Decree No. 62/2022/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs

DECREE

PROVISIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS

Pursuant to the Law on the Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated November 22, 2019;

Pursuant to Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies; Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government amending and supplementing certain provisions of Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs.

Article 1. Position and Functions

The Ministry of Labor, Invalids and Social Affairs is an agency of the Government, performing the function of state management in the fields of labor, wages; employment; vocational education; social insurance; occupational safety and health; persons with meritorious service; social assistance; children; gender equality; prevention and control of social evils (hereinafter referred to collectively as the fields of labor, persons with meritorious service, and society) throughout the country; managing state-run public services and public-interest activities in sectors and fields under its state management.

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 the tasks and powers prescribed in Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government amending and supplementing certain provisions of Decree No. 123/2016/ND-CP, and the following specific tasks and powers:

1. Submitting to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, and draft decrees of the Government according to the annual legislative program of the ministry that has been approved, and resolutions, projects, and programs assigned by the Government and the Prime Minister.

2. Submitting to the Government and the Prime Minister strategies, sectoral national plans, long-term, medium-term, and annual development plans, and important national projects and works in sectors and fields under its state management.

3. Submitting to the Prime Minister draft decisions, directives, national target programs, national programs, national action programs, and other documents concerning sectors and fields under its state management or as assigned by the Government and the Prime Minister.

4. Issuing circulars and other documents on state management over sectors and fields under its management.

5. Directing, guiding, inspecting, and organizing the implementation of legal normative documents, strategies, plans, national target programs, national programs, national action programs, and important national projects and works after approval; disseminating information, promoting, and educating the law on fields under its state management in accordance with specialized laws.

6. Field of labor and wages:

a) Guiding and organizing the implementation of legal provisions on labor contracts, labor discipline, material responsibility, dialogue at workplaces, collective bargaining, collective labor agreements, and resolution of labor disputes;

b) Guiding the implementation of legal provisions on the minimum wage and wage policy for workers in enterprises, agencies, organizations, cooperatives, households, and individuals who hire or employ workers as provided for in the Labor Code;

c) Guiding the implementation of legal provisions on labor for female workers, underage workers, elderly workers, disabled workers, domestic workers, and other workers;

d) Guiding registration and state management of the activities of worker representative organizations as provided for in labor laws; performing the role of the focal point at the national level in the field of labor during Vietnam's participation in international trade agreements;

đ) Guiding wages, bonuses, and remuneration for workers and managers in state-owned enterprises and enterprises with state capital investment.

7. Field of employment:

a) Guiding and organizing the implementation of legal provisions on employment; recruitment and management of Vietnamese workers; unified management of foreign workers working in Vietnam;

b) Guiding and organizing the collection, storage, compilation, analysis, forecasting, and publication of labor market information in sectors and fields under its responsibility outside the national statistical system; issuing regulations on the management, exploitation, utilization, and dissemination of labor market information;

c) Guiding the implementation of legal provisions on the organization and operation of employment services;

d) Guiding and organizing the implementation of legal provisions on unemployment insurance;

đ) Guiding the management and use of the National Employment Fund in accordance with the law.

8. Field of Vietnamese workers going to work abroad under contracts:

a) Guide and organize the implementation of legal provisions regarding Vietnamese workers going abroad to work under contracts;

b) Promote expansion, stabilization, and development of overseas labor markets;

c) Building and guiding the implementation of plans to generate sources of workers going to work abroad; specifying contents, programs, and training certificates for workers before going to work abroad;

d) Deciding on the issuance, reissuance, adjustment of information, and revocation of licenses for the operation of services sending workers to work abroad in accordance with the law;

đ) Organizing and guiding the registration of contracts between enterprises and workers going to work abroad under individual contracts; supervising the implementation of contracts by enterprises;

e) Managing the Overseas Employment Support Fund in accordance with the law.

9. Field of vocational education (excluding teacher training):

a) Taking the lead and coordinating with relevant ministries and sectors to guide and organize the implementation of legal provisions on vocational education;

b) Enact the charter of vocational colleges, intermediate colleges, and vocational education centers; criteria for determining high-quality training programs; specific criteria for classifying public vocational education institutions according to the provisions of the law;

c) Specify regulations on the management of diplomas and certificates in vocational education, equivalent diplomas for those who have graduated from vocational training levels abroad;

d) Develop and promulgate the list of majors and trades for level IV intermediate and college training. Define the minimum amount of knowledge and requirements for skills that students must achieve upon graduation for each level of vocational education training; specify continuous training and other vocational training programs according to the provisions of vocational education law;

đ) Develop and promulish or propose competent authorities to promulgate standards regarding facilities and equipment of vocational education institutions within their authority;

e) Guide the establishment, review, and promulgation of national occupational skill standards; specify the issuance of national occupational skill certificates;

g) Manage and organize the implementation of quality assessment in vocational education (excluding vocational colleges under the defense and security sectors);

h) Specify professional and vocational standards for vocational education teachers; manage and organize the training and development of vocational education teachers and educational managers, instructors of continuous training programs;

i) Decide on the establishment, permission to establish, division, separation, merger, dissolution of vocational colleges, establishment of representative offices of foreign vocational education organizations in Vietnam, recognition of principals of private vocational colleges within their authority;

k) Take the lead and coordinate with the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Education and Training to stipulate programs and contents of national defense and security education in vocational education institutions and organize their implementation;

10. Social insurance field:

a) Advise on the construction, issuance, and guidance on the implementation of policies and laws on social insurance;

b) Guide and organize the implementation of information and reporting systems on social insurance; handle complaints, denunciations, and violations of social insurance laws;

11. Occupational safety and health field:

a) Guide and organize the implementation of legal provisions on occupational safety and health; working hours, rest periods; national program on occupational safety and health; establish a national file on occupational safety and health;

b) Specify compensation and assistance for occupational accidents and occupational diseases; provide supplementary benefits in kind for workers employed under hazardous conditions;

c) Issue a list of machines, equipment, materials, and substances with strict requirements for occupational safety and health based on proposals from relevant ministries according to the law; take the lead in managing state activities related to occupational safety and health training and the inspection of machines, equipment, and materials with strict safety requirements;

d) Lead in issuing a list of jobs with strict requirements for occupational safety and health; a list of heavy, hazardous, dangerous, and particularly heavy, hazardous, dangerous occupations. Specify labor classification standards according to working conditions; provisions on the supply of personal protective equipment during work;

đ) Develop national standards; issue national technical regulations on occupational safety and health within their jurisdiction;

e) Issue inspection procedures for machines, equipment, materials, and management of substances with strict requirements for occupational safety and health within their scope of management;

g) Specify and guide quality inspections of special products and goods related to occupational safety in accordance with the law;

h) Investigate workplace accidents; organize and guide the collection, storage, compilation, provision, publication, and evaluation of information on workplace accidents and serious technical incidents causing loss of occupational safety and health;

i) Guide and organize the implementation of the Occupational Safety and Health Action Month;

12. Field of persons with meritorious service:

a) Guide and organize the implementation of policies and laws on preferential treatment for persons with meritorious service to the revolution;

b) Develop systems, standards, and methods for providing assistance equipment, orthopedic devices, and functional recovery equipment for persons with meritorious service to the revolution;

c) Specify the management of memorials for martyrs, develop plans for determining memorials for martyrs within relevant planning schemes;

d) Guide and direct the reception of martyrs' remains, identification of the identity of martyrs' remains lacking information, and information about martyrs' graves;

đ) Coordinate with ministries, sectors, localities, political-social organizations to organize movements "Repaying Gratitude", manage the "Repaying Gratitude" Fund;

13. Social assistance field:

a) Guide and organize the implementation of policies and laws on social assistance, poverty reduction, social work, elderly people, persons with disabilities, and social assistance beneficiaries;

b) Guide and organize the implementation of national target programs, programs, and projects on social assistance, social work, elderly people, persons with disabilities, and social assistance beneficiaries managed and led by the Ministry of Labor, Invalids, and Social Affairs;

c) Guide the implementation of legal provisions on community-based social assistance standards and at social assistance facilities;

d) Guide the registration, management, and licensing of the establishment and operation of social assistance facilities;

đ) Issue or submit to competent authorities for issuance and guide the implementation of normative legal documents on social relief in disaster aftermath mitigation;

14. Children's field:

a) Guide and organize the implementation of legal provisions on children within the scope of the ministry's powers and responsibilities;

b) Lead and coordinate with relevant ministries and sectors to guide the formulation and implementation of strategies, policies, and national goals on children;

c) Coordinate the implementation of children's rights; lead and coordinate with relevant agencies and organizations to formulate, guide, and implement policies and laws on child protection and children's participation in child-related issues, prevention and control of child accidents and injuries, and care and support for children in special circumstances;

d) Lead and coordinate with ministries, sectors, localities, political-social organizations, and relevant agencies and organizations to implement programs and plans on children, Children's Action Month within the scope of the ministry's responsibility;

đ) Manage and use the Vietnam Child Welfare Fund according to the law;

e) Manage the National Hotline for Child Protection;

15. Field of preventing and combating social evils:

a) Guide the implementation of legal provisions on the prevention and control of prostitution; drug rehabilitation, post-rehabilitation management; support victims of human trafficking to integrate into society;

b) Guide the organization and operation of rehabilitation facilities and post-rehabilitation management facilities according to the law;

c) Specify the curriculum for behavior and character recovery and community reintegration for drug addicts;

d) Develop, submit to competent authorities for issuance policies to support victims of trafficking; guide the implementation of measures to support victims of trafficking within their authority.

đ) Direct the integration of content on preventing and combating trafficking in persons into poverty reduction programs, vocational education, job creation, social evil prevention, gender equality, and child protection programs.

16. Gender equality field:

a) Guide and organize the implementation of policies and laws on gender equality in accordance with legal provisions;

b) Take the lead, coordinate with ministries, sectors, localities, political-social organizations, and related agencies to implement the Month of Action for Gender Equality and Prevention and Response to Gender-Based Violence.

c) Summarize and report to competent authorities on the implementation of gender equality according to the provisions of the law.

17. Guide and organize the implementation of reporting and statistical work in the labor, war invalids, and social affairs sector according to the provisions of the law; build and manage databases and information systems for statistics of the ministry and sector.

18. Manage activities related to the application of information technology in the labor, war invalids, and social affairs sector.

19. Manage professional medical activities in units under the labor, war invalids, and social affairs sector that have medical operations.

20. Regarding public services:

a) Manage state administration over public services in the industry and fields under the ministry's administrative management; manage organizations and units operating public service activities under the ministry;

b) Build and issue economic and technical norms, cost standards (if applicable) as the basis for issuing unit prices and service fees for public services funded by the state budget within the scope and fields managed by the ministry according to the provisions of the law on pricing and other relevant laws to serve as the basis for assigning tasks, ordering or tendering public services according to the law;

c) Build and issue quality criteria and standards for public services funded by the state budget; mechanisms for monitoring, evaluating, certifying quality, and inspection and acceptance regulations for public services funded by the state budget under the ministry; effectiveness of operations of public service units under the scope and fields of national administrative management of the ministry;

d) Guide costs for salaries and labor expenses in prices and unit prices of public goods and services and salary and wage costs in unit prices of public services funded by the state budget for enterprises contracted for orders, tenders (or assigned tasks as specified by specialized laws) according to the provisions of the law on assigning tasks, ordering or tendering public products and services funded by the state budget from regular expenditure funds;

đ) Guide the implementation of policies and laws and support organizations implementing public service activities within the management field.

21. Manage and organize international cooperation and integration; participate in negotiations and signing of international agreements according to the law in the labor, war invalids, and social affairs sector.

22. Decide and direct the implementation of the ministry's administrative reform program according to the goals and content of the government's administrative reform program approved by the Government and the Prime Minister.

23. Manage and organize the operation of non-governmental organizations operating in the labor, war invalids, and social affairs sector according to the law.

24. Manage organizational structure, civil servant quota, number of employees, job positions, civil servant grade structure, and career-based civil servant structure; decide on recruitment, reception, rotation, transfer, appointment, dismissal, resignation, demotion, assignment, commendation, disciplinary action, termination of employment, retirement, salary system, and incentive policies for cadres, civil servants, career-based civil servants, and workers under the ministry's management according to the law; train and develop cadres, civil servants, career-based civil servants, and workers; guide the implementation of legal provisions on career-based civil servant position standards in the fields managed by the ministry.

25. Conduct scientific research and apply scientific and technological progress in the labor, war invalids, and social affairs sector.

26. Inspection; supervision; receiving citizens, handling complaints and denunciations; anti-corruption and anti-negligence; thrift and waste prevention and handling violations according to the law.

27. Manage finance and assets allocated according to the law.

28. Perform other tasks and powers delegated by the Government and the Prime Minister and as stipulated by the law.

Article 3. Organizational Structure

1. Department of Social Insurance.

2. Department of Gender Equality.

3. Department of Legal Affairs.

4. International Cooperation Department.

5. Department of Organization and Cadres.

6. Department of Planning and Finance.

7. Office.

8. Inspectorate.

9. Labor Relations and Wages Bureau.

10. Employment Bureau.

11. Overseas Labor Management Bureau.

12. Occupational Safety and Health Bureau.

13. War Invalids Bureau.

14. Social Assistance Bureau.

15. Children's Bureau.

16. Social Evil Prevention Bureau.

17. Vocational Education and Training General Department.

18. Institute of Labor Science and Social Affairs.

19. Information Technology Center.

20. Dân trí Newspaper.

21. Labor and Social Affairs Magazine.

Units specified from Clause 1 to Clause 17 of this Article are administrative units assisting the Minister in performing state management functions, units specified from Clause 18 to Clause 21 of this Article are public service units serving the state management functions of the ministry.

The Department of Planning and Finance has three divisions.

The Minister of Labor, Invalids and Social Affairs shall submit to the Prime Minister for issuance a Decision specifying the functions, tasks, powers, and organizational structure of the Vocational Education and Training General Department.

The Minister of Labor, Invalids and Social Affairs shall issue a Decision specifying the functions, tasks, powers, and organizational structure of the Departments, Office, Inspectorate, Bureaus, public service units, and other units under the ministry according to the law.

Article 4. Effective date

1. This Decree takes effect from September 12, 2022.

2. This Decree replaces Decree No. 14/2017/NĐ-CP dated February 17, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs.

Article 5. Transitional Provisions

The electronic newspaper Dan Tri, the Labor and Social Affairs Newspaper, and the Training and Civil Servant Capacity Building School for Labor and Social Affairs shall continue to operate in accordance with current regulations until the competent authority completes the consolidation and merger as prescribed.

Article 6. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.