Nghị định 39/2013/ND-CP

DECREE

ON ORGANIZATION AND OPERATION OF THE LABOR, INVALIDS AND SOCIAL AFFAIRS INSPECTORATE

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

Pursuant to the Inspection Law dated November 15, 2010;

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

The Government promulgates Decree on organization and operation of the Labor, Invalids and Social Affairs inspectorate.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes organization and operation of inspectorate agencies of Labor, Invalids and Social Affairs; inspectors, civil servants conducting specialized inspection, collaborators of the Labor, Invalids and Social Affairs inspectorate; and responsibilities of agencies, organizations and individuals in inspection operation of Labor, Invalids and Social Affairs.

Article 2. Subjects of inspection

1. Agencies, organizations and individuals under the management of the Ministry of Labor, Invalids and Social Affairs and the provincial Labor, Invalids and Social Affairs Departments.

2. Vietnamese and foreign agencies, organizations and individuals who have obligations to observe law in the domains under the state management scope of the Ministry of Labor, Invalids and Social Affairs and the provincial Labor, Invalids and Social Affairs Departments.

Article 3. Application of treaties

In case a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides in comparison with provisions of this Decree, such treaty will prevail.

Article 4. Operational principles of the Labor, Invalids and Social Affairs inspectorate

1. The operation of the Labor, Invalids and Social Affairs inspectorate must comply with law, and ensure accuracy, honesty, objectiveness, publicity, democracy and timeliness.

2. Administrative inspection activities are conducted by inspection teams; specialized inspection activities may be conducted by inspection teams or by inspectors or specialized civil servants independently.

Chapter 2.

ORGANIZATION, TASKS AND POWERS OF INSPECTRORATE AGENCIES OF LABOR, INVALIDS AND SOCIAL AFFAIRS

Article 5. Inspectorate agencies of Labor, Invalids and Social Affairs

1. State inspectorate agencies:

a) Inspectorate of the Ministry of Labor, Invalids and Social Affairs;

b) Inspectorates of the provincial Labor, Invalids and Social Affairs Departments.

2. Agencies assigned to conduct specialized inspectorate function:

a) Directorate of Vocational Training;

b) Department of Overseas Labor Administration.

Article 6. Inspectorate of the Ministry of Labor, Invalids and Social Affairs

1. Inspectorate of the Ministry of Labor, Invalids and Social Affairs is an agency of the Ministry of Labor, Invalids and Social Affairs, which assists the Minister of Labor, Invalids and Social Affairs in performing the state management on inspection, settlement of complaints and denunciations, and prevention and combat against corruption; conducts administrative and specialized inspection; settles complaints and denunciations and prevents and combat against corruption in the domain of labor, invalids and social affairs nationwide.

2. Inspectorate of the Ministry of Labor, Invalids and Social Affairs includes chief inspector, deputy chief inspectors, inspectors and other civil servants.

3. Inspectorate of the Ministry of Labor, Invalids and Social Affairs is organized into professional sections which are established under decisions of the Minister of Labor, Invalids and Social Affairs.

4. Inspectorate of the Ministry of Labor, Invalids and Social Affairs is subject to the direction and administration of Minister of Labor, Invalids and Social Affairs and the professional direction and guide of Government Inspectorate.

Article 7. Tasks and powers of Inspectorate of the Ministry of Labor, Invalids and Social Affairs

Inspectorate of the Ministry of Labor, Invalids and Social Affairs has the tasks and powers defined in Article 18 of the Inspection Law and the following tasks and powers:

1. To preside over or participate in formulating legal documents as assigned by the Minister of Labor, Invalids and Social Affairs.

2. To organize training in specialized inspection operation for inspectors and civil servants assigned to conduct specialized inspection tasks of Labor, Invalids and Social Affairs.

3. To disseminate, guide, urge and examine agencies and units of the Ministry in implementation of the inspection law.

4. To review and learn experiences from inspection operations of labor, invalids and social affairs.

5. To have scientific researches in inspection of labor, invalids and social affairs.

6. To implement international cooperation in inspection of labor, invalids and social affairs.

7. To sum up and report to the Minister of Labor, Invalids and Social Affairs and the Government Inspector General on results of inspection, settlement of complaints and denunciations, and prevention and combat against corruption within management scope of the Ministry of Labor, Invalids and Social Affairs in accordance with law.

8. Other tasks and powers in accordance with law.

Article 8. Tasks and powers of the Chief Inspector of Ministry of Labor, Invalids and Social Affairs

The Chief Inspector of the Ministry of Labor, Invalids and Social Affairs shall execute tasks and powers specified in Article 19 of the Inspection Law and the following tasks and powers:

1. To report to the Minister of Labor, Invalids and Social Affairs and the Government Inspector General on activities of inspection, settlement of complaints and denunciations, and prevention and combat against corruption within his/her responsibility.

2. To assist the Minister of Labor, Invalids and Social Affairs in examining, verifying, concluding and proposing the settlement of complaints under competence of the Minister of Labor, Invalids and Social Affairs.

3. To assist the Minister of Labor, Invalids and Social Affairs in monitoring, inspecting and urging agencies under the Minister’s direct management in the reception of citizens, settlement of complaints and execution of decisions on settling complaint which have came into effect legally.

4. To verify content of denunciations, make conclusions on verified contents, and propose measures to settle denunciations under the settlement competence of the Minister of Labor, Invalids and Social Affairs as assigned.

5. To consider and conclude the denunciation settlement which have been settled by heads of agencies under the direct management of the Minister of Labor, Invalids and Social Affairs but have signs of law violation. In case where there are grounds to assume that the denunciation settlement of such agencies violates law, to submit to the Minister for consideration and settlement.

6. To assist the Minister of Labor, Invalids and Social Affairs in directing, urging and inspecting agencies and units under the direct management of the Minister of Labor, Invalids and Social Affairs in implementing the communication and reporting regime on prevention and combat against corruption.

7. To inspect responsibilities of heads of agencies and units under management of the Minister of Labor, Invalids and Social Affairs for implementing law on inspection.

8. To requisition civil servants and public employees of relevant agencies and units to join inspection teams.

9. Other tasks and powers as prescribed by law.

Article 9. Inspectorates of the provincial Labor, Invalids and Social Affairs Departments

1. The inspectorate of a provincial Labor, Invalids and Social Affairs Department is an agency of the provincial Labor, Invalids and Social Affairs Department which assists director of the provincial Labor, Invalids and Social Affairs Department in conducting administrative and specialized inspections, settling complaints and denunciations and preventing and combating against corruption in accordance with law.

2. The inspectorate of a provincial Labor, Invalids and Social Affairs Department includes chief inspector, deputy chief inspectors, inspectors and other civil servants.

3. The inspectorate of a provincial Labor, Invalids and Social Affairs Department is subject to the direction and administration of director of the provincial Labor, Invalids and Social Affairs Department; and the inspection direction and professional guide on administrative inspection of the provincial Inspectorate, and specialized inspection operation of the Inspectorate of Labor, Invalids and Social Affairs.

Article 10. Tasks and powers of inspectorates of the provincial Labor, Invalids and Social Affairs Departments

The inspectorate of a provincial Labor, Invalids and Social Affairs Department shall execute the tasks and powers specified in Article 24 of the Inspection Law and the following tasks and powers:

1. To disseminate, guide, examine and urge agencies and units under the management of the provincial Labor, Invalids and Social Affairs Department in implementation of law on inspection.

2. To organize training in specialized inspection operations for inspectors and civil servants conducting inspection work of the inspectorate of the provincial Labor, Invalids and Social Affairs Department.

3. To review and learn experiences from inspection work within the management scope of the provincial Labor, Invalids and Social Affairs Department.

4. To sum up and report on the results of inspection, settlement of complaints and denunciations and prevention and combat against corruption within the management scope of the provincial Labor, Invalids and Social Affairs Department in accordance with law.

5. Other tasks and powers as prescribed by law.

Article 11. Tasks and powers of chief inspectors of the provincial Labor, Invalids and Social Affairs Departments

The chief inspectors of a provincial Labor, Invalids and Social Affairs Departments shall execute the tasks and powers specified in Article 25 of the Inspection Law and the following tasks and powers:

1. To report to director of the provincial Labor, Invalids and Social Affairs Department, Chief Inspector of the Ministry of Labor, Invalids and Social Affairs, and the provincial chief inspector about inspection work, settlement of complaints and denunciations, and prevention and combat against corruption within their management.

2. To inspect responsibilities of heads of agencies and units under management of director of the provincial Labor, Invalids and Social Affairs Department for implementing law on inspection.

3. To requisition civil servants and public employees of relevant agencies and units to join inspection teams.

4. Other tasks and powers as prescribed by law.

Article 12. Tasks and powers of the Vocational Training Directorate

1. To formulate and send to the Inspectorate of the Ministry of Labor, Invalids and Social Affairs plans on specialized inspection of vocational training for summarization and submission to the Minister of Labor, Invalids and Social Affairs for approval; to organize implementation of the approved plans.

2. To inspect cases having signs of law violation in vocational training upon being assigned by the Chief Inspector of the Ministry of Labor, Invalids and Social Affairs.

3. To inspect other cases upon being assigned by the Minister of Labor, Invalids and Social Affairs.

4. To monitor, urge and examine implementation of conclusions, proposals and decisions on handling of vocational training inspection under its competence.

5. To perform tasks of the citizen reception, settlement of complaints and denunciations, and preventing and combating against corruption in accordance with law.

6. To sum up and report to the Inspectorate of the Ministry of Labor, Invalids and Social Affairs on results of inspection, settlement of complaints and denunciations, prevention and combat against corruption in the vocational training domain under its management.

7. Other tasks and powers as prescribed by law.

Article 13. Tasks and powers of the General Director of Vocational Training Directorate

1. To lead, direct and examine specialized inspection of vocational training.

2. To decide on inspection when detecting signs of violation in vocational training.

3. To assign civil servants to conduct specialized inspection of vocational training.

4. To propose to the Chief Inspector of the Ministry for handling of overlaps in subjects, contents and time of vocational training inspection.

5. To propose to competent state agencies for amending and supplementing, or promulgating provisions of law to be conformable with the management requirements in vocational training; to propose termination or cancelation of unlawful provisions detected through vocational training inspection.

6. To sanction administrative violations in accordance with law on handling of administrative violations.

7. Other tasks and powers as prescribed by law.

Article 14. Tasks and powers of the Department of Overseas Labor Administration

1. To formulate and send to Inspectorate of the Ministry of Labor, Invalids and Social Affairs plans on specialized inspection of sending Vietnamese abroad for work under contracts, in order to sum up and submit to the Minister of Labor, Invalids and Social Affairs for approval; to organize implementation of the approved plans.

2. To inspect cases having signs of law violation in sending Vietnamese abroad for work under contract upon being assigned by the Chief Inspector of the Ministry of Labor, Invalids and Social Affairs.

3. To inspect other cases as assigned by the Minister of Labor, Invalids and Social Affairs.

4. To monitor, urge and examine implementation of conclusions, proposals and decisions on handling inspection of sending Vietnamese abroad for work under contracts under its competence.

5. To perform task of the citizen reception, settlement of complaints and denunciations, and prevention and combat against corruption in accordance with law.

6. To sum up and report to the Inspectorate of the Ministry of Labor, Invalids and Social Affairs about results of inspection, settlement of complaints and denunciations, and prevention and combat against corruption in sending Vietnamese abroad for work under contracts.

7. Other tasks and powers as prescribed by law

Article 15. Tasks and powers of director the Department of Overseas Labor Administration

1. To lead, direct and examine the specialized inspection of sending Vietnamese abroad for work under contracts.

2. To decide on inspection when detect signs of law violation in sending Vietnamese abroad for work under contracts.

3. To assign civil servants to conduct the specialized inspection of sending Vietnamese abroad for work under contracts.

4. To propose to the Chief Inspector of the Ministry for handling of overlaps in subjects, contents and inspection duration of sending Vietnamese abroad for work under contracts.

5. To propose to competent state agencies for amending and supplementing, promulgating provisions of law to be conformable with the management requirements in sending Vietnamese abroad for work under contracts; to propose termination or cancelation of unlawful provisions detected through inspection of sending Vietnamese abroad for work under contracts.

6. To sanction administrative violations in accordance with law on handling of administrative violations.

7. Other tasks and powers as prescribed by law.

Article 16. The specialized inspection advisory organs of the Vocational Training Directorate and the Department of Overseas Labor Administration

The specialized inspection advisory organ may be organized as a department at the Vocational Training Directorate and as a division at the Department of Overseas Labor Administrative.

Chapter 3.

INSPECTORS, CIVIL SERVANTS CONDUCTING SPECIALIZED INSPECTION AND INSPECTION COLLABORATORS OF THE LABOR, INVALIDS AND SOCIAL AFFAIRS SECTOR

Article 17. Labor, invalids and social affairs inspectors

1. An inspector of labor, invalids and social affairs is a civil servant appointed to the inspection rank to perform the inspection task of labor, invalids and social affairs.

2. The appointment and dismissal of labor, invalids and social affairs inspectors shall comply with law.

3. Labor, invalids and social affairs inspectors shall execute tasks and powers as prescribed by law.

4. Labor, invalids and social affairs inspectors are provided with inspector uniforms and cards; and enjoyed regimes and policies in accordance with law.

5. The Minister of Labor, Invalids and Social Affairs shall specify the uniform of labor, invalids and social affairs inspectors after unifying with the Government Inspector General.

Article 18. Civil servants conducting specialized inspection of labor, invalids and social affairs

1. A civil servant conducting specialized inspection of labor, invalids and social affairs is a person belonging to the payroll of agency specified in Clause 2, Article 5 of this Decree, who is assigned to execute task of specialized inspection by the head of direct management agency.

2. A civil servant conducting specialized inspection of labor, invalids and social affairs must fully have criteria and conditions as prescribed in Article 12 of the Government’s Decree No. 07/2012/ND-CP of February 09, 2012, on agencies assigned for specialized inspection functions and operations.

3. Civil servants conducting specialized inspection of labor, invalids and social affairs are provided with uniforms and cards of civil servants conducting specialized inspection and enjoyed allowances when execute task of inspection in accordance with law. The Minister of Labor, Invalids and Social Affairs shall provide for the uniform and card of civil servants conducting specialized inspection of labor, invalids and social affairs.

4. Civil servants conducting specialized inspection of labor, invalids and social affairs may sanction administrative violations in accordance with the law on handling of administrative violations.

5. Civil servants conducting specialized inspection of labor, invalids and social affairs are guided specialized professional operation of the Inspectorate of the Ministry of Labor, Invalids and Social Affairs.

Article 19. Inspection collaborators of the Labor, Invalids and Social Affairs sector

1. The inspection collaborators of the Labor, Invalids and Social Affairs sector are persons requisitioned to join inspection team to conduct inspection tasks of labor, invalids and social affairs.

2. Tasks, powers, and regimes of inspector collaborators of the Labor, Invalids and Social Affairs sector shall comply with law.

3. The Minister of Labor, Invalids and Social Affairs shall provide for regulation on inspection collaborators of the Labor, Invalids and Social Affairs sector.

Chapter 4.

INSPECTION OPERATIONS OF THE LABOR, INVALIDS AND SOCIAL AFFAIRS SECTOR

Article 20. Inspection operations

1. Administrative inspection:

a) To inspect the agencies, organizations and individuals specified in Clause 1, Article 2 of this Decree in implementing policies, laws, and their tasks and powers;

b) Administrative inspection activities must comply with law on administrative inspection and relevant laws.

2. Specialized inspection:

a) Implementation of labor law: Implementation of types of regular reports; recruitment and training of employees; labor contracts; collective labor agreements; working and break times; wages and payment to employees; labor safety, labor hygiene; implementation of regulation applicable to female, elderly, disabled and minor employees; implementation of regulation applicable to foreign employees; labor disciplines and material liabilities; and implementation of other provisions of labor law;

b) Implementation of law on social insurance (compulsory and voluntary social insurance, unemployment insurance): Implementation of the social insurance law by social security organizations; implementation of the social insurance law by employers and employees;

c) Implementation of law on sending Vietnamese abroad for work under contracts: Organization of a specialized apparatus of enterprises or non-business unit which sending Vietnamese abroad for work under contracts; signing of contracts relating to sending Vietnamese abroad for work under contracts; recruitment of these workers; vocational and foreign language training for these workers; training in necessary knowledge for these workers before going abroad for work; execution of contracts on sending Vietnamese abroad for work; management and protection of rights and legitimate interests of workers going abroad for work; implementation of regimes and policies applicable to workers going abroad for work; liquidation of contracts between enterprises or non-business units and workers going abroad for work; and implementation of other provisions of law on sending Vietnamese abroad for work under contracts;

d) Implementation of law on vocational teaching; policies and regimes on vocational teaching and learning: Establishment conditions, standards on physical facilities and equipment for vocational teaching, operations of vocational establishments; implementation of regulations on enrollment, examinations, tests, graduation recognition, grant of vocational diplomas and certificates; rights and obligations of organizations and individuals participating in vocational teaching and learning activities; providing the vocational teaching for the disabled; accreditation of vocational teaching quality; implementation of programs and projects on vocational teaching; and implementation of other provisions of law on vocational teaching;

dd) Implementation of policies and laws on preferential treatment for persons with meritorious services to the Revolution: Implementation of regulations on beneficiaries, conditions, criteria and preferential regimes for persons with meritorious services to the Revolution and their relatives; responsibilities of agencies, organizations and individuals for implementing preferential policies and regimes applicable to persons with meritorious services to the Revolution and their relatives; allocation, management and use of funding for the implementation of preferential policies applicable to persons with meritorious services to the Revolution under the management of the Labor, Invalids and Social Affairs sector; management and use of the gratitude fund; and implementation of other regulations on preferential treatment for persons with meritorious services to the Revolution;

e) Implementation of policies and laws on poverty reduction and social relief; implementation of the national target program on poverty reduction and the social relief programs under management of the Labor, Invalids and Social Affairs sector;

g) Implementation of law on child protection and care policy within powers and responsibilities of the Labor, Invalids and Social Affairs sector: Implementation of the national action plan for children; the program on child protection, and care and education for children in special circumstances and other programs and plans on child protection, care and education;

h) Implementation of law on gender equity; implementation of the national target program on gender equity, measures to assure for gender equity;

i) Implementation of law on policies and solutions involving prevention of prostitution; drug addiction treatment; post-drug addiction treatment management; support for victims of human trafficking; organization and activities of disease treatment, education and social labor centers and establishments of post-drug addiction treatment management;

k) Other contents relating to labor, invalids and social affairs field.

Specialized inspection activities must comply with law on specialized inspection and other relevant laws.

Article 21. Settlement of complaints and denunciations

1. To organize the citizen reception; to receive and handle written complaints and denunciations; to settle complaints and denunciations according to competence.

2. To assume the prime responsibility for, and coordinate with relevant agencies in receiving citizens at citizen reception offices.

3. To monitor, inspect and urge implementation of decisions on complaint settlement and decisions on handling of denunciation of the Minister of Labor, Invalids and Social Affairs and the Chief Inspector of the Ministry; directors of the provincial Labor, Invalids and Social Affairs Departments and chief inspectors of the Departments; and heads of agencies assigned to conduct function of specialized inspection.

Article 22. Activities of prevention and combat against corruption

1. To inspect the agencies, organizations and individuals specified in Clause 1 Article 2 of this Decree in implementing law on prevention and combat against corruption.

2. To coordinate with relevant agencies and organizations in detecting corrupt acts.

3. To propose to competent persons for handling persons committing corrupt acts detected through inspection of labor, invalids and social affairs.

Chapter 5.

IMPLEMENTATION PROVISIONS

Article 23. Effect

This Decree takes effect on June 15, 2013 and replaces the Government’s Decree No. 31/2006/ND-CP of March 29, 2006, on organization and operation of the Labor, Invalids and Social Affairs inspectorate.

Article 24. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of governmental agencies, chairpersons of the provincial People’s Committees, and relevant agencies, organizations and persons shall implement this Decree.