Circular No. 16/2019/TT-BLDTBXH amending and supplementing certain Articles of Circular No. 14/2015/TT-BLDTBXH dated March 30, 2015 on inspectors, specialized inspection officials, and inspection collaborators in the Labor - Invalids and Social Affairs sector.

CIRCULAR

Amending and supplementing certain articles of Circular No. 14/2015/TT-BLDTBXH dated March 30, 2015 on inspectors, specialized inspection civil servants, and inspection cooperators in the Labor - Invalids and Social Affairs sector

Based on the Inspection Law dated November 15, 2010;

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

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. 101/2017/NĐ-CP dated September 1, 2017 of the Government on cadre, civil servant, and public official training;

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 110/2017/NĐ-CP dated October 4, 2017 stipulating the organization and operation of inspections in the Labor - Invalids and Social Affairs sector;

At the proposal of the Inspector General of the Ministry;

The Minister of Labor - Invalids and Social Affairs promulgates this Circular amending and supplementing certain articles of Circular No. 14/2015/TT-BLDTBXH dated March 30, 2015 stipulating inspectors, specialized inspection civil servants, and inspection cooperators in the Labor - Invalids and Social Affairs sector.

Article 1. Amending and supplementing certain articles of Circular No. 14/2015/TT-BLDTBXH dated March 30, 2015 stipulating inspectors, specialized inspection civil servants, and inspection cooperators in the Labor - Invalids and Social Affairs sector

1. Article 5 shall be amended as follows:

"Article 5. Inspection Specialization Training

1. The Labor - Social Work Training Institute shall take the lead and coordinate with the Ministry's Inspectorate and relevant agencies in compiling training programs and materials for inspection specialization training in the Labor - Invalids and Social Affairs sector. The Ministry's Inspectorate shall take the lead and coordinate with the Labor - Social Work Training Institute in developing and implementing plans for inspection specialization training in the Labor - Invalids and Social Affairs sector.

2. Civil servants participating in inspection specialization training shall be issued certificates according to prescribed models.

3. Funding for organizing inspection specialization training shall be allocated from the annual state budget estimate.

4. Funding for civil servants participating in inspection specialization training shall be paid by the agency they belong to."

2. Article 6 shall be amended as follows:

“Article 6. Conditions Ensuring Activities for Inspectors

1. Inspectors shall be equipped with work devices and means at their agencies in accordance with the provisions of the law. When on duty, inspectors conducting independent inspections or as part of inspection teams shall be provided with the following equipment and means to serve 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 equipment and technical means mentioned in Clause 1 of this Article, when conducting inspections and in cases of necessity, the inspection agency may use other means and techniques in accordance with the law. The Ministry's Inspectorate shall prepare a list of technical equipment for inspection activities and submit it to the Minister for approval.

3. Communication and information exchange means; reporting and exchanging professional matters

a) Inspectors conducting independent inspections or as part of inspection teams shall be guaranteed access to the internet during the performance of their official duties.

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

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.

5. Funding for the implementation of the contents stipulated in this Article shall be ensured from the annual state budget estimate of the Ministry's Inspectorate, Department of Labor - Invalids and Social Affairs, and other sources such as fines collected from administrative violations detected through inspections and checks, recovered funds already deposited into the state budget, and other funding sources as prescribed by law."

3. Article 7 shall be supplemented as follows:

"Article 7. Specialized Inspection Civil Servants

1. Specialized inspection civil servants in the Labor - Invalids and Social Affairs sector are civil servants within the establishment of the Vocational Education General Department, Overseas Labor Management Department, and Occupational Safety and Health Department, assigned tasks for specialized inspections pursuant to decisions made by the Director of the Vocational Education General Department, Director of the Overseas Labor Management Department, and Director of the Occupational Safety and Health Department.

2. The number of specialized inspection civil servants shall be determined by the Director of the Vocational Education General Department, Director of the Overseas Labor Management Department, and Director of the Occupational Safety and Health Department based on the requirements of the tasks, suitable positions, and within the total number of civil servant establishments granted by the competent authority."

4. Point b Clause 2 Article 8 shall be amended as follows:

"b) Hold a certificate of specialized inspection training."

5. Article 9 shall be amended as follows:

"Article 9. Tasks and Authorities of Specialized Inspection Civil Servants

Specialized inspection civil servants who are heads of inspection teams shall have tasks and authorities as stipulated in Article 53 of the Inspection Law. Specialized inspection civil servants who are members of inspection teams shall have tasks and authorities as stipulated in Article 54 of the Inspection Law and other provisions of specialized laws."

6. Article 10 shall be amended as follows:

“Article 10. Competence to Decide on Assigning Professional Inspectors

The Director of the General Department of Vocational Education, the Director of the Department of Overseas Labor Management, and the Director of the Department of Occupational Safety and Health shall decide on assigning professional inspectors under their direct management to perform specialized inspection tasks.

7. Article 11 is amended as follows:

Article 11. Procedures for Assigning Professional Inspectors

Civil servants under the General Department of Vocational Education, the Department of Overseas Labor Management, and the Department of Occupational Safety and Health who meet the criteria stipulated in Article 8 of this Circular shall be considered and selected by the Director of the General Department of Vocational Education, the Director of the Department of Overseas Labor Management, and the Director of the Department of Occupational Safety and Health to be assigned as professional inspectors according to the following procedures:

1. The department responsible for organizational and personnel matters shall prepare a dossier to submit to the Director of the General Department of Vocational Education, the Director of the Department of Overseas Labor Management, and the Director of the Department of Occupational Safety and Health for deciding on the assignment of professional inspectors.

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) Training certificate in inspection (copy);

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

e) Curriculum vitae according to Model 2C-BNV/2008 issued 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 Department of Vocational Education, the Director of the Department of Overseas Labor Management, and the Director of the Department of Occupational Safety and Health shall base on the report and dossier mentioned above to issue a decision on assigning civil servants to perform specialized inspection tasks.

8. Clause 2 of Article 12 is amended as follows:

"2. The Director of the General Department of Vocational Education, the Director of the Department of Overseas Labor Management, and the Director of the Department of Occupational Safety and Health shall be responsible for dispatching professional inspectors to attend training courses on inspection skills."

9. Article 13 is amended as follows:

"Article 13. Conditions Ensuring Activities for Professional Inspectors in Labor - War Invalids and Social Affairs

1. Professional inspectors shall be equipped with material facilities and working tools as prescribed in Article 6 of this Circular.

2. Professional inspectors shall be provided uniforms similar to those of inspectors, without insignia, shoulder boards, or rank badges.

3. The funds for implementing the contents prescribed in this Article shall be guaranteed from the annual state budget allocation of the agency assigned the function of specialized inspection, from fines collected through inspections and checks, recovered amounts discovered through inspection work already submitted to the state budget, and other sources of funding as prescribed by law."

10. Clause 3 of Article 14 is amended as follows:

"3. Card number:

Each professional inspector shall be issued 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;

- General Department of Vocational Education abbreviated as: TCGDNN;

- Department of Occupational Safety and Health abbreviated as: ATLĐ.

Example: A09-QLLĐNN.01, where: A09 is the code 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 professional inspector issued the card."

11. Point a Clause 1 of Article 16 is amended as follows:

"1. Forms of issuing cards

a) New issuance: when civil servants under the General Department of Vocational Education, the Department of Overseas Labor Management, and the Department of Occupational Safety and Health are assigned as professional inspectors."

12. Clause 2 of Article 17 is amended as follows:

"2. The General Department of Vocational Education, the Department of Overseas Labor Management, and the Department of Occupational Safety and Health shall be responsible for:

a) Receiving cards, directly issuing cards, and supervising the use of cards by professional inspectors under their management.

b) Collecting and submitting cards back to the Ministry (through the Ministry Inspectorate) when the cards of professional inspectors are revoked according to point d, clause 1, Article 16 of this Circular.

c) Proposing new issuance, reissuance, or replacement of cards according to this Circular."

Article 2. Responsibility for implementation

The Chief Inspector of the Ministry, the Director of the General Department of Vocational Education, the Director of the Department of Overseas Labor Management, the Director of the Department of Occupational Safety and Health, and the heads of agencies and units under the Ministry of Labor - War Invalids and Social Affairs, the Directors of Provincial Departments of Labor - War Invalids and Social Affairs, and the Chief Inspectors of Provincial Departments of Labor - War Invalids and Social Affairs of centrally governed cities and provinces, and relevant organizations, individuals have the responsibility to implement this Circular.

Article 3. Implementation Provisions

1. This Circular takes effect from December 15, 2019.

2. In case the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the provisions of the newly amended, supplemented, or replaced documents.

3. During implementation, if there are any difficulties, please promptly reflect them to the Ministry of Labor - War Invalids and Social Affairs for research, amendment, and supplementation./.