Chương 1 Nghị định 52/2014/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides conditions and procedures for granting employment service provision licenses; and rights and responsibilities of employment service enterprises.

Article 2. Subjects of application

1. Employment service enterprises defined in Clause 2, Article 14 of the Labor Code (below referred to as enterprises for short).

2. Organizations and individuals engaged in the establishment and operation of employment service enterprises.

Article 3. Employment services provided by enterprises

1. Providing counseling to employees and employers, including:

a/ Occupational counseling for people to select occupations and training levels and places suitable to their abilities and expectations;

b/ Job counseling for people to select jobs suitable to their abilities and expectations; counseling on skills for passing recruitment exams, creating employment and seeking jobs at home and abroad;

c/ Counseling for employers on labor recruitment and management, human resource management and development, employment and job development.

2. Recommending jobs, supplying and recruiting employees at the request of employers, including:

a/ Recommending job seekers to employers who need to recruit labor;

b/ Supplying employees at the request of employers;

c/ Supplying and recommending employees to units and enterprises licensed to send Vietnamese abroad to work under labor contracts.

3. Collecting, analyzing, forecasting and providing information about the labor market.

4. Providing training in job-seeking skills and vocational skills in accordance with law.

5. Implementing employment programs and projects.

Article 4. Rights of enterprises in the provision of employment services

1. To sign contracts to provide the employment services specified in Article 3 of this Decree.

2. To exploit information on labor, employment and vocational training.

3. To collect charges in accordance with the law on charges.

Article 5. Responsibilities of enterprises in the provision of employment services

1. To fulfill signed contracts and commitments with employees and employers, vocational trainees and those who are provided with job counseling and placement services.

2. To comply with financial regulations and pay payable amounts in accordance with law, and compensate for damage due to contractual breaches in accordance with law.

3. To monitor the employment status of employees they have recommended or supplied when these employees work under seasonal labor contracts or labor contracts to perform certain jobs for a period of under 12 months. For employees working under labor contracts of full 12 months or more, to monitor their employment status for 12 months.

4. To post up at their head offices a certified copy of the employment service provision license.

5. To report on their employment services to provincial-level Labor, War Invalids and Social Affairs Departments on a biannual and annual basis or upon request according to the guidance of the Ministry of Labor, War Invalids and Social Affairs.