Joint Circular No. 37/2015/TTLT-BLDTBXH-BNV guides the functions, tasks, authorities, and organizational structure of the Department of Labor, Invalids, and Social Affairs under the People's Committee of provinces and centrally-run cities, and the Department of Labor, Invalids, and Social Affairs under the People's Committee of districts, towns, urban districts, and provincial cities.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure

of the Department of Labor - Invalids and Social Affairs under the People's Committee of the province, centrally governed city, district, town, and provincial city

and Social Affairs under the People's Committee of the district, town, city under provincial jurisdiction

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;

Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, and powers of Ministries and ministerial-level agencies;

The Minister of Labor - Invalids and Social Affairs and the Minister of Home Affairs issue this Joint Circular guiding the functions, tasks, powers, and organizational structure of the Department of Labor - Invalids and Social Affairs under the People's Committee of the province, centrally governed city (hereinafter referred to collectively as the Provincial People's Committee) and the Department of Labor - Invalids and Social Affairs under the People's Committee of the district, town, and provincial city (hereinafter referred to collectively as the District People's Committee).

PART I
DEPARTMENT OF LABOR, INVALIDS AND SOCIAL AFFAIRS

Article 1. Position and Functions

1. The Department of Labor - Invalids and Social Affairs is a specialized agency under the Provincial People's Committee, performing the function of advising and assisting the Provincial People's Committee in managing state affairs regarding: labor; employment; vocational training; wages; remuneration; social insurance (compulsory social insurance, voluntary social insurance, unemployment insurance); occupational safety; persons with meritorious service; social assistance; protection and care for children; gender equality; prevention and control of social evils (hereinafter referred to collectively as the labor, persons with meritorious service, and social affairs sector).

2. The Department of Labor - Invalids and Social Affairs has legal personality, has a seal and account according to the provisions of the law; it is subject to the direction, management, and operation of the Provincial People's Committee; at the same time, it is subject to the direction, inspection, and guidance on professional matters from the Ministry of Labor - Invalids and Social Affairs.

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;

1. Submit to the provincial People's Committee:

a) Draft decisions, directives; long-term plans, five-year plans, and annual plans; programs, projects, measures to organize the implementation of administrative reform tasks within the scope of state management of the Department of Labor - Invalids and Social Affairs;

b) Draft documents stipulating the functions, tasks, powers, and organizational structure of the Department of Labor - Invalids and Social Affairs;

c) Draft documents stipulating conditions, standards, positions for the heads and deputy heads of units under the Department; heads and deputy heads of the Department of Labor - Invalids and Social Affairs under the District People's Committee.

2. Submitting to the Chairman of the Provincial People's Committee:

a) Draft documents within the authority to promulish of the Chairman of the Provincial People's Committee regarding the labor, persons with meritorious service, and social affairs sector;

b) Draft decisions on establishing, merging, splitting, dissolving, and reorganizing units under the Department of Labor - Invalids and Social Affairs in accordance with the provisions of the law.

3. Implement regulatory legal documents, planning, programs, projects, and other issues related to the labor, persons with meritorious service, and social affairs sector after approval; provide information, propaganda, guidance, dissemination, education, and monitoring the enforcement of laws in the sectors under the assigned state management.

4. Regarding employment and unemployment insurance:

a) Organize the implementation of planning, programs, projects, solutions on employment, policies for developing the labor market of the province in accordance with the guidelines of the competent authority;

b) Guide and implement the provisions of the law on:

- Employment targets and solutions to increase employment;

- Employment policies in enterprises, cooperatives, collective economic forms, private businesses;

- Employment policies for special groups (persons with disabilities, minors, elderly people, and other groups), home-based workers, migrant workers, and other groups as prescribed by law;

- Unemployment insurance.

c) Manage service organizations for employment in accordance with the law; issue, reissue, extend, revoke, or reclaim the business license for employment services of enterprises engaged in employment services upon authorization of the Provincial People's Committee;

d) Issue, reissue, and revoke work permits for foreign workers entering Vietnam to work in accordance with the labor law.

5. In the field of Vietnamese workers going abroad to work under contracts:

a) Guide and organize the implementation of the recruitment of workers going to work abroad within the scope of state management of the Department;

b) Guide, accept registration contracts of workers going to work abroad under individual contracts and of enterprises sending workers abroad for skill enhancement training for less than 90 days, and monitor the implementation of the registration contracts;

c) Statistics the number of enterprises operating the dispatch of Vietnamese workers abroad under contracts and the number of workers going to work abroad under contracts;

d) Announce to workers returning from working abroad the demand for domestic labor recruitment; guide and introduce workers to register for job search;

đ) Take the lead and coordinate with relevant agencies to handle requests and complaints within their jurisdiction in the field of Vietnamese workers going to work abroad under contracts.

6. Regarding vocational training:

a) Organize the implementation of planning, programs, projects, and proposals for vocational training development in the locality after approval;

b) Guide and inspect the implementation of legal regulations on vocational training; teacher and vocational training manager standards; admission rules, examination rules, graduation recognition, and issuance of vocational certificates; policies and benefits for vocational training managers, teachers, and students according to the law; manage the assessment and issuance of national vocational skill certificates after decentralization; issue, revoke certificates of registration for vocational training activities within their authority;

c) Guide and organize the implementation of the training, upgrading, and utilization of vocational training managers and teachers; organize provincial-level lectures for vocational training lecturers and teachers, equipment-making competitions related to student and trainee work.

7. In the field of labor, wages:

a) Guide the implementation of labor contracts, workplace dialogue, collective bargaining, collective labor agreements, labor discipline, material responsibility, labor disputes resolution, and strikes; systems for workers in state-owned enterprise restructuring, bankruptcy, dissolution, shareholding transformation, transfer, and sale.

b) Guide the implementation of wage systems as prescribed by law.

c) Guide preferential policies for female workers, disabled workers, elderly workers, underage workers, domestic workers, and other specific categories of workers.

c) Guide the implementation of legal provisions concerning female workers and gender equality, senior workers, disabled workers, underage workers, domestic workers, and other specific groups.

đ) Statistic the number of enterprises providing labor leasing services, the implementation of labor leasing, the leasing entities, and the number of leased workers.

8. Regarding mandatory social insurance and voluntary social insurance:

a) Advise the Provincial People's Committee to propose solutions to issues related to social insurance within their jurisdiction to relevant ministries and sectors.

b) Receive applications and organize the assessment of the number of temporarily unemployed workers when enterprises request a temporary suspension of contributions to the pension and death benefit fund.

c) Implement social insurance policies according to the分级授权or delegation from the provincial people's government as stipulated by law.

9. Regarding occupational safety and health:

a) Guide and organize the implementation of the National Program on Occupational Safety and Health, Hygiene, and the National Week on Occupational Safety and Health and Fire Prevention.

b) Guide the implementation of legal provisions regarding working hours, rest periods, and occupational safety and health within the local area.

c) Guide and implement quality management and inspection of special products and goods related to occupational safety and health; receive applications and process procedures for declaring conformity of such products and goods at the local level.

d) Guide technical inspection work related to occupational safety and health; receive and confirm declarations regarding the use of machinery and equipment with strict requirements for occupational safety and health.

đ) Take the lead and coordinate to organize investigations into fatal workplace accidents and serious workplace accidents causing injuries to two or more workers; re-investigate workplace accidents and serious incidents if there are complaints or if deemed necessary.

e) Receive documents reporting the organization of overtime work from over 200 to 300 hours in a year by enterprises, agencies, organizations, and individuals employing labor within the management area;

10. Regarding the field of persons with meritorious service:

a) Guide and organize the implementation of legal provisions concerning persons who have rendered meritorious service to the revolution.

b) Guide and organize the implementation of planning for social welfare facilities for persons who have rendered meritorious service to the revolution, memorials for martyrs; manage memorials for martyrs according to the分级授权on the local territory.

c) Take the lead and coordinate to organize the reception and burial of martyrs' remains; provide information about martyrs' graves; visit and relocate martyrs' remains.

d) Participate in the Provincial Medical Examination Council for disability assessment and labor capacity reduction rate due to disabilities for persons who have rendered meritorious service to the revolution.

đ) Manage beneficiaries, beneficiary files, and funding for implementing preferential policies and systems for persons who have rendered meritorious service to the revolution and their dependents.

e) Guide and organize activities promoting "Repaying Gratitude"; manage and utilize the "Repaying Gratitude" Fund at the provincial level.

11. Regarding the field of social assistance:

a) Guide and organize the implementation of the National Target Program on Poverty Reduction, Resolution on Accelerating Sustainable Poverty Reduction Goals, poverty reduction policies, the National Program on Elderly People in Vietnam, and other social assistance programs.

b) Aggregate and statistic the number of elderly people, disabled individuals, individuals with mental disorders, mentally ill individuals, regular and emergency social assistance recipients, poor households, near-poor households, and other social assistance recipients.

c) Organize the construction of social assistance facility networks, provide social work services, care facilities for the disabled, elderly care facilities, and other types of facilities that provide care and support for social assistance recipients.

12. Regarding child protection and care:

a) Guide and organize the implementation of programs, plans, models, and projects on child protection and care.

b) Organize, monitor, evaluate the implementation of children's rights as prescribed by law; policies and systems for child protection and care; build communes, wards, towns suitable for children.

c) Manage and utilize the Child Welfare Fund at the provincial level.

13. Regarding the field of preventing and combating social evils:

a) Carry out permanent tasks in preventing and combating prostitution; guide professional expertise, organize management, and implement anti-prostitution, compulsory rehabilitation, voluntary rehabilitation, post-rehabilitation management, and support for victims of trafficking according to分级授权and delegation.

b) Guide professional expertise, organize management of compulsory rehabilitation centers, voluntary rehabilitation centers, post-rehabilitation management centers, and victim support centers according to分级授权and delegation.

14. Regarding the field of gender equality:

a) Guide the integration of gender equality into the development of strategies, planning, and economic and social development plans at the local level; advise on the implementation of measures to promote gender equality appropriate to local economic and social conditions.

b) Serve as the permanent body of the Provincial Committee for Women's Advancement, responsible for ensuring operational conditions for the Committee and using its own organizational structure to implement the Committee's tasks.

15. Assist the Provincial People's Committee in managing state affairs concerning enterprises, collective economic organizations, private economic organizations, associations, and non-governmental organizations in the fields of labor, persons who have rendered meritorious service to the revolution, and society.

16. Guide and inspect the implementation of self-management and self-responsibility mechanisms for public service units operating in the fields of labor, persons who have rendered meritorious service to the revolution, and society at the local level.

17. Implement international cooperation in areas under the department's state management functions according to law and assignments,分级授权or delegation from the provincial people's committee, and the provincial people's committee chairman.

18. Provide professional guidance and business operations in the field of labor, persons with meritorious service, and social affairs for the Department of Labor - Invalids and Social Affairs under the People's Committee at the district level and specialized positions under the People's Committee at the commune level.

19. Organize research, application of scientific and technological progress; build databases, information systems, and storage facilities to serve state management and specialized business operations in the assigned fields.

20. Implement the administrative reform program of the Department in accordance with the administrative reform program objectives set by the People's Committee at the provincial level.

21. Inspect, audit, handle violations of laws, resolve complaints and denunciations, and prevent and combat corruption in the fields of labor, persons with meritorious service, and social affairs in accordance with the provisions of the law and as assigned or authorized by the People's Committee at the provincial level.

22. Organize the provision of public services in the fields of labor, persons with meritorious service, and social affairs within the scope of the Department’s state management.

23. Provide regular and urgent information and reports on the implementation of assigned tasks to the provincial People's Committee and the Ministry of Labor, Invalids and Social Affairs.

24. Define the functions, tasks, authorities, organizational structure, and working relationships of units subordinate to and directly under the Department in accordance with the Department’s functions, tasks, authorities, and organizational structure as guided by the Ministry of Labor - Invalids and Social Affairs and the Ministry of Home Affairs, and in accordance with the regulations of the People's Committee at the provincial level.

25. Manage the organizational structure, civil servant quota, civil servant grade structure, job positions, staff structure by occupational title, and number of personnel in public service units; implement salary systems and incentive policies, training, rewards, and disciplinary measures for civil servants, staff members, and workers within the scope of management in accordance with the law and as assigned or authorized by the People's Committee at the provincial level.

26. Manage and be responsible for financial resources and assets allocated in accordance with legal provisions and as delegated, classified, or authorized by the provincial People's Committee.

27. Perform other tasks assigned by the provincial People's Committee and the Chairman of the provincial People's Committee and as stipulated by law.

Article 3. Organizational Structure

1. Leadership of the Department:

a) The Department of Labor - Invalids and Social Affairs has a Director and not more than three Deputy Directors.

b) The Director of the Department of Labor - Invalids and Social Affairs is the head of the Department, responsible before the People's Committee at the provincial level, the Chairman of the People's Committee at the provincial level, and the law for all activities of the Department; report work to the People's Committee at the provincial level, the Chairman of the People's Committee at the provincial level, and the Minister of Labor - Invalids and Social Affairs; report to the Provincial People's Council, respond to electors' petitions, and answer questions from Provincial People's Council representatives.

c) Deputy Directors assist the Director in managing one or several aspects of work, responsible before the Director and the law for the tasks assigned. In the absence of the Director, one Deputy Director may be delegated by the Director to manage the Department's activities.

d) Appointments, reappointments, dismissals, transfers, promotions, rewards, punishments, resignations, retirements, and other policies for the Director and Deputy Directors are decided by the Chairman of the People's Committee at the provincial level.

đ) Based on the regulations on the management of cadres and officials at the provincial level, the Director of the Department decides or submits to the competent authority for decision on the appointment and dismissal of heads and deputy heads of units subordinate to the Department according to the position standards issued by the provincial People's Committee.

2. Organizational Structure:

a) The organizational structure of the Department of Labor - Invalids and Social Affairs includes ten departments:

- Office (including legal affairs);

- Inspection;

- Planning and Finance Department;

- Department of Persons with Meritorious Service;

- Employment and Occupational Safety Department;

- Labor, Wages, and Social Insurance Department;

- Vocational Training Department;

- Prevention and Control of Social Evils Department (Branch);

- Social Assistance Department;

- Child Protection and Gender Equality Department.

Advisory and assistance organizations for the Director of the Department are established in accordance with the characteristics of each locality, ensuring comprehensive coverage of all areas under management.

In cases where the number of departments is less than the named departments above (less than ten), the provincial People's Committee decides on adjustments to department names and functions to ensure compliance with legal regulations.

For the Department of Labor - Invalids and Social Affairs with a Prevention and Control of Social Evils Branch in its organizational structure, the Branch has legal personality, a seal, an account, and its organizational structure does not exceed three departments.

The Director of the Department of Labor - Invalids and Social Affairs leads and coordinates with the Director of the Department of Home Affairs to review and improve specialized departments under the Department towards consolidation, reduction of intermediate stages, multi-sector management, and submit to the provincial People's Committee for specific decisions, but not exceeding ten departments (including the Branch).

b) Based on the characteristics and actual needs of the locality, the Director of the Department of Labor - Invalids and Social Affairs leads and coordinates with the Director of the Department of Home Affairs to submit to the provincial People's Committee for approval to establish public service units under the Department according to the approved planning and legal regulations.

3. Civil Servant Quota of the Department of Labor - Invalids and Social Affairs:

a) The civil servant quota and the number of personnel of the Department of Labor - Invalids and Social Affairs are allocated based on job positions linked to functions, tasks, and scope of activities, and are part of the total civil servant quota and total number of personnel of administrative agencies and public service units of the province or centrally-administered city approved or approved by the competent authority.

b) Based on functions, tasks, organizational structure, and the list of job positions, civil servant grade structure, and staff structure by occupational title approved by the competent authority, the Department of Labor - Invalids and Social Affairs leads and coordinates with the Department of Home Affairs annually to develop plans for civil servant quotas and personnel numbers to ensure the fulfillment of assigned tasks, and submit to the provincial People's Committee for decision.

Chapter II
LABOR, INVALIDS AND SOCIAL AFFAIRS DEPARTMENT

1. The position and functions of the Social and Cultural Department shall be carried out in accordance with Article 11 of Decree No. 150/2025/NĐ-CP.

1. The Department of Labor - Invalids and Social Affairs is a specialized agency under the People's Committee at the district level, implementing functions to provide advice and support to the People's Committee at the district level in managing state affairs regarding employment; vocational training; labor, wages; remuneration; social insurance (compulsory social insurance, voluntary social insurance, unemployment insurance); occupational safety; persons with meritorious service; social assistance; child protection and care; gender equality; prevention and control of social evils.

2. The Department of Labor - War Invalids and Social Affairs has legal personality, possesses a seal and bank account; it is subject to the direction, management, and operation of the People's Committee at the district level; at the same time, it is subject to the direction, guidance, and professional inspection of the Department of Labor - War Invalids and Social Affairs.

Article 5. Tasks and Powers

1. Submit to the People's Committee at the district level for issuance of decisions, directives; long-term plans, five-year plans, and annual plans; programs and measures to organize the implementation of state administrative reform tasks within the assigned state management domain.

2. Implement legal documents, plans, and programs after approval; provide information, propaganda, dissemination, and education on laws related to labor, war invalids, and social affairs assigned; monitor the enforcement of laws.

3. Assist the People's Committee at the district level in managing state affairs concerning collective economic organizations, private economic organizations, associations, and non-governmental organizations operating within the assigned labor, war invalids, and social affairs domain.

4. Guide and inspect the implementation of regulations for social welfare facilities, social houses, vocational training centers, employment service organizations, compulsory drug rehabilitation centers, voluntary drug rehabilitation centers, post-rehabilitation management centers, victim support centers, and children assistance centers within the district according to delegated authority.

5. Guide and implement the management of monuments honoring martyrs.

6. Provide professional guidance on labor, war invalids, and social affairs to cadres and civil servants at commune, ward, and town levels.

7. Coordinate with relevant sectors and mass organizations to build a nationwide movement to care for and assist war invalids and social policy beneficiaries.

8. Monitor and inspect organizations and individuals in the implementation of laws related to labor, war invalids, and social affairs; handle complaints, denunciations, prevent corruption and waste according to the law and the division of work assigned by the People's Committee at the district level.

9. Apply scientific and technological progress; establish information and archival systems to serve state management in the field of labor, war invalids, and social affairs within the district.

10. Carry out regular and urgent information and reporting on the implementation of assigned tasks according to the regulations of the People's Committee at the district level and the Department of Labor - War Invalids and Social Affairs.

11. Manage job positions, civil servant quotas, civil servant grade structures, implement salary systems, incentive policies, rewards, disciplinary actions, and professional training and development for civil servants and employees under its jurisdiction according to the law and the division of work assigned by the People's Committee at the district level.

12. Manage and be responsible for the financial and property assets of the Department according to the law and the division of work assigned by the People's Committee at the district level.

13. Perform other tasks assigned by the People's Committee at the district level or as stipulated by law.

Article 6. Organization and Staffing

1. The Department of Labor - War Invalids and Social Affairs has a Director, not more than three Deputy Directors, and civil servants performing specialized tasks.

a) The Director of the Department of Labor - War Invalids and Social Affairs is the head of the Department of Labor - War Invalids and Social Affairs responsible before the People's Committee at the district level, the Chairman of the People's Committee at the district level, and the law for all activities of the Department of Labor - War Invalids and Social Affairs;

b) Deputy Directors of the Department of Labor - War Invalids and Social Affairs assist the Director in overseeing certain aspects of work, and are responsible before the Director and the law for the tasks assigned. When the Director is absent, a Deputy Director appointed by the Director shall manage the operations of the Department of Labor - War Invalids and Social Affairs;

c) The appointment, reappointment, removal, transfer, rotation, reward, punishment, resignation, retirement, and implementation of other systems and policies for the Director and Deputy Directors are decided by the Chairman of the People's Committee at the district level.

2. The quota of civil servants of the Department of Labor - War Invalids and Social Affairs is allocated based on job positions, linked to functions, tasks, scope of activities, and falls within the total quota of civil servants in administrative agencies and organizations at the district level assigned by the competent authority.

3. Based on functions, tasks, job position list, and approved civil servant grade structure, annually the Department of Labor - War Invalids and Social Affairs, in conjunction with the Civil Service Department, develops a plan for the civil servant quota according to the law to ensure the fulfillment of assigned tasks, submit to the competent authority for approval.

Chapter III
IMPLEMENTATION

Article 7. Transitional Provisions

1. For Departments of Labor - War Invalids and Social Affairs currently having more Deputy Directors than stipulated in this Joint Circular, they continue to maintain the current number of Deputy Directors to ensure stability. Additional Deputy Directors may only be appointed when the current number does not meet the stipulated number in this Joint Circular.

2. For those who have been appointed to lead positions or deputy leadership positions in units under the Department of Labor - War Invalids and Social Affairs prior to the effective date of this Joint Circular, if after restructuring and improving the organizational structure of the Department of Labor - War Invalids and Social Affairs, they retain their leadership and management positions or are appointed to new positions with lower leadership allowances than their previous positions, they will be entitled to retain their previous leadership allowances according to Decision No. 140/2009/QĐ-TTg dated December 31, 2009, issued by the Prime Minister regarding the retention of leadership allowances for leadership positions during organizational restructuring.

Article 8. Effective Date

This Joint Circular takes effect from November 20, 2015, and replaces Joint Circular No. 10/2008/TTLT-BLĐTBXH-BNV dated July 10, 2008, issued jointly by the Ministry of Labor - War Invalids and Social Affairs and the Ministry of Home Affairs guiding the functions, tasks, authorities, and organizational structure of specialized agencies under provincial and district People's Committees and the management responsibilities of village-level People's Committees regarding labor, war invalids, and social affairs.

Article 9. Responsibility for implementation

1. Pursuant to the guidance provided in this Joint Circular, the People's Committee of the province shall specify in detail the functions, tasks, powers, and organizational structure of the Department of Labor, Invalids, and Social Affairs; guide the People's Committees of the district to specify in detail the functions, tasks, powers, and organizational structure of the Labor, Invalids, and Social Affairs Office.

2. The Chairman of the People's Committee of the province shall be responsible for organizing and implementing this Joint Circular.

During implementation, if any issues arise or difficulties occur, the provinces and centrally governed cities shall report them to the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Home Affairs for consideration and resolution within their respective jurisdictions./.