Decree No. 29/2003/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Labor, War Invalids and Social Affairs

DECREE

||| Regulations on functions, tasks, powers, and organizational structure of

Ministry of Labor, Invalids and Social Affairs

_____________________

THE GOVERNMENT

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

Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, the eleventh session, first meeting, listing the ministries and ministerial-level agencies of the Government;

Considering the proposal of the Head of the Cadre and Civil Service Department,

At the proposal of the Minister of Labor, Invalids and Social Affairs and the Minister of Interior.

DECREE:

Article 1. Position and Functions

The Ministry of Labor, Invalids and Social Affairs is an agency of the Government, performing state management functions over labor, employment, occupational safety, vocational training, policies for invalids, martyrs, and those who have rendered meritorious service, social assistance, and prevention of social evils (collectively referred to as labor, invalids, and social affairs) throughout the country; managing state services and representing the State's ownership interest in enterprises with state capital under the Ministry's jurisdiction in accordance with the law.

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 performs tasks and powers as prescribed in Decree No. 86/2002/NĐ-CP dated November 5, 2002 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, ordinances, and regulatory legal documents of the Government and the Prime Minister on labor, invalids, and social affairs to the Government and the Prime Minister.

2. Submitting strategies, plans for development, long-term, five-year, and annual plans on the field of labor, invalids, and social affairs, and important programs and projects of the Ministry to the Government and the Prime Minister.

3. Issuing decisions, directives, circulars within the scope of the Ministry's state management.

4. Directing, guiding, inspecting, and being responsible for implementing regulatory legal documents, strategies, plans, and programs approved concerning labor, invalids, and social affairs; disseminating information, promoting, and educating the law within the scope of state management of the Ministry.

5. On labor and employment:

a) Taking the lead and coordinating with relevant agencies to build and submit to the Government and the Prime Minister:

Labor policies, wage policies, and social insurance in the production and business sector;

Employment policies, export labor and expert policies, and foreign workers working in Vietnam, and some other labor relations;

National employment program and fund, national unemployment benefit fund, new job creation targets in the national socio-economic development plan;

Conditions and procedures for establishing and operating employment agencies;

b) Uniformly managing the export of labor and experts; issuing and revoking permits for exporting labor and experts.

6. On occupational safety:

a) Taking the lead and coordinating with relevant ministries and agencies to submit to the Government and the Prime Minister:

Policies and systems for labor protection, working conditions; personal protective equipment for workers; compensation for work-related accidents and occupational diseases; working hours and rest periods;

National program on labor protection, occupational safety, and hygiene;

Occupational safety standards and regulations;

b) Issuing lists of heavy, hazardous, and particularly heavy, hazardous jobs; lists of machines, equipment, materials, and substances with strict requirements for occupational safety; regulations and guidelines for registering and inspecting such machines, equipment, materials, and substances according to the Labor Code;

c) Coordinating with the Ministry of Health to issue lists of occupational diseases;

d) Uniformly managing the reporting, investigation, and statistical reporting of work-related accidents.

7. On vocational training:

a) Submitting to the Government and the Prime Minister:

Policies and systems for vocational training and learning;

Regulations on conditions and procedures for establishing vocational training institutions; teacher standards for vocational training;

Plan for the network of vocational training institutions;

b) Issuing model bylaws for vocational training institutions;

c) Uniformly managing vocational skill levels, training occupations; training programs, contents, and methods; examination rules, issuance of various certificates and diplomas; training and upgrading teachers and managers of vocational training institutions; evaluating the quality of vocational training;

d) Taking the lead and coordinating with relevant ministries and sectors in directing and inspecting the activities of vocational training institutions.

8. On invalids, martyrs, and those who have rendered meritorious service:

a) Submitting to the Government and the Prime Minister:

Preferential policies for revolutionary activists, martyrs, families of martyrs, invalids, war invalids, anti-war activists, and those who have helped the revolution;

Planning and collecting graves, martyrs' cemeteries, memorials, and commemorative works for martyrs;

b) Directing and inspecting the care and rehabilitation of invalids, war invalids, and those who have rendered meritorious service; providing prosthetic limbs, orthopedic devices, and other assistive devices for invalids, war invalids, and those who have rendered meritorious service.

9. On social assistance:

a) Submitting to the Government and the Prime Minister:

Policies for poverty alleviation, social relief, and social support;

National Program on Eradicating Poverty;

Planning the network of social welfare facilities; organization and operation of social welfare facilities;

b) Directing and inspecting the implementation of policies to eradicate poverty; social relief and assistance for disabled persons, orphans, vagrant children, destitute elderly people without support, victims of natural disasters, floods, and war casualties;

10. On preventing and combating social evils:

a) Submitting to the Government and the Prime Minister:

Policies and measures to prevent prostitution and drug addiction; organization and operation of treatment and rehabilitation facilities;

Planning the network of treatment and rehabilitation facilities for drug users;

b) Directing and inspecting the implementation of treatment, rehabilitation, education, vocational training, job creation, and community reintegration programs for prostitutes and drug addicts;

11. Implement international cooperation in the field of labor, veterans, and social affairs in accordance with the provisions of the law;

12. Organizing and directing the implementation of scientific research plans, application of scientific and technological progress in the field of labor, veterans, and social affairs;

13. Deciding specific policies and measures and directing the implementation of operational mechanisms of public service organizations and services in the field of labor, veterans, and social affairs in accordance with the provisions of the law; managing and directing activities of public service organizations under the Ministry;

14. Performing specific tasks and exercising powers related to representing state ownership interests in state-owned enterprises managed by the Ministry in accordance with the provisions of the law;

15. Managing state activities concerning the operations of associations and non-governmental organizations in the field of labor, veterans, and social affairs in accordance with the provisions of the law;

16. Inspecting, checking, handling complaints and denunciations; combating corruption and malpractice and dealing with violations within the scope of labor, veterans, and social affairs;

17. Deciding and directing the implementation of the Ministry's administrative reform program according to the goals and content of the State administrative reform program approved by the Prime Minister;

18. Managing organizational structure and staffing; directing the implementation of salary systems and incentive policies, rewards, and disciplinary actions; organizing training, development, and building a cadre of civil servants, public officials, and state employees within the scope of authority. Providing guidance on professional matters to provincial-level state management agencies in the field of labor, veterans, and social affairs;

19. To manage financial resources and assets assigned, and to organize the implementation of the budget allocated in accordance with the provisions of the law;

Article 3. Organizational Structure of the Ministry

a) Organizations assisting the Minister in performing state management functions:

1. Department of Labor - Employment;

2. Department of Wages - Remuneration;

3. Department of Social Insurance;

4. Department of Social Assistance;

5. Legal Affairs Department;

6. International Cooperation Department;

7. Department of Planning and Finance;

8. Cadre and Civil Servant Affairs Department;

9. Overseas Labor Management Bureau;

10. Occupational Safety and Health Bureau;

11. Veterans and War Invalids Bureau;

12. Bureau for Prevention and Combating Social Evils;

13. Vocational Training General Administration;

14. Inspectorate;

15. Office.

b) Scientific and technological organizations under the Ministry:

1. Institute of Labor Science and Social Affairs;

2. Institute of Orthopedics and Rehabilitation Science;

3. Computing Center;

4. Labor and Social Affairs Newspaper;

5. Labor and Social Affairs Magazine;

The Minister of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Minister of Home Affairs to develop a plan for restructuring existing public service units to be submitted to the Prime Minister for decision in 2003;

Article 4. Effective date

This Decree takes effect fifteen days from the date of publication in the Official Gazette. The Government Decree No. 96/CP dated December 7, 1993 on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs and previous regulations contrary to this Decree are hereby repealed;

Article 5. Responsibilities for Implementation

The Minister of Labor, Invalids, and Social Affairs, Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree.