Decree No. 14/2017/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

issued by the Ministry of Labor - Invalids and Social Affairs

PURSUANTpursuant to the Law on Government Organization StructureMarch 19,2015;

On the basis of Government Decree No. 123/2016/NĐ-CP dated September 1, 2016to define the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;defining functions, tasks,powers and organizational structure of ministries and ministerial-level agencies;

The Government promulgates this Decree stipulating the regulations on seniority allowances for teachers.Minister of Labor - Invalids and Social AffairsPursuant to the request of the Director General of the Department of Vocational Education;

The Government promulgates this Decree stipulating the functions, tasks,powers and organizational structure of the Ministry of Labor - Invalids and Social Affairsand its powers and organizational structure and Welfareand Labor.

Article 1. Position and Functions

The Ministry of Labor - Invalids and Social Affairs is a governmental agency responsible for state management in the following areas: labor, wages; employment; vocational education; social insurance; occupational safety and health; persons with disabilities; social assistance; children; gender equality; prevention and control of social evils (hereinafter referred to collectively as the labor, persons with disabilities, and social affairs sectors) throughout the country; state management of public services and utilities in the sectors and fields under the Ministry's jurisdiction.

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 shall perform the tasks and powers prescribed in Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies and the specific tasks and powers set forth below:

1. Submit to the Government 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 or the Prime Minister.

2. Submit to the Government and the Prime Minister strategies, plans, and long-term, medium-term, and annual plans for development, and important national projects and works in the sectors and fields under the Ministry's jurisdiction.

3. Submit to the Prime Minister draft decisions, directives, national target programs, national programs, national action programs, and other documents concerning the sectors and fields under the Ministry's jurisdiction or as assigned by the Government or the Prime Minister.

4. Issuing circulars and other documents on state management over sectors and fields under its management.

5. Direct, guide, and organize the implementation of legal regulations, strategies, plans, national target programs, national programs, national action programs, and important national projects and works after they have been approved; provide information, propaganda, dissemination, and education on laws related to the sectors under the Ministry's jurisdiction.

6. Field of labor and wages:

a) Guide and organize the implementation of legal provisions on labor contracts, labor discipline, material responsibility, dialogue at workplaces, collective bargaining, collective labor agreements, resolution of labor disputes, and strikes;

b) Guide the implementation of legal provisions on minimum wage, labor norms, wage scales, allowances, payment of wages in enterprises, agencies, organizations, cooperatives, households, and individuals who hire workers in accordance with the Labor Code;

c) Guide the implementation of legal provisions of the Labor Code concerning female workers, underage workers, elderly workers, disabled workers, domestic workers, and other workers;

d) Guide the registration and management of activities of worker representative organizations in accordance with the Labor Code; perform the role of the national focal point for the labor sector during Vietnam's participation in international trade agreements;

đ) Guiding wages, bonuses, and remuneration for workers and managers in state-owned enterprises and enterprises with state capital investment.

7. Field of employment:

a) Guide and organize the implementation of legal provisions on employment; recruitment and management of Vietnamese and foreign workers working in Vietnam;

b) Guide and organize the collection, storage, compilation, analysis, forecasting, and publication of labor market information in the sectors and fields under its responsibility, excluding national labor market statistics indicators. Issue regulations on the management, exploitation, use, and dissemination of labor market information; establish a labor market information network and database;

c) Guiding the implementation of legal provisions on the organization and operation of employment services;

d) Guide the establishment, review, and publication of national skill standards; specify the issuance of national skill certificates;

đ) Guide and organize the implementation of legal provisions on unemployment insurance;

e) Guide the management and use of the National Employment Fund in accordance with the law.

8. Vocational education sector (excluding teacher training):

a) Taking the lead and coordinating with relevant ministries and sectors to guide and organize the implementation of legal provisions on vocational education;

b) Issue charters for colleges and technical schools and vocational training centers; examination and admission regulations; assessment and graduation regulations;

c) Specify models of diplomas and certificates; printing, management, issuance, recovery, and cancellation of diplomas and certificates; responsibilities of foreign-invested vocational education institutions in issuing diplomas and certificates in Vietnam; recognition of equivalence for those who have graduated from vocational training levels abroad;

d) Specify minimum knowledge requirements for each level of training; procedures for developing, reviewing, and issuing training programs for primary, intermediate, and college levels; organization of textbook compilation, selection, review, approval, and use in vocational education;

đ) Manage and organize the implementation of vocational education quality assurance;

e) Manage and organize the training and upgrading of vocational education teachers and managers, and instructors of regular training programs;

g) Decide on the establishment, permission to establish colleges, and recognition of private college principals within its authority.

9. Sector of Vietnamese workers going to work abroad under contracts:

a) Guide and organize the implementation of legal provisions regarding Vietnamese workers going abroad to work under contracts;

b) Develop overseas labor markets;

c) Build and guide the implementation of plans for training labor force to work abroad; specify the content, programs, and certificates for pre-departure training for workers going to work abroad;

d) Decide on the issuance, renewal, and revocation of licenses for services of sending workers to work abroad in accordance with the law;

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) Coordinate with the Ministry of Foreign Affairs to organize and direct the management and protection of the rights and legitimate interests of Vietnamese workers working abroad under contracts;

g) Manage the Overseas Employment Support Fund.

10. Social insurance field:

a) Directing and guiding the implementation of policies and laws on social insurance;

b) Guiding and organizing the implementation of information and reporting systems regarding social insurance; handling complaints and denunciations and dealing with violations of laws on social insurance;

c) Organizing training and education on social insurance in accordance with the provisions of the law.

11. Occupational safety and health field:

a) Guiding and organizing the implementation of legal regulations on occupational safety and health; working conditions, working hours, rest periods; national programs on occupational safety and health; establishing national files on occupational safety and health;

b) Specifying the compensation for work-related accidents and occupational diseases; allowances for work-related accidents; material supplements for workers operating under hazardous and harmful conditions;

c) Issuing lists of machinery, equipment, materials, and substances requiring strict occupational safety and health standards based on proposals from relevant ministries in accordance with the law; taking the lead in managing state activities related to occupational safety and health training and inspecting machinery, equipment, and materials requiring strict occupational safety standards;

d) Taking the lead in issuing lists of jobs requiring strict occupational safety and health standards; lists of occupations and jobs that are arduous, harmful, dangerous, and particularly arduous, harmful, and dangerous. Specifying labor classification standards according to working conditions; providing personal protective equipment in the workplace;

đ) Develop national standards; issue national technical regulations on occupational safety and health within their jurisdiction;

e) Issuing inspection procedures for machinery, equipment, materials, and management of substances requiring strict occupational safety and health standards within its jurisdiction. Providing comments for other ministries and sectors to issue inspection procedures for machinery, equipment, materials, and management of substances requiring strict occupational safety and health standards within their respective jurisdictions in accordance with the law;

g) Specify and guide quality inspections of special products and goods related to occupational safety in accordance with the law;

h) Investigating work-related accidents; organizing and guiding the collection, storage, compilation, provision, publication, and evaluation of information on work-related accidents and serious technical incidents causing safety and health hazards; building and managing a nationwide database on occupational safety;

i) Guide and organize the implementation of the Occupational Safety and Health Action Month;

12. Field of persons with meritorious service:

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

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) Specifying the management of memorials for martyrs;

d) Guiding the reception and reburial of martyrs' remains; providing information about martyrs' graves;

đ) Coordinating with ministries, localities, political-social organizations to organize movements to repay kindness and manage the Repayment of Kindness Fund;

13. Social assistance field:

a) Guiding and organizing the implementation of policies and laws on poverty reduction and social assistance;

b) Implementing the National Target Program on Sustainable Poverty Reduction and social assistance programs within its authority;

c) Specifying the specific conditions for establishing, organizing, and operating social assistance facilities;

d) Specifying procedures for admitting beneficiaries into social assistance facilities and returning them to their families from such facilities;

14. Children's field:

a) Guide and organize the implementation of legal provisions on children within the scope of the ministry's powers and responsibilities;

b) Lead and coordinate with relevant ministries and sectors to guide the formulation and implementation of strategies, policies, and national goals on children;

c) Coordinating the implementation of children's rights; leading and coordinating with relevant agencies and organizations to guide and organize the prevention and control of child accidents and injuries, and the care and upbringing of children in special circumstances;

d) Leading and coordinating with ministries, localities, political-social organizations, and relevant agencies and organizations to implement Children's Month activities and plans concerning children within the scope of responsibility of the ministry;

đ) Building, training, and enhancing the cadre of civil servants, public officials, and personnel engaged in child protection work, caregivers, and networks of child protection volunteers;

e) Managing and utilizing the Vietnam Child Welfare Fund;

15. Field of preventing and combating social evils:

a) Guiding the implementation of legal regulations on policies and measures to prevent prostitution; drug rehabilitation; post-rehabilitation management;

b) Guide the organization and operation of rehabilitation facilities and post-rehabilitation management facilities according to the law;

c) Specifying educational programs for behavior and character recovery, vocational training, and community reintegration for drug addicts;

d) Develop, submit to competent authorities for issuance policies to support victims of trafficking; guide the implementation of measures to support victims of trafficking within their authority.

đ) Directing the integration of anti-human trafficking content into poverty reduction programs, vocational training, job creation support, social evil prevention, gender equality promotion, and child protection;

16. Gender equality field:

a) Guiding the implementation of gender equality in accordance with the 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.

17. Guiding and organizing statistical work in the fields of labor, war invalids, and society in accordance with the law; building databases and statistical information systems of the ministry and sector;

18. Manage activities related to the application of information technology in the labor, war invalids, and social affairs sector.

19. Manage professional medical activities in units under the labor, war invalids, and social affairs sector that have medical operations.

20. Regarding public services:

a) Managing state services and public services in the industry and field under the ministry's state management;

b) Establishing and issuing economic and technical norms; specifying bidding, ordering, and assigning tasks for the supply of public services; setting quality criteria and standards for public services; mechanisms for monitoring, assessing, and inspecting the quality of public services and the effectiveness of operations of public institutions under its management;

c) Guiding the implementation of policies and laws and supporting organizations in carrying out public service activities under its management;

21. Guiding and organizing international cooperation and integration in the fields of labor, war invalids, and society;

22. Deciding and directing the implementation of the Ministry's administrative reform program in accordance with the goals and content of the State administrative reform program approved by the Government; the Prime Minister.

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. Managing organizational structures, staffing, cadres, civil servants, public officials, and employees; implementing salary systems and other policies and benefits for cadres, civil servants, public officials, and employees under its jurisdiction in accordance with the law;

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

26. Conducting inspections; conducting checks; resolving complaints and denunciations; preventing and combating corruption; practicing thrift and combating waste and dealing with violations in accordance with the law;

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

28. Performing other tasks and exercising other powers delegated by the Government,the Prime Minister, and as provided by law;

Article 3. Organizational Structure

1. Department of Social Insurance.

2. Department of Gender Equality.

3. Department of Legal Affairs.

4. International Cooperation Department.

5. Department of Organization and Cadres.

6. Department of Planning and Finance.

7. Inspection.

8. Office.

9. Employment Service Department.

10. Labor Relations and Wage Department.

11. Overseas Labor Management Department.

12. Occupational Safety and Health Bureau.

13. War Invalids Bureau.

14. Children's Department.

15. Social Assistance Department.

16. Social Evil Prevention Bureau.

17. Vocational Education and Training General Department.

18. Institute of Labor Science and Social Affairs.

19. Information Center.

20. Labor and Social Journal.

21. Family and Children Journal.

22. Labor and Social Newspaper.

23. Training and Capacity Building School for Labor and Social Officials.

Units specified from Clause 1 to Clause 17 of this Article are administrative units assisting the Minister in performing state management functions; units specified from Clause 18 to Clause 23 of this Article are public service units serving the state management functions of the ministry.

The Minister of Labor, Invalids, and Social Affairs shall submit to the Prime Minister for issuance of a decision on the functions, tasks, powers, and organizational structure of the General Department of Vocational Education.

The Minister of Labor, Invalids, and Social Affairs shall issue decisions on the functions, tasks, powers, and organizational structure of the Departments, Bureaus, Inspectorate, Office, public service units, and other units under the ministry as prescribed by law.

The Cadre and Civil Service Organization Department has three divisions. The Legal Department, International Cooperation Department, and Planning and Finance Department have four divisions each. The Inspectorate has seven divisions. The Office has ten divisions.

The Labor Relations and Wage Bureau; Social Assistance Bureau; Social Evil Prevention and Control Bureau have five divisions. The Employment Bureau; Occupational Safety and Health Bureau; Children's Bureau have six divisions. The Overseas Labor Management Bureau; War Veterans Bureau have seven divisions.

Article 4. Effective date

1. This Decree takes effect from the date of issuance.

2. This Decree replaces Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs; abolishes previous provisions that are contrary to this Decree.

Article 5. Responsibilities for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.