Thông tư 35/2017/TT-BLĐTBXH của Bộ Lao động Thương binh và Xã hội quy định việc quản lý, vận hành và khai thác cơ sở dữ liệu về người lao động Việt Nam đi làm việc ở nước ngoài theo hợp đồng

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Circular No. 35/2017/TT-BLDTBXH dated December 29, 2017 of the Ministry of Labor, War Invalids and Social Affairs on management, operation and ultilization of the database of guest worker program

Pursuant to the Law on Guest Worker Program dated November 29, 2006;

Pursuant to the Government s Decree No. 126/2007/ND-CP dated August 1, 2007 on guidelines for the Law on Vietnamese Guest Workers;

Pursuant to the Government s Decree No. 64/2007/ND-CP dated April 10, 2007 on information technology application in operation of regulatory agencies;

Pursuant to the Government s Decree No. 43/2011/ND-CP dated June 13, 2011 on information and online public services provided on the websites of regulatory agencies;

Pursuant to the Government s Decree No. 14/2017/ND-CP dated January 17, 2017 on functions, duties, entitlement and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

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

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on management, operation and utilization of the database of guest worker program.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment and subject of application

1. Scope of adjustment

This Circular deals with management, operation and utilization of the database of guest worker program, including: receipt of applications for issuance or re-issuance of guest worker program licenses, registration of manpower supply contract, registration of information about enterprises engaging in guest worker program (hereinafter referred to as enterprises), operation of reporting system associated with Vietnamese guest workers.

2. Subject of application

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

b) Information Center affiliated to the Ministry of Labor, War Invalids and Social Affairs;

c) Overseas Labor Center affiliated to the Ministry of Labor, War Invalids and Social Affairs;

d) Department of Labor, War Invalids and Social Affairs of provinces and central-affiliated cities (hereinafter referred to as provinces);

dd) The labor management department of the overseas representative office of the Socialist Republic of Vietnam (hereinafter referred to as labor management department of the overseas representative office);

e) Enterprises operating under the Law on Enterprises that applies for guest worker program licenses;

g) Enterprises obtaining guest worker program licenses;

h) Other entities relating to operation, management, and utilization of database.

Article 2. Interpretation of terms

1. Guest worker program database refers to a software gathering data and information structure in connection with guest worker program services. The database enables users to access, update information, and use data to manage, analyze, evaluate and orient guest worker program services.

2. The domain name of guest worker program database is csdl.dolab.gov.vn.

3. The documentation prescribed in Articles 4, 5, 6, and 7 of this Circular refers to documents converted into portable document format (pdf), document (doc, docx) or joint photographic experts group (jpg); the conversion must ensure the integrity of physical copy.

Article 3. Regulations on access, mechanism for safety, security, use and sharing of information

1. An entity prescribed in Clause 2 Article 1 of this Circular may register and sign up an account for accessing database.

2. A user of database account shall:

a) Change the password upon issuance of account, keep the account security;

b) Use data properly within the authorization as prescribed; refrain from illegally accessing the database;

c) Manage the utilized data: a user may not disclose any information on the database to a third party for wrong purpose unless the Minister of Labor, War Invalids and Social Affairs licenses to do so;

d) Refrain from changing, deleting, copying, disclosing, displaying, or moving illegally any or all of data, refrain from creating or spreading software programs for the purpose of sabotaging the database;

dd) Communicate database defects to the Department of Overseas Labor Management in a timely manner.

Chapter II

OPERATION AND UTILIZATION OF DATABASE

Article 4. Issuance of guest worker program licenses

1. An enterprise shall log in the database using its account, access the tab “New permit” to fill information in the application for permit; upload an application for licensing as prescribed in Clause 1 Article 10 of the Law on Vietnamese guest workers.

2. Within 5 working days from the date on which the application for licensing through database, the licensing agency shall reply whether the application is satisfactory or unsatisfactory with laws and regulations; if the application is rejected, the licensing agency shall provide explanation in writing and request the enterprise to provide required documentation.

3. Within 5 working days from the date on which the reply certifying the satisfactory application is received, the enterprise shall submit an original of application to the licensing agency for inspection and collation as prescribed.

a) If the original of application is consistent with the application uploaded on the database, the licensing agency shall respond in writing to the enterprise within 5 working days from the receipt of the original.

b) If the original of application is consistent with the application uploaded on the database, the licensing agency must consult with competent persons in writing as prescribed in Points a, b and c Clause 2 Article 10 of the Law on Vietnamese Guest Workers within 5 working days from the receipt of the original of application.

4. Within 5 working days from receipt of replies from competent persons as prescribed in Points a, b and c Clause 2 Article 10 of the Law on Vietnamese Guest Workers, the licensing agency shall issuance licenses to enterprises. If the application is rejected, the licensing agency shall provide explanation.

5. After the license is issued, the result shall be showed on the database and website of the Department of Overseas Labor Management.

6. The enterprise’s registration account shall be deleted from the database if the application is considered unsatisfactory and the current license is not renewed within 30 days from the receipt of response from the licensing agency.

Article 5. Replacement of guest worker program licenses

1. The enterprise shall log in to the account; use the function “license placement” to fill in the application for replacement of license; update changed information and send the application for replacement of license as prescribed in Clause 2 Article 11 of the Law on Vietnamese Guest Workers.

2. Within 10 working days from the date on which the application for replacement of license through database, the licensing agency shall reply whether the application is satisfactory or unsatisfactory with laws and regulations; if the application is rejected, the licensing agency shall provide explanation in writing and request the enterprise to provide required documentation.

3. If the application for replacement of license is considered satisfactory, the enterprise shall submit the original of application for replacement of license to the licensing agency for inspection, collation and archive as prescribed.

a) If the original of application for replacement of license is inconsistent with the application, the licensing agency shall respond in writing or through the database the refusal of replacement.

b) If the original of application for replacement of license is consistent with the application, within 3 days from the receipt of original application, the licensing agency shall give processing result to the enterprise.

4. After the license is replaced, the result shall be showed on the database and website of the Department of Overseas Labor Management.

Article 6. Reissuance of guest worker program licenses

1. The enterprise shall log in to the account; use the function “license reissuance” to fill in the application for reissuance of license; and send the application for reissuance of license as prescribed in Clause 2 Article 12 of the Law on Vietnamese Guest Workers.

2. Within 07 working days from the date on which the application for reissuance of license through database, the licensing agency shall reply whether the application is satisfactory or unsatisfactory with laws and regulations; if the application is rejected, the licensing agency shall provide explanation in writing and request the enterprise to provide required documentation.

3. If the application for reissuance of license is considered satisfactory, the enterprise shall submit the original of application for reissuance of license to the licensing agency for inspection, collation and archive as prescribed.

a) If the original of application for reissuance of license is inconsistent with the application, the licensing agency shall respond in writing or through the database the refusal of reissuance.

b) If the original of application for reissuance of license is consistent with the application, within 3 days from the receipt of original application, the licensing agency shall give processing result to the enterprise.

4. After the license is reissued, the result shall be showed on the database and website of the Department of Overseas Labor Management.

Article 7. Registration of manpower supply contract

1. The enterprise shall log in to the account. The enterprise shall use the function "contract registration”; fill in the application for registration of manpower supply contract, and then send the application as prescribed in Article 19 of the Law on Vietnamese Guest Workers.

2. Within 05 working days from the date on which the application for registration of manpower supply contract, the Department of Overseas Labor Management shall reply whether the application is satisfactory or unsatisfactory with laws and regulations; if the application is rejected, the licensing agency shall provide explanation in writing and request the enterprise to provide required documentation.

3. After receiving the result that the application is satisfactory, the enterprise shall submit the application original to the Department of Overseas Labor Management for inspection, collation as prescribed.

a) If the original of application for registration of contract is inconsistent with the application, the Department of Overseas Labor Management shall respond in writing or through the database the refusal of registration.

b) If the original of application for registration of contract is consistent with the application, within 3 days from the receipt of original application, the Department of Overseas Labor Management shall give processing result to the enterprise.

4. After the result is provide, the result shall be showed on the database and website of the Department of Overseas Labor Management.

Article 8. Update of information about workers and enterprises

1. The enterprise shall log in to the account; update information in the tab “Worker information” following the steps below:

a) Create a new document for workers chosen by the enterprise;

b) Update personal information of workers;

c) Update information about workers during the training, guest worker program, and contract termination.

2. Departments of Labor, War Invalids and Social Affairs of provinces shall log in to the account; update the information about workers in the tab “Worker information” following the steps below:

a) Create a new document for workers who register individual contracts or workers sent by the enterprise abroad for advanced skills training in less than 90 days;

b) Update personal information of workers;

c) Update the information about individual contracts, advanced skills training contracts in less than 90 days.

3. The overseas labor center shall log in to the account; update information in the tab “Worker information” following the steps below:

a) Create a new document for workers chosen by the overseas labor center;

b) Update personal information of workers;

c) Update information about workers during the training, guest worker program, and contract termination.

4. The enterprise shall log in to the account; update database in terms of branches, representative offices, business locations and training institutions of enterprise in the tabs “branch registration”, “representative office”, “business location” and "training institution” following the steps below:

a) Create a new document for the branch, representative office, business location, or training institution;

b) Update information about branch, representative office, business location, or training institution; and enclosed documents.

Article 9. Use of reporting system

1. Department of Overseas Labor Management shall use the reporting system to aggregate data according to its assigned state management.

2. Departments of Labor, War Invalids and Social Affairs of provinces, overseas labor center, and enterprises shall use the reporting system shall extract the data using the format prescribed in Circular No. 21/2007/TT-BLDTBXH dated October 8, 2007 of the Ministry of Labor, War Invalids and Social Affairs.

Chapter III

RESPONSIBILITIES OF DATABASE USERS

Article 10. Responsibilities of database users

1. Department of Overseas Labor Management

a) Formulate regulations on operation of database of units affiliated to Ministries and submit them to the Ministry of Labor, War Invalids and Social Affairs;

b) Issue accounts, give authorization, manage, use and share information to database intended users;

c) Prepare annual budget estimates intended for upgrade and maintenance of practice requirements in accordance with the change of applicable law and submit them to competent authorities for consideration.

2. The information center shall administer database to justify information security and database safety; cooperate with the Department of Overseas Labor Management in managing database; back up, maintain and upgrade database.

3. Each Department of Labor, War Invalids and Social Affairs of province shall:

a) Update information about guest workers under individual contracts and advanced skills training in less than 90 days.

b) Use data on the database in conformity with the authorization;

c) Use the data on the database to inspect enterprises in the province.

4. The labor management department of the overseas representative office shall

a) Utilize the data of guest worker program according to labor market;

b) Use data on the database in conformity with the authorization;

c) Use the data on the database to inspect enterprises in the province.

5. Entities prescribed in Points c, e, g, h and I Clause 2 Article 1 of this Circular shall update complete information as prescribed on the database.

Chapter IV

IMPLEMENTATIONORGANIZATION

Article 11.Effect

1. This Circular takes effect after 45 days on the signing date.

2. An enterprise prescribed in Point e and g Clause 2 of Article 1, when applying for issuance, reissuance, or replacement of guest worker program licenses, registration of contract or enterprise information, or operating reporting system, may choose one of the following options:

a) Follow the relevant procedure in person or by post as per the law.

b) Follow the relevant procedure through database as prescribed in this Circular.

Article 12. Implementationorganization

1. The Chief of the Ministry Office, heads of units affiliated to the Ministry of Labor, War Invalids and Social Affairs, Directors of Departments of Labor, War Invalids and Social Affairs of provinces, and relevant agencies shall, within their functions and entitlement, initiate, provide guidelines and inspect the implementation of this Circular.

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

For the Minister

The Deputy Minister

Doan Mau Diep