Nghị định 186/2007/ND-CP

DECREE

ON FUNCTIONS, RESPONSIBILITIES, JURISDICTION AND ORGANIZATIONAL STRUCTURE OF  THE MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS

THE GOVERNMENT

Pursuant to the Government Organization Law issued on 25 December 2001;

Pursuant to  Decree No. 178/2007/ND-CP dated 03 December 2007 by the Government on functions, responsibilities, jurisdiction and organization of ministries and ministerial-level agencies;

At the request of the Minister of Labour, Invalids and Social Affairs and Minister of Home Affairs;

DECREE

Article 1: Functions

The Ministry of Labour, Invalids and Social Affairs is an agency of the Government responsible for State administration over issues related to employment, vocational training, labour, wage and salary, social insurance (compulsory, voluntary and unemployment insurance), occupational safety, benefits for national devotees, social assistance, protection and care of children, gender equality, anti-social evils (generally addressed as labour, national devotees and social affairs) all over the country; the administration of public services in the area under the management of the Ministry.

Article 2: Responsibilities and Jurisdiction

The Ministry of Labour, Invalids and Social Affairs has the responsibilities and jurisdiction as stipulated in  Decree No.178/2007/ND-CP dated 03 December 2007 by the Government on functions, responsibilities, jurisdiction and organization of ministries and ministerial-level agencies. They include:

1. Submit to the Government draft laws, ordinances, resolutions, decrees of the Government  according to the approved plan on development of legal documents, projects, plans and other legal documents on labour, national devotees and social affairs under assignment of the Government and the Prime Minister;

2. Submit to the Prime Minister strategies, long-term, five-year and annual plans and national targeted programs and important works, projects on areas of management of the Ministry; draft decisions, directives and other documents under jurisdiction of instruction and administration by the Prime Minister;

3. Promulgate decisions, directives, and circulars within the jurisdiction of the Ministry; ratify plans, projects under jurisdiction of the Ministry; provide guidance, monitor and implement legal documents in the areas of management of the Ministry.

4. Disseminate information and provide law education relevant to the jurisdiction of the Ministry.

5. With respect to the field of employment and unemployment insurance:

a) Provide guidance for implementation of legislation and policies on employment, labour market development, target of new employment and encouragement of new jobs creation, recruitment and management of Vietnamese workers and foreign workers in Viet Nam, employment for special groups of people, labour migration, underemployment due to restructure of State-owned enterprises;

b) Provide guidance of mechanism for implementation of projects of the National targeted program on Employment under the jurisdiction of the Ministry;

c) Work out regulations on conditions, procedures for establishment and operation of job promotion centers;

d) Provide guidance and organize activities of employment transaction;

dd) Operate labour market information system; collect and provide data base on labour market for interested organizations and individuals;

e) Provide guidance, supervise and implement regulations on unemployment insurance.

6. With respect to the field of Vietnamese workers abroad under contractual basis:

a) Provide guidance for implementation of legislation on dispatching Vietnamese workers abroad under contractual basis;

b) Develop overseas labour market;

c) Build up and provide guidance for implementation of the plan on training workers to dispatch abroad; regulate contents, programs and certificates on improvement of knowledge necessary for workers before going abroad.

d) Regulate on issuance of permits; decide the issuance, change and withdrawal of permits for services on sending workers abroad;

dd) Organize, provide guidance on registration for contracts between enterprises and workers dispatched abroad under individual contracts; monitor the implementation of contracts of enterprises;

e) Collaborate with the Ministry of Foreign Affairs to organize, manage and address issues related to Vietnamese workers abroad under contractual basis.

g) Manage the Fund for employment abroad.

7. With respect to the field of vocational training:

a) Organize, instruct, supervise and take lead in coordination with related ministries and agencies on vocational training policies;

b) Make plan on development of the network of secondary vocational training schools, and vocational training colleges and centers under the jurisdiction of the Ministry; regulate conditions for establishment, organization and operation of vocational training institutions; pilot the model regulation of vocational training schools, colleges and centers; standardize material facilities and equipment for vocational training;

c) Regulate the frame of qualification for college and secondary levels of vocational training institutions, lists of skills for training; regulate the enrollment, examination, certification of training completion, certificate form, and procedures for issuance of vocational training certificates.   

d) Regulate the principles, procedures and develop the national skill standards; manage the assessment and issuance of national skill standard certificates;

dd) Regulate the establishment of vocational training colleges; certify the Board of Administration and Management Board of private vocational training colleges under the jurisdiction of the Ministry;

8. With respect to the field of labour, wage and salary:

a) Provide guidance on implementation of labour contracts, collective agreement, work disciplines and material responsibilities, settlement of labour disputes and strikes;

b) Provide guidance on implementation of minimum wage, policies on wage and salary for workers and managers in State-owned enterprises, policies on wage and salary of enterprises operated under the Law on Enterprises and worker utilization individuals under regulation of the Labor Code;

c) Provide guidance for implementation of wage and salary of State-owned enterprises’ workers who go abroad on business or training, policies on wage and salary for workers who are foreigners working in SOEs, and preferential benefits for special workers;

d) Regulate principles and methods for development of labour norms, technical standards for workers, and standards for civil service officers in State-owned enterprises.

9. With respect to the field of compulsory and voluntary social insurance:  

a) Provide guidance and monitor the implementation of strategy and policies on compulsory and voluntary social insurance as stipulated by laws;

b) Regulate the mechanism on information collection and reporting on social insurance, address complaints and denunciation and deal with violation on social insurance; 

10. With respect to the field of safe work

a) Provide guidance on implementation of legislation on occupational safety and health, working conditions, compensation of work injury and occupational accidents; working time, rest time for workers;

b) Coordinate with Ministry of Health to regulate and provide guidance on implementation of allowance in kind, and issue the list of occupational diseases;

c) Issue the lists of machines, equipments and materials with strict requirement on safe work, means of individual protection for workers, hazardous and arduous jobs and specially hazardous and arduous jobs;

d) Regulate and provide guidance on implementation of regulations in ensuring individual protection for workers, standards for classification of workers under working conditions;  

dd) Appraise standards of machines, equipments which strictly require occupational safety for responsible Ministries and agencies to issue procedures of examinations; appraise criteria and conditions for operation of examination institutions;

g) Regulate and provide guidance on examination of quality of products and commodity with typical features of occupational safety as stipulated by laws;

h) Issue the national system of technical standards on safe work;

i) Take lead and provide guidance on implementation of the national program on labour protection, occupational safety and health; the national week on OSH and anti-fire.

k) Unify the reporting, survey and statistics on occupational accidents.

11. With respect to the field of national devotees  

a) Direct and monitor the implementation of legislation and policies on the national devotees who rendered their contribution to the national revolution;

b) Regulate the policy, norms and ways to provide artificial limbs, orthopaedic devices for the national devotees;

c) Coordinate with Ministries, agencies, local authorities and political-social organizations to organize movements of respecting the national devotees, and manage the Fund on “Respecting the National Devotees”;

d) Make plan and provide guidance on planning for martyr cemeteries, memorials and statues;

dd) Regulate the management of martyr cemeteries, memorials and statues;

e) Provide guidance and direct the receiving of martyr remains, and keep information on martyr tombs;

12. With respect to the field of social assistance:

a) Provide guidance on implementation of legislation on poverty reduction and social assistance;

b) Organize and direct the implementation of the national targeted program on poverty reduction and other social assistance programs under the jurisdiction of the Ministry;

c) Make plan and provide guidance on planning of the social welfare facilities network;

d) Regulate conditions for establishment, operation and activities of social welfare facilities;

dd) Regulate procedures on receiving residents to social welfare facilities and sending residents to family;

13. With respect to the field of protection and care of children:  

a) Provide guidance on implementation of legislation and policies on protection and care of children under the jurisdiction and responsibilities of the Ministry;

b) Regulate conditions for establishment, operation and activities of facilities on assistance for children;

c) Regulate procedures on receiving children with specially difficult circumstances to facilities on assistance for children, and sending children from facilities back to families;

d) Take lead in coordination with ministries, agencies, local authorities and political-social organizations and other organizations to implement the National Action Plan for Children, Program on protection, caring and education for children with special circumstances, and other programs and plans on protection, caring and education for children.

dd) Manage and utilize the Fund for Children in Viet Nam.

14. With respect to the field of prevention and elimination of social evils:

a) Provide guidance for implementation of legislation, policies and measures for prevention of prostitution and drug addiction;

b) Make plan and provide guidance on planning the network of centers for labour and social education;

c) Regulate conditions for establishment, organization and operation of centers for labour and social education; issue and withdraw permits of operation of drug addiction facilities as stipulated by laws;

d) Regulate program on education, vocational training and community re-integration for prostitutes and drug addicts;

dd) Regulate procedures on receiving residents to centers for labour and social education and sending residents to family.

15. With respect to the field of gender equality

a) Provide guidance for implementation of legislation and policies on gender equality as stipulated by laws;

b) Participate in assessment of gender integration into legislation development;

c) Review and report competent institutions on the implementation of gender equality as stipulated by laws;

16. With respect to management of civil and public service units:

a) Issue standards and criteria on profession and competence of the civil service officers in the field of jurisdiction of the Ministry; decentralize management levels of civil service units after appraisal by the Ministry of Home Affairs; organize examinations for civil service officers  as stipulated by laws;

b) Take lead in coordination with ministries and agencies to issue criteria for classification and ranking civil service units in the field of labour, national devotees and social affairs;

c) Issue norms of personnel on civil service units of the Ministry after agreement with the Ministry of Home Affairs;

d) Issue technical-economic norms of the field covered by the Ministry;

dd) Coordinate with competent institutions to provide guidance on mechanism of ownership, self-responsibility of civil and public service organizations in the field of labour, national devotees and social affairs; direct socialization of some activities in the field of the Ministry as stipulated by laws;

17. Establish and extend international cooperation in the labour, national devotees and social field.

18. Decide and direct the implementation of the administrative reform within the Ministry in line with the State administrative reform program approved by the Prime Minister.

19. Exercise the rights and responsibilities of the State’s representative owner in State-owned enterprises under the management of the Ministry in accordance with applicable laws. 

20. Practice the administration over activities of associations and non-governmental organizations in the labour, national devotees and social field in accordance with applicable laws.

21. Organize and manage the machinery and staff; direct the implementation of the wage, benefit, award and discipline, appointment and dismissal of officers, retirement, resignation, training and development of the government officers within the administration of the Ministry in accordance with applicable laws.

22. Conduct scientific research and apply technological advance into labour, national devotees and social field.

23. Conduct inspection and settle complaints and denunciation; fight against corruption and negative behaviour as stipulated by laws.

24. Provide guidance on profession and competence of local Stage administration agencies in the labour, national devotees and social field.

25. Manage the budget and assets provided by the Government and follow regulations on utilization of allocated State budget as stipulated by laws. 

26. Implement other tasks as assigned by the Government and Prime Minister.

Article 3: Organizational structure

1. Department of Labour - Wage

2. Department of Social Insurance

3. Department of International Cooperation

4. Department of Gender Equality

5. Department of Planning - Finance

6. Department of Legal Affairs

7. Department of Personnel and Organizational Affairs

8. Inspectorate

9. Ministry Office

10. Bureau for Administration of Overseas Labour Force

11. Bureau of Safe Work

12. Bureau of National Devotees

13. Bureau of Social Evil Prevention

14. Bureau of Employment

15. Bureau of Social Assistance

16. Bureau of Protection and Care of Children

17. General Department of Vocational Training

18. Divisions for Administration of Overseas Labour Force

19. Institute of Labour Science and Social Affairs

20. Institute of Orthopaedics and Rehabilitation

21. Informatics Center

22. Labour and Social Affairs Magazine

23. Labour and Social Newspaper

24. School for training of civil servants and officers on labour and social affairs

25. Viet Nam Fund for Children

Units No. from 1 to 18 of this Article are Departments assisting the Minister in State administration, and units from No.19 to 25 of this Article are Civil service units under the Ministry management.

Regarding the organizational structure, the Department of Labour -Wage, Department of International Cooperation, Department of Legal Affairs, Department of Planning - Finance, Department of Personnel and Organizational Affairs, Inspectorate and the Ministry Office are entitled to set up their affiliated Divisions.

The Minister of Labour, Invalids and Social Affairs summit to the Prime Minister for regulation of functions, tasks, jurisdiction and organizational structure of General Department of Vocational Training, decision of establishment of Divisions for administration of overseas labour force, issuance of the list of other civil service units affiliated to the Ministry.  

Article 4: Enactment

This Decree comes into effect 15 days after its being published in the Gazette. Decree No. 29/2003/DN-CP dated 31-3-2003 on functions, responsibilities, jurisdiction and organization of the Ministry of Labour, Invalids and Social Affairs by the Government and other provisions conflicting with this  Decree are all repealed.

Article 5: Responsibilities for implementation

The Minister of Labour, Invalids and Social Affairs, Ministers and Heads of other ministries and ministerial-level agencies, Heads of governmental agencies and Chairpersons of People’s Committees of centrally-affiliated provinces and cities are responsible for the implementation of this Decree.