Thông tư 01/2022/TT-BLĐTBXH hướng dẫn thu thập, lưu trữ, tổng hợp thông tin thị trường lao động

CIRCULAR

Guiding the collection, storage and synthesis of labor market information^[1]

Pursuant to the November 16, 2013 Law on Employment;

Pursuant to the Government’s Decree No. 14/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 47/2020/ND-CP of April 9, 2020, on the management, connection and sharing of digital data of state agencies;

Pursuant to the Government’s Decree No. 23/2021/ND-CP of March 19, 2021, detailing Clause 3, Article 37, and Article 39 of the Law on Employment regarding employment service centers and enterprises;

At the proposal of the Department of Employment;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular guiding the collection, storage and synthesis of labor market information.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the collection, storage and synthesis of labor market information other than labor market information belonging to the national statistical indicator system, which falls under the management of the Ministry of Labor, Invalids and Social Affairs.

Article 2. Subjects of application

This Circular applies to agencies, organizations and individuals involved in the collection, storage and synthesis of labor market information other than labor market information belonging to the national statistical indicator system, which falls under the management of the Ministry of Labor, Invalids and Social Affairs.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Information and data on labor supply include basic demographic information and information on general education level, professional qualifications, fields of education and training, and employment status of workers.

2. Information and data on labor demand include basic information on the business type and sector, and employment and recruitment demand of employers.

3. Digital data means data in the form of signs, scripts, numerals, images or sound, or a similar form which are demonstrated by digital signals. Digital data carry digital information and are shared in the form of data messages.

Article 4. Principles of collection, storage and synthesis of labor market information

1. The collection of labor market information must ensure the timeliness, accuracy, honesty, scientificness, objectivity and inheritance.

2. Labor market information and data shall be managed, stored and kept confidential in accordance with the law on storage and protection of state secrets.

Article 5. Formulation of plans on collection, storage and synthesis of labor market information

1. Principles of plan formulation

a/ To promptly serve the state management of labor and employment, meet socio-economic development requirements, and ensure national defense and security.

b/ To ensure that data are collected in an accurate, adequate and systematical manner; meeting the requirements of the National Digital Transformation Program.

c/ To integrate in activities based on assigned functions and tasks, avoiding task overlapping.

d/ To ensure effectiveness, feasibility and economical use of funds and resources.

dd/ To ensure that time of plan formulation and approval is conformable to the allocation of fund estimates and plan implementation under regulations.

2. Bases for plan formulation

a/ Requirements of state management of labor, employment and requirements on socio-economic development and national defense and security assurance.

b/ Provisions of legal documents.

c/ Assigned functions, and tasks and vested powers.

d/ Programs, schemes, projects, themes and tasks approved by competent authorities.

dd/ Contents of the labor market information specified in Clause 1, Article 7 and Clause 1, Article 10 of this Circular, which serve as a basis for the collection, management, announcement, provision and use of labor market information.

3. A plan on collection, storage and synthesis of labor market information has the following basic contents:

a/ Purposes and requirements of collection, storage and synthesis of labor market information.

b/ Volume of to-be-collected labor market information.

c/ Contents of the collection, storage and synthesis of labor market information.

d/ Products obtained from the collection, storage and synthesis of labor market information.

dd/ Plan and human resources for implementation.

e/ Organization of implementation.

g/ Fund estimates.

Chapter II

COLLECTION OF LABOR MARKET INFORMATION

Section 1

COLLECTION OF LABOR SUPPLY INFORMATION

Article 6. Subjects of information collection

Subject to information collection are people who are aged full 15 years or older and permanently residing in the localities where the information is collected.

Article 7. To-be-collected information contents

1. To-be-collected information contents include:

a/ Family name, middle name and first name; date of birth; gender; ethnic group; personal identification number.

b/ Highest general education level; professional qualifications and training discipline.

c/ Current full-time job (name of the job; job position; workplace (name, business type or sector, address)).

d/ Unemployment situation (full-time job before becoming unemployed; unemployment duration).

dd/ Reason for not participating in economic activities.

e/ Training and employment demand.

2. When there is a change or an error in information contents specified in Clause 1 of this Article, agencies, organizations and individuals in charge of information collection shall update or correct the information.

Article 8. Process of information collection

1. Preparing information collection

a/ Conducting a survey on the current state of labor supply information and data.

b/ Determining the plan on, and time and location of, information collection.

c/ Preparing equipment and means serving information collection.

d/ Estimating funds for information collection under regulations.

dd/ Notifying the information collection to related units and individuals for implementation.

2. Collecting information

a/ Formulating a form for collection of labor supply information based on local demands, which must contain at least information items provided in Form No. 01 issued together with this Circular.

b/ Carrying out information collection according to the formulated form; addressing arising problems and modifying the form (when necessary).

c/ Checking and certifying the collected information.

d/ Inputting, collating and digitalizing collected information.

3.  Handing over and using information and data

a/ Handing over collected information and data (in the digital or paper form).

b/ Uploading collected information and data to the system for storage and synthesis of labor market information.

c/ Making reports and statistics under regulations.

4. Provincial-level Departments of Labor, Invalids and Social Affairs shall, based on the current state of and demand for labor supply information and data of localities, formulate and implement plans on collection and updating of labor supply information.

Section 2

COLLECTION OF LABOR DEMAND INFORMATION

Article 9. Subjects of information collection

Subjects of information collection are employers specified in Clause 2, Article 3 of the Labor Code.

Article 10. To-be-collected information contents

1. To-be-collected information contents include:

a/ Labor employment by employers under Clause 2, Article 12 of the Labor Code.

b/ Labor recruitment demand of employers.

2. When there is a change or an error in the course of information collection specified in Clause 1 of this Article, agencies, organizations and individuals in charge of information collection shall update or correct the information.

Article 11. Process of information collection

1. The process of collection of information on labor employment of employers specified at Point a, Clause 1, Article 10 of this Circular must comply with Article 4 of the Government’s Decree No. 145/2020/ND-CP of December 14, 2020, detailing and guiding a number of articles of the Labor Code regarding labor conditions and industrial relations.

2. The process of collection and updating of information on employers’ labor recruitment demands specified at Point b, Clause 1, Article 10 of this Circular shall be as follows:

a/ Preparing for information collection

- Conducting a survey of the current state of labor demand information and data.

- Determining a plan on, and time and location of information collection.

- Preparing equipment and means serving information collection.

- Estimating funds for information collection under regulations.

- Notifying the information collection to related units and individuals for implementation.

b/ Collecting information

- Formulating a form for, and carrying out, collection of information on employers’ labor recruitment demands based on local demands, which must have at least the information items provided in Form No. 02 issued together with this Circular; addressing arising problems and modifying the form (when necessary).

- Employment service centers shall collect and regularly update detailed information on labor recruitment by employers according to From No. 03a/PL01 issued together with the Government’s Decree No. 23/2021/ND-CP of March 19, 2021, detailing Clause 3, Article 37, and Article 39, of the Law on Employment regarding employment service centers and enterprises.

- Checking and certifying collected information.

- Inputting, collating and digitalizing collected information.

c/ Handing over and using information and data on employers

- Handing over collected information and data (in the digital or paper form)

- Updating collected information and data onto the system for storage and synthesis of information on employers’ labor recruitment demands.

- Making reports and statistics according to regulations.

3. Provincial-level Departments of Labor, Invalids and Social Affairs shall, based on the actual state of, and demand for, information on the actual state of and demand for the employment of labor of localities, formulate and implement plans on collection and updating of labor demand information.

Section 3

COLLECTION OF INFORMATION ON FOREIGN WORKERS IN VIETNAM

Article 12. Subjects of information collection

Subjects of information collection are foreign workers in Vietnam specified in Labor Code.

Article 13. To-be-collected information contents

1. To-be-collected information contents include:

a/ Full name; date of birth; gender; citizenship; passport number; work permit.

b/ Professional qualifications and training discipline.

c/ Job position; job title; form of employment; type of the enterprise or organization where the employee works; working experience; practice certificate (if any).

d/ Workplace and working period.

2. When there is a change or an error in the course of collection of information on foreign workers in Vietnam as specified in Clause 1 of this Article, agencies, organizations and individuals in charge of information collection shall update or correct the information.

Article 14. Process of implementation

Based on the information and data systems on approval of the demand for foreign workers; foreign workers exempt from work permits; and grant, re-grant, extension and revocation of work permits for foreign workers in accordance with the regulations on foreign workers in Vietnam, provincial-level Departments of Labor, Invalids and Social Affairs shall collect and update information and data onto the system for storage and synthesis of labor market information regarding foreign workers in Vietnam according to Form No. 03 issued together to this Circular.

For foreign workers specified at Point a, Clause 1, Article 30 of the Government’s Decree No. 152/2020/ND-CP of December 30, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, the Department of Employment shall collect information according to Form No. 03 issued together with this Circular.

Chapter III

STORAGE AND SYNTHESIS OF LABOR MARKET INFORMATION

Article 15. Storage of labor market information

1. Agencies, organizations and individuals assigned to collect labor market information shall store collected information and data in accordance with the law on storage and preservation of dossiers and documents in activities of agencies and organizations.

2. Agencies assigned to manage labor market information and data shall take measures to ensure that collected information and data are stored in a safe manner, and regularly examine and ensure safety of electronic information.

Article 16. Systems for storage and synthesis of labor market information

1. Units in charge of management of labor market information and data shall formulate and operate information systems, carry out digitalization, and develop databases serving information and data management, storage and reference, and provide, and require regular updating of, labor market information

2. Requirements and basic functions of an information system include:

a/ Updating information.

b/ Managing and storing information.

c/ Functions serving the management, preservation, provision and use of information.

d/ Publicizing, looking up and searching information.

dd/ Making statistics and reports.

e/ Connecting, integrating and inter-connecting with related information systems.

b/ Ensuring the effectiveness and information safety and security of the system.

3. Provincial-level Departments of Labor, Invalids and Social Affairs shall transmit data on labor supply of localities to the Ministry of Labor, Invalids and Social Affairs for synthesis before December 15 every year; and regularly upload data on employers’ labor recruitment demands and data on foreign workers in Vietnam to the system for storage and synthesis of labor market information.

Article 17. Connection and sharing of labor market information

1. Information which is updated and shared on the Department of Employment’s portal includes:

a/ Information and data on labor supply and demand, change of labor supply and demand in the labor market, and employment status and trends.

b/ Information and data on job positions for which employers have demand for recruitment.    

2. Labor market information systems may connect and share information and data with the Ministry of Labor, Invalids and Social Affairs’ Public Service Portal, the National Public Service Portal, and other information systems and databases in accordance with law.

Article 18. Reporting on labor market information

Provincial-level Departments of Labor, Invalids and Social Affairs shall summarize reports on labor market information of localities made according to Form No. 04 issued together this Circular for submission to provincial-level People’s Committees and the Ministry of Labor, Invalids and Social Affairs before December 15 every year.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 19. Responsibilities of information providers

1. Workers shall provide information on the situation of labor and employment in a timely and sufficient manner to labor market information collectors in localities or provide and update the information by filling in forms (digital or paper forms).

2. Employers shall provide and update information on employment and recruitment demand to competent agencies or provide and update the information by filling in forms (digital or paper form).

Article 20. Responsibilities of labor market information collectors

1. To properly and fully comply with the information collection process.

2. To keep related information and documents confidential and take responsibility for the accuracy and sufficiency of the collected data, and update data and make reports under regulations.

Article 21. Responsibilities of employment service centers

1. To formulate plans on, and organize the collection of labor maker information within their assigned scopes and responsibilities.

2. To organize the collection, updating, storage and synthesis of employers’ recruitment demand to the employment vacancy database system so as to connect labor supply and demand.

3. To report the collection, storage and synthesis of labor market information within the scope of their management to provincial-level Departments of Labor, Invalids and Social Affairs under Article 18 of this Circular.

4. To formulate plans on, and organize the collection and provision of other labor market information under the guidance of competent agencies.

Article 22. Responsibilities of provincial-level People’s Committees

1. To comply with Clause 2, Article 25 of the Law on Employment, and direct provincial-level Departments of Labor, Invalids and Social Affairs to:

a/ Annually formulate plans and processes for collection, storage and synthesis of labor market information in their localities in conformity with requirements of the National Digital Transformation Program for submission to provincial-level People’s Committees for approval and implementation.

b/ Guide units to collect and update labor market information under Chapter II of this Circular.

c/ Systemize, synthesize and publicize labor market information on their websites/portals and websites/portals of provincial-level Departments of Labor, Invalids and Social Affairs.

d/ Transmit labor market information of localities under Clause 3, Article 16 of this Circular.

dd/ Apply information technology in the collection, storage and synthesis of labor market information.

e/ Report on the collection, storage and synthesis of labor market information under Article 18 of this Circular.

g/ Examine and supervise the collection of labor market information of their localities.

2. To direct departments, committees and sectors, and People’s Committees at all levels to:

a/ Coordinate with provincial-level Departments of Labor, Invalids and Social Affairs in formulating and implementing plans on collection, storage and synthesis of labor market information within the scope of their management.

b/ Report on the collection, storage and synthesis of labor market information to provincial-level Departments under Article18 of this Circular.

Article 23. Responsibilities of units under the Ministry of Labor, Invalids and Social Affairs

1. The Department of Employment shall

a/ Guide and support localities in the collection, storage and synthesis of labor market information.

b/ Formulate and manage the system for storage and synthesis of labor market information nationwide; maintain internet transmission lines and data storage on servers, ensuring safety, security and stable operation of the system for storage and synthesis of labor market information.

c/ Examine and supervise the collection, storage and synthesis of local market information in localities.

d/ Summarize and report the collection, storage and synthesis of labor market information.

2. Information centers shall

a/ Assume the prime responsibility for information technology application activities in data integration, and organizing the analysis, synthesis and publicization of labor market information on the Ministry of Labor, Invalids and Social Affairs’ portal.

b/ Coordinate with the Department of Employment and related units in the collection and storage of labor market information.

c/ Guide the development and assurance of information security and safety for the labor market information storage and synthesis system nationwide.

d/ Formulate standards on data connection of the Labor, Invalids and Social Affairs sector to serve as a basis for connecting, integrating and interconnecting labor market data with other relevant information systems.

Article 24. Effect

1. This Circular takes effect on March 10, 2022.

2. The Minister of Labor, Invalids and Social Affairs’ Circular No. 27/2015/TT-BLDTBXH of July 24, 2015, guiding the collection, storage and synthesis of labor market information, ceases to be effective on the effective date of this Circular.

3. In case the legal documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing ones shall prevail.

3. Any problems arising in the course of implementation of this Circular should be promptly reported by agencies, units, and related organizations and individuals to the Ministry of Labor, Invalids and Social Affairs for study and appropriate amendment and supplementation.-

For the Minister of Labor, Invalids and Social Affairs
Deputy Minister
LE VAN THANH