Circular No. 14/2015/TT-BLDTBXH stipulates on inspectors, specialized inspection civil servants, and inspection collaborators in the Labor - War Invalids and Social Affairs sector.

CIRCULAR

REGULATIONS ON INSPECTORS, SPECIALIZED INSPECTION OFFICERS and inspectors Environment Llabor - Twar invalids and XAssociation

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Based on the Inspection Law dated November 15, 2010;

Decree No. 92/2014/NĐ-CP dated October 8, 2014 of the Government amending Clause 1, Article 16 of Decree No. 97/2011/NĐ-CP dated October 21, 2011 of the Government stipulating inspectors and inspection collaborators;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

On the basis of Decree No. 39/2013/NĐ-CP dated April 24, 2013 of the Government on the organization and operation of labor inspection in the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Office of the Ministry of Public Security;June 2024;a) The Ministry of Information and Communications;

The Minister of Labor, Invalids and Social Affairs issues this Circular to provide regulations on inspectors, specialized labor inspectors, and cooperating inspectors in the Ministry of Labor, Invalids and Social Affairs.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

1. Duties and powers of inspectors, specialized labor inspector training, conditions ensuring activities for inspectors in the Ministry of Labor, Invalids and Social Affairs;

2. Standards, duties, powers of specialized labor inspectors, authority to decide on assigning specialized labor inspectors, uniforms, specialized labor inspector identification cards (hereinafter referred to as Identification Card), and conditions ensuring activities for specialized labor inspectors in the Ministry of Labor, Invalids and Social Affairs;

3. Standards, duties, powers, benefits, and policies for cooperating inspectors, summoning cooperating inspectors in the Ministry of Labor, Invalids and Social Affairs;

4. Management of inspectors, specialized labor inspectors, and utilization of cooperating inspectors in the Ministry of Labor, Invalids and Social Affairs.

Article 2. Applicability

This Circular applies to inspectors, specialized labor inspectors, and cooperating inspectors in the Ministry of Labor, Invalids and Social Affairs; state inspection agencies in the Ministry of Labor, Invalids and Social Affairs; agencies assigned to perform specialized inspection functions; and agencies and organizations with civil servants and employees summoned by state inspection agencies in the Ministry of Labor, Invalids and Social Affairs to serve as cooperating inspectors.

Chapter II

LABOR INSPECTORS IN THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS

Article 3. Inspectors

1. Labor inspectors in the Ministry of Labor, Invalids and Social Affairs are civil servants of state inspection agencies in the Ministry of Labor, Invalids and Social Affairs, appointed to inspection ranks to perform inspection tasks and other tasks assigned by the head of the state inspection agency, including labor inspectors of the Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as the Ministry Inspectorate) and labor inspectors of the Department of Labor, Invalids and Social Affairs (hereinafter referred to as the Department Inspectorate).

2. Standards for labor inspectors in the Ministry of Labor, Invalids and Social Affairs are stipulated in Clause 1, Article 32 of the Inspection Law, Articles 6, 7, and 8 of Decree No. 97/2011/NĐ-CP dated October 21, 2011 of the Government on inspectors and cooperating inspectors.

Article 4. Duties and Powers of Inspectors

Labor inspectors in the Ministry of Labor, Invalids and Social Affairs have duties and powers as prescribed in Article 46 and Article 47 of the Inspection Law when conducting administrative inspections; and duties and powers as prescribed in Article 53 and Article 54 of the Inspection Law and relevant specialized laws when conducting specialized inspections.

Article 5. Specialized Inspection Training

1. The Ministry Inspectorate is responsible for organizing, coordinating with relevant agencies to develop programs, materials, and plans for specialized inspection training in labor, invalids, and social affairs, submitting them to the Minister for approval, and implementing training according to the approved plan.

2. Civil servants participating in specialized inspection training will be issued certificates according to Model 1a and Model 1b attached to this Circular.

3. Funding for organizing specialized inspection training is allocated from the annual state budget estimate of the Ministry Inspectorate.

4. Funding for civil servants participating in specialized inspection training from which agency shall be paid by that agency.

Article 6. Conditions Ensuring Activities for Inspectors

1. Inspectors are equipped with work equipment and means at their agencies in accordance with the law. When on duty, inspectors conduct independent inspections or join inspection teams and are provided with the following work equipment and means to facilitate inspection activities:

a) Laptop computers, printers;

b) Photography, audio, and video recording equipment;

c) Specialized technical equipment;

d) Other auxiliary equipment serving inspection activities.

2. In addition to the technical equipment mentioned in Clause 1 of this Article, when conducting inspections and in necessary cases, inspection agencies may use other means and techniques in accordance with the law. The Ministry Inspectorate compiles a list of technical equipment for inspection activities and submits it to the Minister for approval.

3. Means of transportation; communication and information means; reporting and exchanging professional matters

a) Based on the financial resources of the same-level state management agency, the Ministry Inspectorate and the Department Inspectorate are equipped with dedicated vehicles to perform tasks as prescribed or work in areas with complex terrain where public transport is unavailable.

b) Inspectors on independent or team inspections are guaranteed access to the internet during the performance of their official duties.

c) Inspectors and inspection agencies under the Ministry of Labor, Invalids and Social Affairs report and exchange professional matters through the following methods: telephone, fax, email, sending official letters via postal service, and other communication means as prescribed by law and unit regulations.

4. Funding for implementing the provisions of this Article is ensured from the annual state budget estimate of the Ministry Inspectorate, Department of Labor, Invalids and Social Affairs, funds from administrative penalties collected through inspections and checks, recovered amounts from inspection work already submitted to the state budget, and other sources of funding as prescribed by law.

Chapter III

SPECIALIZED LABOR INSPECTORS IN THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS

Article 7. Specialized Inspection Civil Servants

1. Specialized inspection civil servants of Labor - War Invalids and Social Affairs are civil servants within the establishment of the General Vocational Training Administration and the Overseas Labor Management Department assigned specialized inspection tasks according to the decision of the Director of the General Vocational Training Administration and the Director of the Overseas Labor Management Department.

2. The number of specialized inspection civil servants shall be decided by the Director of the General Vocational Training Administration and the Director of the Overseas Labor Management Department based on the requirements and tasks of each unit.

Article 8. Standards for specialized inspection civil servants

1. Regarding capacity

a) Understanding the Party's guidelines, policies, and state laws to apply them in specialized inspection activities.

b) Mastering regulations related to their professional field and management rules concerning the administrative sector of the unit where they work.

c) Possessing knowledge about specialized inspection business of Labor - War Invalids and Social Affairs.

d) Having analytical and synthesis capabilities.

2. Regarding qualifications and years of service

a) Holding a bachelor’s degree or higher in a relevant field corresponding to the assigned specialized inspection tasks.

b) Having a certificate of specialized inspection business training.

c) Having at least one year of professional work experience in the assigned specialized inspection field (excluding probationary period).

Article 9. Tasks and powers of specialized inspection civil servants

When conducting inspections, specialized inspection civil servants have tasks and powers as stipulated in Article 53 and Article 54 of the Inspection Law and other relevant specialized laws.

Article 10. Competence to Decide on Assigning Professional Inspectors

The Director of the General Vocational Training Administration and the Director of the Overseas Labor Management Department decide to assign civil servants under their direct management to perform specialized inspection tasks based on the proposal of organizations and units advising on specialized inspection work.

Article 11. Procedures and formalities for assigning specialized inspection civil servants

Civil servants of the General Vocational Training Administration and the Overseas Labor Management Department who meet the standards set out in Article 8 of this Circular shall be considered and selected by the Director of the General Vocational Training Administration and the Director of the Overseas Labor Management Department to be assigned as specialized inspection civil servants according to the following procedures and formalities:

1. Organizations and units advising on specialized inspection work prepare files to submit to the Director of the General Vocational Training Administration and the Director of the Overseas Labor Management Department for decisions on assigning specialized inspection civil servants.

2. The dossier includes:

a) Memorandum;

b) List of civil servants selected for consideration to be assigned as professional inspectors;

c) Bachelor's degree certificate or higher (copy);

d) A copy of the certificate of specialized inspection business training;

đ) Appointment decision to the civil service rank (copy);

e) A curriculum vitae according to Model 2C-BNV/2008 issued together with Decision No. 02/2008/QĐ-BNV dated October 6, 2008 of the Minister of Home Affairs, confirmed by the head of the directly managing agency.

3. The Director of the General Vocational Training Administration and the Director of the Overseas Labor Management Department base on the report and file mentioned above to issue a decision assigning civil servants to perform specialized inspection tasks.

Article 12. Professional training for specialized inspection civil servants

1. Professional training for specialized inspection civil servants shall be carried out in accordance with the provisions of Article 5 of this Circular.

2. The Director of the General Vocational Training Administration and the Director of the Overseas Labor Management Department are responsible for nominating specialized inspection civil servants to participate in professional training courses.

Article 13. Uniforms of specialized inspection officials

Specialized inspection officials shall be provided with uniforms, badges, and insignias in accordance with the regulations of the Minister of Labor - War Invalids and Social Affairs.

Article 14. Issuing Authority, Validity Period, and Card Number

1. The Minister of Labor - War Invalids and Social Affairs shall issue Cards to specialized inspection officials.

2. The validity period for the Card is five years from the date of issuance.

3. Card number:

Each specialized inspection official shall be assigned one Card number. The Card number consists of:

a) The first group of characters: A09 is the code of the Ministry of Labor - War Invalids and Social Affairs;

b) The next group of characters is the abbreviation of the name of each unit:

- Department of Overseas Labor Management abbreviated as: QLLĐNN;

- The abbreviation of the General Department of Vocational Training is: TCDN.

Example: A09-QLLĐNN.01, where: A09 is the code number of the Ministry of Labor - War Invalids and Social Affairs; QLLĐNN is the Department of Overseas Labor Management; 01 is the serial number of the specialized inspection official issued the Card.

Article 15. Card Model

1. The Card is rectangular, measuring 61 mm wide and 87 mm long, consisting of card stock and protective film. The content on the Card is presented in the Vietnamese Unicode font according to the Vietnamese standard TCVN 6909:2001.

2. The Card has two sides:

a) Front side (Model 2 issued together with this Circular) The front side is red with yellow text, including:

- Top line: National Emblem of Vietnam, in bold uppercase letters, black color, font size 9; "SOCIALIST REPUBLIC OF VIETNAM", in bold uppercase letters, size 10;

- In the center of the Card: National Emblem, diameter 24 mm; - Bottom line: "RELIGIOUS INSPECTION PROFESSIONAL INSPECTOR'S CARD", in bold uppercase letters, black color, font size 12;, in bold letters, size 12, underlined at the end of the line;

- First line: "GOVERNMENT RELIGIOUS AFFAIRS COMMITTEE", in bold uppercase letters, black color, font size 13; "SPECIALIZED INSPECTION OFFICIAL CARD OF LABOR - WAR INVALIDS AND SOCIAL AFFAIRS", in bold letters, size 12.

b) Back side (Model 2 issued together with this Circular): The background is light yellow; in the center is the National Emblem embossed with rays emanating from the corners; from the top left corner to the bottom right corner is a diagonal red stripe (6 mm wide). The back side of the Card contains the following information:

- Issuing authority name: "MINISTRY OF LABOR - WAR INVALIDS AND SOCIAL AFFAIRS" (first line): Bold uppercase letters, black color, size 12;

- Card number (second line): Bold uppercase letters, black color, size 12. The Card number reflects the sector, field, and unit where the specialized inspection official works;

- Name of the official issued the Card (third line): Bold uppercase letters, black color, size 12;

- Name of the working agency of the official issued the Card (fourth line): Bold uppercase letters, black color, size 12;

- Date of issuance (fifth line): Regular letters, black color, size 12;

- Position and signature of the issuer (sixth line): Bold uppercase letters, black color, size 12;

- Official seal of the issuing authority (diameter 18 mm);

- Portrait photograph of the official issued the Card, size 23 mm x 30 mm, located at the lower left corner of the Card, with a quarter-inch raised stamp at the lower right corner of the photo;

- Expiration date: abbreviated as HSD, regular letters, size 10 below the photo.

Article 16. Issuing New, Reissuing, Renewing, and Revoking Cards

1. Types of Card Issuance

a) New issuance: when officials from the General Department of Vocational Training and the Department of Overseas Labor Management are assigned as specialized inspection officials.

b) Reissuance: in cases where the Card is lost or damaged due to external reasons; reissuance will not be granted if the specialized inspection official has had their Card revoked due to violations of laws.

c) Renewal: in cases where the Card's validity period has expired, the Card number has changed, the name of the agency responsible for specialized inspection functions has changed, or there are new regulations regarding the Card model.

d) Revocation: when the official dies, retires, resigns, transfers, is dismissed, is no longer assigned as a specialized inspection official, is convicted by a court with a legally effective judgment, or is temporarily detained for investigation or trial.

2. Procedures and Formalities for Issuing New, Reissuing, Renewing, and Revoking Cards

a) The Inspectorate of the Ministry receives and reviews the application files submitted by agencies responsible for specialized inspection functions for new issuance, reissuance, renewal, and revocation of Cards within ten days from the date of receiving complete and valid files.

b) Agencies responsible for specialized inspection functions have the duty to:

- Prepare a list of officials assigned as specialized inspection officials to request the Minister (through the Inspectorate of the Ministry) to issue new, reissue, renew, or revoke Cards;

- Prepare complete files in accordance with Clause 3 of this Article.

3. Application Files for Issuing New, Reissuing, Renewing, and Revoking Cards

a) New Card issuance file includes:

- List of specialized inspection officials requesting Card issuance (Model 3 issued together with this Circular);

- Decision assigning officials to perform specialized inspection tasks (one original copy per official) by the head of the direct management agency;

- A letter requesting issuance from the agency assigned to perform specialized health inspection functions;

- Photographs of officials requesting Card issuance (two photos, size 23 mm x 30 mm) with clear names and units of work written on the back of each photo and on the envelope containing the photos.

b) Renewal Card file: As specified in point a, Clause 3 of this Article, and accompanied by the previously issued Card to be cut and invalidated.

c) Reissued Card file: As specified in point a, Clause 3 of this Article, and accompanied by a request for reissuance of the Card.

d) Card revocation file includes:

- Official letter from the agency responsible for specialized inspection functions requesting Card revocation;

- Documentation proving or notifying that the official is no longer assigned as a specialized inspection official based on the reasons stated in point d, Clause 1 of this Article.

Article 17. Responsibilities in issuing, managing, and using the Card

1. The Inspectorate of the Ministry shall be responsible for:

a) Assisting the Minister in managing card blanks, issuance files; opening registers to track new issuance, reissuance, and replacement of Cards; implementing procedures to request the Minister to issue Cards in accordance with this Circular.

b) Receiving replaced Cards, recovered Cards, and Cards with corners cut off and storing them in the issuance file.

c) Monitoring, inspecting, supervising the issuance, distribution, management, use, and recovery of Cards and guiding the handling of any incidents (if any).

2. The General Department of Vocational Training and the Department of Overseas Labor Management shall be responsible for:

a) Receiving Cards, directly distributing Cards, and overseeing the use of Cards by specialized inspectors under their management.

b) Recovering and submitting Cards back to the Ministry (through the Inspectorate of the Ministry) when the Cards of specialized inspectors are recovered according to point d, Clause 1, Article 16 of this Circular.

c) Proposing new issuance, reissuance, and replacement of Cards in accordance with this Circular.

3. Specialized inspectors shall be responsible for:

a) Properly preserving and using the Card in accordance with regulations; presenting the Card when performing specialized inspection tasks.

b) Not using the Card when not performing specialized inspection tasks as prescribed by law.

c) Reporting to the direct supervisory authority's head and submitting an application for replacement or reissuance of the Card when it is damaged or lost.

d) Returning the Card in cases stipulated in point d, Clause 1, Article 16 of this Circular.

Article 18. Funding for uniforms, Cards, and allowances for specialized inspectors

1. The cost of making uniforms shall be paid by the direct management and using agency from the allocated budget.

2. The cost of producing card blanks shall be arranged within the annual budget allocated to the Inspectorate of the Ministry.

3. Allowances for specialized inspectors when performing specialized inspection tasks shall be paid by the inspection decision-making agency according to the allowance regulations for specialized inspectors set by the Ministry of Finance.

4. Each unit shall annually submit its budget estimate to the same-level financial authority, present it to the competent authority for approval, and be included in the annual state budget estimate, ensuring compliance with the State Budget Law.

Chapter IV

ASSISTANT INSPECTORS IN THE LABOR - WAR INVALIDS AND SOCIAL AFFAIRS SECTOR

Article 19. Assistant Inspectors

Assistant Inspectors are civil servants or public officials who are summoned by the Inspectorate of the Ministry or the Inspectorate of the Department to join inspection teams to perform inspection tasks in areas under the Labor - War Invalids and Social Affairs sector. Assistant Inspectors are individuals not belonging to the staffing of state inspection agencies.

Article 20. Qualifications for Assistant Inspectors

1. Possess good political qualities, ethics; have a sense of responsibility, integrity, honesty, fairness, and objectivity.

2. Understand laws, have appropriate professional qualifications as required by the summoning agency.

3. Have the ability to analyze, synthesize, and write reports.

4. Have at least two years of work experience in the field being summoned.

Article 21. Summoning Assistant Inspectors

1. The Chief Inspector of the Ministry and the Chief Inspector of the Department have the right to summon Assistant Inspectors.

2. Before summoning Assistant Inspectors, the Chief Inspector of the Ministry and the Chief Inspector of the Department shall communicate in writing or directly with the management agency of the summoned civil servant or public official.

3. After reaching agreement with the management agency of the summoned civil servant or public official, the Chief Inspector of the Ministry and the Chief Inspector of the Department shall issue a summons for Assistant Inspectors. The content of the summons must clearly specify the basis for the summons, the name of the person summoned, the duration of the summons, the place of work, and the remuneration.

4. Upon completion of the summons period, the Chief Inspector of the Ministry and the Chief Inspector of the Department shall issue an evaluation report on the performance of the Assistant Inspectors to the head of the direct management agency of the summoned civil servant or public official.

Article 22. Duties and powers of inspection collaborators

Inspection collaborators perform duties and powers as prescribed in Articles 47 and 54 of the Inspection Law and other duties and powers as stipulated by specialized laws.

Article 23. Remuneration and policies for inspection collaborators

1. The direct managing agency pays salary and allowances to inspection collaborators (if applicable).

2. The agency summoning pays travel expenses for inspection collaborators according to point a, Clause 6, Article 2 of Circular No. 97/2010/TT-BTC dated July 6, 2010 of the Ministry of Finance on travel expenses and costs for organizing meetings for state agencies and public service units. Specifically:

a) The Ministry's Inspectorate pays travel expenses for inspection collaborators summoned by itself;

b) The Department of Labor, Invalids and Social Affairs pays travel expenses for inspection collaborators summoned by the Department's Inspectorate. In case the Department's Inspectorate has its own account, it directly pays travel expenses for inspection collaborators summoned by itself.

3. The agency summoning ensures working conditions, means of work, and other benefits for inspection collaborators as members of the inspection team.

Article 24. Budget for summoning inspection collaborators

1. The budget for summoning inspection collaborators is regulated in Article 26 of Decree No. 97/2011/NĐ-CP dated October 21, 2011 of the Government on inspectors and inspection collaborators.

2. The agency summoning may use funds from programs, projects, and other sources as prescribed by law to pay inspection collaborators.

Chapter V

MANAGEMENT OF INSPECTORS, SPECIALIZED INSPECTION CIVIL SERVANTS AND INSPECTION COLLABORATORS

LABOR - INVALIDS AND SOCIAL AFFAIRS SECTOR

Article 25. Responsibilities of the Head of the State Inspectorate Agency

1. Organize and implement or submit to the competent authority for implementation of remuneration and policies and ensure operational conditions for inspectors under its direct management.

2. Assigning, supervising, and inspecting the performance of tasks by inspectors.

3. Proposing to competent state authorities the appointment, removal, promotion, transfer, training, and further education for inspectors.

4. Evaluating inspectors under direct management in accordance with regulations.

5. Manage and inspect the use of uniforms, badges, signs, and inspector cards.

6. Implementing reward and disciplinary measures for inspectors within their authority or proposing competent authorities to reward or discipline inspectors in accordance with regulations.

7. Statistics and reporting on the situation of inspectors under direct management to higher-level inspector management agencies.

8. Resolving complaints and reports against inspectors in accordance with the law.

9. Perform other tasks and exercise other powers as prescribed by law.

Article 26. Responsibilities of the Head of the Agency assigned to perform specialized inspection functions

1. To inspect and supervise the performance of tasks by specialized inspector civil servants in accordance with the laws on inspection.

2. Ensuring operational conditions, systems, and policies for specialized inspection officials in accordance with regulations.

3. Assign specialized inspection civil servants to participate in specialized inspection training as prescribed.

4. Evaluate the performance of specialized inspection civil servants within the scope of direct management as prescribed.

5. Managing and inspecting the use of uniforms, badges, nameplates, and cards within the scope of direct management.

6. To implement reward and punishment systems for specialized inspector civil servants within their authority or to propose higher authorities to reward or punish them in accordance with the regulations.

7. Statistics and report on the implementation of tasks by specialized inspection civil servants within the scope of direct management as required by higher-level management agencies.

8. Resolve complaints and denunciations against specialized inspection civil servants in accordance with the law.

9. Perform other tasks and exercise other powers as prescribed by law.

Article 27. Responsibilities of the Head of the State Inspectorate Agency in summoning inspection collaborators

1. Utilize inspection collaborators according to their expertise and professional requirements suitable for the summoning tasks.

2. Supervise the performance of inspection collaborators during the summoning period.

3. Provide comments and evaluate the performance of inspection collaborators at the end of the summoning period.

4. Pay travel expenses, ensure working conditions, means of work, and other benefits for inspection collaborators as prescribed in this Circular.

5. Reward or propose competent authorities to reward or discipline inspection collaborators in accordance with the law.

Article 28. Responsibilities of the Head of the Agency with Inspectors and Civil Servants Summoned

1. Appoint and arrange inspectors and civil servants summoned to participate in the Inspection Team according to the summons letter from the State Inspectorate agency.

2. Coordinate with the Head of the State Inspectorate agency to inspect and supervise the performance of duties by inspection collaborators under their management authority.

3. Utilize the comments of the summoning agency regarding inspection collaborators in evaluating, assessing for commendation and rewards, and implementing other systems and policies for inspectors and civil servants summoned.

Article 29. Awards

Inspectors, specialized inspection civil servants, and inspection collaborators who excel in completing tasks assigned by the State Inspectorate agency shall be commended in accordance with regulations.

Article 30. Handling Violations

If inspectors, specialized inspection civil servants, and inspection collaborators violate legal provisions during the course of performing their duties, they will be subject to disciplinary action, administrative violation handling, or criminal responsibility pursuit depending on the nature and severity of the violation as stipulated by law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 31. Effective Date

This Circular takes effect from July 1, 2015.

Article 32. Responsibility for Implementation

The Heads of the Ministry's Inspectorate, the General Director of the Vocational Training Administration, the Director of the Overseas Labor Management Department, and the Heads of agencies and units under the Ministry of Labor, Invalids, and Social Affairs, the Directors of Departments, the Heads of Departments' Inspectorates, and related organizations, individuals have the responsibility to implement this Circular. In case of difficulties or obstacles encountered during implementation, it is recommended to report to the Ministry of Labor, Invalids, and Social Affairs (through the Ministry's Inspectorate) for timely revision and supplementation.

In case of difficulties or obstacles encountered during implementation, it is recommended to report to the Ministry of Labor, Invalids, and Social Affairs (through the Ministry's Inspectorate) for timely revision and supplementation./.