Chương 3 Nghị định 03/2014/NĐ-CP hướng dẫn bộ luật lao động về việc làm: Tuyển, quản lý lao động

Chapter III

LABOR RECRUITMENT AND MANAGEMENT

Article 6. Labor recruitment

The recruitment of Vietnamese laborers to work for Vietnamese employers; and to work in industrial parks, export processing zones, hi-tech zones and economic zones (below referred to as industrial zones) defined in Article 11 and Clause 2, Article 168 of the Labor Code is prescribed as follows:

1. Employers may recruit Vietnamese laborers directly or through employment service organizations or labor sub-lease enterprises.

2. Laborers may directly contact employers or register through employment service organizations to find jobs.

Article 7. Labor recruitment procedures and order

1. At least 5 working days before receiving dossiers of registration for recruitment examination from laborers, an employer, an employment service organization or a labor sub-lease enterprise shall publicly notify its demand for labor recruitment. A notification contains the following details:

a/ Professions, jobs, professional qualifications and number of laborers to be recruited;

b/ Type of labor contract to be signed;

c/ Offered wage level;

d/ Working conditions for each working position.

2. A dossier of registration for recruitment examination comprises:

a/ The written registration for recruitment examination, made according to the form set by the Ministry of Labor, War Invalids and Social Affairs;

b/ Copies of diplomas and certificates of professional and technical qualifications, foreign language and computing skills as required for vacant positions;

c/ Health certificate prescribed by the Ministry of Health;

d/ Other necessary papers prescribed by law.

3. When receiving a dossier of registration for recruitment examination, an employer, an employment service organization or labor sub-lease enterprise shall manage such dossier and clearly notify the laborer of the recruitment time.

4. Employers, employment service organizations or labor sub-lease enterprises shall publicly notify results of labor recruitment within 5 working days from the date of obtaining such results.

5. For laborers who fail or do not sit the recruitment examination, employers, employment service organizations or labor sub-lease enterprises shall return dossiers of registration for recruitment examination to them within 5 working days after the laborers so request.

6. Employers shall pay all expenses for the labor recruitment and may account as their production and business costs the following expenses:

a/ Expense for the labor recruitment;

b/ Expense for receipt and management of dossiers of registration for recruitment examination;

c/ Expense for organization of recruitment examination;

d/ Expense for notification of recruitment results.

Employers that recruit laborers through employment service organizations shall pay employment service charges to these organizations as prescribed by law.

Article 8. Reports on use of labor

1. Within 30 days from the date of operation commencement, an employer shall declare the use of labor to the Labor, War Invalids and Social Affairs Division or Department (for employers operating in industrial parks) of the locality where its/his/her head office, branch or representative office is located.

2. Biannually or annually, an employer shall report on labor changes to the Labor, War Invalids and Social Affairs Division or Department (for employers operating in industrial parks) of the locality where its/his/her head office, branch or representative office is located.

3. Biannually or annually, a labor sub-lease enterprise shall report on the number of sub-leased laborers to the Labor, War Invalids and Social Affairs Department of the locality where its head office, branch or representative office is located.

4. Biannually or annually, the Labor, War Invalids and Social Affairs Division shall summarize the situation of labor use and change in labor of local enterprises and report them to the Labor, War Invalids and Social Affairs Department.

5. Biannually or annually, the Labor, War Invalids and Social Affairs Departments shall summarize the situation of labor use and change in local enterprises to report them to the Ministry of Labor, War Invalids and Social Affairs and provincial-level People’s Committees.

Article 9. Labor management book

Employers shall compile, manage and use labor management books as prescribed by the Ministry of Labor, War Invalids and Social Affairs.