Nghị định 106/2012/ND-CP

DECREE

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

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

Pursuant to the Government's Decree No. 36/2012/ND-CP of April 18, 2012, defining the functions, tasks, powers and organizational structures of Ministries and Ministerial-level agencies;

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

The Government promulgates the Decree defining the 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 agency of Government performing the state management of the fields of employment, vocational training, labor, salaries, wages, social insurance (compulsory social insurance, voluntary social insurance and unemployment insurance), labor safety, meritorious people, social protection, children protection and care, gender equality, and social evil prevention and combat (hereinafter referred to as the fields of labor, meritorious people and social affairs) nationwide; and the state management of public services in the sectors and fields under its state management scope.

Article 2. Tasks and powers

The Ministry of Labor, War Invalids and Social Affairs shall implement the tasks and powers specified in the Government's Decree No. 36/2012/ND-CP of April 18, 2012, defining the functions, tasks, powers and organizational structures of Ministries and Ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government bills, draft resolutions which are legal documents of the National Assembly, draft ordinances and draft resolutions which are legal documents of the National Assembly Standing Committee, and draft decrees of the Government according to its approved annual programs on law formulation, and resolutions, projects and schemes as assigned by the Government or 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 state management scope.

2. To 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.

3. To promulgate circulars, decisions, directives and other documents on the state management in the sectors and fields under its management.

4. To direct, guide and organize the implementation of legal documents, strategies, master plans, plans, national target programs, national programs, national action programs, national important projects and works after they have been approved; to inform, propagate, disseminate and education of laws in the fields under its state management scope.

5. For employment and unemployment insurance:

a. To guide the implementation of laws on employment polices, policies to develop labor market, targets creating new employment and promotion to create new employment; recruitment and management of Vietnamese laborers and foreign laborers working in Vietnam; employment policies for special subjects and movable laborers; laborers who are lost jobs during the reorganization of state enterprises;

b. To guide the mechanism on implementation of projects of the national objective program on employment under its competence;

c. To specify conditions for the establishment, organization and operation of employment service organizations;

d. To guide and organize implementation of employment transaction activities;

dd. To organize the system of labor market information; to collect and provide database on the labor market to organizations and individuals that have demand;

e. To guide, examine and organize the implementation of laws on unemployment insurance.

6. For Vietnamese laborers going abroad for working under contracts:

a. To guide the implementation of laws on Vietnamese laborers going abroad for working under contracts;

b. To develop the overseas labor markets;

c. To formulate and guide the implementation of plans on training labor source going abroad for working; to provide for contents, programs and certificates of training for laborers before going abroad for working;

d. To provide for permits; decide on grant, change, withdrawal of the operation permits of service sending laborers abroad for working;

dd. To organize and guide the contract registration of enterprises and laborers going abroad for working under individual contracts; to supervise the contract performance of enterprises;

e. To coordinate with the Ministry of Foreign Affairs in organizing and directing the management and handling of issues involving Vietnamese laborers working abroad under contracts;

g. To manage the Overseas Employment Support Fund.

7. For vocational field:

a. To organize, examine, assume the prime responsibility for, and coordinate with relevant ministries and sectors in guiding policies and regimes on vocational teaching and learning;

b. To build a network planning of vocational colleges, vocational secondary schools and vocational centers; to specify conditions for the establishment, organization and operation of vocational facilities; the model charters of vocational colleges and vocational secondary schools; model regulations of vocational centers; standards on material facilities and vocational equipment;

c. To provide for a list of training occupations; framework programs for training at qualifications of vocational college and vocational secondary school; regulations on enrolment, examination, test, recognition of graduation and grant of vocational diplomas and certificates; forms of vocational diplomas and certificates;

d. To provide for principles, processes and organize the formulation of national vocational skill standards; to manage the assessment and grant of national vocational skill certificates;

dd/ To provide for standards and processes on accreditation of vocational quality;

e. To decide on the establishment of vocational colleges; to recognize principals of private vocational colleges under its competence.

8. For labor and salaries

a. To guide the implementation of labor contracts, dialogues in the workplaces, collective negotiation, collective labor agreements, labor disciplines, material liabilities, settlement of labor disputes and strikes;

b. To guide the implementation of minimum wages and wage regimes for laborers and persons holding the leading and management titles in state enterprises; wage regimes in enterprises operating under the Enterprise Law and organizations or individuals employing laborers in accordance with the Labor Code;

c. To guide the implementation of wage regimes in respect with employees in state enterprises studying or working overseas; wage regimes for foreign employees working in state enterprises; and preferential treatment regimes for employees with special-working conditions;

d. To provide for principles in formulating labor norms, worker technical standards, professional and specialized standards in state enterprises.

9. For compulsory and voluntary social insurance:

a. To guide, examine the implementation of regimes and policies on compulsory and voluntary social insurance as well as other social insurance forms as prescribed by law;

b. To provide the regime of information and reporting on social insurance; to settle complaints, denunciations and handle violations on social insurance law.

10. For labor safety:

a. To guide the implementation of laws on labor safety and labor conditions; paying compensation for labor accidents and occupational diseases; working regimes, working time and rest time for employees;

b. To coordinate with the Ministry of Health in providing for and guiding the implementation of the regime on allowances in kind for employees working in conditions with dangerous or hazardous elements as prescribed by laws; to promulgate a list of occupational diseases;

c. To promulgate lists of machines, equipment and materials subject to strict requirements on labor safety; personal protection equipment for laborers; hard, hazardous and dangerous occupations and jobs and especially hard, hazardous and dangerous occupations and jobs;

d. To provide for and guide the implementation of the regime on equipping personal protection equipment; and criteria for classifying jobs according to the working conditions;

dd. To provide for and generally guide the inspection of machines, equipment and supplies subject to strict requirements on labor safety;

e. To promulgate the testing processes applicable to machines, equipment and supplies subject to strict requirements on labor safety under its management scope;

g. To appraise to help Ministries managing sectors, fields in promulgation of inspection processes applicable to machines, equipment and supplies subject to strict requirements on labor safety; operation criteria and conditions of inspection organizations;

h. To provide for and guide the quality inspection of special products and goods in labor safety as prescribed by law;

i. To promulgate a system of national technical regulations on labor safety;

k. To assume the prime responsibility for and coordinate in guiding and organizing the implementation of the national program on labor protection, labor safety and hygiene; the national week of labor safety, labor hygiene and prevention and fighting against fire and explosion;

l. To manage the declaration, investigation, statistics and reporting on labor accidents; to summarize and report to competent authorities on labor accidents nationwide.

11. For meritorious people

a. To guide, inspect the implementation of laws and policies on preferential treatment for people with meritorious contributions to the revolution;

b. To provide for regimes, norms and methods of equipping and supplying orthopedic equipment and aid devices for people with meritorious contributions to the revolution;

c. To coordinate with Ministries, sectors, localities and socio-political organizations in organizing the gratitude movements and managing the "gratitude fund”;

d. To make plan and guide the zoning of the network of facilities feeding and nursing the meritorious people and works built for accredited fallen heroes;

dd. To provide for management of works built for accredited fallen heroes;

e. To guide the receipt and gathering bones of fallen heroes; information on graves of fallen heroes.

12. For social protection:

a. To guide, examine the implementation of laws on poverty reduction and social aid;

b. To organize the implementation of the national objective program on poverty reduction and social aid programs under its competence;

c. To guide to formulate the network zoning of social protection facilities;

d. To specify conditions for the establishment, organization and operation of social protection facilities;

e. To stipulate the procedures for receipt of subjects sent to social protection facilities and from social protection facilities back to their families.

13. For children protection and care

a. To guide the implementation of laws on children protection and care policies within the scope of its powers and duties;

b. To specify conditions for the establishment, organization and operation of children aid facilities;

c. To stipulate procedures for receipt of children with special circumstances into children aid facilities and from children aid facilities back to their families;

d. To assume the prime responsibility for, and coordinate with Ministries, sectors, localities, socio­-political organizations and other organizations in implementing the national action program for children; the program on children protection, care and education of children with special circumstances and other programs and plans on children protection, care and education;

e. To manage and use the Vietnam Children Protection Fund.

14. For prevention and fighting against social evils:

a. To guide the implementation of laws on policies and solutions to prevent from prostitution evils; drug detoxification; post-detoxification management; support for trafficking victims;

b. To guide the building of network zoning of medical treatment-education-social labor centers and post-detoxification management facilities;

c. To specify conditions for the establishment, organization and operation of medical treatment-education-social labor centers and post-detoxification management facilities; to grant and withdraw permits for voluntary drug detoxification facilities as prescribed by law;

d. To provide for programs on education, vocational training and community reintegration for sex workers and drug addicts;

e. To stipulate procedures for the sending subjects into medical treatment-education-social labor centers and post-detoxification management facilities.

15. For gender equality:

a. To guide the gender equality implementation as prescribed by law;

b. To participate in evaluating the integration of gender equality issue in the formulation of legal documents;

c. To review and report on the gender equality implementation to competent agencies as prescribed by law.

16. To guide and organize implementation of statistic work in the fields of labor, meritorious people and social affairs as prescribed by law; to build database and statistical information and system of the Ministry and sectors.

17. To manage the application of information technology in the fields of labor, meritorious people and social affairs as prescribed by law.

18. To manage medically-specialized activities in units within the fields of labor, meritorious people and social affairs having medical activities as prescribed by law.

19. For public services:

a. To perform the state management of public services in the sectors and fields under its state management scope as prescribed by law;

b. To formulate and promulgate standards, processes, regulations and techno-economic norms for operation of organizations supplying public services under sectors and fields managed by it;

c. To guide organizations supplying public services as prescribed by law.

20. To implement international cooperation and integration in the fields of labor, meritorious people and social affairs as prescribed by law.

21. To decide on and direct the implementation of its administrative reform program in accordance with the objectives and contents of the state administrative reform program already approved by the Government or the Prime Minister.

22. To exercise the rights and perform the obligations of the state owner with respect to state-owned single-member limited liability companies and state capital invested in other enterprises that are organized and operating under the Enterprise Law within its management responsibility.

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

24. To manage its organizational apparatus, payroll, cadres, civil servants and public employees; to implement salary regimes and regimes, policies on preferential treatment, reward and discipline applicable to cadres, civil servants and public employees under its management as prescribed by law.

25. To study on science, apply scientific, technical and technological advances in the fields of labor, meritorious people and social affairs.

26. To conduct examination and inspection; to settle complaints and denunciations; to prevent and fight against corruption, negative practices and handle violations as prescribed by law.

27. To manage finances and assigned assets and organize the realization of allocated state budgets as prescribed by law.

28. To perform other tasks and other powers as assigned by the Government or the Prime Minister and as prescribed by law.

Article 3. Organizational structure

1. The Department of Labor and Salary.

2. The Department of Social Insurance.

3. The Department of International Cooperation.

4. The Department of Gender Equality.

5. The Department of Planning and Finance.

6. The Department of Legal Affairs.

7. The Department of Organization and Personnel.

8. The Ministerial Inspectorate.

9. The Ministerial Office.

10. The Department of Overseas Labor Administration.

11. The Department of Occupational Safety and Health.

12. The Department of the meritorious people to the Country.

13. The Department of Social Evil Prevention.

14. The Department of Employment.

15. The Department of Social Protection.

16. The Department of Children Protection and Care.

17. The Directorate of Vocational Training.

18. The Information Center

19. The Institute of Labor Science and Social Affairs.

20. The Orthopedics and Rehabilitation Institute.

21. The Labor and Society magazine.

22. The Family and Children magazine.

23. The Labor and Society newspaper.

24. The Training and Improving School for Cadres and Public Employees of Labor and Social Affairs.

In this Article, the units specified in from clause 1 to clause 17 shall be units assisting the Minister in realization of the state management function and units specified in from clause 18 to clause 24 shall be public non-business units serving for the Ministry's state management function.

The Department of Labor and Salary is entitled to organize 03 divisions; the Department of International Cooperation is entitled to organize 04 divisions; the Department of Planning and Finance is entitled to organize 04 divisions; the Department of Legal Affairs is entitled to organize 03 divisions; and the Department of Organization and Personnel is entitled to organize 03 divisions.

The Minister of Labor, War Invalids and Social Affairs shall submit to the Prime Minister for promulgation of decision defining the functions, tasks, powers and organizational structure of the Directorate of Vocational Training and the list of other the Ministry’s public non-business units already established by competent authorities.

Article 4. Effect

1. This Decree takes effect on March 01, 2013.

2. This Decree replaces the Government's Decree No. 186/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs; annuls other previous provisions which are contrary to this Decree.

Article 5. Implementation responsibility

Ministers, heads of Ministerial-level agencies, heads of Government-attached agencies, and chairpersons of provincial People's Committees shall implement this Decree.