Decree No. 31/2006/NĐ-CP On the organization and operation of the Labor - War Invalids and Social Affairs Inspectorate

DECREE

On the organization and operation of the Labor - War Invalids and Social Affairs Inspectorate

THE GOVERNMENT

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

Pursuant to the Inspection Law dated June 15, 2004;

Pursuant to the Administrative Violation Handling Ordinance dated July 2, 2002;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Position and Functions

The Labor - War Invalids and Social Affairs Inspectorate is an inspection body under the labor, war invalids, and social affairs sector; at the central level, there is the Ministry of Labor - War Invalids and Social Affairs Inspectorate. The Vocational Training General Inspectorate; at provincial and centrally governed city levels, there is the Department of Labor - War Invalids and Social Affairs Inspectorate, performing administrative inspection and specialized inspection functions concerning labor, war invalids, and social affairs within the scope of state management as prescribed by law.

Article 2. Inspection Objects

1. Agencies, organizations, and individuals directly managed by state agencies responsible for labor, war invalids, and social affairs.

2. Agencies, organizations, and individuals employing labor as stipulated by the Labor Code.

3. Agencies, organizations, and individuals participating in vocational training activities, war veterans, and social activities nationwide.

4. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from this Decree, such international treaties shall be applied.

Article 3. Principles of Operation

1. Activities of the Labor - War Invalids and Social Affairs Inspectorate must comply with the law; ensuring accuracy, objectivity, truthfulness, transparency, democracy, and timeliness; not hindering the normal operations of inspected agencies, organizations, and individuals.

2. When conducting inspections, the decision-making authority, Chief Inspector, Head of Inspection Team, Inspectors, and members of the Inspection Team must implement regulations on inspection work laws and other relevant laws and bear responsibility for their actions and decisions.

Article 4. Work Relationships

1. The Labor - War Invalids and Social Affairs Inspectorate operates under the direct management and guidance of the head of the state agency responsible for labor, war invalids, and social affairs, and receives guidance on inspection work, organization, and inspection procedures from higher-level inspection bodies as provided by law.

a) The Ministry Inspectorate is subject to the leadership and direct guidance of the Minister of Labor - War Invalids and Social Affairs, while also receiving guidance on inspection work, organization, and inspection procedures from the Government Inspectorate as prescribed by law;

b) The Vocational Training General Inspectorate is subject to the leadership and direct guidance of the Director of the Vocational Training General Administration, while also receiving guidance on administrative inspection and specialized inspection procedures from the Ministry Inspectorate;

c) The Department Inspectorate is subject to the leadership and direct guidance of the Department Director of Labor - War Invalids and Social Affairs (hereinafter referred to as the Department Director), while also receiving guidance on administrative inspection work from the provincial inspectorate and guidance on specialized inspection procedures from the Ministry Inspectorate.

2. The Labor - War Invalids and Social Affairs Inspectorate collaborates with the Inspectorates of Ministries, ministerial-level agencies, government agencies, and other local agencies during the inspection process concerning labor, war invalids, and social affairs issues to avoid overlap and enhance the effectiveness of inspections, supervision, prevention, and handling of violations of the law.

Chapter II

ORGANIZATION, TASKS AND POWERS

OF THE LABOR - WAR INVALIDS AND SOCIAL AFFAIRS INSPECTORATE

Article 5. Organization of the Labor - War Invalids and Social Affairs Inspectorate

1. The Ministry of Labor - War Invalids and Social Affairs has the Ministry Inspectorate (hereinafter referred to as the Ministry Inspectorate) and the Inspectorate of the General Department of Vocational Training.

2. The Department of Labor - War Invalids and Social Affairs of provinces and centrally governed cities has the Department Inspectorate (hereinafter referred to as the Department Inspectorate).

3. The inspectorates prescribed in Clause 1 and Clause 2 of this Article shall have their own seals and separate bank accounts.

Article 6. Organization of the Ministry Inspectorate

1. The Ministry Inspectorate is an agency of the Ministry of Labor - War Invalids and Social Affairs assisting the Minister in state management of inspection work and performing administrative inspection functions with respect to agencies, organizations, and individuals under the Minister's jurisdiction regarding the implementation of policies, laws, and tasks of units; specialized inspections with respect to agencies, organizations, and individuals operating in the labor, war invalids, and social affairs sector throughout the country.

2. The Ministry Inspectorate consists of the Chief Inspector, Deputy Chief Inspectors, and Inspectors. The appointment, dismissal, and removal of the Chief Inspector, Deputy Chief Inspectors, and Inspectors shall be carried out in accordance with the provisions of the law.

3. The Ministry Inspectorate shall be organized into departments; the Minister of Labor - War Invalids and Social Affairs shall specify in detail the duties, powers, organizational structure, and staffing of the Ministry Inspectorate.

Article 7. Organization of the Inspectorate of the General Department of Vocational Training

1. The Inspectorate of the General Department of Vocational Training is an agency of the General Department of Vocational Training; it performs administrative inspection and specialized inspection functions within the scope of state management of the General Department of Vocational Training.

2. The Inspectorate of the General Department of Vocational Training consists of the Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief Inspector of the General Department of Vocational Training shall be appointed, dismissed, or removed from office by the Minister of Labor - War Invalids and Social Affairs upon the proposal of the Director of the General Department of Vocational Training, after reaching consensus with the Chief Inspector of the Ministry.

The appointment, dismissal, or removal of Deputy Chief Inspectors of the General Department of Vocational Training shall be carried out in accordance with the provisions of the law and the regulations on cadre management.

The appointment, dismissal of the position of Inspector shall be carried out in accordance with the provisions of the law.

Article 8. Organization of the Department Inspectorate

1. The Department Inspectorate is an agency of the Department of Labor - War Invalids and Social Affairs assisting the Director of the Department in performing administrative inspection functions with respect to agencies, organizations, and individuals under the Director's jurisdiction regarding the implementation of policies, laws, and tasks of units; specialized inspections with respect to agencies, organizations, and individuals operating in the labor, war invalids, and social affairs sector within the province or centrally governed city.

2. The Department Inspectorate consists of the Chief Inspector, Deputy Chief Inspectors, and Inspectors. The appointment, dismissal, and removal of the Chief Inspector, Deputy Chief Inspectors, and Inspectors shall be carried out in accordance with the provisions of the law.

3. The Director of the Department shall specify in detail the functions, duties, powers, and staffing of the Department Inspectorate.

Article 9. Tasks and Authorities of the Inspectorate of the Ministry

1. Take the lead or participate in drafting normative legal documents according to the division of labor assigned by the Minister of Labor - War Invalids and Social Affairs; propose competent authorities to amend, supplement, or promulgate normative legal documents in line with the requirements for state management over labor, war invalids, and social affairs.

2. Inspect the implementation of policies, laws, and tasks by agencies, organizations, and individuals under the jurisdiction of the Minister of Labor - War Invalids and Social Affairs.

3. Inspect the implementation of policies and laws in the labor, war invalids, and social affairs sector by agencies, organizations, and individuals throughout the country.

4. Impose administrative penalties in the field of labor, war invalids, and social affairs.

5. Propose competent authorities to suspend illegal acts of agencies, organizations, and individuals; propose revocation of decisions contrary to the law on labor, war invalids, and social affairs when there is sufficient evidence that such acts in those decisions cause damage to the interests of the State, the rights and legitimate interests of citizens.

6. Assist the Minister of Labor - War Invalids and Social Affairs in organizing citizen reception, handling complaints and denunciations in accordance with the law.

7. Perform anti-corruption prevention and combat tasks in the field of labor, war invalids, and social affairs in accordance with the law on anti-corruption.

8. Guide and train inspection administrative and specialized skills for the Inspectorate of the General Department of Vocational Training; guide and inspect units under the Ministry to implement legal provisions on inspection work and complaint resolution.

9. Summarize, report to the Minister of Labor - War Invalids and Social Affairs and the General Inspector on inspection work, complaint resolution, anti-corruption efforts within the scope of state management of the Ministry of Labor - War Invalids and Social Affairs in accordance with the law; summarize experience and inspection skills in labor, war invalids, and social affairs.

10. Carry out international cooperation tasks in the field of inspection.

11. Perform other tasks and powers as stipulated by law or assigned by the Minister of Labor - War Invalids and Social Affairs.

Article 10. Tasks and Authorities of the Chief Inspector of the Ministry

1. Lead and direct administrative inspection work with respect to agencies, organizations, and individuals under the jurisdiction of the Minister; specialized inspection work in the labor, war invalids, and social affairs sector.

2. Develop inspection programs and plans to submit to the Minister of Labor - War Invalids and Social Affairs for decision and organize their implementation.

3. Submit to the Minister of Labor - War Invalids and Social Affairs for decision on conducting inspections when signs of violation of laws on labor, war invalids, and social affairs are discovered.

4. Impose administrative penalties in the field of labor, war invalids, and social affairs in accordance with the law.

5. Propose the Minister of Labor - War Invalids and Social Affairs to consider responsibility and handle persons who violate laws on labor, war invalids, and social affairs under his jurisdiction; coordinate with heads of agencies and organizations in considering responsibility and handling persons who violate laws under their jurisdiction.

6. Submit to the Minister of Labor, Invalids and Social Affairs for decision or decide within their authority on the establishment of inspection teams, appointment of inspectors, and summoning of inspection collaborators to carry out inspection tasks as prescribed by law.

7. Recommend to the Minister of Labor, Invalids and Social Affairs within their authority or advise the Minister to coordinate with the Chairman of the People's Committee of provinces and centrally governed cities to handle overlapping and duplicate programs, plans, and contents of labor, invalids, and social affairs inspections at provincial and centrally governed city levels.

8. Recommend to the Minister of Labor, Invalids and Social Affairs to temporarily suspend the enforcement of decisions made by agencies and organizations directly under the Minister's management when there is evidence that such decisions contravene the law or hinder inspection activities.

9. Recommend to the Minister of Labor, Invalids and Social Affairs to handle and resolve inspection-related matters within their authority.

10. Report to the Minister of Labor, Invalids and Social Affairs and the General Inspector on inspection work, complaint and denunciation resolution, citizen reception, and anti-corruption efforts within their scope of responsibility.

11. Perform other tasks as prescribed by law or assigned by the Minister of Labor, Invalids and Social Affairs.

Article 11. Tasks and Authorities of the Inspectorate of the Vocational Training Administration

1. Inspect the implementation of policies, laws, and tasks of agencies, organizations, and individuals under the management of the Director of the Vocational Training Administration.

2. Inspect compliance with laws in the vocational training sector by agencies, organizations, and individuals nationwide.

3. Impose administrative penalties in the vocational training sector according to the provisions of law.

4. Recommend to competent state management agencies to suspend the enforcement or revoke regulations found to be contrary to normative legal documents through the inspection activities of the Inspectorate of the Vocational Training Administration.

5. Assist the Director of the Vocational Training Administration in guiding, directing, and implementing tasks related to complaint and denunciation resolution within the Director's authority as prescribed by law on complaints and denunciations.

6. Assist the Director of the Vocational Training Administration in guiding, directing, and implementing tasks related to anti-corruption within the scope of state management of the Director of the Vocational Training Administration as prescribed by law on anti-corruption.

7. Monitor, urge, and inspect the implementation of conclusions, recommendations, and decisions on handling inspections issued by the Inspectorate of the Vocational Training Administration.

8. Compile and report on inspection results, complaint and denunciation resolution, and anti-corruption efforts within the scope of state management of the Vocational Training Administration as prescribed.

9. Guide and inspect subordinate units and organizations under the Vocational Training Administration in implementing legal provisions on inspection work.

10. Summarize experience and inspection practices in the sectors under the jurisdiction of the Inspectorate of the Vocational Training Administration.

11. Perform other tasks and authorities as prescribed by law or assigned by the Director of the Vocational Training Administration.

Article 12. Duties and Authorities of the Inspector General of the Vocational Training General Department

1. Lead and direct inspection work within the scope of state management of the Inspectorate of the Vocational Training General Department.

2. Develop inspection programs and plans to submit to the competent authority for decision-making and organize their implementation after approval.

3. Submit to the Director of the Vocational Training General Department for decision on conducting inspections when violations of vocational training laws are discovered.

4. Recommend to the Director of the Vocational Training General Department to temporarily suspend the execution of decisions made by organizations and individuals under the management authority of the Director of the Vocational Training General Department upon discovering signs of law violations.

5. Administer administrative penalties in accordance with the provisions of the law.

6. Recommend to the Director of the Vocational Training General Department to consider responsibility and handle individuals who violate laws within the management authority of the Director of the Vocational Training General Department; cooperate with heads of agencies and organizations in considering responsibility and handling individuals who violate laws within the management authority of those agencies and organizations.

7. Submit to the Director of the Vocational Training General Department for decision or decide within his authority on the establishment of Inspection Teams, appointment of Inspectors, and summoning of Inspection Collaborators to perform inspection tasks as prescribed by law.

8. Recommend to the Director of the Vocational Training General Department and the Inspector General of the Ministry to process and resolve matters related to inspection work within their authority.

9. Report to the Director of the Vocational Training General Department and the Inspector General of the Ministry on inspection work within the scope of his responsibility.

10. Perform other tasks as prescribed by law or assigned by the Director of the Vocational Training General Department and the Inspector General of the Ministry.

Article 13. Duties and Authorities of the Inspector of the Department

1. Inspect the implementation of policies, laws, and tasks of agencies, organizations, and individuals directly managed by the Department Director.

2. Inspect the implementation of labor, war invalids, and social policies by agencies, organizations, and individuals within the province or centrally-administered city.

3. Assist the Department Director in organizing citizen reception, handling complaints and denunciations according to the provisions of the law.

4. Impose administrative penalties in the field of labor, war invalids, and social affairs.

5. Recommend to the competent authority to stop illegal actions; recommend revoking labor, war invalids, and social decisions that are contrary to the law of agencies, organizations, and individuals if there is sufficient evidence that such actions or decisions cause damage to national interests and the legitimate rights and interests of citizens during the inspection process.

6. Carry out anti-corruption tasks in the field of labor, war invalids, and social affairs according to the provisions of the law on anti-corruption.

7. Guide and inspect units under the Department in implementing regulations on inspection work and complaint resolution.

8. Summarize and report on inspection work, complaint resolution, and anti-corruption efforts within the scope of the Department's state management according to the provisions.

9. Perform other duties and authorities as prescribed by law or assigned by the Department Director.

Article 14. Duties and Authorities of the Inspector General of the Department

1. Lead and direct administrative inspection work for agencies, organizations, and individuals directly managed by the Department Director, and specialized inspection work in the field of labor, war invalids, and social affairs.

2. Develop inspection programs and plans to submit to the Department Director for decision-making and organize their implementation.

3. Submit to the Department Director for decision on conducting inspections when signs of violations of labor, war invalids, and social laws are discovered.

4. Impose administrative penalties in the field of labor, war invalids, and social affairs in accordance with the law.

5. Recommend the Department Director to consider responsibility and handle individuals who violate labor, war invalids, and social laws within the management authority of the Department Director; cooperate with heads of agencies and organizations in considering responsibility and handling individuals who violate laws within the management authority of those agencies and organizations.

6. Submit to the Department Director for decision or decide within his authority on the establishment of Inspection Teams, appointment of Inspectors, and summoning of Inspection Collaborators to perform inspection tasks as prescribed by law.

7. Recommend the Department Director to temporarily suspend the execution of decisions made by agencies, organizations, and individuals directly managed by the Department Director if there is evidence that such decisions are contrary to the law or hinder inspection activities.

8. Recommend the Department Director to process and resolve matters related to inspection work within his authority.

9. Report to the Department Director and the Inspector General of the Ministry on inspection work, complaint resolution, citizen reception, prevention, and anti-corruption efforts within the scope of his responsibility.

10. Perform other tasks as prescribed by law or assigned by the Department Director.

Article 15. Labor - War Invalids and Social Affairs Inspectors

1. Labor - War Invalids and Social Affairs Inspectors are civil servants appointed to the inspector rank to carry out administrative inspections; specialized inspections on labor, war invalids, and social affairs.

2. Labor - War Invalids and Social Affairs Inspectors perform tasks and powers as prescribed in Articles 50 and 51 of the Inspection Law; Articles 186 and 187 of the Labor Code.

3. In addition to general conditions and standards for the inspector rank, Labor - War Invalids and Social Affairs Inspectors must meet other conditions and standards appropriate to their field and sector as stipulated by the Minister of Labor - War Invalids and Social Affairs.

4. The Minister of Labor - War Invalids and Social Affairs shall specify in detail the position, conditions, standards, and duties of the Labor - War Invalids and Social Affairs Inspector rank; the procedures for issuing and revoking the Labor - War Invalids and Social Affairs Inspector card.

5. Recruitment, appointment, dismissal, and issuance of the Labor - War Invalids and Social Affairs Inspector card shall be carried out in accordance with the provisions of the law.

Article 16. Labor - War Invalids and Social Affairs Inspector Collaborators

1. Labor - War Invalids and Social Affairs Inspector Collaborators are individuals recruited to perform inspection tasks at the request of the Minister of Labor - War Invalids and Social Affairs, the Director of the Ministry's Inspectorate; the General Director of the Vocational Training General Department, the Director of the Vocational Training General Department's Inspectorate; the Director of the Department, the Director of the Department's Inspectorate to carry out inspection tasks related to labor, war invalids, and social affairs.

2. Inspector collaborators must meet the following criteria:

a) Possess good moral qualities, sense of responsibility, integrity, honesty, fairness, and objectivity;

b) Possess professional qualifications suitable for labor, war invalids, and social affairs inspection tasks;

c) Have knowledge of laws and labor, war invalids, and social affairs as prescribed by the Ministry of Labor - War Invalids and Social Affairs.

3. The Minister of Labor - War Invalids and Social Affairs shall promulgate the Regulations on Labor - War Invalids and Social Affairs Inspector Collaborators.

Chapter III

ACTIVITIES OF LABOR INSPECTION -

INVALIDS AND SOCIAL AFFAIRS

Article 17. Administrative Inspection Activities

Inspect the implementation of policies, laws, and tasks of agencies, organizations, and individuals under the management authority of the Minister of Labor - War Invalids and Social Affairs, the General Director of the Vocational Training General Department, and the Department Director.

Article 18. Specialized Inspection Activities

Inspect agencies, organizations, and individuals regarding the implementation of state policies and laws in the following areas:

1. Labor, employment, wages, social insurance, labor export, occupational safety and health, vocational training.

2. Preferential treatment for those who have contributed to the revolution.

3. Prevention of social evils, social assistance.

4. Other fields as prescribed by law.

Article 19. Forms of Inspection

1. Inspections can be conducted in the form of program-based inspections and ad hoc inspections.

2. Program-based inspections are carried out after being approved by the Minister of Labor - War Invalids and Social Affairs, the General Director of the Vocational Training General Department, or the Department Director.

3. Ad hoc inspections are conducted when agencies, organizations, and individuals show signs of violating the law; upon request for handling complaints and denunciations; or assigned by the competent state management authority.

Article 20. Methods of Inspection Activities

1. Inspection activities shall be conducted through Inspection Teams or independent inspections.

2. Inspection Teams and Inspectors shall operate in accordance with laws on inspection and other relevant laws.

Chapter IV

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Article 21. Uniforms, insignia, badges, and emblems

1. The Labor - War Invalids and Social Affairs Inspection has its own uniforms, insignia, badges, and emblems.

It is strictly prohibited for agencies, organizations, and individuals to use similar uniforms, insignia, badges, and emblems that may cause confusion with the Labor - War Invalids and Social Affairs Inspection.

2. The Minister of Labor - War Invalids and Social Affairs shall stipulate the uniforms, insignia, badges, and emblems of the Labor - War Invalids and Social Affairs Inspection after coordinating with the General Inspector.

Article 22. Ensuring Working Conditions

1. Labor - War Invalids and Social Affairs Inspection agencies shall be provided with office premises, means of transportation, and technical equipment necessary for inspection work.

2. The Minister of Labor - War Invalids and Social Affairs and the Director of Departments shall specify the means of transportation and technical equipment for Labor - War Invalids and Social Affairs Inspection agencies in accordance with the law.

Article 23. Operating Expenses

1. Operating expenses of labor, war invalids, and social affairs inspections shall be funded from the state budget and other sources as prescribed by law.

2. The allocation and management of operating expenses shall be carried out in accordance with the State Budget Law and related regulatory legal documents.

Chapter V

REWARD AND VIOLATION HANDLING

Article 24. Rewards

Agencies, organizations, and individuals who have outstanding achievements in labor, war invalids, and social affairs inspections shall be considered for rewards in accordance with the law on commendation and awards.

Article 25. Handling Violations

Agencies, organizations, and individuals obstructing the activities of the Labor - War Invalids and Social Affairs Inspection; bribing, retaliating against Inspectors; retaliating against complainants and accusers; abusing their positions and powers to violate the provisions of this Decree or infringing upon the legitimate rights and interests of agencies, organizations, and individuals working in the field of labor, war invalids, and social affairs shall be subject to disciplinary action, administrative penalties, or criminal prosecution, and if damage is caused, they must compensate according to the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 26. Effective date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Previous regulations contrary to the provisions of this Decree shall be abolished.

Article 27. Responsibility for Implementation

1. The Minister of Labor - War Invalids and Social Affairs shall take the lead and coordinate with the Ministers and Heads of Ministries equivalent to ministries concerned to guide the implementation of this Decree.

2. 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 enforcing this Decree./.