From March 10, 2022, what are the regulations on the collection of information on labor supply and demand and foreign workers in Vietnam?
What are the regulations on the collection of labor supply information?
According to Section 1 Chapter II Circular 01/2022/TT-BLDTBXH of Vietnam on guidelines for collecting, storing and consolidating labor market information stipulating as follows:
Persons from whom information is collected
Persons from whom information is collected are 15 or older and permanently residing in the area where the information collection takes place.
Previously, Circular 27/2015/TT-BLDTBXH of Vietnam stipulated that the persons from whom information is collected on labor supply were employees.
Information to be collected
- Information to be collected
+ Full name; date of birth; sex; ethnic group; identification number.
+ Highest general education level; qualifications and major.
+ Primary job he/she is doing (name of the job; position; workplace (name, type of business, economic sector, address)).
+ Unemployment status (primary job before unemployment, unemployment period).
+ Reason for failure to engage in economic activities.
+ Training and employment demands.
- When there any change or error in the information specified in clause 1 of this Article, the organization or individual responsible for information collection shall update and adjust it.
Collection procedures
- Prepare for collection
+ Survey current information and data on labor supply.
+ Determine the plan, time and place for the collection.
+ Provide equipment and vehicle for the collection.
+ Determine the collection costs.
+ Notify units and individuals concerned for the collection.
- Collect information
+ Formulate a form for collection of labor supply information on local demands, which shall contain at least the information specified in the Form No. 01 enclosed herewith.
+ Collect information using the form formulated; address the issues that arise or make adjustments to the form (if necessary).
+ Examine and confirm information.
+ Digitally enter and review the collected information.
- Transfer and use information and data
+ Transfer information and data (in digital or physical form).
+ Update information and data to the LMI storage and consolidation system.
+ Prepare a report and carry out consolidation as prescribed.
- The Department of Labor, War Invalids and Social Affairs of the province or central-affiliated city (hereinafter referred to as “the Department of Labor, War Invalids and Social Affairs”) shall rely on the status and demand for information and data on local labor supply and demand therefor to formulate a collection plan and update and collect labor supply information.
From March 10, 2022, what are the regulations on the collection of information on labor supply and demand and foreign workers working in Vietnam?
What are the regulations on the collection of labor demand information?
According to Section 2 Chapter II Circular 01/2022/TT-BLDTBXH of Vietnam on guidelines for collecting, storing and consolidating labor market information stipulating as follows:
Persons from whom information is collected
Persons from whom information is collected are employers specified in clause 2 Article 3 of the Labor Code.
Previously, Circular 27/2015/TT-BLDTBXH of Vietnam stipulated that persons from whom information is collected of the Labor demand information are employers.
Information to be collected
1. Information to be collected
a) The employment status specified in clause 2 Article 12 of the Labor Code.
b) Employers’ recruitment demands.
2. When there any change or error during the collection of the information specified in clause 1 of this Article, the organization or individual responsible for information collection shall update and adjust it.
Previously, Article 9 of Circular 27/2015/TT-BLDTBXH of Vietnam stipulated on information to be collected as follows:
“Article 9. Collecting contents
1. Identification, including names, addresses, types and codes of the employers.
2. Main business lines.
3. Salaries.
4. Number of employees classified by genders, types, labor contracts, positions, education levels, and professional levels.
5. Number of employees recruited according to their professional competence.”
Collection procedures
- Procedures for collection of information about the employment status specified in point a clause 1 Article 10 of this Circular shall comply with the regulations set out in Article 4 of the Government’s Decree No. 145/2020/ND-CP dated December 14, 2020.
- Procedures for collecting and updating the information about employers’ recruitment demands specified in point b clause 1 Article 10 of this Circular are as follows:
+ Prepare for collection
++ Survey current information and data on labor demand.
++ Determine the plan, time and place for the collection.
++ Equipment and vehicle for the collection.
++ Determine the collection costs.
++ Notify organizations and individuals concerned for the collection.
+ Collect information
++ Formulate a form for collection of information about employers’ recruitment demand on local demands, which shall contain at least the information specified in the Form No. 02 enclosed herewith; address the issues that and make adjustments to the form (if necessary).
++ The employment service center shall regularly collect and update employers’ recruitment information according to the Form No. 03a/PL01 enclosed with to the Government’s Decree No. 23/2021/ND-CP dated March 19, 2021.
++ Examine and confirm information.
++ Digitally enter and review the collected information.
+ Transfer and use employers’ information and data.
++ Transfer information and data (in digital or physical form).
++ Update information and data to the system for storage and consolidation of information about employers’ recruitment demand.
++ Prepare a report and carry out consolidation as prescribed.
- The Department of Labor, War Invalids and Social Affairs shall rely on the status and demand for information about status and local demand for employment of employees so as to formulate a collection plan and update and collect labor demand information.
What are the regulations on collection of information about foreign workers in Vietnam?
According to Section 3 Chapter II Circular 01/2022/TT-BLDTBXH of Vietnam on guidelines for collecting, storing and consolidating labor market information stipulating collection of information about foreign workers in Vietnam as follows:
Persons from whom information is collected
Persons from whom information is collected are foreign workers working in Vietnam under the Labor Code.
Information to be collected
- Information to be collected
+ Full name; date of birth; sex; nationality; passport number; work permit.
+ Qualifications and major.
+ Job position; job title; work method; type of business; work experience; practicing certificate (if any).
+ Working place and time.
- When there any change or error during the collection of the information about foreign workers working in Vietnam specified in clause 1 of this Article, the organization or individual responsible for information collection shall update and adjust it.
Previously, Article 13 of Circular 27/2015/TT-BLDTBXH of Vietnam stipulated collecting contents as follows:
“Article 13. Collecting contents
1. Personal information, including full names, nationalities, dates of birth, genders, and passports.
2. Work permits.
3. Jobs, including positions and medium salaries.”
Collection procedures
By relying on the system of information and data on approval for demand for employment of foreign workers; foreign workers not required to obtain the work permit; issuance, re-issuance, extension and revocation of work permits as prescribed by law on foreign workers working in Vietnam, the Department of Labor, War Invalids and Social Affairs shall collect and update information and data to the system for storage and consolidation of foreign workers working in Vietnam according to the Form No. 03 enclosed herewith.
Where foreign workers comply with the regulations set out in point a clause 1 Article 30 of the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020 and, collect information using the Form No. 03 enclosed herewith.
Circular 01/2022/TT-BLDTBXH takes effect from March 10, 2022 and replaces Circular 27/2015/TT-BLDTBXH dated July 24, 2015.
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