Quyết định 147/QD-LDTBXH

DECISION

THE MINISTER OF LABOUR - INVALIDS AND SOCIAL AFFAIRS

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

Pursuant to the Government’s Decree No. 178/2007/ND-CP of December 03, 2007, defining the functions, tasks and organizational structures of Ministries and ministerial-level agencies;

Pursuant to the Government’s Decree No. 186/2007/ND-CP of December 25, 2007 on functions, responsibilities, jurisdiction and organizational structure of The Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director General of the Department of Personnel and Organization;

DECIDES:

Article 1. The Department of Occupational Safety and Health is a unit of the Ministry of Labor - Invalids and Social Affairs, has the duties to assist the Minister in execution the state management function in the area of occupational safety and labor protection in the whole country as prescribed by laws.

Article 2. The Department of Occupational Safety and Health has the following duties

1. Carrying out formulate, research works and submitting to the Ministry

a) Strategies, programs, long-term and annual plans, projects on labor safety, labor protection;

b) Drafts of laws and ordinances and other legal documents on labor safety, labor protection;

c) On regimes of labor protection

- Provision of personal protective equipment during working;

- Standards and classification of works according to working conditions;

- Allowance in kind;

- Compensation to workers suffering from labor accidents or occupational illnesses;

- Working conditions, working and rest hours;

d) On labor safety and safety technical standards

- The national technical standards on labor safety;

- List of equipment, machinery and materials with strict requirements of labor safety;

- General regulations and guidelines on registration, inspection to equipment, machinery and materials with strict requirements of labor safety;

- The Ministry’s appraisal comments and advices to the other ministries and sectors on promulgation of:

+ Process of inspection to equipment, machinery and materials with strict requirements of labor safety;

+ Criteria and operating conditions of safety and technical inspection units

- Regulations and guidelines to quality checking of special products and goods on labor safety as prescribed by laws;

- List of hazardous and dangerous occupations and works and list of specially hazardous and dangerous occupations and works;

- National programs on labor protection, labor safety and occupational hygiene; national week on labor safety and occupational hygiene and prevention of fire and explosion;

- Comments and advices to join with the Ministry of Health in promulgation of list of occupational illnesses;

2. Directing, providing guidelines to and checking the implementation of State's and Ministry’s regulations on labor safety and labor protection as assigned by the Ministry.

3. Conducting activities of information, propagation, dissemination and education on law on labor safety and labor protection as assigned by the Ministry; updating information, statistics, reports of labor accidents.

4. Managing labor safety training (conditions of training activities, criteria of trainers and instructors, contents of training courses on labor safety).

5. Coordinating in formulation of standards, occupational criteria, professional activities of specialized staff ranks, regimes, and policies applied to cadres, civil servants, public employees operating in the assigned area, criteria for staff classification, number of staff of the public non-business units in the field of labor safety management.

6. Providing guidelines to, checking activities of technical and safety inspection centers of the Ministry which provide safety and technical inspection to equipment, machinery and materials with strict requirements of labor safety.

7. Assisting the Ministry to implement the state management function to associations and NGOs operating in labor safety and labor protection area.

8. Conducting international cooperation activities as assigned by the Ministry.

9. Carrying out scientific research works, taking part in activities of training on labor safety and labor protection to cadres, civil servants, public employees as assigned by the Ministry.

10. Conducting preliminary and final reviews, making periodical and incidental reports on labor safety and labor protection.

11. Managing cadres, civil servants, public employees, material basis, finance and assets as prescribed by legislation and decentralization of the Ministry.

12. Performing other tasks as requested by the Ministry.

Article 3. Organizational structure of the Department

1. The Department of Labor Safety and Health has a Director and a number of Deputy Directors.

2. Functional divisions and units include:

- Division of policies of Occupational Safety and Protection;

- Division of Occupational Safety technical Standards and Criteria;

- Division of Information, Propagation and Training;

- Department Office;

- Centre for Occupational Safety and Hygiene Training (non-business unit).

Article 4. The Department’s Director General shall promulgate and implement regulations on working and mission relation of the Department; specify functions and duties of the affiliated divisions; manage and allocate, arrange tasks and jobs for cadres, civil servants, public employees of the Department in order to ensure the completion of the assigned tasks.

Article 5. The Department has the legal person status, own seal and account as prescribed.

Article 6. This Decision comes into force from the date of signing and all previous documents of the Ministry, which are contrary to this Decision, are hereby annulled.

Article 7. The Chief of the Ministry Office, the Director General of the Department of Personnel and Organization, the Director General of the Department of Planning - Finance, the Director General of the Department of Occupational Safety and Health and the heads of the related units shall implement this Decision.