How is the process of collecting labor demand information in Vietnam by the current regulation?

Main Content

• What do labor demand information and data include?
• Who are collected labor demand information?
• What does the content of labor demand information include?
• What is the process of collecting labor demand information in Vietnam?

What do labor demand information and data include?

According to the provisions of Clauses 1 and 2, Article 3 of Circular 01/2022/TT-BLDTBXH, labor supply information and data include:

"Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “labor supply information and data” include basic information of employees about their demography, general education, qualifications, education and training and employment.

2. “labor demand information and data” includes basic information of employers about their types of business, economic sectors, employment and demand for employment.

3. “digital data” means data in the form of symbols, letters, numbers, images, sound or the like represented by digital signals. Digital data contains digital information and is shared through data messages."

Thus, labor demand information and data includes basic information of employers about their types of business, economic sectors, employment and demand for employment.

Who are collected labor demand information?

According to the guidance in Article 9 of Circular 01/2022/TT-BLDTBXH, the subjects to collect information on labor demand include:

"Article 9. Persons from whom information is collected

Persons from whom information is collected are employers specified in clause 2 Article 3 of the Labor Code."

Persons from whom information is collected including employer that means an enterprise, an agency, an organization, a cooperative, a household or an individual that hires or employs employees under labor contracts; if the employer is an individual, he/she must have full civil act capacity.

What does the content of labor demand information include?

According to the guidance in Article 10 of Circular 01/2022/TT-BLDTBXH on the content of collecting labor demand information as follows:

"Article 10. 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."

Thus, the content of the employer's employment according to the provisions of Clause 2, Article 12 of the Labor Code 2019 is as follows:

"Article 12. Responsibility of an employer for employee management

...

2. Declare the employment status within 30 days from the date of commencement of operation, and report periodically on changes of employees during operation to the local labor authority under the People’s Committee of the province (hereinafter referred to as “provincial labor authority") and to the social security authority."

What is the process of collecting labor demand information in Vietnam?

According to the provisions of Article 4 of Decree 145/2020/ND-CP, the process of collecting employment information of the employer is:

"Article 4. Employment report

Declaration of employment status and periodic reports on changes of employees mentioned in Clause 2 Article 12 of the Labor Code are elaborated as follows:

1. The employer shall declare the employment status in accordance with the Government’s Decree No. 122/2020/ND-CP dated October 15, 2020.

2. The employer shall submit biannual reports (before June 05) and annual reports (before December 05) on changes of employees to the Provincial Department of Labor, War Invalids and Social Affairs through the National Public Service Portal according to Form No. 01/PLI in Appendix I hereof and send notifications to the social insurance authorities of the districts where the headquarters, branches and representative offices are located. In case the employer cannot submit the report through the National Public Service Portal, physical reports (Form No. 01/PLI in Appendix I hereof) shall be sent to the Provincial Department of Labor, War Invalids and Social Affairs and the social insurance authorities of the districts where the headquarters, branches and representative offices are located.

Provincial Departments of Labor, War Invalids and Social Affairs shall update information in physical reports submitted by the employers and complete Form No. 02/PLI in Appendix I hereof.

3. Provincial Departments of Labor, War Invalids and Social Affairs shall submit biannual reports before June 15 and December 15 to the Ministry of Labor, War Invalid and Social Affairs on employment status in their provinces through National Public Service Portal according to Form No. 02/PLI in Appendix I hereof

Provincial Departments of Labor, War Invalids and Social Affairs that cannot submit their reports through the National Public Service Portal may submit physical reports to the Ministry of Labor, War Invalid and Social Affairs."

According to the provisions of Clause 2, Article 11 of Circular 01/2022/TT-BLDTBXH, the process of collecting and updating information about the employer's recruitment needs is:

"Article 11. Collection procedures

...

2. 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:

a) 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.

b) 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.

c) 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."