Joint Circular No. 09/2004/TTLT-BLDTBXH-BNV guides the functions, tasks, powers, and organization of specialized agencies assisting People's Committees at all levels in managing state affairs related to labor, war invalids, and social welfare in localities.

JOINT CIRCULAR

Guidelines on the functions, tasks, powers, and organization of specialized agencies assisting local People's Committees at all levels in managing state affairs related to labor, war invalids, and social affairs

Pursuant to Decree No. 29/2003/NĐ-CP dated March 31, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

The Ministry of Labor, Invalids, and Social Affairs and the Ministry of Home Affairs issue guidelines on the functions, tasks, powers, and organization of specialized agencies assisting local People's Committees at all levels in managing state affairs related to labor, invalids, and social affairs as follows:

I. Department of Labor, Invalids, and Social Affairs:

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs; 1. Position and Functions:

The Department of Labor, Invalids, and Social Affairs is a specialized agency under the People's Committee of the province (hereinafter referred to as the Provincial People's Committee); it advises and assists the Provincial People's Committee in performing state management functions related to labor, invalids, and social affairs within its jurisdiction; public services in the field of labor - invalids and social affairs; performs certain tasks and powers delegated by the Provincial People's Committee and as prescribed by law;

The Department of Labor, Invalids, and Social Affairs is subject to the direction and management of the Provincial People's Committee regarding organization, staffing, and personnel work, while also being subject to the direction and supervision of the Ministry of Labor, Invalids, and Social Affairs in terms of professional matters.

2.1. Submit to the Provincial People's Committee for issuance of decisions and directives concerning areas within the Department’s jurisdiction and be responsible for the content of such documents.

2.2. Submit to the Provincial People's Committee long-term plans, five-year plans, and annual plans, programs, and projects within the Department’s jurisdiction that align with the overall socio-economic development plan of the locality.

2. Tasks and authorities:

2.3. Submit to the Provincial People's Committee for decision on the division of responsibilities and delegation of authority in the field of labor, invalids, and social affairs to the People's Committees of districts and units under the Provincial People's Committee in accordance with the law and be responsible for guiding and supervising their implementation.

2.4. Guide, supervise, evaluate, and compile reports on the implementation of laws, policies, standards, and economic-technical norms within the Department’s jurisdiction as prescribed by law.

2.5. On labor and employment:

2.5.1. Submit to the Provincial People's Committee for decision on the provincial employment program and measures;

2.5.2. Guide and supervise the implementation of laws and regulations on labor and employment including:

- Recruitment, labor contracts, collective labor agreements, labor discipline, and material responsibility;

- Management and utilization of labor resources, labor market information;

- Employment creation and job introduction measures; Vietnamese workers going abroad for work; foreign workers working in Vietnam;

- Wages, allowances, and wage payment methods in the production and business sector;

- Policies for female workers, disabled workers, underage workers, elderly workers;

- Compulsory public service labor duties;

- Other labor and employment policies;

2.5.3. Issue and revoke work permits for foreign workers employed in enterprises and economic organizations within the province in accordance with the law;

2.5.4. Review and supervise proposals and projects for employment solutions; organize the implementation of measures to develop the labor market and manage employment intermediaries in accordance with the law;

2.6. On social insurance: Guide and supervise the implementation of laws on social insurance for industries, agencies, organizations employing workers, workers themselves, and social insurance organizations within the province.

2.7. On occupational safety and health:

2.7.1. Submit to the Provincial People's Committee for approval of the implementation plan for the national program on occupational safety, labor protection, and occupational health within the province and be responsible for organizing its implementation after approval;

2.7.2. Lead and coordinate with relevant agencies to guide and supervise the implementation of regulations on occupational safety, labor protection, and occupational health;

2.7.3. Register machines, equipment, materials, and substances with strict requirements for occupational safety and health within the province in accordance with the law;

2.7.4. Lead and coordinate to organize investigations of serious workplace accidents occurring within the province; guide employers in conducting accident investigations, reporting, handling, and statistical reporting; compile and report to the Provincial People's Committee and the Ministry of Labor, Invalids, and Social Affairs on the situation of workplace accidents in the locality.

2.8. On vocational training:

2.8.1. Submit to the Provincial People's Committee for approval of planning and proposals for vocational training networks within the province and guide and supervise their implementation after approval;

2.8.2. Guide and supervise the implementation of laws and regulations on vocational training.

2.9. On war invalids, martyrs, and those who have made contributions:

2.9.1. Submit to the Provincial People's Committee for decision on recognizing individuals as war invalids, martyrs, and contributors to the revolution in accordance with the law; manage files of recognized individuals;

2.9.2. Guide and supervise the implementation of preferential policies for war invalids, families of martyrs, and contributors to the revolution by organizations and district and commune People's Committees in accordance with the law;

2.9.3. Direct and supervise the provision of care and rehabilitation for war invalids, veterans, relatives of martyrs, and contributors to the revolution, and the supply of prosthetic limbs, orthopedic devices, and other assistive devices for war invalids and veterans;

2.9.4. Organize and implement memorial ceremonies for martyrs on major holidays, funeral services upon notification of death; coordinate in organizing the exhumation, reburial, upgrading of martyrs' cemeteries, and providing information on the status of martyrs' graves according to the guidance of the Ministry of Labor, Invalids, and Social Affairs; plan and conduct visits to families of war invalids, veterans, families of martyrs, and families of contributors to the revolution.

2.9.3. Direct, inspect the implementation of maintenance and rehabilitation for war invalids, veterans, relatives of martyrs, and persons who have rendered meritorious service to the revolution, and the provision of prosthetic limbs, orthopedic devices, and other assistive devices for war invalids and veterans;

2.9.4. Guide and implement memorial ceremonies for martyrs on major holidays, funeral rites for martyrs upon notification of death; coordinate in organizing the exhumation, collection, and upgrading of martyrs' gravesites, providing information on the status of martyrs' graves according to the guidelines of the Ministry of Labor - War Invalids and Social Affairs; plan and conduct慰问战残、病退军人和革命烈士家庭的探访，并组织实施；

2.9.5. Uniformly manage martyrs' cemeteries, memorials, and construction projects commemorating martyrs at the local level; be responsible for managing martyrs' cemeteries, memorials, and construction projects commemorating martyrs assigned to them;

2.9.6. Be a member of the Medical Appraisal Council for disability and work capacity for war invalids and social policy beneficiaries;

2.10. Regarding social assistance:

2.10.1. Submit to the Provincial People's Committee for promulgation of the local poverty standard; take the lead in reviewing and submitting to the Provincial People's Committee for recognition of poor communes and households within the jurisdiction;

2.10.2. Guide and inspect the implementation of social assistance plans and policies within the jurisdiction;

2.10.3. Coordinate, direct, and inspect the implementation of poverty alleviation programs, social relief, and social aid;

2.10.4. Take the lead and coordinate with agencies, organizations, and individuals engaged in humanitarian and charitable activities to assist the material and spiritual lives of disabled persons, orphaned children, children in particularly difficult circumstances, lonely elderly people without support, those facing severe hardships, war victims, and other social groups requiring state and societal assistance;

2.10.5. Direct and inspect the operation of facilities providing social welfare care and support;

2.11. Regarding prevention and control of social evils:

- Submit to the Provincial People's Committee programs, plans, and measures for preventing prostitution, drug rehabilitation, and addressing social issues post-rehabilitation;

- Direct and inspect the activities of social education-labor facilities within the province;

2.12. Guide and inspect the operations of public institutions and service organizations under the sectors managed by the Department, manage subordinate public units under the Department;

2.13. Implement international cooperation according to the分级授权 of the Provincial People's Committee and in accordance with the provisions of the law;

2.14. Organize research and application of scientific and technological advancements, build information systems, archive data, and provide statistics to serve management, professional, and technical tasks;

2.15. Provide professional guidance on labor, war invalids, and social affairs to agencies, public units, district and commune People's Committees;

2.16. Aggregate, statistically analyze, and periodically report on the implementation of assigned tasks according to the provisions of the law;

2.17. Conduct inspections, handle complaints and reports, combat corruption and malpractice, and enforce violations of the law in the field of labor, war invalids, and social affairs within the scope of management as stipulated by the law;

2.18. Direct and organize the implementation of administrative reform programs in the field of labor, war invalids, and social affairs after approval by the Provincial People's Committee;

2.19. Manage cadres, civil servants, public officials, and employees according to the law and the分级授权 of the Provincial People's Committee; organize training and professional development for cadres, civil servants, public officials, commune, town, and ward staff involved in labor, war invalids, and social affairs management according to regulations of the Ministry of Labor, Invalids, and Social Affairs and the Provincial People's Committee;

2.20. Manage the financial and asset affairs of the Department according to the law and the分级授权 of the Provincial People's Committee;

2.21. Perform other tasks as prescribed by the law and the分级授权 of the Provincial People's Committee;

3- Organization and staffing:

3.1 Leadership of the Department:

The Department of Labor, Invalids, and Social Affairs has a Director and not more than three Deputy Directors. The Director of the Department is responsible and reports to the Provincial People's Committee, the Ministry of Labor, Invalids, and Social Affairs, and reports work to the Provincial People's Assembly when required;

The Director of the Department of Labor, Invalids, and Social Affairs is responsible before the Provincial People's Committee and the law for all activities of the Department in performing assigned tasks;

Deputy Directors of the Department are responsible before the Director and the law for the areas of work they are assigned;

The Chairman of the Provincial People's Committee decides on the appointment of the Director and Deputy Directors of the Department based on professional and technical standards set by the Minister of Labor, Invalids, and Social Affairs and in accordance with Party and State regulations on cadre work. The removal, commendation, and disciplinary actions against the Director and Deputy Directors of the Department are carried out according to the law;

3.2. Organizational structure of the Department includes:

- Office;

- Professional and operational departments;

- Inspectorate;

- Anti-Social Evil Management Bureau (if applicable);

- Public service organizations.

The establishment of specialized departments and offices is based on the principle of comprehensively covering all areas of work of the Department regarding labor, employment, vocational training, wages, social insurance, social assistance, war invalids and those who have rendered meritorious services, finance and accounting, anti-social evil, and meeting the requirements of assigned functions and tasks. The functions and responsibilities of each department must be clear, non-overlapping between departments and other organizations under the Department, suitable to the characteristics and workload of actual work in the locality, ensuring simplicity in administrative procedures and convenience in handling organizational and citizen matters;

The number of specialized departments and offices of the Department shall not exceed five for provinces with urban areas up to type 3; not exceeding seven for provinces with urbanization type 2 and centrally-administered cities;

The number and names of specialized departments and offices of the Department are decided by the Director of the Department of Labor, Invalids, and Social Affairs in coordination with the Director of the Department of Home Affairs upon submission to the Provincial People's Committee;

The Director of the Department of Labor, Invalids, and Social Affairs coordinates with the Director of the Department of Home Affairs to submit to the Provincial People's Committee for decision on the establishment of subordinate public institutions and the Anti-Social Evil Management Bureau; define the functions, responsibilities, and powers of the bureau and the Department Inspectorate according to the law and approve the operational regulations of the Department;

The Director of the Department of Labor, Invalids, and Social Affairs specifies the duties and powers of the office, specialized departments, public institutions under the Department, and defines the authority and responsibility of heads of organizations under the Department according to the law;

3.3. Staffing:

Staffing for the office, inspectorate, specialized departments, and bureaus (excluding public institutions under the bureau if any) is state management staffing determined by the Provincial People's Committee based on the proposal of the Director of the Department of Labor, Invalids, and Social Affairs and the Director of the Department of Home Affairs.

The Director of the Department of Labor, War Invalids, and Social Affairs shall arrange and utilize officials, civil servants, and public employees of the Department in accordance with their titles and the standards for civil servant and public employee ranks as prescribed by laws on cadres and civil servants.

II. Specialized agencies assist the People's Committees of districts, towns, cities under provinces in managing state affairs related to labor, war invalids, and social issues.

1- Position and functions:

Specialized agencies assisting the People's Committee of districts, towns, cities under provinces (collectively referred to as the People's Committee of districts) perform the function of managing state affairs related to labor, war invalids, and social issues uniformly called "rooms." The establishment and name of these rooms are decided by the People's Committee of the province according to the provisions of the law.

Specialized agencies assisting the People's Committee of districts in managing state affairs related to labor, war invalids, and social issues are subject to the direction and management regarding organization, staffing, and personnel work of the People's Committee of districts, while also being subject to the direction and supervision regarding professional matters from the Department of Labor, War Invalids, and Social Affairs.

2- Duties and powers:

2.1. Report to the People's Committee of districts:

- Issuing guiding documents for the implementation of policies, systems, and laws of the State on labor, war invalids, and social issues within the jurisdiction;

- Work programs on labor, war invalids, and social issues.

2.2. Organize and supervise the implementation of laws on labor policies, employment, occupational safety and health, vocational training, social insurance, war invalids, martyrs, and those who have contributed to the revolution, social assistance, poverty reduction, and prevention of social evils at the district level;

2.3. Guide and inspect the People's Committee of communes in managing war martyrs' cemeteries, memorials, and monuments commemorating martyrs, and directly manage the assigned facilities;

2.4 Guide and inspect social welfare institutions, vocational training centers, job introduction services, production units of war invalids and disabled persons, educational institutions, drug rehabilitation centers, and prostitution prevention centers within the district according to the division of responsibilities;

2.5. Coordinate with relevant departments and mass organizations at the same level to direct and build mass movements to care for and support social policy beneficiaries;

2.6. Conduct inspections and investigations on compliance with labor, war invalids, and social laws within the district, handle citizens' complaints and petitions regarding labor, war invalids, and social issues according to the law;

2.7. Carry out statistical work and report regularly and urgently on labor, war invalids, and social issues to the People's Committee of districts and the Department of Labor, War Invalids, and Social Affairs;

2.8. Manage financial resources and assets assigned within the scope of labor, war invalids, and social affairs at the district level;

2.9. Perform other tasks as assigned by the People's Committee of districts.

3. Organization and staffing:

- Based on specific circumstances and characteristics of the locality, the People's Committee of districts shall submit to the Chairman of the People's Committee of the province for decision on the organizational form of specialized agencies for labor, war invalids, and social affairs at the district level according to the law.

- The staffing of the room responsible for labor, war invalids, and social affairs at the district level is decided by the Chairman of the People's Committee of districts within the total staffing quota for state management of the district.

- The Head of the Room is responsible before the People's Committee of districts and the law for all areas of assigned work, including labor, war invalids, and social affairs.

III- Tasks of managing state affairs in the field of labor, war invalids, and social issues at communes, wards, and towns.

In the field of labor, war invalids, and social issues, the People's Committee of communes, wards, and towns shall perform the following duties and powers:

1. Based on professional guidance from the district-level labor, war invalids, and social affairs agency, develop monthly, quarterly, and annual work plans on labor, war invalids, and social issues and organize their implementation;

2. Statistically analyze the labor force of the commune to present to the People's Committee of districts for solutions to balance the labor force, create jobs, vocational training, labor export, and fulfill public service obligations;

Statistically analyze the number and compile the situation of social policy beneficiaries: war invalids, families of martyrs, contributors to the revolution, recipients of social insurance benefits, victims of war, lonely elderly without support, orphaned children, children in particularly difficult circumstances, poor households, people facing severe difficulties, and other social assistance beneficiaries to provide measures to stabilize their material and spiritual lives. At the same time, coordinate with organizations and mass associations to build mass movements to help and care for social policy beneficiaries;

3. Implement payments of allowances and subsidies to social policy beneficiaries according to the division of responsibilities or delegation;

4. Manage war martyrs' cemeteries and monuments commemorating martyrs of the commune (if any); manage social welfare facilities (if any) and the care of social policy beneficiaries in the community;

5. Propagate and mobilize to prevent prostitution and drug addiction; statistically analyze the number and compile the situation of prostitution and drug addiction to provide preventive, treatment, and reintegration measures for beneficiaries;

6. Regularly and urgently report on the situation of labor, war invalids, and social issues within the jurisdiction to the district-level labor, war invalids, and social affairs agency;

Assist the People's Committee of communes in having cultural and social officers and non-professional staff working on labor, war invalids, and social issues as stipulated in Decree No. 114/2003/ND-CP dated October 10, 2003, and Decree No. 121/2003/ND-CP dated October 21, 2003 of the Government on cadres, systems, and policies for cadres and civil servants at communes, wards, and towns.

IV. Implementation Organization:

1. This Circular replaces Circular No. 01/LB-TT dated January 11, 1995, issued jointly by the Ministry of Labor, War Invalids, and Social Affairs and the Civil Service Bureau of the Government (now the Ministry of Home Affairs) and takes effect fifteen days after its publication in the Official Gazette.

2. The Chairman of the People's Committee of provinces shall base this Circular to specify concretely the functions, duties, powers, and organizational structure and staffing of the Department of Labor, War Invalids, and Social Affairs, and specialized agencies for labor, war invalids, and social affairs at the district level.

3. During the implementation of this Circular, any issues arising or difficulties encountered shall be promptly reported to the Ministry of Labor - Invalids and Social Affairs and the Ministry of Home Affairs for study and resolution./.