Page 11 - VSIP News QII - 2013

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Legal Update
12 June 2013
New Decree on labour outsourcing
On 22 May 2013, the Government issued Decree No. 55/2013/ND-CP (“Decree 55”) to clarify Article 54.3 of the 2012 La-
bour Code regarding the conditions for licensing labour outsourcing activities.
Below are some points of Decree 55 that may be of interest:
• Upon establishment, a company providing labour outsourcing services must pay an escrow deposit of VND2 bil
lion (held with a commercial bank) and obtain a sub-licence from the Ministry of Labour, War Invalids and Social
Affairs.
• The maximum term for supplying a particular worker is 12 months. Once the 12-month term expires, that worker
can no longer be supplied to the same company.
• Labour outsourcing is permitted where an employer needs to (i) temporarily meet a sudden increase in the
requirement for labour for a definite period of time; (ii) temporarily replace employees on maternity leave,
employees affected by labour accidents/work-related diseases, employees who must carry out civic obligations or
employees who must reduce their working hours; or (iii) source highly-skilled workers.
• Only the following 17 jobs can be outsourced:
1. Interpreter/translator/stenographer
2. Secretary/administrative assistant
3. Receptionist
4. Tour guide
5. Sales assistant
6. Project assistant
7. Programmer for manufacturing machinery systems
8. Technician for manufacture or installation of television and telecommunication equipment
9. Technician for operating, testing or repairing construction machinery and equipment, or for
manufacturing electrical systems
10.Sanitation worker for buildings and factories
11. Document editor
12. Security guard/bodyguard
13. Telemarketer/customer service worker via telephone
14. Financial and tax issue processor
15. Repairing/testing technician for automobiles
16. Scanning and industrial technical drawing artist/interior designer
17. Driver