Decree No. 186/2007/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs

DECREE

Article 24||| Regulations on functions, tasks, powers, and organizational structure of B||| Llabor - Twar invalids and XAssociation

_________________________

THE GOVERNMENT

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

BASED ON Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

CONSIDERING the proposal of the Minister of Labor, Invalids, and Social Affairs and the Minister of Interior Affairs;,

DECREE:

Article 1. Position and Functions

The Ministry of Labor, Invalids, and Social Affairs is an agency of the Government, performing the function of state management in the fields of employment, vocational training, labor, wages, social insurance (compulsory social insurance, voluntary social insurance, unemployment insurance), occupational safety, persons with disabilities, social assistance, protection and care for children, gender equality, prevention and control of social evils (hereinafter referred to collectively as the labor, persons with disabilities, and social affairs fields) throughout the country; managing state services under its jurisdiction.

Article 2. Tasks and Powers

The Ministry of Labor, Invalids, and Social Affairs shall be responsible for implementing the tasks and powers prescribed in Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submitting draft laws and ordinances; draft resolutions and decrees of the Government within the annual legislative program of the Ministry approved by the Government; projects, programs, and other regulatory documents under the division of work assigned by the Government and the Prime Minister in the labor, persons with disabilities, and social affairs fields.

2. Submitting to the Prime Minister for approval strategies, plans, and programs in the long-term, five-year, and annual periods, national target programs, and important projects and programs under the Ministry's jurisdiction; draft decisions and directives and other documents within the Prime Minister’s authority to direct and manage.

3. Issuing decisions, directives, and circulars within the scope of state management of the Ministry; approving projects, programs, plans, and regulations within the Ministry's decision-making authority; guiding, inspecting, and being responsible for organizing the implementation of regulatory documents within the scope of state management of the Ministry.

4. Directing and organizing the dissemination, popularization, and education on laws within the scope of state management of the Ministry.

5. In the field of employment and unemployment insurance

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

b) Guiding mechanisms for implementing national target programs on employment according to the authority; within the scope of authority;

c) Specifying conditions, procedures for establishing and operating job introduction centers;

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

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

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

6. In the field of Vietnamese workers going abroad under contracts

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

b) Develop overseas labor markets;

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

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

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

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

g) Managing the Overseas Employment Support Fund.

7. In the field of vocational training

a) Organizing, directing, inspecting, and taking the lead in coordinating with relevant ministries and sectors to guide policies and systems for vocational training and learning;

b) Planning the network of vocational colleges, intermediate vocational schools, and vocational training centers according to authority; specifying conditions for establishing, organizing, and operating vocational training institutions; model charters for vocational colleges and intermediate vocational schools; model regulations for vocational training centers; standards for facilities and equipment for vocational training;

c) Specifying framework programs for vocational college and intermediate vocational school levels; lists of occupations for training; examination and graduation regulations; sample diplomas and certificates; regulations for issuing diplomas and certificates;

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

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

e) Deciding on the establishment of vocational colleges; recognizing the boards of directors and principals of private vocational colleges according to authority.

8. On the field of labor, wages, and salaries

a) Guiding the implementation of labor contracts, collective labor agreements, labor discipline, and material responsibility; guiding the resolution of labor disputes and strikes;

b) Guiding the implementation of minimum wage, wage, and salary systems for workers and managerial staff in state-owned enterprises; wage and salary systems in enterprises operating under the Enterprise Law and organizations and individuals employing workers as stipulated by the Labor Code;

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

d) Specifying principles and methods for setting labor norms, technical standards for workers, and professional standards for specialists in state-owned enterprises.

9. On mandatory social insurance and voluntary social insurance

a) Guiding and inspecting the implementation of strategies, systems, and policies on compulsory social insurance and voluntary social insurance as prescribed by law;

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

10. On the field of occupational safety

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

b) Coordinate with the Ministry of Health to stipulate and guide the implementation of the system of material allowances; issue the list of occupational diseases;

c) Issue the list of types of machines, equipment, materials with strict requirements for labor safety; personal protective equipment for workers; heavy, hazardous, dangerous, and particularly heavy, hazardous, dangerous work;

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

d) Stipulate and guide general procedures for registering and inspecting types of machines, equipment, and materials with strict requirements for labor safety;

e) Review for relevant ministries managing industries and sectors to issue inspection procedures for types of machines, equipment, and materials with strict requirements for labor safety; criteria and conditions for operation of inspection organizations;

g) Stipulate and guide the quality inspection of products and goods with special requirements for labor safety as prescribed by law;

h) Issue the national technical standards system on labor safety;

i) Take the lead and coordinate to guide and organize the implementation of the National Program on Labor Protection, Occupational Safety and Hygiene; the National Week on Occupational Safety and Hygiene and Fire Prevention;

k) Uniformly manage the declaration, investigation, statistics, and reporting on workplace accidents;

11. On the field of persons with meritorious service

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

b) Stipulate the allowance, quota, method of providing prosthetic limbs, orthopedic devices, and assistive devices for persons with meritorious service;

c) Coordinate with ministries, sectors, localities, political-social organizations to organize movements to repay debts of gratitude and manage the "Debt Repayment Fund";

d) Plan and guide the planning of martyrs' cemeteries and memorials;

đ) Stipulate the management of martyrs' cemeteries and memorials;

e) Guide and direct the reception, collection, and information dissemination about martyrs' graves;

12. On the field of social assistance

a) Guide the implementation of laws on poverty reduction and social assistance;

b) Organize and direct the implementation of the National Target Program on Poverty Reduction and social assistance programs according to their authority;

c) Plan and guide the planning of the network of social assistance facilities;

d) Stipulate the conditions for establishing, organizing, and operating social assistance facilities;

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

13. On the field of child protection and care

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

b) Stipulate the conditions for establishing, organizing, and operating child assistance facilities;

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

d) Take the lead and coordinate with ministries, sectors, localities, political-social organizations, and other organizations to implement the National Action Program for Children; Child Protection Programs, Care and Education Programs for Children in Special Circumstances, and other programs and plans regarding child protection, care, and education;

đ) Manage and use the Vietnam Child Welfare Fund;

14. On the field of prevention and control of social evils

a) Guide the implementation of laws on policies and measures to prevent social evils trade; prostitution; drug rehabilitation;

b) Plan and guide the planning of the network of social labor education facilities;

c) Stipulate the conditions for establishing, organizing, and operating social labor education facilities; issue and revoke permits for voluntary drug rehabilitation centers in accordance with the law;

d) Stipulate educational, vocational training, and community reintegration programs for prostitutes and drug addicts;

đ) Stipulate the procedures for admitting individuals into social labor education facilities;

15. On the field of gender equality

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.

16. On the management of public institutions in the service sector under the Ministry's jurisdiction

a) Issue professional and vocational standards for civil servant ranks within the sectors assigned and delegated to the Ministry after receiving the review opinion of the Ministry of Home Affairs; organize examinations for promotion to specialized civil servant ranks in accordance with the law;

b) Take the lead and coordinate with related ministries to issue classification and ranking criteria for public institutions in the labor, persons with meritorious service, and social sectors;

c) Issue staffing standards for state-owned public institutions in the sectors after coordinating with the Ministry of Home Affairs;

d) Issue economic and technical standards within the sectors;

đ) Coordinate with competent agencies to guide the self-management and responsibility mechanism of public organizations and public services in the labor, persons with meritorious service, and social sectors; guide the socialization policy for certain activities in the sector in accordance with the law;

e) Directly manage and guide subordinate public institutions under the Ministry to comply with state regulations;

17. Implement international cooperation in the fields of labor, persons with meritorious service, and social affairs;

18. Decide and direct the implementation of the Ministry's administrative reform program according to the State Administrative Reform Program approved by the Prime Minister;

19. Exercise the right to represent the state's capital share in enterprises with state capital under the Ministry's management in accordance with the law;

20. Manage state administration over the activities of associations and non-governmental organizations in the fields of labor, persons with meritorious service, and social affairs in accordance with the law;

21. Manage organizational structure, staffing, implement salary systems, and various incentive policies, appointments, dismissals, retirements, resignations, rewards, punishments, training, and development of cadres, civil servants, and civil servants at units under the Ministry in accordance with the law;

22. Conduct scientific research and apply scientific and technological progress in the fields of labor, persons with meritorious service, and social affairs;

23. Inspect, investigate, handle complaints, accusations, anti-corruption, and deal with violations in accordance with the law;

24. Provide professional guidance to state management agencies on labor, persons with meritorious service, and social affairs at the local level;

25. Manage finances, assets received, and organize the implementation of the state budget allocated in accordance with the law;

26. Perform other tasks as assigned by the Government and the Prime Minister;

Article 3. Organizational Structure

1. Department of Labor - Wages;

2. Department of Social Insurance.

3. International Cooperation Department.

4. Department of Gender Equality.

5. The Planning and Finance Division;

6. Legal Affairs Department.

7. Cadre and Civil Servant Organization Department.

8. Inspectorate.

9. Office.

10. Overseas Labor Management Agency.

11. Directorate of Occupational Safety and Health;

12. Directorate of Persons with Meritorious Service;

13. Social Evil Prevention and Control Agency.

14. Employment Agency.

15. Social Assistance Department.

16. Child Protection and Care Agency.

17. Vocational Training General Department.

18. Overseas Labor Management Boards;

19. Institute of Labor Science and Social Affairs;

20. Orthopedic Rehabilitation Institute.

21. the Information Center.

22. Labor and Social Affairs Magazine;

23. Labor and Social Affairs Newspaper;

24. Training and Refresher School for Labor and Social Cadres;

25. Vietnam Children's Welfare Fund;

Units from Clause 1 to Clause 18 of this Article are organizations assisting the Minister in state management, units from Clause 19 to Clause 25 of this Article are state-owned enterprises directly under the Ministry.

The Labour - Salary Department, International Cooperation Department, Legal Affairs Department, Planning - Finance Department, Cadre and Civil Servant Organization Department, Inspectorate, and Office shall be organized into divisions.

The Minister of Labour, Invalids and Social Affairs shall submit to the Prime Minister for approval: the functions, tasks, powers, and organizational structure of the Vocational Training General Department, permission to establish the Overseas Labour Management Board, issuance of the list of other state-owned organizations remaining under the Ministry.

Article 4. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette; it abolishes Decree No. 29/2003/NĐ-CP dated March 31, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labour, Invalids and Social Affairs, and previous regulations that conflict with this Decree.

Article 5. Responsibility for Implementation

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