Decree No. 106/2012/ND-CP stipulates the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs.

DECREE

Regulations on functions, tasks, powers and organizational structure of the Government Inspectorate

||| The organizational structure of the Ministry of Labor, Invalids and Social Affairs

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Based on the Law on the Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Decree No. 07/2021/NĐ-CP

||| The Government shall issue a Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs.

Article 1. Position and Functions

||| The Ministry of Labor, Invalids and Social Affairs is an agency of the Government, performing state management functions over various fields including employment, vocational training, labor, wages, social insurance (compulsory social insurance, voluntary social insurance, unemployment insurance), occupational safety, persons with disabilities, social assistance, protection and care for children, gender equality, prevention of social evils (hereinafter referred to collectively as the labor, persons with disabilities, and social affairs fields) throughout the country; state management of public services in sectors and fields under the Ministry's state management purview.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

||| The Ministry of Labor, Invalids and Social Affairs performs the tasks and powers prescribed in Government Decree No. 36/2012/NĐ-CP dated April 18, 2012 on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the following specific tasks and powers:

||| 1. Submitting draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, and draft decrees of the Government according to the annual legislative program of the Ministry that has been approved, and resolutions, projects, and programs assigned by the Government and the Prime Minister; strategies, plans, and long-term, five-year, and annual development programs, and important national projects and works in the sectors and fields under the Ministry’s state management purview.

||| 2. Submitting draft decisions, directives, national target programs, national programs, and national action programs and other documents concerning the sectors and fields under the Ministry’s state management purview or as assigned.

||| 3. Issuing circulars, decisions, directives, and other documents regarding state management of the sectors and fields managed by the Ministry.

||| Directing, guiding, and organizing the implementation of regulatory legal documents, strategies, plans, national target programs, national programs, national action programs, and important national projects and works after they have been approved; providing information, propaganda, dissemination, and education on laws related to the fields under the Ministry’s state management purview.

||| 5. In the field of employment and unemployment insurance:

||| a) Guiding the implementation of legal provisions on employment policy, market labor development policy, new job creation targets, and incentives for new job creation; on recruitment and management of Vietnamese and foreign workers working in Vietnam; on employment policies for special groups and displaced workers; on workers losing jobs due to restructuring state-owned enterprises;

||| b) Guiding the implementation mechanism of national target programs on employment within its authority;

||| c) Specifying conditions for establishing, organizing, and operating employment service organizations;

||| d) Guiding and organizing the implementation of employment transaction activities;

||| đ) Organizing a labor market information system; collecting and providing labor market data to organizations and individuals in need;

||| e) Guiding, inspecting, and organizing the implementation of legal provisions on unemployment insurance.

||| 6. In the field of Vietnamese workers going abroad to work under contracts:

||| a) Guiding the implementation of legal provisions on Vietnamese workers going abroad to work under contracts;

b) Develop overseas labor markets;

||| c) Building and guiding the implementation of training plans for workers going abroad; specifying the content, programs, and certificates for pre-departure training for workers going abroad;

||| d) Specifying regulations on Licenses; deciding on issuing, renewing, and revoking licenses for overseas labor dispatch services;

đ) Organizing and guiding the registration of contracts between enterprises and workers going to work abroad under individual contracts; supervising the implementation of contracts by enterprises;

||| e) Coordinating with the Ministry of Foreign Affairs to organize and direct the management and handling of issues related to Vietnamese workers working abroad under contracts;

g) Manage the Overseas Employment Support Fund.

||| 7. In the field of vocational training:

||| a) Organizing, inspecting, and leading and coordinating with relevant ministries and sectors to guide policies and systems for vocational training and learning;

||| b) Building a network planning for vocational colleges, technical secondary schools, and vocational training centers; specifying conditions for establishing, organizing, and operating vocational training institutions; model charters for vocational colleges and technical secondary schools; model regulations for vocational training centers; standards for facilities and equipment for vocational training;

||| c) Specifying a list of vocational training occupations; framework programs for vocational college and technical secondary school levels; admission, examination, graduation certification, and issuance of vocational certificates; models for vocational certificates;

||| d) Specifying principles, procedures, and organization of building national skill standards; managing the assessment and issuance of national skill certificates;

||| đ) Specifying standards and procedures for vocational training quality assessment;

||| e) Deciding on the establishment of vocational colleges; recognizing principals of private vocational colleges within its authority.

||| 8. In the field of labor and wages:

||| a) Guiding the implementation of labor contracts, workplace dialogue, collective bargaining, collective labor agreements, labor discipline, material responsibility, labor disputes, and strikes;

||| b) Guiding the implementation of minimum wage, wage systems for workers and leaders and managers in state-owned enterprises; wage systems in enterprises operating under the Enterprise Law and organizations and individuals using labor as regulated by the Labor Code;

||| c) Guiding the implementation of wage systems for workers in state-owned enterprises studying and working abroad; wage systems for foreign workers employed in state-owned enterprises; preferential treatment for special workers;

||| d) Specifying principles for setting labor norms, technical worker standards, and professional standards in state-owned enterprises.

||| 9. In the field of compulsory social insurance and voluntary social insurance:

a) Direct, inspect the implementation of social insurance systems, including mandatory social insurance, voluntary social insurance, and other forms of social insurance as prescribed by law;

b) Prescribe information and reporting regimes regarding social insurance; handle complaints and denunciations, and enforce violations of laws on social insurance;

10. In the field of labor safety:

a) Guide the implementation of legal provisions on labor safety, working conditions; compensation for work-related accidents and occupational diseases; working hours and rest periods for workers;

b) Coordinate with the Ministry of Health to prescribe and guide the implementation of material benefits for workers in hazardous and toxic conditions as prescribed by law; issue a list of occupational diseases;

c) Issue a list of machinery, equipment, and materials requiring strict labor safety standards; personal protective equipment for workers; heavy, toxic, dangerous, and particularly heavy, toxic, dangerous jobs;

d) Prescribe and guide the provision of personal protective equipment; labor classification standards based on working conditions;

đ) Prescribe and provide general guidance on the inspection of machinery, equipment, and materials requiring strict labor safety standards;

e) Issue inspection procedures for machinery, equipment, and materials requiring strict labor safety standards within its jurisdiction;

g) Review for relevant ministries to issue inspection procedures for machinery, equipment, and materials requiring strict labor safety standards; criteria and operating conditions for inspection organizations;

h) Prescribe and guide the quality inspection of specific products and goods related to labor safety as prescribed by law;

i) Issue national technical standards on labor safety;

k) Lead and coordinate in guiding and organizing the implementation of the National Program on Labor Protection, Safety, and Hygiene; the National Week on Labor Safety and Fire Prevention;

l) Manage the declaration, investigation, statistics, and reporting on work-related accidents; compile and report to competent authorities on work-related accidents nationwide;

11. In the field of persons with meritorious service:

a) Guide and inspect the implementation of policies and laws on preferential treatment for persons with meritorious service;

b) Specifying welfare benefits, quotas, and methods for providing orthopedic tools and assistive devices for persons who have rendered meritorious service to the revolution;

c) Coordinate with ministries, sectors, localities, and political-social organizations to organize campaigns of gratitude and support; manage the "Gratitude Fund";

d) Plan and guide the planning of networks of care facilities for persons with meritorious service and memorials for fallen soldiers;

đ) Prescribe the management of memorials for fallen soldiers;

e) Guide the reception and collection of remains of fallen soldiers; information on soldier graves;

12. In the field of social assistance:

a) Guide and inspect the implementation of legal provisions on poverty reduction and social assistance;

b) Organize the implementation of the National Target Program on Poverty Reduction and social assistance programs within its authority;

c) Guide the development of plans for networks of social assistance facilities;

d) Prescribe specific conditions for the establishment, organization, and operation of social assistance facilities;

đ) Prescribe procedures for admitting beneficiaries to social assistance facilities and returning them to their families from such facilities;

13. In the field of child protection and care:

a) Guide the implementation of legal provisions on policies for protecting and caring for children within the scope of the Ministry's responsibilities;

b) Prescribe specific conditions for the establishment, organization, and operation of child assistance facilities;

c) Prescribe procedures for admitting children in special circumstances to child assistance facilities and returning them to their families from such facilities;

d) Lead and coordinate with ministries, sectors, localities, political-social organizations, and other organizations to implement the National Action Program for Children; Programs for protecting, caring for, and educating children in difficult circumstances, and other programs and plans on protecting, caring for, and educating children;

đ) Manage and use the Vietnam Child Welfare Fund;

14. In the field of prevention and control of social evils:

a) Guide the implementation of legal provisions on policies and measures to prevent prostitution; drug rehabilitation; post-rehabilitation management; support victims of trafficking;

b) Guide the development of plans for networks of Rehabilitation Centers, post-rehabilitation management facilities;

c) Prescribe specific conditions for the establishment, organization, and operation of Rehabilitation Centers, post-rehabilitation management facilities; issue and revoke permits for voluntary drug rehabilitation centers as prescribed by law;

d) Prescribe educational, vocational training, and community reintegration programs for sex workers and drug users;

đ) Prescribe procedures for admitting individuals to Rehabilitation Centers, post-rehabilitation management facilities;

15. In the field of gender equality:

a) Guide the implementation of gender equality as prescribed by law;

b) Participating in evaluating the integration of gender equality issues in the drafting of regulatory legal documents;

c) Summarize and report to competent authorities on the implementation of gender equality according to the provisions of the law.

16. Guide and organize statistical work in the fields of labor, persons with meritorious service, and society as prescribed by law; build databases and statistical information systems of the Ministry and sector;

17. Manage activities related to the application of information technology in the fields of labor, persons with meritorious service, and society as prescribed by law;

18. Manage professional medical activities in units under the jurisdiction of the fields of labor, persons with meritorious service, and society that have medical activities as prescribed by law;

19. In the field of public services:

a) Manage state activities in public services within the scope of the Ministry's state management as prescribed by law;

b) Develop and issue standards, procedures, conformity assessment criteria, and economic-technical norms for the organization of public service provision activities in sectors and fields;

c) Guide organizations in implementing public services according to the law;

20. Implement international cooperation and integration in the fields of labor, persons with meritorious service, and society as prescribed by law;

21. Decide and direct the implementation of the Ministry's administrative reform program according to the goals and content of the State administrative reform program approved by the Government and the Prime Minister.

22. Exercise the rights and obligations of the state owner towards a limited liability company with one member owned by the State, and manage the state capital invested in other enterprises organized and operating under the Enterprise Law within the scope of responsibility of the Ministry.

23. Manage and organize the operation of non-governmental organizations operating in the labor, war invalids, and social affairs sector according to the law.

24. Manage organizational structure, staffing, cadres, civil servants, public officials; implement salary systems and incentive policies, rewards, and disciplinary measures for cadres, civil servants, and public officials within the management scope of the Ministry as prescribed by law.

25. Conduct scientific research and apply scientific and technological progress in the labor, war invalids, and social affairs sector.

26. Conduct inspections; carry out checks; resolve complaints and denunciations; prevent and combat corruption and misconduct, and handle violations according to the provisions of the law.

27. Managing finances and assets assigned and organizing the implementation of the state budget allocated in accordance with the law;

28. Perform other tasks and powers delegated by the Government and the Prime Minister and as stipulated by the law.

Article 3. Organizational Structure

1. Department of Labor - Wages.

2. Department of Social Insurance.

3. International Cooperation Department.

4. Department of Gender Equality.

5. The Planning and Finance Division;

6. Legal Affairs Department.

7. Cadre and Civil Servant Organization Department.

8. Inspectorate of the Ministry.

9. Office of the Ministry;

10. Overseas Labor Management Agency.

11. Occupational Safety and Health Inspection Agency.

12. War Veterans Affairs Agency.

13. Social Evil Prevention and Control Agency.

14. Employment Agency.

15. Social Assistance Department.

16. Child Protection and Care Agency.

17. Vocational Training General Department.

18. Information Center.

19. Institute of Labor Science and Society.

20. Orthopedic Rehabilitation Institute.

21. Labor and Social Affairs Magazine.

22. Family and Children Magazine.

23. Labor and Social Affairs Newspaper.

24. Training and Capacity Building School for Labor and Social Affairs Cadres.

In this Article, units specified from Clause 1 to Clause 17 are units assisting the Minister in performing state management functions; units specified from Clause 18 to Clause 24 are public service units serving the state management functions of the Ministry.

The Department of Labor - Wages shall be organized into three divisions, the Department of International Cooperation shall be organized into four divisions, the Department of Planning and Finance shall be organized into four divisions, the Legal Department shall be organized into three divisions, and the Cadre and Civil Servant Organization Department shall be organized into three divisions.

The Minister of Labor, Invalids and Social Affairs shall submit to the Prime Minister for issuance of a Decision stipulating the functions, tasks, powers, and organizational structure of the Vocational Training General Department and the list of other public service units under the Ministry that have been established by competent authorities.

Article 4. Effective date

1. This Decree takes effect from March 1, 2013.

2. This Decree replaces Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs; abolishes previous regulations that conflict with this Decree.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.