Decision No. 199/2005/QD-BLDTBXH Regarding the issuance of the Interim Regulation on State Labor Inspection Activities under the Inspector-in-Charge System

 

Pursuant to …;

Regarding the issuance of the temporary regulations on state labor inspection activities under the system of labor inspectors responsible for regions

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

WHEREAS, the Labor Code dated June 23, 1994, and the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 12, 2002;

Pursuant to the Inspection Law dated June 15, 2004;

On the basis of Decree No. 29/2003/ND-CP of the Government dated March 31, 2003, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor-Social Affairs and Social Security;

On the basis of Decision No. 101/QD-BLDTBX dated January 31, 2005 of the Minister of Labor-Social Affairs and Social Security approving the project to reform the mechanism of state labor inspection activities;

The Minister of Public Security issues this Circular to provide for the handling, resolution of complaints and management of complaint resolution work in the People's Public Security.

DECISION:

Article 1. Attached herewith is the "Temporary Regulations on State Labor Inspection Activities Under the System of Labor Inspectors Responsible for Regions"

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Heads of the Ministry's Office, the Heads of the Ministry's Inspectorate, the Directors of Provincial Departments of Labor-Social Affairs and Social Security, the heads of units and individuals concerned shall be responsible for implementing this Decision.

 

 

REGULATIONS

TEMPORARY REGULATIONS ON STATE LABOR INSPECTION ACTIVITIES UNDER THE SYSTEM OF LABOR INSPECTORS RESPONSIBLE FOR REGIONS
(Attached to Decision No. 199/2005/QD-BLDTBX dated March 7, 2005 of the Minister of Labor-Social Affairs and Social Security)

Chapter 1:
GENERAL PROVISIONS

Article 1. Scope of Regulation

These Regulations prescribe the tasks, powers, and organizational mechanisms of labor inspectors responsible for regions; the cooperative relationships between labor inspectors responsible for regions, labor inspection agencies under the Ministry of Labor-Social Affairs and Social Security, provincial departments of labor-social affairs and social security, and other relevant agencies and organizations involved in labor inspection activities.

Article 2. Applicability

These Regulations apply to the following organizations and individuals:

1. The Ministry of Labor-Social Affairs and Social Security Inspectorate (hereinafter referred to as the Ministry Inspectorate), the Head of the Ministry of Labor-Social Affairs and Social Security Inspectorate (hereinafter referred to as the Head of the Ministry Inspectorate);

2. The Director of the Provincial Department of Labor-Social Affairs and Social Security (hereinafter referred to as the Director of the Provincial Department), the Provincial Department of Labor-Social Affairs and Social Security Inspectorate (hereinafter referred to as the Provincial Inspectorate), the Head of the Provincial Department of Labor-Social Affairs and Social Security Inspectorate (hereinafter referred to as the Head of the Provincial Inspectorate);

3. Labor inspectors assigned responsibility for regions;

4. The objects specified in Article 2 and Article 3 of the Labor Code.

Article 3. Explanation of Terms

In these Regulations, the following terms are understood as follows:

1. State labor inspection activities under the system of labor inspectors responsible for regions refer to the period during which labor inspectors under state labor inspection conduct inspections and checks on the implementation of labor laws and related matters concerning labor inspection work within the region they are responsible for.

2. Region means national territory divided according to administrative boundaries comprising several provinces and centrally governed cities...

3. Labor inspector responsible for regions refers to a labor inspector under the Ministry Inspectorate who is assigned to oversee, manage, and carry out labor inspection work in a specific region.

Chapter 2:
TASKS, POWERS, AND RESPONSIBILITIES OF LABOR INSPECTORS RESPONSIBLE FOR REGIONS

Article 4. Tasks and Powers

In addition to the tasks and powers prescribed in Articles 186 and 187 of the Labor Code; Articles 49 and 50 of the Law on Inspection, labor inspectors responsible for regions also have the following tasks and powers:

1. Monitor the implementation of labor laws at enterprises of various types within the region they are responsible for, particularly enterprises with frequent risks of labor accidents; enterprises with many heavy, hazardous, and extremely heavy, hazardous industries, and from that propose appropriate inspection plans and methods to the Head of the Ministry Inspectorate for consideration and decision.

2. Monitor and coordinate investigations of labor accidents within the region they are responsible for and report to the Ministry of Labor-Social Affairs and Social Security in accordance with labor laws.

3. Guide enterprises and production and business establishments to fill out Self-inspection Forms on the Implementation of Labor Laws; collect, analyze, and evaluate Self-inspection Forms on the Implementation of Labor Laws, based on which request enterprises to take measures to rectify deficiencies and shortcomings or handle, recommend handling violations of the law.

4. Advise and assist enterprises, organizations, and individuals employing workers under labor contracts regarding compliance with labor law provisions, disseminate and popularize labor laws among workers, and guide measures to prevent violations of labor laws, reduce labor accidents, and occupational diseases.

Article 5. Responsibilities

The labor inspector responsible for the region shall be accountable to the Inspector General of the Ministry of Labor regarding the inspection and supervision of the implementation of labor laws at enterprises, organizations, and individuals employing workers under labor contracts.

Guide, monitor, supervise, and handle any issues arising from the implementation of the temporary regulations on self-inspection of labor law compliance.

Chapter 3:
ORGANIZATION AND OPERATING MECHANISM OF REGIONAL RESPONSIBLE INSPECTORS

Article 6. Organization of regional responsible inspectors

Regional responsible inspectors under the Ministry's Inspectorate are appointed by the Inspector General of the Ministry to oversee a number of provinces and centrally governed cities. The number of provinces and centrally governed cities within a region is decided by the Minister of Labor, War Invalids, and Social Affairs.

Article 7. Activities of the Inspector General of the Ministry

1. Develop annual and five-year programs, plans, and tasks related to labor inspections by regions nationwide, submit them to the Minister of Labor, War Invalids, and Social Affairs for approval; implement approved programs and plans; summarize and report to the Minister of Labor, War Invalids, and Social Affairs on the activities of regional responsible inspectors.

2. Manage and divide inspection areas nationwide, submit them to the Minister of Labor, War Invalids, and Social Affairs for approval. Report quarterly, semi-annually, and annually to the Minister of Labor, War Invalids, and Social Affairs on the results of compiling and handling inspection recommendations and supervisions.

3. Direct and guide provincial inspectors to carry out inspection and supervision activities locally; promptly address complaints from regional responsible inspectors; monitor the implementation of inspection conclusions, recommendations, and decisions made by regional responsible inspectors. When necessary, supplement, suspend the execution of duties, or change regional responsible inspectors.

4. Develop training programs and organize training to enhance the inspection capabilities of regional responsible inspectors nationwide.

5. Recommend amendments and supplements to labor policies and laws.

6. Resolve complaints and reports related to regional responsible inspectors according to the provisions of the law.

Article 8. Activities of the Provincial Inspector General

1. Develop annual programs, plans, and tasks related to labor inspections in the locality, submit them to the Director of the Department for approval; implement approved programs and plans; summarize and report on labor inspection activities in the locality.

2. Manage and direct labor inspections and supervisions in the province after seeking the Director of the Department's opinion and appointing inspectors to oversee enterprises.

3. Promptly resolve requests from inspectors; monitor the implementation of inspection recommendations and decisions made by inspectors.

4. Appoint inspectors to participate in training programs organized by the Ministry's Inspectorate to improve their knowledge and inspection capabilities.

5. Recommend amendments and supplements to labor policies and laws.

6. Guide and advise enterprises on implementing labor laws, develop safety measures to reduce workplace accidents and occupational diseases.

7. Resolve labor-related complaints and reports according to the provisions of the law.

Article 9. Activities of Regional Inspector

1. Develop inspection programs and plans for the assigned region to submit to the Chief Inspector of the Ministry for the preparation of the overall plan to be submitted to the Minister for approval.

2. Based on the annual and five-year labor inspection plans of the Ministry's Inspectorate that have been approved, coordinate with the Chief Inspector of the Department, inspectors under the Department's Inspectorate, or within their authority, carry out inspections according to the assigned region.

3. Report the results of inspections and checks to the Chief Inspector of the Ministry.

4. Monitor and report the implementation of labor laws in the assigned region to the Chief Inspector of the Ministry; propose amendments and supplements to policies and laws.

5. Coordinate with relevant functional agencies in the assigned region in conducting inspections and checks on the implementation of labor laws.

6. Propose to the Director of the Department in charge of directing the implementation of labor laws at the local level in the assigned region.

7. Provide professional guidance and training to inspectors in the assigned region.

8. Advise enterprises in the assigned region on implementing labor laws and measures to ensure workplace safety and hygiene.

9. Organize the dissemination of labor laws to workers and employers.

10. Resolve complaints and reports regarding labor matters within the jurisdiction of the assigned region.

11. Regional Inspectors will rotate among regions every three years to ensure relative stability, while also ensuring fairness and transparency in regional inspections.

Article 10. Activities of Inspectors Managed by the Department

1. Monitor enterprises assigned to them; develop inspection and check programs and plans to submit to the Chief Inspector of the Department for the preparation of the overall plan to be submitted to the Department Leadership for approval in accordance with the Ministry's Inspectorate guidance on inspection work.

2. Based on the annual inspection plan of the Department's Inspectorate that has been approved, coordinate with the Regional Inspector managed by the Ministry or within their authority, conduct inspections of enterprises assigned to them.

3. Report the results of inspections and checks to the Chief Inspector of the Department.

4. Monitor and report the implementation of labor laws at enterprises assigned to them to the Chief Inspector of the Department and the Regional Inspector in the locality. Propose amendments and supplements to labor policies and laws.

5. Coordinate with relevant functional agencies to implement inspection and check work on the implementation of labor laws.

6. Propose to the Director of the Department in directing the implementation of labor laws at the local level.

7. Advise and guide enterprises on implementing labor laws and measures to ensure workplace safety and hygiene.

8. Resolve complaints and reports regarding labor matters within their jurisdiction.

Chapter 4:
RELATIONSHIPS IN WORK

Article 11. Chief Inspector of the Ministry

Coordinate with the Department Director to unify management objectives, develop program and work plans; organize and supervise the implementation of annual and five-year regional inspection plans; unify the assessment of labor law implementation in the region.

Article 12. Department Director

Coordinate with the Chief Inspector of the Ministry to unify management objectives, develop program and work plans; organize and supervise the implementation of the Department's Inspectorate annual plan.

Report to the Minister of Labor, Invalids and Social Affairs on inspection activities in the locality.

Direct the Chief Inspector of the Department to implement the approved inspection program and plan.

Article 13. Director of the Department's Inspectorate

Coordinates with regional inspectors to establish inspection and supervision programs and plans to unify the organization and oversee the implementation of annual inspection plans within the province.

Directs and implements inspection and supervision activities at the local level according to approved plans.

Bears responsibility and reports to the Department Director, Director of the Ministry's Inspectorate (through the regional inspector) on the situation regarding the implementation of inspection and supervision activities at the local level under their jurisdiction.

Article 14. Regional Inspectors

Directly manages and monitors inspection activities within the assigned region, and conducts inspections and supervision according to established programs or plans, or on an ad hoc basis when necessary.

Cooperates with the Department's Inspectorate Director within the assigned region in evaluating the implementation of labor laws by enterprises at the local level.

Receives information and reports from regions under their responsibility, compiles them, and reports to the Director of the Ministry's Inspectorate.

Article 15. Inspectors Managed by the Department

Conducts inspections and supervision according to approved programs or plans, or on an ad hoc basis when necessary.

Receives information and reports from enterprises, compiles them, and reports to the Department's Inspectorate Director.

Article 16. Related Agencies

Related agencies have the responsibility to cooperate and assign personnel to participate in labor inspections upon request of the inspection organization or regional inspectors as stipulated by law.

Chapter 5:
IMPLEMENTATION

Article 17. Dissemination, Guidance, and Implementation

The Director of the Ministry's Inspectorate, the Department Director, and the Regional Inspectors are responsible for disseminating, guiding, implementing, and organizing the execution of this Regulation. During the implementation process, if there are difficulties or new issues arise, they should propose recommendations to the Minister of Labor, Invalids, and Social Affairs to amend and supplement this Regulation to align with reality and current legal provisions.