Nghị định 14/2017/ND-CP

DECREE

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

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to Government's Decree No. 123/2016/ND-CP dated September 1, 2016 on functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

At the request of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates a Decree on functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs.

Article 1. Position and functions

The Ministry of Labor, War Invalids and Social Affairs is an authority of the Government performing the roles of regulatory agencies in the fields of: labor, wages; employment; vocational education; social insurance; occupational safety and hygiene; meritorious people; social protection; children, gender equality; prevention and combating of social issues (hereinafter referred to as the fields of labor, meritorious people and social affairs) nationwide; and performing the roles of regulatory agencies in public administration services in the sectors and fields under its scope of management.

Article 2. Tasks and powers

The Ministry of Labor, War Invalids and Social Affairs shall perform tasks and exercise powers specified in the Government's Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of Ministries and Ministerial-level agencies, and the following specific tasks and powers:

1. Submit to the Government bills, draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee, and draft decrees of the Government in accordance with its annual program on law formulation that has been approved, and resolutions, projects and schemes as assigned by the Government or the Prime Minister.

2. Submit to the Prime Minister long-term, five-year and annual development strategies, master plans and plans as well as national important projects and works in the sectors and fields under its scope of management.

3. Submit to the Prime Minister the draft decisions, directives, national objective programs, national programs, national action programs and other documents in the sectors and fields under its state management scope or as assigned by the Government and/or the Prime Minister.

4. Promulgate circulars and other documents on the state management in the sectors and fields under its management.

5. Direct and provide guidelines for legislative documents, strategies, master plans, plans, national target programs, national programs, national action programs, national important projects and works that have been approved; inform, propagate, raise awareness of laws in the fields under its scope of management.

6. Labor and wages:

a) Provide guidelines for laws on labor contracts, labor discipline, material liability, dialogues at the workplace, collective bargaining, collective bargaining agreement, settlement of labor disputes and strikes;

b) Provide guidelines for laws on minimum salaries, labor productivity standard, pay scale, salary scale, allowances, or payment of wages in any enterprise, agency, organization, cooperatives, household and individual that has employed labor in accordance with the Labor Code;

c) Provide guidelines for labor law in respect of female employees, minor employees, elderly employees, disabled employees, employees being domestic workers and other employees;

d) Provide guidelines for registration and management of operation of employee representatives as prescribed by labor law; discharge the duties of national-level contact point in terms of labor sector in the course that Vietnam entering into international trade agreements;

dd) Provide guidelines for wages, bonuses, and remuneration paid to employees and managers working in state-owned enterprises, state-invested enterprises.

7. Employment:

a) Provide guidelines for regulations of law on employment; recruitment and management of Vietnamese employees and foreign employees working in Vietnam;

b) Provide guidelines for and facilitate the collection, storing, consolidation, analysis, forecast, and announcement of labor market information in the sectors or fields in charge, other than labor market information being national statistical indicator. Promulgate regulations on management, use, and publishing of labor market information; build a network of information and data about labor market;

c) Provide guidelines for implementation of law on organization and operation of employment services;

d) Provide guidelines for formulation, appraisal, and publishing of national standards of vocational skills; regulations on issue of national vocational skill certificates;

dd) Provide guidelines for implementation of law on unemployment insurance;

e) Provide guidelines for management and use of National Employment Fund as prescribed by law.

8. Vocational education (except for pedagogy):

a) Take charge and cooperate with relevant Ministries and agencies in providing guidelines for and implementing regulations of law on vocational education;

b) Promulgate charters of junior colleges, professional secondary schools vocational education centers; regulations of enrollment and training; regulations on exams, tests, and graduation assessment;

c) Stipulate templates of diplomas and certificates, printing, management, supply, revocation, and annulment of diplomas and certificates; define responsibilities of foreign-invested vocational institutions for issue of diplomas and certificates in Vietnam; stipulate the recognition of equivalent foreign vocational degrees or certificates;

d) Stipulate minimum body of knowledge required at each training level; procedures for formulation, assessment, and promulgation of training program of elementary, intermediate and college levels; compilation, selection, assessment, approval, and use of vocational education textbooks;

dd) Manage and implement the vocational education quality assessment;

e) Manage and provide training courses for teachers and administrative officers of vocational education, instructors of continuing training programs;

g) Decide or permit the establishment of junior colleges, recognize principals of private vocational colleges within its competence.

9. Vietnamese guest workers:

a) Provide guidelines for and implement regulations of law on Vietnamese guest workers;

b) Develop overseas labor market;

c) Formulate and provide guidelines for training programs for Vietnamese guest workers; regulations on contents, programs, and certificates provided for workers before they are going to participate in guest worker program;

d) Decide the issuance, replacement, and revocation of operation licenses of guest worker program as prescribed by law;

dd) Provide guidelines for registration of contracts by enterprises and guest workers in the form of individual contracts; supervision of contract execution by enterprises;

e) Cooperate with the Ministry of Foreign Affairs in directing the management and protection of rights and legitimate interests of Vietnamese guest workers;

g) Manage Overseas Employment Support Fund.

10. Social insurance:

a) Direct, provide guidelines for policies and laws on social insurance;

b) Provide guidelines for and implement the reporting of social insurance; handling of complaints, denunciation, and actions against violations of law on social insurance;

c) Provide training courses in social insurance as prescribed by law.

11. Occupational safety and hygiene:

a) Provide guidelines for and implement regulations of law on occupational safety and hygiene; modes of employment, hours of work, hours of rest; national programs for occupational safety and hygiene; make national documents on occupational safety and hygiene;

b) Stipulate indemnities for occupational accidents and occupational diseases; occupational accidents benefits; in-kind allowances for employees in conditions with dangerous or harmful factors;

c) Promulgate lists of machinery, equipment, materials or substances subject to strict requirements for occupational safety and hygiene in consideration of requests made by relevant Ministries as prescribed by law, take charge implementation of regulatory roles in training in occupational safety and hygiene and operation of machinery, equipment, materials subject to strict requirements for occupational safety;

d) Promulgate a list of jobs subject to strict requirements for occupational safety and hygiene; a list of extremely heavy, hazardous or dangerous and jobs and works. Stipulate criteria for classifying employees by working conditions; provision of personal safety equipment;

dd) Formulate national standards; promulgate national technical regulation on occupational safety and hygiene within its scope of management;

e) Promulgate procedures for assessment of machinery, equipment, supplies and manage substances subject to strict requirements for occupational safety and hygiene within its scope of management. Request other Ministries and agencies to promulgate procedures for assessment of machinery, equipment, supplies and manage substances subject to strict requirements for occupational safety and hygiene within their scope of management as prescribed by law.

g) Provide guidelines for quality inspection of particular goods and products relating to labor safety as prescribed by law;

h) Investigate occupational accidents; implement and provide guidelines for collection, storing, consolidation, provision, disclosing, and evaluation of occupational accidents, technical breakdowns leading serious unsafety and insanitary; build and manage database of labor safety nationwide;

i) Provide guidelines for and initiate the Occupational Safety and Hygiene Action Month.

12. Meritorious people:

a) Provide guidelines for and implement policies and regulations of law on incentives for people with meritorious services to the revolution;

b) Stipulate regime, norms, and methods of supplying orthopedic devices and aid devices for people with meritorious contributions to the revolution;

c) Stipulate management of works built for revolutionary martyrs;

d) Provide guidelines for receiving and gathering mortal remains of revolutionary martyrs; information about graves of revolutionary martyrs;

dd) Cooperate with Ministries, agencies, local governments, and socio-political organizations in organizing gratitude movement, and manage the Gratitude Fund.

13. Social protection:

a) Provide guidelines for and implement policies and regulations of law on poverty reduction and social aid;

b) Implement national target program for stable poverty reduction and programs/projects for social aid within its competence;

c) Specify conditions for implementation, organization and operation of social aid facilities;

d) Stipulate the procedures for receipt of entities sent to social aid facilities and from social aid facilities back to their families.

14. Children:

a) Provide guidelines for and implement regulations of law on children within entitlements and responsibilities of the Ministry of Labor, War Invalids and Social Affairs;

b) Take charge and cooperate with relevant Ministries and agencies in instructing the formulation, implementation of strategies, policies, and national targets relating to children;

c) Coordinate the exercise of children’s rights; take charge and cooperate with relevant agencies and organizations in instructing and conducting the prevention and combating of accidents and injuries to children, and the care and rearing of children in special circumstances;

d) Take charge and cooperate with Ministries, agencies, local governments, socio-political organizations, and relevant organizations in carrying out Children Action Month, programs/plans relating to children under responsibilities of the Ministry of Labor, War Invalids and Social Affairs;

dd) Build and provide training in exercise of children’s rights for officials and civil servants, any persons in charge of protection and/or care of children, and a network of children protection collaborators.

e) Manage and use National Fund For Vietnamese Children.

15. Prevention and combating of social issues:

a) Provide guidelines for regulations of law on policies and measures for prevention of prostitution; drug detoxification; post-detoxification management;

b) Provide guidelines for organization and operation of detoxification centers, post-detoxification establishments as prescribed by law;

c) Stipulate education programs for restoring behavior and personalities; vocational education and social reintegration into the community provided for drug addicts;

d) Formulate and request competent authorities to promulgate assistance policies for victims of human trafficking; provide guidelines for adoption of measures for victims of human trafficking within its competence;

dd) Direct the combining the matter of prevention and combating of human trafficking with programs for poverty reduction, vocational education, assistance of job creation, prevention and combating of social issues, gender equality, and children protection.

16. Gender equality:

a) Provide guidelines for gender equality as prescribed by law;

b) Evaluate the combination of gender equality in formulation of legislative documents;

c) Review and report the implementation of gender equality principles as prescribed by law to competent authorities.

17. Instruct and implement the statistics on the fields of labor, meritorious people and social affairs as prescribed by law; create database and statistical information system of Ministries and agencies.

18. Manage the application of information technology in the fields of labor, meritorious people and social affairs.

19. Manage medically-specialized activities in units within the fields of labor, meritorious people and social affairs having medical activities.

20. Public administration services:

a) Perform the state management of public services in the sectors and fields under its state management scope;

b) Formulate and promulgate economic and technical norms standards; regulations on bidding, commissioning, provision of public administration services; regulations on criteria and standards for quality of public administration services; regime for supervision, evaluation, and assessment of public administration services, performance of public service providers within its scope of management;

c) Provide guidelines for implementation of policies and regulations of law and enable organizations to render public administration services within its scope of management.

21. Instruct and implement international cooperation and international integration in the fields of labor, meritorious people and social affairs.

22. Decide and direct implementation of administrative reform programs of the Ministry of Labor, War Invalids and Social Affairs in accordance with objectives and contents of the administrative reform programs approved by the Government and/or the Prime Minister.

23. Manage associations, non-governmental organizations operating in the fields of labor, meritorious people and social affairs as prescribed by law.

24. Manage organizational apparatus, personnel, officials and civil servants, employees; implement wage policies and other policies applicable to officials and civil servants within its scope of management as prescribed by law.

25. Undertake scientific research, application of technological advances in the fields of labor, meritorious people and social affairs.

26. Carry out inspection; settlement of claims and denunciation; prevention and combating of corruption; thrift practice, anti-dissipation, and actions against violations as prescribed by law.

27. Manage financial matters, assigned property, and execute budget as prescribed by law.

28. Perform other duties and entitlements assigned by the Government, the Prime Minister and as prescribed by law.

Article 3. Organizational structure

1. Department of Social Security.

2. Department of Gender Equality.

3. Legal Department.

4. Department of International Cooperation.

5. Department of Organization and Personnel.

6. Department of Planning and Finance.

7. Inspectorate.

8. Office.

9. Department of Employment.

10. Department of Labor Relation and Wage.

11. Department of Overseas Labor Management.

12. Department of Labor Safety.

13. Department of Meritorious People.

14. Department of Children.

15. Department of Social Protection.

16. Department of Prevention and Combating of Social Issues.

17. General Department of Vocational Education.

18. Institute of Labor and Social Sciences.

19. Information Center.

20. Labor and Society Journal.

21. Family and Children Journal.

22. Labor and Society Newspaper.

23. Labor-Society Officials and Civil Servant Institution.

In this Article, the units specified in from clause 1 to clause 17 shall be administrative units assisting the Minister in realization of the state management function and units specified in from clause 18 to clause 23 shall be public non-business units serving for the Ministry's state management function.

The Minister of Labor, War Invalids and Social Affairs shall request the Government to promulgate a decision on functions, tasks, powers and organizational structure of the General Department of Vocational Education.

The Minister of Labor, War Invalids and Social Affairs shall promulgate decisions defining the functions, tasks, powers and organizational structure of Departments, Inspectorates, public service providers and other units affiliated to the Ministry as prescribed by law. the

The Organization and Personnel Department is entitled to organize 03 divisions. the Legal Department, the Department of International Cooperation, and Department of Planning and Finance are entitled to organize 04 divisions. Inspectorate is entitled to organize 07 divisions. Office is entitled to organize 10 divisions.

Department of Labor Relation and Wage; Department of Social Protection; Department of Prevention and Combating of Social Issues are entitled to organize 05 divisions. Department of Employment; Department of Labor Safety; Department of Children are entitled to organize 06 divisions. Department of Overseas Labor Management, Department of Meritorious People is entitled to organize 07 divisions.

Article 4. Entry into force

1. This Decree comes into force from the date on which it is signed.

2. This Decree replaces the Government's Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs. Any regulations previously promulgated not in accordance with this Decree shall be annulled.

Article 5. Implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities shall implement this Decree./.