Joint Circular No. 10/2008/TTLT-BLDTBXH-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies under the People's Committees at provincial and district levels and the state management tasks of the People's Committees at commune level regarding labor, war invalids, and social affairs.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure of specialized agencies under provincial and district People's Committees, and state management tasks of commune-level People's Committees regarding labor, war invalids, and social affairs.

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Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008, of the Government, stipulating the organization of specialized agencies under provincial people's committees and municipal people's committees directly under the central government.

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008, of the Government, stipulating the organization of specialized agencies under district, town, and city people's committees under provinces.

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007, of the Government, stipulating functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies.

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007, of the Government, stipulating functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs.

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008, of the Government, stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

The Ministry of Labor, Invalids and Social Affairs and the Ministry of Home Affairs jointly issue general guidelines on functions, tasks, powers, and organizational structure of specialized agencies under provincial and district people's committees, and state management tasks of commune-level people's committees regarding labor, war invalids, and social affairs as follows:

Part 1.

DEPARTMENT OF LABOR, INVALIDS AND SOCIAL AFFAIRS

I. POSITION AND FUNCTIONS

1. The Department of Labor, Invalids and Social Affairs is a specialized agency under the provincial people's committee (hereinafter referred to as the provincial people's committee) providing advisory services and assisting the provincial people's committee in performing state management functions in the fields of employment, vocational training, labor; wages, salaries, social insurance (compulsory social insurance, voluntary social insurance, unemployment insurance); occupational safety; war invalids; social assistance; protection and care for children, gender equality; prevention and control of social evils (collectively referred to as the labor, war invalids, and social fields); public services within its jurisdiction, and carrying out other tasks and powers delegated by the provincial people's committee and as prescribed by law.

2. The Department of Labor, Invalids and Social Affairs has legal personality, its own seal and separate bank account, subject to the direction and management of the provincial people's committee regarding organization, staffing, and operations, while also being subject to the direction, guidance, inspection, and supervision of the Ministry of Labor, Invalids and Social Affairs in terms of professional matters.

II. TASKS AND POWERS

1. Submit to the provincial People's Committee:

a) Draft decisions, directives; long-term, five-year, and annual plans, programs, projects, administrative reforms within the department's jurisdiction;

b) Draft regulations on the functions, tasks, powers, and organizational structure of subordinate agencies under the department (if any);

c) Draft regulations specifying standards for positions of heads and deputy heads of units under the department; heads and deputy heads of Labor, Invalids and Social Affairs departments under district, town, and city people's committees (hereinafter referred to as district-level people's committees) in accordance with the law.

2. Submitting to the Chairman of the Provincial People's Committee:

a) Draft decisions and directives within the authority of the Chairman of the provincial people's committee concerning the labor, war invalids, and social fields;

b) Draft decisions on establishing, merging, or dissolving units under the department in accordance with the law.

3. Guide, inspect, and organize the implementation of regulatory legal documents, plans, programs, and other issues related to labor, war invalids, and social affairs after approval: organize information dissemination, propaganda, and legal education on areas within the department's jurisdiction.

4. Regarding employment and unemployment insurance:

a) Implement programs and solutions on employment, policies for developing the provincial labor market based on the National Target Program on Employment;

b) Guide and implement the provisions of the law on:

- Unemployment insurance

- Targets and measures to create new jobs;

- Employment policies in enterprises, cooperatives, collective economic forms, private sector;

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

- Employment policies for special groups (juveniles, disabled persons, elderly persons, and others), home-based workers, mobile workers;

- Issuance and monitoring of labor books.

c) Manage job introduction organizations in accordance with the law;

d) Issue, renew, and revoke work permits for foreign workers employed in enterprises and economic organizations within the province in accordance with the law.

5. In the field of Vietnamese workers going abroad to work under contracts:

a) Guide and organize the implementation of sending Vietnamese workers abroad for employment at the local level in accordance with the law;

b) Propagate and disseminate the State's policies and laws on Vietnamese workers going abroad for employment;

c) Guide and organize the implementation of training and selecting workers to go abroad for employment within the department's jurisdiction;

d) Guide and inspect the registration of contracts between enterprises and workers going abroad for employment individually; supervise the implementation of contracts by enterprises sending workers abroad for skill enhancement internships;

đ) Statistics on the number of enterprises operating in sending Vietnamese workers abroad for employment within the province, the number of workers going abroad for employment;

e) Inform workers who have completed their overseas employment contracts about domestic job opportunities; guide and introduce workers to register for job search;

g) Take the lead and coordinate with relevant agencies to resolve requests and complaints from organizations and individuals in the field of Vietnamese workers going abroad for employment within their authority.

6. Regarding vocational training:

a) Organize the implementation of plans, programs, and projects for vocational training development at the local level after approval.

b) Guide and inspect the organization's implementation of legal provisions on vocational training; teacher and vocational management staff standards; enrollment regulations, examination rules, graduation recognition, issuance of vocational certificates and the treatment policies for vocational management staff, teachers, and vocational students as stipulated by law.

c) Guide and organize the implementation of vocational training, capacity building, utilization of teachers and vocational management staff, organizing lectures for vocational teachers, vocational equipment making contests, vocational excellence contests at the provincial level.

7. In the field of labor, wages, and compensation:

a) Guide the implementation of labor contracts, collective labor agreements, negotiation, signing of collective labor agreements; labor discipline and material responsibility, resolution of labor disputes and strikes; policies for workers during enterprise restructuring, dissolution, bankruptcy, state-owned enterprise shareholding, leasing enterprises.

b) Guide the implementation of wage and compensation systems as prescribed by law.

8. Regarding mandatory social insurance and voluntary social insurance:

a) Guide, inspect, and handle violations in the implementation of legal provisions on mandatory social insurance, voluntary social insurance within the scope of authority.

b) Receive applications and organize the assessment of conditions for temporarily suspending mandatory social insurance contributions for the provincial People's Committee to consider and decide.

c) Implement social insurance policies according to the分级授权or delegation from the provincial people's government as stipulated by law.

9. Regarding occupational safety and health:

a) Guide and implement the National Program on Labor Protection, Occupational Safety, and Hygiene; the National Week on Occupational Safety and Hygiene and Fire Prevention and Control in the province.

b) Organize training and issue certificates on occupational safety and hygiene for employers in the province.

c) Implement registration requirements for machines, equipment, and materials with strict occupational safety standards in the province as prescribed by law.

d) Guide the inspection of product quality related to occupational safety as prescribed by law.

đ) Take the lead and coordinate in organizing investigations of serious workplace accidents occurring in the province; compile and report to the provincial People's Committee and the Ministry of Labor, Invalids, and Social Affairs on the accident situation in the locality, guide organizations and individuals using labor to report, investigate, record, and report on workplace accidents.

10. Regarding the field of persons with meritorious service:

a) Guide and implement national regulations concerning persons who have rendered meritorious service to the revolution in the province.

b) Guide and implement planning for construction of martyrs' cemeteries, memorials, and commemorative works for martyrs in the locality; manage martyrs' cemeteries and commemorative works in the assigned area.

c) Take the lead and coordinate in organizing the collection, reception, and burial of martyrs' remains; provide information and notify about martyrs' graves; visit martyrs' graves; relocate martyrs' remains.

d) Participate in the Medical Board for disability and work capacity assessment for persons who have rendered meritorious service to the revolution.

đ) Manage beneficiaries and funding for preferential policies for persons who have rendered meritorious service to the revolution as prescribed.

e) Guide and organize patriotic remembrance movements; manage and utilize the Patriotic Remembrance Fund according to legal provisions.

11. Regarding the field of social assistance:

a) Guide the implementation of social assistance policies for social welfare recipients.

b) Guide and implement poverty reduction policies, the National Target Program on Poverty Reduction, and social assistance programs, projects, and plans.

c) Aggregate and statistically analyze the number of social welfare recipients and poor households in the province.

d) Organize the establishment of a social welfare service network in the province.

12. Regarding child protection and care:

a) Guide and implement programs and action plans for protecting and caring for children in the province.

b) Guide and inspect the implementation of legal provisions on protecting and caring for children under the jurisdiction of the Department; build communes and wards suitable for children.

c) Organize the implementation of the National Action Plan for Children, national programs, projects, and plans on protecting and caring for children and children in special circumstances.

d) Organize, monitor, supervise, and evaluate the implementation of children's rights as prescribed by law; policies and benefits for protecting and caring for children.

đ) Manage and utilize the Child Welfare Fund in the province according to legal provisions.

13. Regarding the field of preventing and combating social evils:

a) Guide and implement programs, plans, and solutions for preventing and combating prostitution, drug rehabilitation, HIV/AIDS prevention among sex workers and drug users in centralized facilities and communities; support community reintegration for women and children who were victims of trafficking from abroad.

b) Provide professional guidance to social education institutions (facilities managing drug addicts, prostitutes, post-rehabilitation drug users) in the province.

14. Regarding the field of gender equality:

a) Guide and implement gender equality policies, programs, projects, and plans after approval.

b) Guide the integration of gender equality programs into local economic and social development plans; organize the implementation of measures to promote gender equality appropriate to local economic and social conditions.

15. Assist the provincial People's Committee in performing state management functions over enterprises, collective economic organizations, private economic organizations, guide and inspect associations and non-governmental organizations operating in the province in the fields of labor, persons with meritorious service, and society.

16. Guide and inspect the implementation of self-management and self-responsibility mechanisms for public service units under the Department of Labor, Invalids, and Social Affairs management as prescribed by law.

17. Implement international cooperation in the fields of labor, persons with meritorious service, and society according to the division of labor or delegation of authority by the provincial People's Committee and as prescribed by law.

18. Provide professional guidance on labor, persons with meritorious service, and social issues to district-level Labor, Invalids, and Social Affairs offices.

19. To carry out research, apply scientific and technological advancements, build databases, information systems, and storage facilities to serve state management and professional tasks in the assigned field.

20. Implement the administrative reform program of the Department in accordance with the objectives and content of the provincial People's Committee's administrative reform program.

21. Conduct inspections, handle violations within their authority, resolve complaints and denunciations; prevent corruption, wastefulness, and promote thrift in the labor, war invalids, and social affairs sector under the Department's state management scope as prescribed by law.

22. Organize the provision of public services in the labor, war invalids, and social affairs sector under the Department's state management scope as prescribed by law.

23. Carry out comprehensive work, statistics, information, and regular and urgent reports on the implementation of assigned tasks according to the regulations of the provincial People's Committee and the Ministry of Labor, Invalids, and Social Affairs.

24. Specify the functions, tasks, powers, organizational structure, and working relationships of subordinate organizations and units under the Department (excluding units under the provincial People's Committee Chairperson's jurisdiction); manage organization, staffing, implement salary systems, and policies, incentives, training, appointment, dismissal, commendation, and disciplinary measures for officials, civil servants, and employees under the Department's management scope as prescribed by law and provincial People's Committee delegation.

25. Manage finances, assets allocated, and implement the budget allocated according to the law and provincial People's Committee assignment and delegation.

26. Perform other tasks assigned by the provincial People's Committee and as prescribed by law.

III. ORGANIZATIONAL STRUCTURE AND STAFFING

1. Leadership of the Department:

a) The Department of Labor, Invalids, and Social Affairs has a Director and not more than three Deputy Directors; for Hanoi City and Ho Chi Minh City, not more than four Deputy Directors;

b) The Director of the Department is the head of the Department, responsible before the provincial People's Committee, the provincial People's Committee Chairperson, and the law for all activities of the Department;

c) The Deputy Director of the Department assists the Director, responsible before the Director and the law for the tasks assigned; when the Director is absent, a Deputy Director appointed by the Director shall oversee the Department's activities;

d) The appointment of the Director and Deputy Directors of the Department is decided by the provincial People's Committee Chairperson based on professional standards issued by the Ministry of Labor, Invalids, and Social Affairs and the law; the removal, dismissal, commendation, disciplinary measures, and other policies for the Director and Deputy Directors of the Department are implemented according to the law.

2. Organizational Structure:

a) Unified organizations established include:

- Inspection;

- Office;

- Planning and Finance Division;

The establishment of the Personnel and Cadres Division under the Department or the personnel and cadres section within the Department's Office is decided by the provincial People's Committee.

b) Organizations established suitable to local characteristics:

War Invalids Division; Employment and Occupational Safety Division; Labor, Salary, and Social Insurance Division; Gender Equality Division (or combined with the Department's Office); Vocational Training Division; Social Evil Prevention Division (or Sub-Department) (or named differently);

The Social Evil Prevention Sub-Department is reasonably inherited in places currently operating effectively.

The Social Assistance and Child Protection Sub-Department is established in provinces and centrally governed cities if the Social Assistance Division and Child Protection Division are not established.

For Hanoi City and Ho Chi Minh City, a separate Social Assistance Sub-Department may be established (if the Social Assistance Division is not established); a Child Protection Sub-Department (if the Child Protection Division is not established).

Sub-departments under the Department have legal personality, separate bank accounts, and seals.

Based on the nature, characteristics, and specific management requirements for the labor, invalids, and social affairs sector at the local level, the Department of Labor, Invalids, and Social Affairs Director, in coordination with the Director of the Department of Home Affairs, submits to the provincial People's Committee Chairperson for a decision on the number and names of specialized divisions and sub-departments under the Department; however, the total number of divisions, sub-departments, offices, and inspection departments under the Department should not exceed ten units, and for Hanoi City and Ho Chi Minh City, not more than twelve units.

c) Service organizations:

- Vocational training centers;

- Social assistance centers;

- Job introduction centers;

- Social labor education centers;

- Rehabilitation and care centers for war invalids.

The aforementioned service organizations and other service organizations (if any) directly under the Department are decided by the provincial People's Committee according to the law.

Based on local characteristics and actual needs, the Department of Labor, Invalids, and Social Affairs Director, in coordination with the Director of the Department of Home Affairs, submits to the provincial People's Committee Chairperson for a decision to establish specialized service organizations under the Department according to the approved planning and legal provisions.

3. Staffing:

a) The administrative staffing of the Department of Labor, Invalids, and Social Affairs is decided by the provincial People's Committee within the total provincial administrative staffing allocated by the central government;

b) The staffing of subordinate service organizations under the Department is decided by the provincial People's Committee according to staffing norms and legal provisions.

Part 2.

LABOR, INVALIDS, AND SOCIAL AFFAIRS DIVISION

I. POSITION AND FUNCTIONS

1. The Labor, Invalids, and Social Affairs Division is a specialized agency under the district People's Committee, providing advice and assisting the district People's Committee in performing state management functions in the labor, war invalids, and social affairs sectors; implementing certain tasks and powers delegated by the district People's Committee and as prescribed by law.

2. The Department of Labor - War Invalids and Social Affairs has legal personality, its own seal and separate account; it is subject to the direction and management regarding organization, staffing, and personnel work by the People's Committee at the district level, while also being subject to guidance, inspection, and supervision on professional matters by the Department of Labor - War Invalids and Social Affairs.

II. TASKS AND POWERS

1. Submit to the People's Committee at the district level for issuance of decisions, directives, plans, long-term, five-year, and annual programs; projects and programs in the fields of labor, war invalids, and social affairs; administrative reform and socialization within the scope of state management assigned.

2. Submit draft documents concerning the fields of labor, war invalids, and social affairs within the authority of the Chairman of the People's Committee at the district level to the Chairman of the People's Committee at the district level for approval.

3. Organize the implementation of legal normative documents, plans, projects, and programs in the fields of labor, war invalids, and social affairs on the district level after approval, disseminate information, publicize, educate on laws related to these fields.

4. Assist the People's Committee at the district level in managing state affairs over collective economic organizations, private economic organizations; guide and inspect the activities of associations and non-governmental organizations operating in the fields of labor, war invalids, and social affairs according to the provisions of the law.

5. Guide and inspect the implementation of legal regulations concerning social welfare facilities, vocational training institutions, employment services, social education facilities, and child assistance facilities on the district level according to the delegated authority.

6. Guide and organize the management of martyrs' cemeteries, memorials, and monuments commemorating martyrs.

7. Provide professional guidance to the People's Committees at the commune level in performing their duties and powers in the fields of labor, war invalids, and social affairs.

8. Coordinate with relevant sectors and mass organizations to build nationwide movements to care for and assist war invalids and other social policy beneficiaries.

9. Organize inspections on the implementation of policies and regulations concerning labor, war invalids, and social affairs; handle complaints and denunciations; prevent corruption, wastefulness, and negative practices in labor, war invalids, and social affairs activities according to the law and delegated authority of the People's Committee at the district level.

10. Organize the application of scientific and technological progress; establish information systems and archives to serve state management and professional work in the fields of labor, war invalids, and social affairs.

11. Implement regular and ad hoc reporting systems on the implementation of assigned tasks according to the regulations of the People's Committee at the district level and the Department of Labor - War Invalids and Social Affairs.

12. Manage organizational structure, staffing, implement policies, incentives, rewards, disciplinary measures, and professional training and development for civil servants, employees, and workers under its jurisdiction according to the law and delegated authority of the People's Committee at the district level.

13. Manage financial resources and assets according to the law and delegated authority of the People's Committee at the district level.

14. Perform other tasks assigned by the People's Committee at the district level or as stipulated by law.

III. ORGANIZATION AND STAFFING

1. The Department of Labor - War Invalids and Social Affairs shall have a Director and not more than three Deputy Directors.

a) The Director is responsible before the People's Committee, the Chairman of the People's Committee at the district level, and the law for all activities of the department;

b) The Deputy Directors assist the Director and are responsible before the Director and the law for the tasks assigned to them.

c) The appointment of the Director and Deputy Directors is decided by the Chairman of the People's Committee at the district level based on professional standards issued by the People's Committee at the provincial level and according to the law; the removal, dismissal, commendation, punishment, and other policies for the Director and Deputy Directors are implemented according to the law.

2. Staffing:

The administrative staffing of the Department of Labor - War Invalids and Social Affairs is determined by the People's Committee at the district level within the total administrative staffing of the district allocated by the People's Committee at the provincial level.

Part 3.

TASKS OF THE PEOPLE'S COMMITTEE AT THE COMMUNE LEVEL IN MANAGING STATE ADMINISTRATION IN THE LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS SECTOR

In the fields of labour, war invalids and social affairs, the People's Committee at the commune level (hereinafter referred to as the People's Committee at the commune level) shall perform the following tasks and powers as prescribed by law and delegated by the People's Committee at the district level:

1. Organize and guide the implementation of tasks and work related to labour, war invalids and social affairs on its territory according to the provisions of the law and the delegation of the People's Committee at the district level.

2. Statistic the labour force of the commune and submit it to the People's Committee at the district level for balancing the labour force, creating jobs, vocational training, and exporting labour.

3. Aggregate and manage the subjects who are war invalids, beneficiaries of social policies, and other subjects on its territory according to the guidance of the Department of Labour - Invalids and Social Affairs, and propose to the competent authority regarding policies for subjects within the labour, war invalids and social affairs sector.

4. Implement the payment of allowances and subsidies for subjects benefiting from labour, war invalids and social policies according to the delegation or mandate of the competent authority.

5. Manage the war martyrs' cemetery, memorials for war martyrs of the commune (if any); manage facilities for nurturing social welfare beneficiaries (if any); care for and nurture social policy beneficiaries according to the provisions of the law and the People's Committee at the district level.

6. Prevent and combat prostitution and drug rehabilitation in the community; receive and support women, children with special circumstances, children who have been abused, and victims of human trafficking returning from abroad.

7. Propagate and mobilize the people to implement policies and laws in the fields of labour, war invalids and social affairs.

8. Manage the activities of officials and staff under the People's Committee at the commune level working in labour, war invalids and social affairs.

9. Inspect and handle violations of laws on labour, war invalids and social affairs within its jurisdiction; report regularly and urgently on the situation of implementing tasks in the fields of labour, war invalids and social affairs on its territory according to the provisions.

10. Allocate officials to work in labour, war invalids and social affairs at the commune level based on the provisions of the law and the characteristics of each locality.

Part 4.

IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette and replaces Circular Joint Circular No. 09/2004/TTLT-BLDTBXH-BNV dated June 9, 2004 of the Ministry of Labour - Invalids and Social Affairs and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committees at all levels in managing state administration in the fields of labour, invalids, and social affairs at the local level.

2. Provincial People's Committees:

a) Specify the functions, tasks, powers, and organizational structure of the Department of Labour - Invalids and Social Affairs, and guide the People's Committee at the district level to specify the tasks, powers, and organizational structure of the Department of Labour - Invalids and Social Affairs.

b) Based on the characteristics, conditions, and requirements of managing state administration in the fields of labour, war invalids and social affairs at the local level, decide on the establishment, merger, dissolution, division, reorganization of specialized organizations, business units, and public service units under the Department of Labour - Invalids and Social Affairs according to the planning approved by the competent authority and the guidance provided in this Joint Circular.

3. The Chairman of the People's Committee at the provincial level is responsible for organizing and implementing this Joint Circular.

During the implementation process, if there are emerging issues or difficulties, the provinces need to promptly reflect them to the Ministry of Labour - Invalids and Social Affairs and the Ministry of Home Affairs for consideration and resolution according to their jurisdiction.