Decree No. 39/2013/ND-CP on the organization and operation of the Labor - War Invalids and Social Affairs Inspection

DECREE

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

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

Based on the Inspection Law dated November 15, 2010;

Decree No. 07/2021/NĐ-CP

The Government issues a Decree on the organization and operation of the Labor - War Invalids and Social Affairs Inspection,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the organization and operation of agencies performing the inspection function of the Labor - War Invalids and Social Affairs sector; inspectors, specialized inspection civil servants, and cooperative inspectors of the Labor - War Invalids and Social Affairs sector; the responsibilities of agencies, organizations, and individuals in the inspection activities of the Labor - War Invalids and Social Affairs sector.

Article 2. Inspection Objects

2. Vietnamese and foreign agencies, organizations, and individuals have the obligation to comply with legal regulations in fields within the state management scope of the Ministry of Labor - War Invalids and Social Affairs, Department of Labor - War Invalids and Social Affairs.

2. Vietnamese and foreign agencies, organizations, and individuals have the obligation to comply with legal regulations in fields under the management of the Ministry of Labor - War Invalids and Social Affairs and the Department of Labor - War Invalids and Social Affairs.

Article 3. Application of International Treaties

In cases where international treaties to which the Socialist Republic of Vietnam is a party have provisions different from those of this Decree, the provisions of such international treaties shall apply.

Article 4. Principles of operation of the Labor - War Invalids and Social Affairs Inspection

1. The operation of the Labor - War Invalids and Social Affairs Inspection must comply with the law, ensuring accuracy, honesty, objectivity, transparency, democracy, and timeliness.

2. Administrative inspection activities are conducted through inspection teams; specialized inspection activities are conducted through inspection teams or independently by inspectors and specialized inspection civil servants.

Chapter II

ORGANIZATION, TASKS, LIMITATIONS OF AGENCIES PERFORMING THE FUNCTION OF LABOR - WAR INVALIDS AND SOCIAL AFFAIRS INSPECTION

PERFORMANCE OF THE FUNCTION OF LABOR - WAR INVALIDS AND SOCIAL AFFAIRS INSPECTION BY AGENCIES

Article 5. Agencies performing the function of Labor - War Invalids and Social Affairs Inspection

1. State inspection agencies:

a) The Ministry of Labor - War Invalids and Social Affairs Inspection;

b) Provincial and centrally-administered city Departments of Labor - War Invalids and Social Affairs Inspection.

b) Market Management Sub-Department under the Department of Industry and Trade (hereinafter referred to collectively as the Sub-Department).

a) Vocational Training Administration;

b) Overseas Labor Management Bureau.

Article 6. Ministry of Labor - War Invalids and Social Affairs Inspection

1. The Ministry of Labor - War Invalids and Social Affairs Inspection is an agency under the Ministry of Labor - War Invalids and Social Affairs, assisting the Minister of Labor - War Invalids and Social Affairs in state management of inspection work, handling complaints and grievances, and preventing corruption; conducting administrative inspections, specialized inspections; handling complaints and grievances, and preventing corruption within the labor, war invalids, and social affairs domain nationwide.

2. The Ministry of Labor - War Invalids and Social Affairs Inspection has a Chief Inspector, Deputy Chief Inspectors, Inspectors, and other civil servants.

3. The Ministry of Labor - War Invalids and Social Affairs Inspection is organized into specialized departments. These departments are established by the Minister of Labor - War Invalids and Social Affairs.

4. The Ministry of Labor - War Invalids and Social Affairs Inspection is subject to the direction and management of the Minister of Labor - War Invalids and Social Affairs and the guidance on work and professional training from the Government Inspectorate.

Article 7. Tasks and Authorities of the Ministry of Labor - War Invalids and Social Affairs Inspection

The Ministry of Labor - War Invalids and Social Affairs Inspection performs tasks and authorities as prescribed in Article 18 of the Inspection Law and the following tasks and authorities:

1. Taking the lead or participating in drafting normative legal documents according to the division of labor by the Minister of Labor - War Invalids and Social Affairs.

2. Organizing specialized inspection training for inspectors and civil servants assigned to perform specialized inspection tasks in the Labor - War Invalids and Social Affairs sector.

3. Propagating, guiding, urging, and inspecting agencies and units under the Ministry to implement legal provisions on inspection.

4. Summarizing and drawing lessons from inspection work in the labor, war invalids, and social affairs domain.

5. Conducting scientific research on inspection in the labor, war invalids, and social affairs domain.

6. International cooperation on inspection work in the labor, war invalids, and social affairs domain.

7. Compiling and reporting to the Minister of Labor - War Invalids and Social Affairs and the Chief Inspector General about the results of inspection work, complaint and grievance resolution, and anti-corruption efforts within the scope of management of the Ministry of Labor - War Invalids and Social Affairs as prescribed by law.

8. Other tasks and powers as prescribed by law.

Article 8. Duties and Authorities of the Inspector General of the Ministry of Labor, Invalids, and Social Affairs

The Inspector General of the Ministry of Labor, Invalids, and Social Affairs shall perform the duties and authorities stipulated in Article 19 of the Inspection Law and the following duties and authorities:

1. Report to the Minister of Labor, Invalids, and Social Affairs and the Chief Inspector of the Government on inspection work, handling complaints and denunciations, preventing and combating corruption within their scope of responsibility.

2. Assist the Minister of Labor, Invalids, and Social Affairs in checking, verifying, concluding, and recommending measures for handling complaints within the authority of the Minister of Labor, Invalids, and Social Affairs.

3. Assist the Minister of Labor, Invalids, and Social Affairs in supervising, inspecting, and urging agencies under the direct management of the Minister of Labor, Invalids, and Social Affairs to handle citizens' petitions, resolve complaints, and enforce decisions resolving complaints that have become legally binding.

4. Verify the content of denunciations, conclude the verified content, and recommend measures to handle denunciations within the authority to resolve complaints assigned to the Minister of Labor, Invalids, and Social Affairs.

5. Examine and conclude the resolution of denunciations that heads of agencies under the direct management of the Minister of Labor, Invalids, and Social Affairs have resolved but show signs of violating the law; if there is evidence that the resolution of denunciations by these agencies violates the law, recommend the Minister to examine and resolve.

6. Assist the Minister of Labor, Invalids, and Social Affairs in directing, urging, and inspecting the implementation of information and reporting systems regarding anti-corruption work by agencies and units under the direct management of the Minister of Labor, Invalids, and Social Affairs.

7. Inspect the responsibility of heads of agencies and units under the management of the Minister of Labor, Invalids, and Social Affairs in implementing laws on inspection.

8. Summon civil servants and officials from related agencies to participate in inspection teams.

9. Other duties and authorities as prescribed by law.

Article 9. Provincial Department of Labor, Invalids, and Social Affairs Inspectors

1. The Provincial Department of Labor, Invalids, and Social Affairs Inspectors is an agency under the Provincial Department of Labor, Invalids, and Social Affairs, assisting the Director of the Provincial Department of Labor, Invalids, and Social Affairs in conducting administrative inspections, specialized inspections, handling complaints and denunciations, and preventing and combating corruption in accordance with the law.

2. The Provincial Department of Labor, Invalids, and Social Affairs Inspectors have an Inspector General, Deputy Inspector General, Inspectors, and other civil servants.

3. The Provincial Department of Labor, Invalids, and Social Affairs Inspectors are subject to the direction and management of the Director of the Provincial Department of Labor, Invalids, and Social Affairs; they are also subject to the direction on inspection work and guidance on administrative inspection procedures from the Inspector of the province or centrally-administered city, and on specialized inspection procedures from the Inspector of the Ministry of Labor, Invalids, and Social Affairs.

Article 10. Duties and Authorities of the Provincial Department of Labor, Invalids, and Social Affairs Inspectors

The Provincial Department of Labor, Invalids, and Social Affairs Inspectors shall perform the duties and authorities stipulated in Article 24 of the Inspection Law and the following duties and authorities:

1. Propagate, guide, inspect, and urge agencies and units under the management of the Provincial Department of Labor, Invalids, and Social Affairs to implement laws on inspection.

2. Organize training in specialized inspection procedures for inspectors and civil servants engaged in inspection work at the Provincial Department of Labor, Invalids, and Social Affairs Inspectors.

3. Summarize and draw lessons from inspection work within the management scope of the Provincial Department of Labor, Invalids, and Social Affairs.

4. Compile and report on the results of inspection work, complaint and denunciation resolution, and prevention and combat of corruption within the management scope of the Provincial Department of Labor, Invalids, and Social Affairs in accordance with the law.

5. Other tasks and powers as prescribed by law.

Article 11. Duties and Authorities of the Director of the Department of Labor, Invalids and Social Affairs' Inspectorate

The Director of the Department of Labor, Invalids and Social Affairs' Inspectorate shall perform the duties and authorities stipulated in Article 25 of the Inspection Law and the following duties and authorities:

1. Report to the Director of the Department of Labor, Invalids and Social Affairs, the Director of the Ministry of Labor, Invalids and Social Affairs' Inspectorate, and the provincial inspector general on inspection work, handling complaints and denunciations, and anti-corruption efforts within their scope of responsibility.

2. Inspect the responsibilities of the heads of agencies and units under the management of the Director of the Department of Labor, Invalids and Social Affairs in implementing laws related to inspection.

3. Summon civil servants and officials from relevant agencies and units to participate in inspection teams.

4. Other duties and powers as prescribed by law.

Article 12. Duties and Authorities of the General Directorate for Vocational Training

1. Develop plans for specialized vocational training inspections and submit them to the Ministry of Labor, Invalids and Social Affairs' Inspectorate for consolidation and submission to the Minister of Labor, Invalids and Social Affairs for approval; organize the implementation of approved plans.

2. Inspect cases with signs of law violations in the vocational training sector when assigned by the Director of the Ministry of Labor, Invalids and Social Affairs' Inspectorate.

3. Inspect other cases assigned by the Minister of Labor, Invalids and Social Affairs.

4. Monitor, urge, and inspect the implementation of inspection conclusions, recommendations, and decisions on handling cases within their jurisdiction.

5. Perform citizen reception, complaint and denunciation resolution, and anti-corruption tasks according to the provisions of the law.

6. Summarize and report to the Ministry of Labor, Invalids and Social Affairs' Inspectorate on the results of inspection work, complaint and denunciation resolution, and anti-corruption efforts in the vocational training sector within their management scope.

7. Other tasks and powers as prescribed by law.

Article 13. Duties and Authorities of the Director-General of the General Directorate for Vocational Training

1. Lead, direct, and inspect specialized vocational training inspection work.

2. Decide to conduct inspections upon discovering signs of law violations in the vocational training sector.

3. Assign civil servants to carry out specialized vocational training inspection tasks.

4. Recommend the Director of the Ministry's Inspectorate to handle overlapping issues regarding subjects, contents, and timeframes for vocational training inspections.

5. Recommend state agencies with authority to amend, supplement, or promulgate legal regulations suitable for management requirements in the vocational training sector; recommend suspension or revocation of illegal regulations discovered through inspection work in the vocational training sector.

6. Administer administrative penalties according to the law on administrative violation handling.

7. Other tasks and powers as prescribed by law.

Article 14. Duties and Authorities of the Overseas Labor Management Bureau

1. Develop plans for specialized inspections in the sector of sending Vietnamese workers abroad under contracts and submit them to the Ministry of Labor, Invalids and Social Affairs' Inspectorate for consolidation and submission to the Minister of Labor, Invalids and Social Affairs for approval; organize the implementation of approved plans.

2. Inspect cases with signs of law violations in the sector of sending Vietnamese workers abroad under contracts when assigned by the Director of the Ministry of Labor, Invalids and Social Affairs' Inspectorate.

3. Inspect other cases assigned by the Minister of Labor, Invalids and Social Affairs.

4. Monitor, urge, and inspect the implementation of inspection conclusions, recommendations, and decisions on handling cases in the sector of sending Vietnamese workers abroad under contracts within their jurisdiction.

5. Perform citizen reception, complaint and denunciation resolution, and anti-corruption tasks according to the provisions of the law.

6. Summarize and report to the Ministry of Labor, Invalids and Social Affairs' Inspectorate on the results of inspection work, complaint and denunciation resolution, and anti-corruption efforts in the sector of sending Vietnamese workers abroad under contracts.

7. Other tasks and powers as prescribed by law.

Article 15. Duties and Authorities of the Director of the Overseas Labor Management Department

1. Lead, direct, and inspect specialized inspection work in the field of sending Vietnamese workers to work abroad under contracts.

2. Decide to conduct inspections when signs of law violations are detected in the field of sending Vietnamese workers to work abroad under contracts.

3. Assign civil servants to perform specialized inspection tasks in the field of sending Vietnamese workers to work abroad under contracts.

4. Recommend the Inspector General of the Ministry to handle overlapping issues regarding subjects, contents, and timeframes for inspections in the field of sending Vietnamese workers to work abroad under contracts.

5. Recommend state agencies with competent authority to amend, supplement, or promulgate legal regulations to meet management requirements in the field of sending Vietnamese workers to work abroad under contracts; recommend suspension or revocation of legal provisions found to be contrary to the law through inspection work in the field of sending Vietnamese workers to work abroad under contracts.

6. Administer administrative penalties according to the law on administrative violation handling.

7. Other tasks and powers as prescribed by law.

Article 16. Advisory Units on Specialized Inspection Work under the Vocational Training General Department and the Overseas Labor Management Department

The advisory unit on specialized inspection work at the Vocational Training General Department shall be organized as a Division, while at the Overseas Labor Management Department it shall be organized as a Section.

Chapter III

INSPECTORS AND SPECIALIZED INSPECTION CIVIL SERVANTS,

ASSISTANT INSPECTORS IN THE LABOR - WAR INVALIDS AND SOCIAL AFFAIRS SECTOR

Article 17. Inspectors in the Labor - War Invalids and Social Affairs Sector

1. Inspectors in the Labor - War Invalids and Social Affairs Sector are civil servants appointed to the inspector rank to carry out inspection duties in the fields of labor, war invalids, and social affairs.

2. The appointment and removal of inspectors in the Labor - War Invalids and Social Affairs Sector shall be carried out in accordance with the provisions of the law.

3. Inspectors in the Labor - War Invalids and Social Affairs Sector shall perform their duties and exercise their powers in accordance with the provisions of the law.

4. Inspectors in the Labor - War Invalids and Social Affairs Sector shall be provided with inspection uniforms and inspection cards; they shall enjoy benefits and policies as prescribed by law.

5. The Minister of Labor - War Invalids and Social Affairs shall specify the uniform for inspectors in the Labor - War Invalids and Social Affairs Sector after reaching consensus with the Chief Inspector of the Government.

Article 18. Specialized Inspection Civil Servants in the Labor - War Invalids and Social Affairs Sector

1. Specialized inspection civil servants in the Labor - War Invalids and Social Affairs Sector are persons within the establishment of the agency specified in Clause 2, Article 5 of this Decree, assigned by the head of the directly managing agency to perform specialized inspection tasks.

2. Specialized inspection civil servants in the Labor - War Invalids and Social Affairs Sector must meet the criteria and conditions stipulated in Article 12 of Decree No. 07/2012/NĐ-CP dated February 9, 2012, of the Government, concerning agencies entrusted with the function of specialized inspection and specialized inspection activities.

3. Specialized inspection civil servants in the Labor - War Invalids and Social Affairs Sector shall have inspection uniforms, specialized inspection civil servant cards, and shall enjoy allowances when performing inspection duties according to the provisions of the law. The inspection uniforms and specialized inspection civil servant cards for the Labor - War Invalids and Social Affairs Sector shall be prescribed by the Minister of Labor - War Invalids and Social Affairs.

4. Specialized inspection civil servants of the Labor - Invalids and Social Affairs Sector may impose administrative penalties according to the law on administrative violations.

5. Specialized inspection civil servants in the Labor - War Invalids and Social Affairs Sector shall be guided on specialized inspection procedures by the Inspectorate of the Ministry of Labor - War Invalids and Social Affairs.

Article 19. Inspectors Collaborating with the Labor - War Invalids and Social Affairs Sector

1. Inspectors collaborating with the Labor - War Invalids and Social Affairs sector are individuals recruited to participate in Inspection Teams to perform inspection tasks within the labor, war invalids, and social affairs sectors.

2. The duties, powers, and treatment for inspectors collaborating with the Labor - War Invalids and Social Affairs sector shall be carried out in accordance with the provisions of the law.

3. The Minister of Labor - War Invalids and Social Affairs shall stipulate the regulations for inspectors collaborating with the Labor - War Invalids and Social Affairs sector.

Chapter IV

INSPECTION ACTIVITIES IN THE LABOR - WAR INVALIDS AND SOCIAL AFFAIRS SECTOR

Article 20. Inspection Activities

1. Administrative Inspection:

a) Inspection of the implementation of policies, laws, and duties and powers of agencies, organizations, and individuals as specified in Clause 1, Article 2 of this Decree;

b) Administrative inspection activities must comply with the provisions of the law on administrative inspection and related laws.

2. Specialized Inspection:

a) Implementation of labor laws: Reporting; recruitment and training of workers; labor contracts; collective labor agreements; working hours and rest periods; wages and remuneration; occupational safety and health; implementation of regulations concerning female workers, elderly workers, disabled workers, and underage workers; implementation of regulations concerning foreign workers; labor discipline and material responsibility; other provisions of labor laws;

b) Implementation of social insurance laws (compulsory social insurance, voluntary social insurance, unemployment insurance): Implementation of social insurance laws by social insurance organizations; implementation of social insurance laws by employers and employees;

c) Implementation of laws on sending Vietnamese workers abroad under contracts: Establishment of dedicated organizational structures by enterprises and public institutions for sending Vietnamese workers abroad under contracts; signing of relevant contracts for workers going abroad; selection of workers; vocational training and language instruction for workers; pre-departure training for workers before going abroad; implementation of contracts for sending workers abroad; management and protection of the rights and legitimate interests of workers going abroad; implementation of policies and benefits for workers going abroad; termination of contracts between enterprises, public institutions, and workers going abroad; other provisions of laws on sending Vietnamese workers abroad under contracts;

d) Implementation of laws on vocational training; policies and systems for vocational training and learning: Conditions for establishment, physical facilities and equipment standards, and operations of vocational training centers; implementation of admission rules, examinations, graduation certification, and issuance of vocational certificates; rights and obligations of organizations and individuals participating in vocational training and learning activities; vocational training for persons with disabilities; quality assurance in vocational training; implementation of vocational training programs and projects; other provisions of laws on vocational training;

đ) Implementation of policies and laws on preferential treatment for those who have contributed to the revolution: Implementation of regulations regarding beneficiaries, conditions, standards, preferential treatment systems for those who have contributed to the revolution and their relatives; responsibilities of agencies, organizations, and individuals in implementing preferential policies and systems for those who have contributed to the revolution and their relatives; distribution, management, and utilization of funds for preferential policies for those who have contributed to the revolution managed by the Labor - War Invalids and Social Affairs sector; management and utilization of the Gratitude Fund; other provisions on preferential treatment for those who have contributed to the revolution;

e) Implementation of policies and laws on poverty reduction and social assistance; implementation of national target programs on poverty reduction and social assistance programs under the jurisdiction of the Labor - War Invalids and Social Affairs sector;

g) Implementation of laws on children's protection and care within the scope of authority and responsibility of the Labor - War Invalids and Social Affairs sector: Implementation of the National Action Program for Children; child protection programs, care, and education for children in special circumstances, and other programs and plans for children's protection, care, and education;

h) Implementation of laws on gender equality; implementation of national target programs on gender equality and measures to ensure gender equality;

i) Implementation of laws on policies and solutions to prevent prostitution; drug rehabilitation; post-rehabilitation management; support for victims of trafficking; organization and operation of Rehabilitation-Care-Labor Social Centers and post-rehabilitation management facilities;

Other contents related to the labor, war invalids, and social affairs sectors.

Specialized inspection activities must comply with the provisions of the law on specialized inspection and related laws.

Article 21. Activities in handling complaints and denunciations

1. Organize citizen reception activities; receive and process complaint and denunciation petitions; resolve complaints and denunciations within their authority.

2. Take the lead and coordinate with relevant agencies to carry out the task of receiving citizens at the citizen reception office.

3. Monitor, inspect, and urge the implementation of decisions resolving complaints and decisions handling denunciations issued by the Minister of Labor, Invalids and Social Affairs, the Inspector General of the Ministry; the Director of the Department of Labor, Invalids and Social Affairs, the Chief Inspector of the Department; and the heads of agencies assigned to perform specialized inspection functions.

Article 22. Activities in preventing and combating corruption

1. Inspect the implementation of laws on preventing and combating corruption by agencies, organizations, and individuals specified in Clause 1, Article 2 of this Decree.

2. Coordinate with related agencies and organizations in detecting acts of corruption.

3. Recommend competent authorities to handle persons found guilty of corruption through inspection activities in the labor, invalids, and social affairs sector.

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Decree takes effect from June 15, 2013, replacing Government Decree No. 31/2006/NĐ-CP dated March 29, 2006, on the organization and operation of the Labor, Invalids and Social Affairs Inspectorate.

Article 24. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal People's Committees directly under the Central Government, relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.