Some new regulations regarding employment.

(Baonghean) - On January 16, 2014, the Government issued Decree No. 03/2014/ND-CP detailing the implementation of several articles of the Labor Code on employment. Specifically, the scope of Decree 03/2014/ND-CP details the targets for additional job training, the national employment fund, local employment programs, and the recruitment and management of labor.

According to the decree, the national employment fund is used for preferential lending activities to small and medium-sized enterprises, cooperatives, business groups, household businesses, and workers to support job creation, maintenance, and expansion; support for businesses facing difficulties due to the economic downturn to limit job losses; and support for the development of employment service organizations and labor market information systems.

The recruitment of Vietnamese workers for employment by Vietnamese employers, including those working in industrial parks, export processing zones, high-tech zones, and economic zones as stipulated in Article 11 and Clause 2, Article 168 of the Labor Code, is regulated as follows: Employers have the right to recruit Vietnamese workers directly or through employment service organizations or labor leasing companies; Workers have the right to directly contact employers or register with employment service organizations to find employment. At least 5 working days before receiving applications, employers, employment service organizations, or labor leasing companies must publicly announce their recruitment needs.

The job announcement includes: Occupation, job title, professional qualifications, number of vacancies; Type of contract expected to be concluded; Expected salary; Working conditions for each job position. The application dossier includes documents such as: Application form according to the mẫu prescribed by the Ministry of Labor, Invalids and Social Affairs; Copies of diplomas and certificates proving professional and technical qualifications; foreign language and computer skills as required for the position; Health certificate as prescribed by the Ministry of Health; Other necessary documents as prescribed by law. Upon receiving the application dossier, the employer, employment service organization, or labor leasing enterprise is responsible for managing the dossier and notifying the applicant of the recruitment schedule. The employer, employment service organization, or labor leasing enterprise must publicly announce the recruitment results within 5 working days from the date the recruitment results are available.

In cases where a worker is not selected or does not participate in the recruitment process, the employer, employment service organization, or labor leasing company must return all application documents within 5 working days from the date the worker requests them. The employer is responsible for the costs of recruitment and these costs are accounted for as production and business expenses, including: Announcing job openings; Receiving and managing application documents; Organizing recruitment examinations; and Announcing recruitment results. If recruitment is conducted through an employment service organization, the employer must pay the recruitment service fee to the organization as stipulated by law. Within 30 days of commencing operations, employers must declare their employment to the Department of Labor, War Invalids and Social Affairs or the Provincial Department of Labor, War Invalids and Social Affairs (for employers located in industrial zones) where their headquarters, branches, or representative offices are situated.

Every six months and annually, employers must report changes in their workforce to the Department of Labor, War Invalids and Social Affairs or the Provincial Department of Labor, War Invalids and Social Affairs (for employers in industrial zones) where their headquarters, branches, or representative offices are located. Every six months and annually, labor leasing enterprises must report the number of leased workers to the Provincial Department of Labor, War Invalids and Social Affairs where their headquarters, branches, or representative offices are located. Every six months and annually, the Department of Labor, War Invalids and Social Affairs is responsible for compiling the situation of workforce utilization and changes in local enterprises and reporting it to the Provincial Department of Labor, War Invalids and Social Affairs. Every six months and annually, the Provincial Department of Labor, War Invalids and Social Affairs is responsible for compiling the situation of workforce utilization and changes in local enterprises and reporting it to the Ministry of Labor, War Invalids and Social Affairs and the Provincial People's Committee.

Decree 03/2014/ND-CP takes effect from March 15, 2014.

LawyerTrong Hai