Decree No. 106/2012/ND-CP dated December 20, 2012 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs

THE GOVERNMENT

Decree No. 106/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs

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

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 a governmental agency performing the state management of the fields of employment, vocational training, labor, wages, pays, social insurance (compulsory social insurance, voluntary social insurance and unemployment insurance), labor safety, people with special contributions, social protection, child protection and care, gender equality, and social evil prevention and control (below collectively referred to as the fields of labor, people with special contributions and social affairs) nationwide; and of public services in the sectors and fields under its state management.

Article 2. Tasks and powers

The Ministry of Labor, War Invalids and Social Affairs has the tasks and powers defined 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 draft laws, draft resolutions to be promulgated by the National Assembly, draft ordinances and draft resolutions to be promulgated by the National Assembly Standing Committee, and draft decrees to be promulgated by the Government according to its approved annual law-making programs, 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 and national important projects and works in the sectors and fields under its state management.

2. To submit to the Prime Minister draft decisions and directives, national target programs, national programs, national action programs and other documents in the sectors and fields under its state management 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, approved strategies, master plans, plans, national target programs, national programs, national action programs, national important projects and works; to conduct public information of and education about laws in the fields under its state management.

5. Regarding employment and unemployment insurance:

a/ To guide the implementation of laws on employment polices, labor market development policies, employment generation targets and employment generation promotion; recruitment and management of Vietnamese workers and foreigners working in Vietnam; employment policies for special groups of people and movable workers; and workers who are laid off during the reorganization of state enterprises;

b/ To guide according to its competence the mechanism for implementing projects of the national target program on employment;

c/ To specify conditions for the establishment, organization and operation of employment service establishments;

d/ To guide and organize employment transactions;

e/ To organize the labor market information system; to collect and provide data on the labor market to organizations and individuals that need these data;

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

6. Regarding guest workers working under contracts:

a/ To guide the implementation of laws on guest workers working under contracts;

b/ To develop overseas labor markets;

c/ To elaborate, and guide the implementation of, plans on training guest workers; to prescribe training contents and programs for workers before they are sent abroad to work and certificates of these training programs;

d/ To prescribe licenses for provision of the service of sending guest workers; to grant, renew and revoke such licenses;

e/ To organize and guide the registration of contracts by enterprises and guest workers working under individual contracts; to supervise enterprises in the contract performance;

f/ To coordinate with the Ministry of Foreign Affairs in organizing and directing the management and settlement of issues related to Vietnamese guest workers working under contracts;

g/ To manage the Overseas Employment Support Fund.

7. Regarding vocational training:

a/ To organize, examine and assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding policies and regimes on vocational training and learning;

b/ To plan a network of vocational colleges, vocational secondary schools and vocational training centers; to specify conditions for the establishment, organization and operation of vocational training institutions; to elaborate model charters for vocational colleges and vocational secondary schools; model regulations of vocational training centers; and standards on physical foundations and equipment for vocational training activities;

c/ To prescribe a list of training occupations and framework programs for training at vocational colleges and vocational secondary schools; regulations on enrolment, examination, test, recognition of graduation and grant of vocational training diplomas and certificates; and forms of vocational training diplomas and certificates;

d/ To provide principles and processes for and organize the elaboration of national standards on vocational skills; to manage the assessment and grant of national certificates of vocational skills;

e/ To provide standards and processes for accreditation of vocational training quality;

f/ To decide on the establishment of vocational colleges; to recognize  rectors of private vocational colleges according to its competence.

8. Regarding labor and wages

a/ To guide the implementation of labor contracts, dialogues in the  workplaces, collective negotiation, collective labor accords, labor discipline, material liabilities, settlement of labor disputes and strikes;

b/ To guide the implementation of minimum wages and wage regimes for workers and holders of leading and managerial titles in state enterprises; wage regimes applicable to enterprises operating under the Enterprise Law and organizations and individuals employing laborers in accordance with the Labor Code;

c/ To guide the implementation of wage regimes for employees of state enterprises studying or working overseas; wage regimes for foreigners working in state enterprises; and preferential treatment regimes for people doing special occupations or professions;

d/ To provide principles for elaborating labor norms, technical standards for workers, and professional standards applied in state enterprises.

9. Regarding compulsory and voluntary social insurance:

a/ To guide and examine the implementation of regimes and policies on compulsory and voluntary social insurance and other forms of social insurance in accordance with law;

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

10. Regarding labor safety:

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

b/ To coordinate with the Ministry of Health in providing and guiding the implementation of the policy on allowances in kind for people working in dangerous or hazardous conditions; to promulgate a list of occupational diseases;

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

d/ To provide and guide the implementation of the policy on provision of personal protection devices; and criteria for classifying jobs based on their working conditions;

e/ To provide and guide the inspection of machines, equipment and supplies subject to strict labor safety requirements;

f/ To promulgate inspection processes of machines, equipment and supplies subject to strict labor safety requirements under its management;

g/ To appraise inspection processes of machines, equipment and supplies subject to strict labor safety requirements before they are promulgated by line ministries; and operation criteria and conditions of inspection organizations;

h/ To provide and guide the quality inspection of special products and goods in terms of labor safety in accordance with law;

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

j/ To assume the prime responsibility for and  coordinate in guiding and organizing the implementation of the national program on labor protection, and occupational safety and health; and the national week for occupational safety and health and fire and explosion prevention and fighting;

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

11. Regarding people with special contributions

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

b/ To provide policies, norms and methods for providing orthopedic equipment and aid devices  for people with special contributions to the revolution;

c/ To coordinate with ministries, sectors, localities and socio-political organizations in organizing “gratitude” movements and managing the “gratitude” fund;

d/ To plan and guide planning of a network of nursing homes for people with special contributions and works built in memory of fallen heroes;

e/ To provide the management of works built in memory of fallen heroes;

f/ To guide the receipt and gathering of fallen heroes’ remains; and information on fallen heroes’ graves.

12. Regarding social protection:

a/ To guide and examine the implementation of laws on poverty reduction and social assistance;

b/ To organize the implementation of the national target program on poverty reduction and social assistance programs according to its competence;

c/ To guide the planning of a network of social protection centers;

d/ To specify conditions for the establishment, organization and operation of social protection centers;

e/ To provide the procedures for admitting people to social protection centers and returning them to their families.

13. Regarding child protection and care

a/ To guide the implementation of laws on child protection and care within the ambit of its powers and responsibilities;

b/ To specify conditions for the establishment, organization and operation of child support establishments;

c/ To provide procedures for admitting children in special circumstances to child support establishments and returning them 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 program of action for children; the program on child protection and care and education of children in special circumstances and other programs and plans on child protection, care and education;

e/ To manage and use the Vietnam Child Protection Fund.

14. Regarding social evil prevention and control:

a/ To guide the implementation of laws on policies and solutions on prostitution prevention; drug detoxification; post-detoxification management; and support for trafficking victims;

b/ To guide the planning of a network of medical treatment-education-social labor centers and post-detoxification management establishments;

c/ To specify conditions for the establishment, organization and operation of medical treatment-education-social labor centers and post-detoxification management establishments; to grant and revoke licenses for voluntary drug detoxification establishments in accordance with law;

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

e/ To provide procedures for admission to medical treatment-education-social labor centers and post-detoxification management establishments.

15. Regarding gender equality:

a/ To guide the realization of gender equality in accordance with law;

b/ To participate in evaluating the integration of gender equality issues in the drafting of legal documents;

c/ To review and report on the realization of gender equality to competent agencies in accordance with law.

16. To guide and organize statistic work in the fields of labor, people with special contributions and social affairs in accordance with law; to build databases and statistical information and systems of the Ministry and its management sectors.

17. To manage the application of information technology in the fields of labor, people with special contributions and social affairs in accordance with law.

18. To manage medical activities in units operating in the fields of labor, people with special contributions and social affairs and engaged in medical activities in accordance with law.

19. Regarding public services:

a/ To perform the state management of public services in the sectors and fields under its state management in accordance with law;

b/ To formulate and promulgate standards, processes, regulations and techno-economic norms applicable to the provision of public services in the sectors and fields under its management;

c/ To provide guidance to public service providers in accordance with law.

20. To implement international cooperation and integration in the fields of labor, people with special contributions and social affairs in accordance with law.

21. To decide on and direct the implementation of its administrative reform program according to the objectives and contents of the state administrative reform program already approved by the Government and the Prime Minister.

22. To exercise the rights and perform the obligations of the state owner toward state-owned single-member limited liability companies and state investments in other enterprises organized and operating under the Enterprise Law under its management.

23. To manage associations and non-governmental organizations operating in the fields of labor, people with special contributions and social affairs in accordance with law.

24. To manage its organizational apparatus, payroll, cadres, civil servants and public employees; to implement salary regimes and policies on preferential treatment, commendation and reward and discipline toward cadres, civil servants and public employees under its management in accordance with law.

25. To conduct scientific research and apply scientific, technical and technological advances in the fields of labor, people with special contributions and social affairs.

26. To conduct examination and inspection; to settle complaints and denunciations; to prevent and fight against corruption and negative practices and handle violations in accordance with law.

27. To manage assigned finances and assets and organize the use of state budgets allocations in accordance with law.

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

Article 3. Organizational structure

1. The Labor and Salary Department.

2. The Social Insurance Department.

3. The International Cooperation Department.

4. The Gender Equality Department.

5. The Planning and Finance Department.

6. The Legal Affairs Department.

7. The Organization and Personnel Department.

8. The Inspectorate.

9. The Office.

10. The Overseas Labor Management Department.

11. The Occupational Safety and Health Department.

12. The Department for People with Special Contributions.

13. The Social Evil Prevention and Control Department.

14. The Employment Department.

15. The Social Protection Department.

16. The Child Protection and Care Department.

17. The Directorate of Vocational Training.

18. The Information Center

19. The Institute for Labor and Social Science.

20. The Institute for Orthopedics and Functional Rehabilitation.

21. The Labor and Society magazine.

22. The Family and Child magazine.

23. The Labor and Society newspaper.

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

The units referred to in Clauses 1 thru 17 of this Article shall assist the Minister in performing the state management function, units referred to in Clauses 18 thru 24 of this Article are public non-business units serving the Ministry’s state management function.

The Labor and Salary Department may organize 3 divisions; the International Cooperation Department, 4; the Planning and Finance Department, 4; the Legal Affairs Department, 3; and the Organization and Personnel Department, 3.

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

Article 4. Effect

1. This Decree takes effect on March 1, 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, and other previous provisions contrary to this Decree.

Article 5. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG