Chương II Nghị định 23/2021/NĐ-CP: Điều kiện thành lập, tổ chức và hoạt động của trung tâm dịch vụ việc làm

Chapter II

CONDITIONS FOR ESTABLISHMENT, ORGANIZATION AND OPERATION OF EMPLOYMENT SERVICE CENTERS

Article 3. Conditions for establishment, reorganization and dissolution

1. Establishment conditions

a) Having the objectives, functions and tasks of providing public employment services;

b) According with the planning of employment service centers approved by competent authorities;

c) Having working offices or projects for allocation of land for the construction of offices already approved by competent authorities (in case of building new offices);

d) Having equipment used for performing the tasks specified in Article 7 of this Decree in accordance with the standards and norms of specialized machinery and equipment issued by competent authorities;

dd) Having at least 15 persons working as civil servants;

e) The authority having competence in establishment shall provide funding for public employment services in accordance with the provisions of law.

2. Conditions for re-establishment and dissolution

Conditions for reorganization and dissolution of employment service centers shall be subject to the Government’s regulations on establishment, reorganization and dissolution of public service units.

3. An employment service center that is newly established or reorganized must implement the plan related to offices, equipment and personnel within 90 days from the date of issuance of an establishment decision. In case where it is necessary to establish a new employment service center, the existing employment service center must cover all regular and investment costs and expenses by itself.

Article 4. Processes and procedures for establishment, reorganization and dissolution

Processes, procedures and application documentation requirements for establishment, reorganization and dissolution of employment service centers shall be subject to the Government’s regulations on establishment, reorganization and dissolution of public service units.

Article 5. Notice of establishment, organization, dissolution and operation of employment service centers

1. Within 15 working days from the date of signing and promulgating the Decision on the establishment, reorganization and dissolution of an employment service center, the decision-issuing authority shall send 01 copy of this Decision to the Ministry of Labor - Invalids and Social Affairs for its supervision.

For employment service centers specified at points a and c, clause 1, Article 2 of this Decree, the decision-issuing authority shall be responsible for sending an additional 01 copy of the Decision to the People's Committee of the province or centrally-affiliated city (hereinafter referred to as provincial level) where the employment service center’s office is located.

2. 10 working days prior to the date of commencement of its operation, the employment service center shall notify the Department of Labor, War Invalids and Social Affairs of the locality where the employment service center is located in writing of the decision on establishment or reorganization of the center, its office address, phone number, and website of the employment service center, and publish such information on mass media.

Article 6. Employment service center’s name

1. Employment service center is a public service unit having its own legal status, seal and account.

2. An employment service center has its name in Vietnamese and foreign language, and its own logo (if any). An employment service center’s name and logo must meet the following conditions:

a) Its name consists of “employment service center”, the local name or other name suggested by the authority issuing the establishment decision;

b) Its name shall not violate historical, cultural, moral traditions, national customs and values;

c) Its name shall not duplicate or cause confusion with the name or logo of another entity that has been established before.

Article 7. Duties of employment service center

1. Counseling activities, including:

a) Providing counsel and orientation regarding career and national occupational skill qualification framework for employees choosing professions and training plans suitable to their capabilities and aspirations;

b) Providing job counsels in order for employees to choose job positions suitable to their capabilities and aspirations; counsels on job application skills; self-employment and domestic and foreign job search;

c) Providing employers with counsels on recruitment, placement and management of employees; on administration and development of jobs, and human resource development;

d) Providing employees and employers with counsels on labor and employment policies.

2. Job recommendation to employees.

3. Labor outsourcing and recruitment upon employer’s request, Including:

a) Recruiting employees through pre-employment tests to select qualified employees meeting the requirements of employers;

b) Supplying employees at employer’s request;

c) Introducing employees to enterprises licensed to send Vietnamese workers abroad under contracts, organizations and individuals investing in foreign countries or public service units under the control of ministries, ministerial-level agencies and Governmental bodies that are assigned the tasks of sending Vietnamese workers to work abroad under contracts according to the provisions of the Law on Vietnamese Laborers under Contracts.

4. Collecting and providing labor market information.

5. Analyzing and forecasting the labor market.

6. Implementing unemployment insurance policies under regulations of the Law on Employment.

7. Providing training in interview, job search and other skills; vocational education in accordance with law.

8. Implementing employment-related programs and projects.

Article 8. Organizational structure

1. Leadership of an employment service center includes a Director and Deputy Directors. The number of Deputy Directors shall be subject to the Government's regulations on establishment, reorganization and dissolution of public service units.

2. Based on workload, nature and characteristics of each employment service center, the person having competence in deciding the establishment, reorganization and dissolution of the center shall regulate the functions, tasks, powers and organizational structure of the center. The establishment of departments, divisions and other constituent organizations that are not public service units (hereinafter referred to as departments) under the control of the employment service center shall conform to the Government's regulations on establishment, reorganization and dissolution of public service units.

3. Employment service centers shall follow the autonomy mechanism of public service units as prescribed by law.

Article 9. The number of employees

The number of employees working for an employment service center shall be determined based on the work position, workload of each work, and economic – technical norms specific to functions and duties prescribed in Article 7 herein.

The Minister of Labor, War Invalids and Social Affairs shall provide instructions about leadership and executive positions, professional titles, structure of public servants according to their professional titles and limits on the number of employees working for an employment service center after receiving opinions from the Minister of Home Affairs.

Article 10. Funding sources

1. State budget allocations provided according to the Government's regulations on the financial autonomy mechanism of public service units.

2. Funding for management of the Unemployment Insurance Fund for employment service centers performing the tasks specified in clause 6 of Article 7 of this Decree.

3. Revenues gained from services of employment service centers under law.

4. Other legitimate revenues.

Article 11. Operating regulations of employment service centers

1. Operating regulations of an employment service center must contain the following main information:

a) Its name, office address, phone number, website;

b) Its objectives and duties;

c) Duties and responsibilities of leaders and departments;

d) Responsibilities for setting up and managing the labor or employment database;

dd) Procedures for provision of employment services;

e) Mechanism for asset and financial management;

g) Working cooperation mechanism;

h) Administrative regulations and other relevant matters that are appropriate for the center’s characteristics.

2. The employment service center shall develop its operating Regulations according to the provisions of clause 1 of this Article and submit them to the head of the directly supervisory authority to seek his/her signature.

3. The employment service center’s operating regulations must be published at the center's office.

4. The center’s Director shall undertake implementation of the operating regulations of employment service center.

Article 12. Management of employment services of employment service centers

1. Employment service centers shall receive and compile dossiers of agencies, organizations and individuals who come to register for employment services according to Form No. 01, 01a, 02, 03, 03a of Appendix I to this Decree.

2. Employment service centers shall keep track of the employment status for introduced or provided employees for at least 03 months or during the period of performance of labor contracts in case of under-three-month labor contracts according to Form No. 04 of Appendix 01 to this Decree.

3. Applying information technology to the organization of service provision and management of employment service activities of employment service centers in accordance with the provisions of law and the instructions of the Ministry of Labor – War Invalids and Social Affairs.

Article 13. Responsibilities of employment service centers

1. Providing job counseling and introduction for employees and providing free labor market information.

2. Ensuring the quality of public employment services according to the criteria and standards prescribed by competent state agencies.

3. Organizing job transaction activities, building data on job seekers and job openings to build a connection between labor supply and demand.

4. Complying with laws on organization and operation of employment service centers.

5. Every 6 months and annually, reporting on employment service activities using the Form No. 05 of Appendix I to this Decree, and sending reports to direct supervisory authorities and the Departments of Labor, War Invalids and Social Affairs of the places where employment service centers’ offices are located. 6-month reports must be sent before June 20 while annual reports must be sent before December 20.