Thông tư 20/2021/TT-BLĐTBXH Hệ thống cơ sở dữ liệu về người lao động Việt Nam đi làm việc ở nước ngoài theo hợp đồng

CIRCULAR

On the Database system of Vietnamese guest workers

Pursuant to the Law No.69/2020/QH14 dated November 13, 2020 on Vietnamese Guest Workers (Law No.69/2020/QH14);

Pursuant to the Government’s Decree No. 14/2017/ND-CP dated 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. 112/2021/ND-CP dated December 10, 2021, detailing a number of articles and measures to implement the Law on Vietnamese Guest Workers;

At the request of the Director of the Department of Overseas Labor;

The Minister of Labor, Invalids and Social Affairs promulgates a Circular on the Database system of Vietnamese guest workers.

Chapter II

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the management, operation and utilization of the database system of Vietnamese guest workers (hereinafter referred to as the Database system); updating information onto the Database system; connection, sharing of information and data on Vietnamese guest workers.

Article 2. Subjects of application

1. Vietnamese guest workers.

2. Enterprises sending Vietnamese workers abroad as guest workers.

3. Non-business units which are assigned the task of sending Vietnamese workers abroad as guest workers.

4. Agencies, organizations and individuals involved in the field of Vietnamese guest workers.

Article 3. Interpretation of terms

1. Operations on the Database system are operations performed online on the Database system on Vietnamese guest workers.

2. Information on Vietnamese guest workers (hereinafter referred to as worker information) are basic information (full name, date of birth, gender, personal identification number/identity card/passport, professional qualifications, job skills, current place of residence, phone number) and information on the process of working abroad (exit/entry information, labor-receiving party, working address, industry, salary, contract duration, abroad working status).

3. Code numbers of Vietnamese guest workers (hereinafter referred to as worker numbers) are personal identification numbers or citizen’s identity card numbers of the workers.

Article 4. Structure and functions of the Database system

1. The Database system is the collection of data and information on Vietnamese guest workers which is managed, operated and shared by the Ministry of Labor, Invalids and Social Affairs through the Local Government Service Platform (LGSP).

2. Functions of the Database system include:

a) Updating, storing, exploiting and sharing database on Vietnamese guest workers;

b) Performing online the operations on sending of Vietnamese workers abroad as guest workers.

c) Managing Vietnamese guest workers by worker number;

d) Integrating, analyzing and synthesizing data for State management agencies to evaluate, orient and develop plans on Vietnamese guest workers.

Article 5. Principles of operating, managing, exploiting, sharing and performing operations on the Database System

1. The operation and management of the Database System must comply with law provisions on electronic transactions, electronic storage, security, safety, protection of data, information security and other relevant regulations; information and data exchanged on the database system are encrypted and digitally signed, ensuring integrity and authenticity.

2. The data mining is carried out in accordance with the Law on Access to Information and current law provisions.

3. The sharing of information and data on the database system is to serve workers, businesses and non-business units; to comply with law provisions in the creation, management and use of data; ensure not to affect the rights and responsibilities of involved enterprises, organizations and individuals; must not infringe upon the rights on private life, personal secrets, family secrets or business secrets, unless otherwise provided by law.

Article 6. Grant and register account on the Database system

1. Agencies and units which are granted accounts to access the Database system include:

a) Department of Overseas Labor affiliated to the Ministry of Labor, Invalids and Social Affairs;

b) The specialized labor agencies under the of the provincial People’s Committees;

c) Overseas Vietnamese representative missions.

2. Enterprises; non-business units; organizations and individuals engaged in offshore investment and Vietnamese citizens concluded to the labor contracts after exiting the country shall register an account on the Database system at http://molisa.gov.vn

3. Accounts which have been granted as prescribed in the Circular No. 35/2017/TT-BLDTBXH dated December 29, 2017, on management, operation and utilization of the database of guest worker program (hereinafter referred to as the Circular No. 35/2017/TT-BLDTBXH) shall continue to be used and managed in accordance with this Circular.

Chapter II

USE AND MANAGEMENT OF THE DATABASE SYSTEM

Article 7. Grant of licenses for provision of the services of sending Vietnamese workers abroad as guest workers

1. The enterprises applying for licenses as prescribed in Article 12 of the Law on Vietnamese Guest Workers shall operate as follows:

a) Log in to the account, access the section of “License register” and fill in the information according to the application form for the license for the provision of the services of sending Vietnamese workers abroad as guest workers;

b) Upload documents as specified on the Database system;

c) Sign by digital signature and submit the dossiers online.

2. Within the time limit of 20 days from the date of receipt of valid dossiers on the Database system, the Ministry of Labor, Invalids and Social Affairs shall issue the License to the enterprise, the original License shall be provided directly at the single-window section or by postal service; in case of refusal to grant the License, a written reply must be given, clearly stating the reason. The processing status of the dossier shall be displayed on the Database system.

Article 8. Information adjustment of the Licenses for provision of the services of sending Vietnamese workers abroad as guest workers

1. Enterprises requesting to adjust license information as specified in Article 13 of the Law No. 69/2020/QH14 shall:

a) Log in to the account, access the “License information adjustment” section and declare the information to adjust the license of the enterprise;

b) Upload documents related to information that needs to be changed which were stated in the issued License onto the database system;

c) Sign by digital signature and submit the dossiers online.

2. Within the time limit of 05 days from the date of receipt of valid dossiers on the Database system, the Ministry of Labor, Invalids and Social Affairs shall adjust information of the License to the enterprise, the original License shall be provided directly at the single-window section or by postal service. The processing status of the dossiers shall be displayed on the Database system.

Article 9. Other operations

1. Enterprises, non-business units, organizations and individuals who are investing abroad, workers register to prepare labor resources; register for labor supply contract; request to confirm the list of workers expected to leave the country; register for internship contract; register for labor contracts directly concluded after exiting the country; report on the plan to send Vietnamese workers to work abroad of the Vietnamese enterprises which win the bidding or receive the contract for the oversea project; report on the plan to send Vietnamese workers to work abroad of the organizations or individuals investing abroad and other operations shall be implemented as follows:

a) Log in to the account, access the operations that need to be performed and declare information according to the instructions of the Database system;

b) Upload documents as specified on to the Database system;

c) Sign by digital signature and submit the dossiers online.

2. Within the time limit of 05 days from the date of receipt of valid dossiers on the database system, the Ministry of Labor, Invalids and Social Affairs shall reply in writing on acceptance; in case of refusal, the reason must be clearly specified. The processing status of the dossiers shall be displayed on the Database system.

Article 10. Updating information about enterprises’ branches

Vietnamese enterprises providing the service of sending Vietnamese workers abroad as guest workers (hereinafter referred to as service enterprises) shall log in to the account, access the “Enterprise’s branches” section and update the information of the branches within the time limit of 05 working days after assigning or stopping the assignment on providing the service of sending Vietnamese workers abroad as guest workers to the branches or the branches have stopped their operation.

Article 11. Updating worker information by worker number

Enterprises, non-business units, specialized labor agencies, Vietnamese organizations and individuals engaged in offshore investment, Vietnamese citizens shall log in to their accounts and access the section of “Worker's information” and update the information as follows:

1. Within the time limit of 05 days after the workers leave the country and before the 20th day every month when there are changes and/or arising incidents during the period of working abroad, enterprises shall update information about the worker until the termination of the contract.

2. Within the time limit of 05 working days after the workers left the country, the Vietnamese enterprises who win the bid or receive overseas works, projects; organizations, individuals conducting offshore investment; Vietnamese enterprises sending workers abroad for training, improving qualifications, working skills shall update information about the workers.

3. The specialized labor agencies under the provincial People’s Committees shall update information about Vietnamese guest workers under the confirmed contracts which are directly concluded as specified in Article 53 of the Law No. 69/2020/QH14.

4. Vietnamese citizens who signed contracts after exiting the country have registered online for labor contracts as specified in Article 54 of the Law No. 69/2020/QH14 shall update the information when there are changes or arising incidents during the period of working abroad until the termination of the contracts.

Chapter III

CONNECTION AND SHARING OF THE DATABASE ON VIETNAMESE GUEST WORKERS

Article 12. Connection and sharing of the database with the e-portal of the Department of Overseas Labor, the Ministry of Labor, Invalids and Social Affairs

Information and data are automatically updated and shared from the Database system onto the e-portal of the Department of Overseas Labor, including:

1. Information on the Licenses for provision of the services of sending Vietnamese workers abroad; information on the handling of administrative violations for service enterprises in the field of sending Vietnamese workers working abroad.

2. Information on preparation of labor resources; registration for the labor supply contracts, registration for internship contracts; registration for labor contracts directly concluded after exiting the country; the sending of Vietnamese workers to work abroad of the Vietnamese enterprises which win the bid or receive the contract for the oversea works, projects; the sending of Vietnamese workers to work abroad of the organizations or individuals investing abroad.

3. Other information about the sending of Vietnamese workers abroad as guest workers.

Article 13. Connection and sharing of the database with other information systems

1. The Database system shall be connected and have its information and data shared with the Vocational Education Database and the Labor Market Database for employers and employees to access and exploit, use the information and find suitable occupations.

2. The Database system shall be connected and have its information and data shared with the National Public Service Portal, the Public Service Portal of the Ministry of Labor, Invalids and Social Affairs and other information systems and databases in accordance with law provisions.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 14. Responsibilities of organizations and individuals

1. To manage and secure information of the granted accounts.

2. To be responsible for the accuracy and integrity of the information and data posted and updated on the Database system.

3. To share data and information within their authority. Not to create or distribute programs and software with the purpose of ruining the Database system.

Article 15. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. The Department of Overseas Labor affiliated to the Ministry of Labor, Invalids and Social Affairs shall be responsible for;

a) Managing workers sent to work abroad as guest workers by worker number which is integrated on the Database system;

b) Operating, managing and exploiting the Database system effectively and safely; promptly report and coordinate to solve arising problems;

c) Organizing training and guide to use the Database system;

d) Reviewing and evaluating regularly the effectiveness and proposing solutions in the management and operation of the Database system;

dd) Making annual budget estimates for updating and upgrading the Database system.

2. The Information Center affiliated to the Ministry of Labor, Invalids and Social Affairs shall be responsible for;

a) Administering information technology infrastructure and equipment at the Data Integration Center of the Ministry of Labor, Invalids and Social Affairs to ensure smooth, safe and secure operation of the Database system.

b) Reviewing and proposing schedules and plans to ensure the continuous operation of the Database system;

c) Making annual budget estimates for the maintenance and operation of the Database system at the Data Integration Center.

Article 16. Responsibilities of the specialized labor agencies under the of the provincial People’s Committees;

1. To update information on Vietnamese guest workers as prescribed in Clause 3 Article 11 this Circular.

2. To exploit and use the Database system as prescribed in Article 14 of this Circular.

Chapter V

IMPLEMENTATION ORGANIZATION

Article 17. Transitional provisions

Information and data of the database as prescribed in the Circular No. 35/2017/TT-BLDTBXH shall continue to be exploited and used in accordance with this Circular.

Article 18. Effect

1. This Circular takes effect on February 01, 2022.

2. The Circular No. 35/2017/TT-BLDTBXH dated December 29, 2017 shall cease to be effective from the effective date of this Circular.

3. Enterprises; non-business units; organizations and individuals engaged in offshore investment and Vietnamese citizens concluded to the labor contracts after exiting the country shall:

a) Operate online on the Database system as prescribed in this Circular for the following operations: registration for labor contracts directly concluded after exiting the country, update of information on service enterprises’ branches software, update of information on workers;

b) Select the form of direct or via postal service to the competent authorities as prescribed by law or online on the Database system in accordance with this Circular for the following operations: application for licensing, request for adjustment of license information and other operations as specified in Article 9 of this Circular, except for registration of labor contracts directly concluded after exiting the country.

Any difficulties arising in the course of implementation of this Circular should be reported to the Ministry of Labor, Invalids and Social Affairs for prompt instruction and amendment./.

For the Minister

The Deputy Minister

Nguyen Ba Hoan