Decree No. 110/2017/ND-CP on the organization and operation of the Inspection of the Ministry of Labor, War Invalids and Social Affairs

DECREE

ON THE ORGANIZATION AND OPERATIONS OF LABOR - WAR INVALIDS AND SOCIAL AFFAIRS INSPECTION

WHEREAS pursuant to the Government Organization Law on June 19, 2015;

Based on the Inspection Law dated November 15, 2010;

At the proposal of the Minister of Labor - War Invalids and Social Affairs,suspendedPursuant to the request of the Director General of the Department of Vocational Education;

The Government promulgates this Decree on the organization and operations of inspection agencies performing labor - war invalids and social affairs functions; inspectors, specialized inspection civil servants, and social affairs labor - war invalids inspection collaborators; responsibilities of agencies, organizations, and individuals in labor - war invalids and social affairs inspections.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Agencies, organizations, and individuals under the management scope of the Ministry of Labor - War Invalids and Social Affairs, Department of Labor - War Invalids and Social Affairs.

Article 2. Inspection Objects

2. Vietnamese and foreign agencies, organizations, and individuals have the obligation to comply with legal regulations in fields within the state management scope of the Ministry of Labor - War Invalids and Social Affairs, Department of Labor - War Invalids and Social Affairs.

ORGANIZATION, DUTIES, LIMITS OF AGENCIES PERFORMING LABOR - WAR INVALIDS AND SOCIAL AFFAIRS INSPECTION FUNCTIONS

Chapter II

Article 3. Agencies performing labor - war invalids and social affairs inspection functions

1. State inspection agencies:

a) The Ministry of Labor - War Invalids and Social Affairs Inspection (hereinafter referred to as the Ministry Inspection);

b) Provincial Departments of Labor - War Invalids and Social Affairs Inspection (hereinafter referred to as the Department Inspection).

2. Agencies assigned to perform specialized inspection functions:

a) Vocational Education General Administration;

b) Overseas Labor Management Bureau;

c) Occupational Safety and Health Bureau.

Article 4. Position and Functions of the Ministry Inspection

1. The Ministry Inspection is an agency under the Ministry of Labor - War Invalids and Social Affairs, assisting the Minister of Labor - War Invalids and Social Affairs (hereinafter referred to as the Minister) in state management over inspection work, citizen reception, complaint and denunciation resolution, and anti-corruption; conducting administrative and specialized inspections; resolving complaints and denunciations and preventing corruption in the labor, war invalids, and social affairs sectors nationwide according to the provisions of the law.

2. The Ministry Inspection is subject to the direction and management of the Minister and the guidance on work and professional training from the Government Inspectorate.

Article 5. Duties and Authorities of the Ministry Inspection

The Ministry Inspection performs duties and authorities stipulated in Article 18 of the Inspection Law and Article 7 of the Government's Decree No. 86/2011/ND-CP dated September 22, 2011 detailing and guiding the implementation of certain articles of the Inspection Law, and the following tasks and powers:

1. Investigating labor accidents and violations of occupational safety and health standards.

2. Participating in guiding the application of technical standards and norms regarding working conditions, occupational safety, and health.

3. Organizing training and professional development for specialized inspection, citizen reception, complaint and denunciation resolution, and anti-corruption activities within the management scope of the Ministry of Labor - War Invalids and Social Affairs according to the law.

4. Guiding agencies and units under the Ministry of Labor - War Invalids and Social Affairs in implementing legal regulations on citizen reception, complaint and denunciation resolution, and anti-corruption.

5. Advising the Minister on citizen reception work according to the law when assigned by the Minister.

6. Summarizing and reporting to the Minister and the Chief Inspector of the Government Inspectorate on the results of inspection work, complaint and denunciation resolution, citizen reception, and anti-corruption within the scope of state management of the Ministry of Labor - War Invalids and Social Affairs.

7. Performing other tasks and powers as prescribed by law or assigned by the Minister.

7. Perform other tasks and exercise other powers as prescribed by law or delegated by the Minister.

Article 6. Duties and Authorities of the Inspector General of the Ministry

The Inspector General of the Ministry shall perform the duties and authorities stipulated in Article 19 of the Inspection Law, Clause 8 of Decree No. 86/2011/NĐ-CP, and the following duties and authorities:

1. Decide on administrative inspections, specialized inspections, and establish inspection teams to carry out inspection tasks.

2. Organize the monitoring, urging, and checking of inspected entities, agencies, organizations, and individuals in implementing inspection conclusions; supervise the activities of inspection teams in accordance with the provisions of the law.

3. Assist the Minister in inspecting, verifying, concluding, and recommending the handling of complaints within the Minister's jurisdiction when assigned, and other tasks as prescribed by the law on complaints.

4. Organize the verification of complaint contents, conclude the verified contents, and recommend measures for handling complaints within the Minister's jurisdiction when assigned, and other tasks as prescribed by the law on complaints.

5. Organize the implementation of citizen reception work in accordance with the law when assigned by the Minister.

6. Assist the Minister in directing, urging, and checking the implementation of anti-corruption work by agencies and units directly under the Minister's management.

7. Perform other tasks and exercise other powers as prescribed by law or delegated by the Minister.

Article 7. Position and Functions of the Department Inspector

1. The Department Inspector is an agency of the Department of Labor, Invalids, and Social Affairs, assisting the Director of the Department of Labor, Invalids, and Social Affairs in conducting administrative inspections, specialized inspections, handling complaints, receiving citizens, and preventing corruption in accordance with the law.

2. The Department Inspector is subject to the direction and management of the Director of the Department of Labor, Invalids, and Social Affairs (hereinafter referred to as the Director of the Department); is subject to the direction on inspection work and guidance on administrative inspection procedures from the provincial or centrally-administered city Inspector, and on specialized inspection procedures from the Inspector General of the Ministry.

Article 8. Duties and Authorities of the Department Inspector

The Department Inspector shall perform the duties and authorities stipulated in Article 24 of the Inspection Law, Clause 13 of Decree No. 86/2011/NĐ-CP, and the following duties and authorities:

2. Participating in guiding the application of technical standards and norms regarding working conditions, occupational safety, and health.

3. Organizing training and professional development for specialized inspection, citizen reception, complaint and denunciation resolution, and anti-corruption activities within the management scope of the Ministry of Labor - War Invalids and Social Affairs according to the law.

3. Propagate, guide, inspect, and conduct inspections on agencies and units under the Department of Labor, Invalids, and Social Affairs in implementing laws and regulations on inspections, complaint resolution, citizen reception, and anti-corruption.

4. Advise the Director of the Department on citizen reception work in accordance with the law when assigned by the Director of the Department.

5. Summarize and report to the Director of the Department and the Inspector General of the province on the results of inspections, complaint resolution, citizen reception, and anti-corruption; report to the Inspector General of the Ministry on specialized inspection work, complaint resolution, citizen reception within the scope of national administration of the Department of Labor, Invalids, and Social Affairs.

6. Perform other duties and authorities as prescribed by law or assigned by the Director of the Department.

Article 9. Duties and Authorities of the Head of the Department Inspector

The Head of the Department Inspector shall perform the duties and authorities stipulated in Article 25 of the Inspection Law, Clause 14 of Decree No. 86/2011/NĐ-CP, and the following duties and authorities:

1. Decide on administrative inspections, specialized inspections, and establish inspection teams to carry out inspection tasks.

2. Organize the monitoring, urging, and checking of inspected entities, agencies, organizations, and individuals in implementing inspection conclusions; supervise the activities of inspection teams in accordance with the provisions of the law.

3. Assist the Director of the Department in inspecting, verifying, concluding, and recommending the handling of complaints within the Director's jurisdiction when assigned, and other tasks as prescribed by the law on complaints.

4. Organize the verification of complaint contents, conclude the verified contents, and recommend measures for handling complaints within the Director's jurisdiction when assigned, and other tasks as prescribed by the law on complaints.

5. Organize the implementation of citizen reception work in accordance with the law when assigned by the Director of the Department.

6. Assist the Director of the Department in directing, urging, and checking the implementation of anti-corruption work by agencies and units directly under the Director of the Department of Labor, Invalids, and Social Affairs' management.

7. Perform other duties and authorities as prescribed by law or assigned by the Director of the Department.

Article 10. Tasks and powers to carry out specialized inspection of the General Department of Vocational Education and Training, the Department of Overseas Labor Management, and the Department of Occupational Safety and Health.The General Department of Vocational Education and Training, the Department of Overseas Labor Management, and the Department of Occupational Safety and Health shall perform the tasks and powers prescribed in Article 10 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 on agencies entrusted with the function of specialized inspection and specialized inspection activities, and the following tasks and powers:

1. Carry out specialized inspection within the scope of state management of the General Department and the Department.

2. Summarize and report the results of specialized inspection work, complaints and denunciations resolution, and anti-corruption activities in the fields under their management to the Inspectorate of the Ministry.

3. Participate with the Inspectorate of the Ministry in guiding and training specialized inspection business within the scope of management of the General Department and the Department.

4. Detect, prevent, and handle according to their authority or recommend competent state agencies to handle violations of laws within the scope of state management as prescribed.

Article 11. Tasks and powers to carry out specialized inspection of the Director of the General Department of Vocational Education and Training, the Director of the Department of Overseas Labor Management, and the Director of the Department of Occupational Safety and Health.

5. Other tasks and powers as prescribed by law.

The Director of the General Department of Vocational Education and Training, the Director of the Department of Overseas Labor Management, and the Director of the Department of Occupational Safety and Health shall perform the tasks and powers stipulated in Article 11 of Decree No. 07/2012/NĐ-CP and the following tasks and powers:1. Decide on specialized inspection and establish inspection teams to carry out inspection tasks in accordance with the provisions of the law.

2. Organize the supervision, urging, and inspection of inspected entities, agencies, organizations, and individuals in implementing inspection conclusions; supervise the activities of inspection teams in accordance with the provisions of the law.

3. Direct and inspect the implementation of inspection work, receiving citizens, resolving complaints and denunciations, and anti-corruption activities within their scope of responsibility.

Article 12. Advisory units for specialized inspection work under the General Department of Vocational Education and Training, the Department of Overseas Labor Management, and the Department of Occupational Safety and Health.

1. The advisory unit for specialized inspection work at the General Department of Vocational Education and Training shall be organized in the form of a Bureau, while at the Department of Overseas Labor Management and the Department of Occupational Safety and Health, it shall be organized in the form of a Division.

4. Other duties and powers as prescribed by law.

2. The advisory unit for specialized inspection work shall perform the following tasks:

a) Take the lead and coordinate with relevant units and departments within the General Department and the Department to develop inspection programs and plans to submit to the head of the direct managing agency;

b) Conduct inspections according to the plan; regular inspections; and spot inspections when assigned by the head of the agency;

c) Resolve complaints and denunciations and combat corruption in accordance with the law when assigned;

d) Summarize, evaluate, and report the results of specialized inspection work; resolve complaints and denunciations and combat corruption;

đ) Assist the head of the unit in supervising, urging, and inspecting the implementation of inspection conclusions, recommendations, and decisions on handling within their authority;

e) Handle according to their authority or recommend competent state agencies to handle violations of laws discovered through inspection work;

g) Perform other tasks assigned by the head of the agency and as prescribed by law.

e) Handle within their authority or recommend competent state agencies to handle violations of law discovered through inspection activities;

g) Carry out other tasks assigned by the head of the agency and as prescribed by law.

Chapter III

ACTIVITIES OF THE AGENCIES PERFORMING LABOR INSPECTION FUNCTIONS

Article 13. Administrative inspection activities

1. Administrative inspection activities shall be carried out by the Inspectorate of the Ministry and the Inspectorate of the Department in accordance with the provisions of the law.

2. The content of administrative inspection: Inspect the implementation of policies, laws, and tasks and powers of agencies, organizations, and individuals as stipulated in Clause 1 of Article 2 of this Decree.

Article 14. Specialized inspection activities

1. Specialized inspection activities shall be carried out by agencies performing labor, invalids, and social affairs inspection functions as provided for in Article 3 of this Decree.

2. Specialized inspection activities shall be conducted in accordance with the provisions from Article 51 to Article 56 of the Inspection Law and from Article 14 to Article 32 of Decree No. 07/2012/NĐ-CP.

Article 15. Content of specialized inspection on labor and occupational safety and health1. Inspect compliance with labor laws: Compliance with obligations of workers and employers; labor contracts; vocational training and apprenticeship; dialogue at workplaces, collective bargaining, collective labor agreements; wages; working hours and rest periods; labor discipline and material responsibility; implementation of special provisions for female workers, juvenile workers, and certain types of workers; other provisions of labor laws.

2. Inspect compliance with laws on occupational safety and health: Implementation of measures to prevent and control dangerous factors and harmful elements affecting workers; handling technical accidents causing loss of occupational safety and health and work-related injuries and diseases; ensuring occupational safety and health for certain specific workers; ensuring occupational safety and health for production and business establishments; activities of occupational safety and health service organizations.

Article 16. Content of specialized inspection on employment, social insurance, unemployment insurance, and medical insurance

1. Inspect compliance with laws on employment of workers, employers, and other agencies, organizations, and individuals related to employment: Employment support policies; labor market information; assessment and issuance of national vocational skill certificates; organization and operation of employment services; unemployment insurance.

2. Inspect compliance with laws on social insurance of social insurance organizations, employers, and workers.

3. Inspect compliance with legal provisions on the obligation to participate in medical insurance of employers and workers as stipulated in Clause 1 of Article 12 of the Law Amending and Supplementing Certain Provisions of the Medical Insurance Law and the subjects managed by the Ministry of Labor, Invalids, and Social Affairs as stipulated in Points d, e, g, h, i, and k of Clause 3 and Clause 4 of Article 12 of the Law Amending and Supplementing Certain Provisions of the Medical Insurance Law.

Article 17. Content of specialized inspection on Vietnamese workers going abroad under contracts

1. Inspect compliance with legal provisions on the organizational structure of enterprises and public institutions sending Vietnamese workers abroad under contracts.

2. Inspect compliance with laws on the signing of contracts related to sending Vietnamese workers abroad; selection of workers; vocational training and language instruction for workers; organization of necessary knowledge training for workers before going abroad; implementation of contracts related to sending Vietnamese workers abroad; management, protection of rights and legitimate interests, and implementation of policies and benefits for Vietnamese workers going abroad; settlement of contracts between enterprises, public institutions, and workers going abroad; financial arrangements in the activity of sending Vietnamese workers abroad under contracts.

3. Inspect compliance with other legal provisions on sending Vietnamese workers abroad under contracts.

3. Inspect compliance with other legal provisions regarding the dispatch of Vietnamese workers to work abroad under contracts.

Article 18. Contents of specialized inspection in vocational education

1. Inspect compliance with laws on the organization of vocational education institutions; policies for vocational education institutions; financial and property matters of vocational education institutions as prescribed by laws on vocational education.

2. Inspect compliance with laws on training activities and international cooperation in vocational education; rights and responsibilities of enterprises in vocational education activities; teachers and students; quality assurance in vocational education.

Article 19. Contents of specialized inspection in the field of persons with meritorious service

1. Inspect compliance with policies and laws on preferential treatment for persons with meritorious service to the revolution: Implementation of provisions regarding beneficiaries, conditions, standards, preferential regimes for persons with meritorious service to the revolution and their relatives; responsibilities of agencies, organizations, and individuals in implementing preferential policies and regimes for persons with meritorious service to the revolution and their relatives.

2. Inspect compliance with policies and laws on the issuance, management, and use of funds to implement preferential policies for persons with meritorious service to the revolution and those directly participating in the resistance war managed by the Ministry of Labor, Invalids, and Social Affairs; management and use of the Fund for Gratitude and Repayment; implementation of other provisions on preferential treatment for persons with meritorious service to the revolution.

Article 20. Contents of specialized inspection in the field of children and other social policies

1. Inspect compliance with legal provisions on policies for protecting and caring for children within the scope of authority and responsibility of the Ministry of Labor, Invalids, and Social Affairs: Implementation of the national action program for children; child protection programs; realization of children's rights; care and nurturing of children in special circumstances; and other programs and plans on protecting, caring for, and educating children within the scope of authority and responsibility of the Ministry of Labor, Invalids, and Social Affairs.

2. Inspect compliance with policies and laws on poverty reduction and social assistance; implementation of the national target program on poverty reduction and social assistance programs within the scope of authority and responsibility of the Ministry of Labor, Invalids, and Social Affairs.

3. Inspect compliance with legal provisions on gender equality policies and solutions; implementation of the national target program on gender equality within the scope of authority and responsibility of the Ministry of Labor, Invalids, and Social Affairs.

4. Inspect compliance with legal provisions on policies and measures to prevent prostitution; drug rehabilitation; post-rehabilitation management; support for victims of trafficking; organization and operation of Social Rehabilitation Centers; post-rehabilitation management facilities.

5. Inspect compliance with legal provisions on other contents related to labor, invalids, and social affairs.

Article 21. Construction and approval of annual inspection plans

1. By November 1st each year at the latest, the Director of the General Department of Vocational Education, the Director of the Occupational Safety and Health Inspection Bureau, and the Director of the Overseas Labor Management Bureau shall, based on guidance from the Ministry Inspectorate and the requirements of their management responsibilities, be responsible for submitting inspection plans to the Ministry Inspectorate for consolidation, review, and reporting to the Minister. Based on the inspection program orientation, guidance from the Chief Inspector of the Government, and the requirements of the management work of the Ministry of Labor, Invalids, and Social Affairs, as well as the inspection plans of the General Department of Vocational Education, the Occupational Safety and Health Inspection Bureau, and the Overseas Labor Management Bureau, the Ministry Inspectorate shall be responsible for presenting the Minister for approval of the inspection plan by November 15th each year at the latest.

The Minister shall approve the inspection plan by November 25th each year at the latest.

2. Based on the inspection plan of the Ministry Inspectorate, the provincial inspectorate, and the requirements of the management work of the Ministry of Labor, Invalids, and Social Affairs at the local level, the municipal inspectorate shall develop an inspection plan and submit it to the Municipal Department Director for approval by December 5th each year at the latest.

The Municipal Department Director shall approve the inspection plan by December 15th each year at the latest.

3. The inspection plans stipulated in Clause 1 and Clause 2 of this Article shall be sent to the inspected entities and relevant agencies and organizations.

4. For labor inspection activities, annually, the Ministry Inspectorate and the municipal inspectorate may require enterprises to conduct self-inspections of their compliance with laws to serve as a basis for developing the next year's inspection plan. The Minister of Labor, Invalids, and Social Affairs shall specify in detail the enterprise's self-inspection procedures.

Article 22. Procedures for labor, social affairs, and war invalids inspection

1. The procedures for administrative inspection in the labor, social affairs, and war invalids sector shall be carried out in accordance with the Inspection Law and Decree No. 86/2011/NĐ-CP.

2. The procedures for specialized inspection in the labor, social affairs, and war invalids sector shall be carried out in accordance with the Inspection Law, Decree No. 07/2012/NĐ-CP, and the provisions of this Decree.

3. For specialized inspections on labor, safety, and hygiene, they shall be conducted as follows:

a) The establishment and approval of the inspection plan, the dissemination of the inspection plan, and the development of a framework requesting the inspected entity to report shall be implemented according to Articles 18, 19, and 20 of Decree No. 07/2012/NĐ-CP.

In cases where consecutive inspections are conducted with the same inspection team and content, the inspection plan shall be combined for all inspections.

b) The notification of the announcement of the inspection decision shall be carried out according to Article 21 of Decree No. 07/2012/NĐ-CP.

If there is evidence that prior notice will affect the outcome of the inspection or immediate intervention is necessary to protect workers' rights or ensure workplace safety and hygiene, the inspection team or inspector may independently enter production, business, or service facilities at any time, day or night, without prior notice and with the consent of the head of the relevant state management agency at the same level.

Conducting inspections during nighttime or outside regular working hours requires coordination with relevant agencies, public security organs, and local authorities (if deemed necessary). The Minister of Labor, War Invalids, and Social Affairs shall lead the establishment of a coordination mechanism with relevant agencies.

c) Announcing the inspection decision

Within fifteen days from the date of signing the inspection decision, the Head of the inspection team must announce the inspection decision to the inspected entity, and the announcement record shall be combined with the inspection team's work record.

d) Reporting the results of the inspection

Within ten days from the end date of the final inspection under the inspection plan, the Head of the inspection team must submit a consolidated report on the inspection results.

The consolidated report on the inspection results must comply with the provisions set forth in Article 25 of Decree No. 07/2012/NĐ-CP.

4. Conclusion of specialized inspections

Based on the consolidated report of the inspection results and the explanations provided by the inspected entity (if any), within fifteen days from the receipt of the inspection result report, the person issuing the inspection decision must issue an inspection conclusion for each inspected entity.

The content of the inspection conclusion must comply with the provisions set forth in Article 27 of Decree No. 07/2012/NĐ-CP.

Article 23. Handling Overlap in Inspection Activities

1. In cases where the subjects and contents of inspection by the Ministry of Labor, War Invalids, and Social Affairs; Provincial Departments of Labor, War Invalids, and Social Affairs overlap with those of the Vietnam Social Security; Provincial Social Security Offices, the Minister, Department Director shall coordinate with the General Director of the Vietnam Social Security and the Director of Provincial Social Security Offices to resolve such overlaps.

2. Handling overlaps in inspection activities in other fields under the labor, social affairs, and war invalids sector shall be carried out in accordance with the provisions of the law.

Article 24. Re-inspection

1. The Inspector General of the Ministry shall decide to re-inspect cases that have been concluded by the head of the agency responsible for performing specialized inspection functions; the General Director of the Vietnam Social Security, and the Chairman of the People's Committee at the provincial level within the scope and authority of state management of the Ministry of Labor, Invalids, and Social Affairs but which were found to have signs of violation of laws when assigned by the Minister.

2. The Inspector of the Department shall decide to re-inspect cases that have been concluded by the Vietnam Social Security at the provincial or centrally governed city level within the scope and authority of state management of the Department of Labor, Invalids, and Social Affairs but which were found to have signs of violation of laws when assigned by the Director of the Department.

3. The procedures and formalities for re-inspection shall be carried out according to the provisions from Article 48 to Article 52 of Decree No. 86/2011/ND-CP and from Article 33 to Article 38 of Decree No. 07/2012/ND-CP.

Article 25. Reporting System on Inspection Work

1. The Ministry Inspector shall report to the Minister and the Chief Inspector of the Government on the inspection work, handling complaints and denunciations, receiving citizens, and preventing corruption within the scope of responsibility assigned according to the law.

2. The head of the agency responsible for performing specialized inspection functions shall report on specialized inspection work to the Ministry Inspector for consolidation and reporting to the Minister.

3. The Department Inspector shall report to the Director of the Department and the Inspector General of the province on the inspection work, handling complaints and denunciations, receiving citizens, and preventing corruption; report to the Inspector General of the Ministry on specialized inspection work, handling complaints and denunciations, and receiving citizens according to the law.

4. The regular reporting system on inspection work, receiving citizens, handling complaints and denunciations, and preventing corruption shall be implemented according to the provisions of the law.

Chapter IV

INSPECTORS, SPECIALIZED INSPECTION CIVIL SERVANTS, AND ASSOCIATE INSPECTORS OF THE LABOR - INVALIDS AND SOCIAL AFFAIRS SECTOR

Article 26. Inspectors of the Labor - Invalids and Social Affairs Sector

1. Inspectors of the Labor - Invalids and Social Affairs Sector are civil servants belonging to the Ministry Inspectorate and the Department Inspector who are appointed to the inspector rank to perform inspection tasks and other tasks as prescribed by law.

2. The duties, powers, and standards of inspectors are stipulated in Article 31, Article 32, and Article 33 of the Inspection Law; Article 2, Article 3, and Article 5 of Decree No. 97/2011/ND-CP dated October 21, 2011 of the Government on inspectors and associate inspectors, and related legal regulations.

3. Inspectors of the Labor - Invalids and Social Affairs Sector shall be provided with inspection uniforms, inspection cards, insignias, shoulder straps, ranks, and enjoy benefits and policies according to the law.

4. Inspectors assigned to conduct surprise inspections at night or outside regular working hours shall be entitled to night shift allowances and overtime pay as stipulated by the Labor Code.

Article 27. Specialized Inspection Civil Servants of the Labor - Invalids and Social Affairs Sector

1. Specialized inspection civil servants of the Labor - Invalids and Social Affairs Sector are persons included in the establishment of the agency responsible for performing specialized inspection functions as stipulated in Clause 2 of Article 3 of this Decree, assigned by the head of the agency to perform specialized inspection tasks.

2. Specialized inspection civil servants of the Labor - Invalids and Social Affairs Sector must meet the criteria and conditions as stipulated in Article 12 of Decree No. 07/2012/ND-CP.

3. Specialized inspection civil servants of the Labor - Invalids and Social Affairs Sector shall be provided with specialized inspection civil servant uniforms, cards, and enjoy allowances when performing inspection tasks according to the law.

4. Specialized inspection civil servants of the Labor - Invalids and Social Affairs Sector may impose administrative penalties according to the law on administrative violations.

Article 28. Inspectors Collaborating with the Labor - Invalids and Social Affairs Sector

1. Inspectors collaborating with the Labor - Invalids and Social Affairs sector are individuals not belonging to the establishment of state inspection agencies, who are summoned by the Ministry Inspectorate or Provincial Inspectorate to participate in inspection teams to perform inspection tasks in the labor, invalids, and social affairs fields.

2. Inspectors collaborating with the Labor - Invalids and Social Affairs sector have duties and powers as prescribed in Article 24 of Decree No. 97/2011/NĐ-CP and enjoy benefits and policies according to the laws on inspection and related laws.

3. The Minister of Labor - Invalids and Social Affairs shall provide detailed guidance on the standards for inspectors collaborating with the inspection sector, remuneration and incentive policies for such inspectors in accordance with the characteristics of the inspection activities managed by the ministry.

Chapter V

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS AND INSPECTION ACTIVITIES IN THE LABOR - INVALIDS AND SOCIAL AFFAIRS SECTOR

Article 29. Responsibilities of the Minister of Labor - Invalids and Social Affairs

1. Leading and directing inspection activities within the scope of management of the Ministry of Labor - Invalids and Social Affairs.

2. Approving the annual inspection program and plan.

3. Timely address conclusions and recommendations regarding inspection work.

4. Strengthening organizational structure, arranging civil servants with professional expertise and moral integrity to work in inspection; organizing, directing and ensuring conditions for inspection activities.

5. Performing other tasks as prescribed by law.

Article 30. Responsibilities of the Chairman of the People's Committee at the provincial level

1. Organizing, directing, and implementing the restructuring of the organizational structure, staffing, uniforms, equipment, technical devices, and operating funds of the Provincial Inspectorate based on the proposal of the Department Director.

2. Issuing regulations on coordination of activities between the Provincial Inspectorate and public security agencies, market management agencies, specialized inspection agencies, People's Committees at all levels, and relevant agencies and organizations within the jurisdiction.

Article 31. Responsibilities of the Director of the Department of Labor - Invalids and Social Affairs

1. Leading and directing inspection activities within the scope of management of the Department of Labor - Invalids and Social Affairs.

2. Directing the construction and approval of the annual inspection plan.

3. Timely address conclusions and recommendations regarding inspection work.

4. Strengthening organizational structure and ensuring funding and operational conditions of the Provincial Inspectorate within the authorized scope.

5. Promptly resolving difficulties and obstacles in inspection work; handling overlapping issues in inspection and supervision activities within the scope of management.

6. Performing other tasks as prescribed by law.

Article 32. Coordination responsibilities between the Labor - Invalids and Social Affairs Inspectorate and related agencies and organizations

1. The Ministry Inspectorate shall coordinate with units under the Government Inspectorate; Inspectorates of Ministries and sectors; Vietnam Social Security; Vietnam General Confederation of Labor; Vietnam Chamber of Commerce and Industry; other representative organizations of employers and employees; political-social organizations and occupational associations; Departments, Bureaus, Divisions under the Ministry of Labor - Invalids and Social Affairs; Inspectorates of provinces; Departments of Labor - Invalids and Social Affairs and related agencies and units in inspection activities, complaint resolution, and anti-corruption efforts.

2. The Provincial Inspectorate shall coordinate with the Ministry Inspectorate; Provincial Inspectorate; specialized agencies, Inspectorates of provincial departments and sectors; Provincial Social Security; Provincial Trade Union; other representative organizations of employers and employees; political-social organizations and occupational associations; County Inspectorates; Departments of Labor - Invalids and Social Affairs and related agencies in inspection activities, complaint resolution, citizen reception, and anti-corruption efforts.

3. The Vocational Education and Training Administration, Overseas Labor Management Bureau, Occupational Safety and Health Bureau shall coordinate with related agencies and units and political-social organizations and occupational associations within the scope of specialized inspection activities assigned by this Decree, in accordance with the law.

Article 33. Responsibility for coordination of agencies, organizations, and individuals subject to inspection

Agencies, organizations, and individuals subject to inspection shall be responsible for coordinating with the Labor - Invalids and Social Affairs Inspection Authority in inspection activities; performing the rights and obligations of inspected subjects as prescribed by law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 34. Effective Date

This Decree takes effect from November 20, 2017, replacing Government Decree No. 39/2013/NĐ-CP dated April 24, 2013 on the organization and operation of the Labor - Invalids and Social Affairs Inspection Authority.

Article 35. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-run city People's Committees, relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.