THE GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM
No.14/2017/ND-CP Independence - Freedom – Happiness
Hanoi , February 17th, 2017
Stipulating Functions, Duties, Authorities and Organization Structure
of the Ministry of Labour - Invalids and Social Affairs
Pursuant to the Law of the Organization of the Government, dated 19 June 2015;
Pursuant to the Decree No.123/2016/ND-CP dated 01 September 2016 issued by the Government, stipulating functions, duties, authorities and organization of Government Ministries and Ministerial -level offices;
Upon the proposal of the Minister of Labour - Invalids and Social Affairs;
The Government hereby issues this Decree to define functions, duties, authorities and organization structure of the Ministry of Labour - Invalids and Social Affairs.
Article 1. Scopes and Functions
The Ministry of Labour - Invalids and Social Affairs is a Government Ministry, performs state management function on the following areas of: labour, wage and salary, employment, vocational education, social insurances, occupational safety and hygiene, people with special contribution to the country, social protection, children related issues, gender equality, social vices control and prevention (hereinafter referred to as “labour, people with special contribution & social issues”) covers a nationwide scope, including the state management over the public services applied to sectors and areas within the Ministry responsible fields.
Article 2. Duties and Authorities
The Ministry of Labour - Invalids and Social Affairs exercises duties and authorities as pre-described by the Government’s Decree 123/2016/ ND-CP dated 01 September 2016 which specifies duties, authorities and organization structures of Government Ministries and Ministerial-level offices, as detailed below:
1. Submitting to the Government draft laws, draft resolutions of the National Assembly, draft ordinances & resolutions of the Standing Committee of the National Assembly, draft decrees of the Government according to the Ministry’s annual programs of compilation of laws and legal documents as approved by the Government or specified in resolutions, projects, plans as assigned by the Government, the Prime Minister;
2. Submitting to the Government, the Prime Minister strategies, plans, long-term development plans, five-year plans, annual plans, projects, significant National projects of sectors and areas within the authorities of state management of the Ministry.
3. Submitting to Prime Minister draft decisions & directives, draft National Target Programs, draft National Programs, draft National Action Programs and other legal documents of sectors and areas within the Ministry’s authorities of state management or areas assigned by the Government, the Prime Minister.
4. Issuing circulars, decisions, directives and other legal documents on state management applied to sectors and areas within the Ministry’s authorities.
5. Directing, providing guidance and monitoring the implementation of legal documents, strategies, plans, National Target Programs, National Programs, National Action Programs, projects, significant national projects after being approved; conducting information and communication activities and providing legal counseling and education services of areas under the Ministry’s authorities.
6. On labour and salary/ wage:
a Providing guidelines on implementation of regulation on labour contract, work disciplines & physical responsibilities/ liabilities, on conducting social dialogue at work, labour collective bargaining processes; providing guidelines on settlement of labour disputes and strikes;
b) Providing guidelines on implementation of minimum salary, labour norms, labour norms, wage scale, payroll, allowance, salary scheme of enterprises, agencies, organizations, collectives, households and individuals using labour force under the Labour Code;
c) Providing guidelines on implementation of regulation for female labours, adolescent labours, elderly labours, labours who are people with disabilities, domestic workers and other labours;
d) Providing guidelines on registration and operation management of the representative organizing employees in accordance with the regulation; implementing the task of National contact on the field of labour in the process of participating international Commercial Treaties.
dd) Providing guidelines on salary, bonus and wage applied to employees and who hold positions of leaders and managers in State-owned enterprises;
7. On employment:
a) Providing guidelines for implementation & enforcement of legal regulations related to employment; recruitment and management Vietnamese employees and foreign labour working in Vietnam
b) Providing on implementation of collecting, restoring, synthetic, analyzing, forecasting, announcing the labour market information in the sector, responsible authorities excluding the labour market information belong to the National statistic indicators; building information work-net and database on labour market;
c) Providing regulations on conditions of establishment and operation of employment service activities;
d) Providing guidelines on establishment, evaluation and announcement the National Vocational Skill Standard; regulation on issuance of National Vocational Skill Certificate;
dd) Providing guidelines on the implementation of legal regulations and rules applied to unemployment insurance.
e) Providing guidelines on management, using National Fund for Employment in accordance with the regulation.
8. On vocational education (excluding pedagogy issue):
a) The main responsible unit collaborates with relevant ministries, sectors in providing guidelines on the implementation of legal regulations on vocational education;
b) Issuing the regulation of colleges, secondary schools and centers of vocational education; enrollment regulations; the regulation for examination, test, and acknowledgement of graduation;
c) Regulating the format of graduation certificate & occupational certificate, producing, management, issuance, revocation, aborting of the Certificate of vocational training; regulating the duties of the vocational education institutions with foreign investment in issuance Certification in Vietnam; regulating the equivalent recognition for the people graduated vocational training qualifications overseas;
d) Regulating the minimum body of knowledge of every vocational education level; process of formulation, assessment and issuance of training programs of elementary-level, intermediate-level and college-level; compilation, select, evaluation, approval and using Vocational education curriculum.
dd) Managing and implementing the accreditation of vocational education quality;
e) Managing and implementing training, improving teachers and administration staffs, teachers in the continuing training programs;
g) Making decision of establishment of vocational training colleges, acknowledgement of directors of private vocational training institutions within the Ministry’s authorities.
9. On Vietnamese workers working overseas under employment contract:
a) Providing guidelines for implementation of Vietnamese legal regulations related to Vietnamese working overseas under employment contract;
b) Developing overseas labour markets for the Vietnamese workers;
c) Setting up and providing guidelines on implementation of pre-departure training activities to workers working overseas under employment contract; stipulating contents of pre-departure training programs with specified necessary knowledge and issuing certificates to trained workers before departure;
d) Stipulating on operating license; issuing, renewing and withdrawing the operating license of institutions operating in the areas of sending workers to work overseas in accordance with regulation;
dd) Conducting and providing guidelines on contract registration applied to organizations who provide migrant workers, and to individual workers who shall work overseas under individual employment contracts; monitoring implementation of labour supply contracts of organizations;
e) Cooperating with the Ministry of Foreign Affairs in conducting and directing management activities and resolving any issues related to the Vietnamese workers working overseas under employment contracts;
g) Managing the Overseas Work Assistance Fund.
10. On social insurance:
a) Directing and providing guidelines on the implementation of policies, regulations on Social insurance;
b) Providing guidelines on the implementation of scheme of information & reporting of social insurance; of settlement of disputes, claim and condemnation, settlement of violations against social insurance regulations and laws.
c) Organizing training on the social insurance in accordance with regulations and laws.
11. On Occupational safety and health:
a) Providing guidelines on implementation of legal regulations & policies on industrial safety and occupational health, working conditions; providing guidelines on working & rest times; national programme on occupational safety and health; establishing national profile of cases of labour accidents and occupational diseases
b) Stipulating the compensation to cases of labour accidents and occupational diseases; allowance for labour accident; compensation in kind for employees working in environment with dangerous and hazardous factors;
c) Issuing list of machinery, equipment and materials which under strict requirements of labour safety on the base of proposal of relevant Ministries in accordance with regulations and Law; To assume the prime responsibility for implementing the work of State management for training work safety and sanitation activities and inspection of machinery, equipment and materials which under strict requirements of labour safety;
d) Assuming the prime responsibility for issuing the list of jobs with strict requirements on labor safety and hygiene; The list of hazardous, dangerous occupations and list of special hazardous and dangerous occupations. Specify criteria for classifying labour according to working conditions; The mode of providing personal protective equipment in work;
dd) Formulation of national standards; To promulgate national technical regulations on labor safety and sanitation under their respective management;
e) Issuing inspection procedures applied to machinery, equipment and materials which need special requirements on labour safety under the Ministry‘s authorities. Having opinions for other ministries and sectors to promulgate inspection procedures applied to machinery, equipment and materials which need special requirements on labour safety and hygiene under their respective management in accordance with regulations and Law;
g) Stipulating and guiding the quality inspection of specific products and goods on labour safety in accordance with the provisions of law;
h) Investigating occupational accident; Organizing and guiding the collection, storage, synthesis, provision, promulgation and evaluation of the situation of labour accidents, technical incidents causing serious unsafety and labour sanitation; Building and managing a database on occupational safety on the nationwide;
i) Guiding and organizing the implementation of the Action month on Occupational Safety and Hygiene.
12. On people with special contribution:
a) Guiding and implementing the privilege policies and legal requirements to people with special contribution to the revolutionary course;
b) Stipulating schemes, criteria, modes of distribution of artificial limbs, orthopedics & rehabilitation tools & aids to the people with special contribution;
c) Stipulating regulations for management of memorable monuments and historic sites for commemoration of pass-away fighters;
d) Providing guidelines and monitoring activities of finding, collection and receipt of pass-away fighters’ remains, cemeteries and information.
dd) Cooperating with other Ministries, sectors, localities and socio-political organizations to carry out movement of Den on dap nghia (movement of thanks giving to people with special contribution) and managing the “Thanks giving fund”;
13. On social protection:
a) Providing guidelines and monitoring the implementation of legal regulations on poverty elimination and & social assistance;
b) Organizing and directing the implementation of the National Target Program on poverty elimination and programs of social assistance within the given authorities.
c) Stipulating in details on conditions of establishment, organization and operation of social assistance centers.
d) Stipulating procedures of receipt of social-assistance needed people to social assistance centers and their return to community and family;
14. On children’s affairs:
a) Providing guidelines on implementation of legal requirements and policies on children within the given authorities;
b) Hosting, cooperating with the relevant ministries and sectors on guiding the building, implementation the strategies, policies, National goals on Children;
c) Coordinating the implementation of the right of children; hosting, cooperating with relevant agencies and organizations, guiding and implementing the child’s injury prevention and combat and the care and fostering to Children in difficult circumstances;
d) Hosting and cooperating with relevant Ministries, sectors, localities and socio-political organizations and other organizations to implement the Action month for children, Programs, plan for children under the Ministry’s responsibilities;
dd) building, training, fostering the team of staff, officers, public servants, people assigned the work of children protection, people caring children and the work net of collaborators on children protection, implementation the children’s right.
e) Managing and using of national fund for Child Assistance of Vietnam.
15. On social evil prevention and control:
a) Providing guidelines on implementation of legal regulations, policies and solutions for prostitution prevention & drug give-up, managing people of post drug give-up;
b) Providing guidelines on planning & organization of the center system of medical care - education – labour & social affairs, the management center system of post drug give-up people in accordance with the regulation of the Law;
c) Stipulating the program on behavior restoration and personality education; education and vocational training & community re-integration programs applied to prostitutes and drug edicts.
d) Developing and submitting to competent authorities in order to issuing policies to support victims of trafficking; Guiding the implementation of measures to assist victims of trafficking under their jurisdiction;
dd / Directing the mainstreaming of contents on anti-human trafficking in programs on poverty reduction, vocational education, job creation support, social vices prevention, gender equality and child protection.
16. On gender equality:
a) Providing guidelines on implementation of gender equality as specified by laws;
b) Taking part in evaluation of gender equality integration into legal document compilation;
c) Collecting data and preparing reports for submission to authorized bodies on gender equalities as specified by laws.
17. Providing guidelines on implementation of statistics activities in the areas of employment and people with special contribution as specified by laws; setting up the data base and system of labour information/ statistics of the Ministry and sector.
18. Managing activities of IT application in the area of labour & social affairs, and the people with special contribution as specified by laws.
19. Managing specialized medical activities of the units having medical operation in the areas of labour & social affairs and the people with special contribution.
20. On public services:
a) Providing state management over public services within the given authorities of the Ministry as specified by laws;
b) Elaborating and issuing economic-technical standards applied to activities of public service; Regulations on bidding, ordering, assignment of public services; Defining quality criteria and standards of public services; The mechanism for monitoring, evaluating, accrediting the quality of public service and the efficiency of public non-business units the authorities of the Ministry and sector;
c) Providing guidelines and implementation of policies, laws and support to organizations who deliver public services in the management areas.
21. Providing guidelines and implementation of international corporation and integration in the areas of labour & social affairs and people of special contribution.
22. Making decisions and providing guidelines on the Ministry’s program of public administration reform in line with targets and contents of the State program of public administration reform which has been approved by the Government, the Prime Minister.
23. Managing associations, NGOs operating in the areas of labour & social affairs and the people with special contribution as specified by laws.
24. Managing the organization structure, officials, public servants and employees, implementing related regimes of wage and salary and other fringe benefits under the given authorities and as specified by laws.
25. Carrying out scientific research activities and application of new science and technology advances in the areas of labour & social affairs, and the people with special contribution.
26. Carrying out activities of auditing and inspection, providing settlement to claims and condemnation, participating in activities of anti-corruption and settling law violation cases as specified by laws.
27. Managing provided financial resources & assets and managing the use of the authorized budget as specified by laws.
28. Performing other duties and powers as assigned by the Government and the Prime Minister and as specified by laws.
Article 3. Organization structure of the Ministry
1. Department of Social Insurance;
2. Department of Gender Equality;
3. Department of Legal Affairs;
4. Department of International Cooperation;
5. Department of Personnel & Organization;
6. Department of Planning - Finance;
7. The Ministry Inspectorate;
8. The Ministry Office;
9. Department of Employment;
10. Department of Industrial Relationship - Wages
11. Department of Overseas Labour;
12. Department of Work Safety;
13. Department of National Devotees;
14. Department of Children's Affairs;
15. Department of Social Protection;
16. Department of Social Vices Prevention & Combat;
17. Directorate of Vocational Education;
18. Institute of Labour and Social Sciences
19. Labour and Social Affairs Information Centre
20. Magazine of Labour and Social Affairs;
21. Magazine of Family and Children;
22. News Paper of Labour and Social Affairs;
23. Training Institution for Officials, Civil Servants on Labour and Social Affair.
The units from points 1 to 17 in this Article are supporting units which provide the assistance to the Minister in his/ her execution of state management authorities; units from points 18 to 23 in this Article are State-owned business units which provide assistance to the Ministry in execution of its state management functions.
The Minister of Labour - Invalids and Social Affairs is responsible to submit to the Prime Minister for approval and issuance of the Decision which defines functions, duties, authorities and organization structure of the Directorate of Vocational Education.
The Minister of Labour - Invalids and Social Affairs is responsible to promulgate Decisions which defines functions, duties and organization structure of the Departments, the Ministry Inspectorate, the Ministry Office; State-owned business units, and other units under the Ministry as prescribed in regulation.
The Department of Personnel and Organization is divided into 3 sections. The Department of Legal Affairs, Department of International Cooperation, the Department of Planning & Finance have 4 sections. Ministry Inspectorate has 07 sections. Ministry Office has 10 sections.
Article 4. Effective Implementation
1. This Decree takes effect from its signature date.
2. This Decree supersedes the Decree No. 106/2012ND-CP dated 20 December 2012 which stipulates functions, duties, authorities and organization structure of the Ministry of Labour - Invalids and Social Affairs; all previous Decrees which are contrary to this Decree shall be abolished.
Article 5. Responsible Parties for Implementation
Ministers, Heads of the Ministerial-level offices, Heads of offices of the Government, Chairpersons of Peoples’ Committees of provinces and cities under central management are responsible to implement this Decree.
ON BEHALF OF THE GOVERNMENT
Nguyen Xuan Phuc