office lease work to ensure that recruitment activity within a minimum of 36 months;
-A declaration of the equipment, the means to work and travel; list of employees of the business at the time of licensing proposal;
-Copies of certificates of deposit at the Bank (notarized).
3. The order of licensing of employment activity according to the provisions of article 15 of Decree No. 19/2005/ND-CP, defined as follows: a. the business is responsible for submission of the proposal to license at the Department of labor, invalids and Social Affairs where local based business and employment activities.
b. the Department of labor, invalids and Social Affairs receiving records and responsibility given a receipt for the record business. A receipt stating the date, month and year of receipt, the text in the profile and the time limit for the reply.
Within 15 days (measured in working days) from the date of receiving a valid profile, Department of labor, invalids and Social Affairs is responsible for licensing recruitment activities for enterprises. The case is not licensed must reply in writing and stating the reason.
4. the license Template for job introduction activities stipulated in article 11 of Decree No. 19/2005/ND-CP, defined as follows: a. the form of license: license to print paper size A4; have white backgrounds, pattern pale blue, star-shaped in the Middle;
b. the content license: include the information of the business is licensed, the licensing period (according to the model No. 6 attached to this circular);
c. license to operate to introduce Publisher-jobs-social workers in the Ministry of labor, invalids and Social Affairs in publication and release.
5. The term of the licence as stipulated in article 14 of Decree No. 19/2005/ND-CP license first time regulations is 36 months; the next extension must not exceed 36 months from the date of grant or renew the licence.
6. license renewal procedures: a. the business is responsible for submission of the proposal to extend at the Department of labor, invalids and Social Affairs took place, local licensing works before expiry licences for at least 30 days. Profile includes:-application to renew the licence under model number 7 attached herewith attached the license to operate the job referral has been granted;
-Reported results of operations introduced the work of the enterprise according to the duration of the license is active and operational plans of the business in the next licence term;
-Papers and relevant documents to prove the business has sufficient conditions to renew the operating licence introduced the work as specified in point 2 c section III of this circular;
b. the Department of labor, invalids and Social Affairs has given the responsibility to receive and receipt receipt. A receipt stating the date, month and year of receipt; the text in the profile and the time limit for the reply.
Within 15 days (measured in working days) from the date of receiving a valid profile, Department of labor, invalids and social consideration, the decision to renew the license of specimens number 08 attached to this circular. Case of non-renewal must reply in writing and stating the reason.

7. The signing of the contract to supply labour, employment, labour, and vocational, apprenticeship as prescribed in paragraph 4 to article 18 of Decree No. 19/2005/ND-CP of implementation as defined in points 5 and 6 of section II of this circular.
8. Set as the active employment of enterprises as defined in paragraph 6 article 19 of Decree No. 19/2005/ND-CP and periodic reports under the provisions of Clause 10 article 19 of Decree No. 19/2005/ND-CP, defined as follows: a. the business establishment as the activities according to the model No. 03a 03b, 218 k, 670, March, DD, 03e attached to this circular.
b. Before July 5 and December 5, 1 of every year, the business is responsible for periodic reports first year and periodically report the year according to the model No. 9 included herewith and posted the Department of labor, invalids and Social Affairs where based business and employment activities.
Businesses have the responsibility to make unscheduled reports required by State regulators about labor.
9. Report of the employers of the business prescribed in paragraph 3 article 19 of Decree 19/2005/ND-CP, defined as follows: a. the business made opening process of the employer under the provisions of article 182 of the Labour Code and circular No. 06/1998/TT-BLDTBXH on 15/4/1998 of the Ministry of labor, invalids and Social Affairs Guide to declaration process of the employers When the business began operating and reporting the termination of employers when the business terminates the operation.
b. the business made the report on the situation of employers under the provisions of circular No. 20/2003/TT-BLDTBXH on 22/9/2003 of the Ministry of labor, invalids and Social Affairs detailing and guiding the implementation of some articles of the labor code on recruitment of labor.
IV. IMPLEMENTATION 1. The responsibility of the provincial people's Committee, the central cities of: a. the planning system of local local centre according to the following:-operational status reviews of System Center on the area of the face: the number, structure of the Center; capacity, qualified staffs working on employment; infrastructure, financial center; the results of activities under each of the tasks of the Center;
-Determine the transaction needs of the labour market by 2010, 2015; from there determine the number, distribution and structure of the central system; the demand for active employees in each mission to match the scale of the operations System Center; demand for investment in infrastructure, finance, equipment procurement capacity development activities for System Center about thiệc jobs;
-Build the Center development plans.
The construction and approval of the planning system Center be made within a maximum of 6 months from the date of Decree No. 19/2005/ND-CP effective enforcement.
The people's Committee, central cities are responsible for sending 1 plan of the Ministry of labor, invalids and Social Affairs to follow up.
b. directs the Department of labor, invalids and Social Affairs and other relevant agencies to conduct review and reorganization of the system of job introduction organizations in the management and implementation of the planning system of job introduction Centre in accordance with the provisions of Decree No. 19/2005/ND-CP and the guidance in this circular.
c. the establishment or dissolution, the correct operation of the centers administered, approves the establishment of the center of ministries, social-political organizations on the local level. The decision to suspend operations for the Center and the business done is not properly the provisions of Decree No. 19/2005/ND-CP and the guidance in this circular.
d. decision of the Center's staffing and funding operations for the activity does not have currency of the Center administered;
Sync directed the local authorities to track, test, inspection of the activity of the Center, the enterprise introduced the work;
2. The responsibility of the Department of labor, invalids and Social Affairs: a. Help provincial people's Committee building system planning job referral center;
b. receiving records, evaluation and the provincial people's Committee decided to review, or approve the establishment of local centers as specified by law;
c. Grant and revoke the licenses of the enterprises under the provisions of the law;
d. check, inspection activities to introduce the work of the Center, local businesses and handle the violation in accordance with the law;
Sync Before 15 July and 15 August 1 annual, General, periodic reports 6 months and a year, according to the sample of 10 attached to this circular and send to the Ministry of labor, invalids and Social Affairs.
3. The ministries and central organs of socio-political organizations have the responsibility to: a. conduct the review, sort, reorganized the Center administered under the provisions of this circular; suggest the local take on the planning system of local Centre and report to the Ministry of labor, invalids and Social Affairs;
b. investment in infrastructure, equipment; the decision of the Center's staffing and funding operations for activities there by the Center administered;
c. check correct operation of the employment centre in the Administration;
d. General periodic reports, the first 6 months and a year, according to the model number 11 attached to this circular and sent the Ministry of labor, invalids and Social Affairs.
4. Center and this business is allowed to operate on the job is responsible for fully implementing the provisions of this circular; for the Center and the business has been established and is in operation before the Decree No. 19/2005/ND-CP effect is as follows: a. for the Center has been established and is functioning, then continued to operate at the same time to conduct the procedures for establishment as defined in section II of this circular. If not sure enough the condition to establish back then to terminate the operation. Where there is good reason, not Center perform the procedure established must then report the Chairman of the provincial people's Committee, Ministers, heads of central bodies of the social-political organization to consider, resolve;
b. enterprises are active job recommendation must then conduct the procedures proposed for licensing recruitment activities as specified in section III of this circular. If not sure enough the conditions to apply for a license they must terminate the operation and implementation of the relevant obligations under the provisions of the law.
5. This circular takes effect after 15 days from the Post Gazette;
Abolish circular No. 08/LĐTBXH-TT on 10/3/1997 of the Ministry of labor, invalids and Social Affairs guidance on the Organization and operation of the employment service centres under the Decree 72/CP dated October 31, 1995 by the Government.
In the implementation process if what obstacles to timely reflect the recommendation of the Ministry of labor, invalids and Social Affairs to study the resolution.