THE GOVERNMENT
Decree No. 39/2013/ND-CP of April 24, 2013, on organization and operation of the Labor, War Invalids and Social Affairs inspectorate
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 15, 2010 Inspection Law;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
The Government promulgates the Decree on organization and operation of the inspectorate of the Labor, War Invalids and Social Affairs sector.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides the organization and operation of inspection agencies of the Labor, War Invalids and Social Affairs sector; inspectors, civil servants conducting specialized inspection, inspection collaborators of the Labor, War Invalids and Social Affairs sector; and responsibilities of agencies, organizations and individuals in the inspection operation of the Labor, War Invalids and Social Affairs sector.
Article 2. Subjects of inspection
1. Agencies, organizations and individuals under the management of the Ministry of Labor, War Invalids and Social Affairs and provincial-level Labor, War Invalids and Social Affairs Departments.
2. Vietnamese and foreign agencies, organizations and individuals shall observe law in the domains under the state management of the Ministry of Labor, War Invalids and Social Affairs and provincial-level Labor, War Invalids and Social Affairs Departments.
Article 3. Application of treaties
When a treaty to which the Socialist Republic of Vietnam is a contracting party provides otherwise, such treaty prevails.
Article 4. Principles of operation of the Labor, War Invalids and Social Affairs inspectorate
1. The operation of the Labor, War Invalids and Social Affairs inspectorate must comply with law and guarantee accuracy, honesty, objectiveness, publicity, democracy and timeliness.
2. Administrative inspection must be conducted by inspection teams. Specialized inspection must be conducted by inspection teams or by independent inspectors or civil servants.
Chapter II
ORGANIZATION, TASKS AND POWERS OF INSPECTION AGENCIES OF THE LABOR, WAR INVALIDS AND SOCIAL AFFAIRS SECTOR
Article 5. Inspection agencies of the Labor, War Invalids and Social Affairs sector
1. State inspection agencies:
a/ The Inspectorate of the Ministry of Labor, War Invalids and Social Affairs;
b/ Inspectorates of provincial-level Labor, War Invalids and Social Affairs Departments.
2. Agencies assigned to conduct specialized inspection:
a/ The Vocational Training Directorate;
b/ The Department of Overseas Labor.
Article 6. The Inspectorate of the Ministry of Labor, War Invalids and Social Affairs
1. The Inspectorate of the Ministry of Labor, War Invalids and Social Affairs is an agency of the Ministry of Labor, War Invalids and Social Affairs, which assists the Minister of Labor, War Invalids and Social Affairs in performing the state management of inspection, settlement of complaints and denunciations and prevention and control of corruption; conducts administrative and specialized inspection; settles complaints and denunciations and prevents and controls corruption in the domain of labor, invalids and social affairs nationwide.
2. The Inspectorate of the Ministry of Labor, War Invalids and Social Affairs has its chief inspector, deputy chief inspectors, inspectors and other civil servants.
3. The Inspectorate of the Ministry of Labor, War Invalids and Social Affairs is organized into professional sections which are established under decisions of the Minister of Labor, War Invalids and Social Affairs.
4. The Inspectorate of the Ministry of Labor, War Invalids and Social Affairs submits to the Minister of Labor, War Invalids and Social Affairs’ direction and administration and the Government Inspectorate’s professional direction and guidance.
Article 7. Tasks and powers of the Inspectorate of the Ministry of Labor, War Invalids and Social Affairs
The Inspectorate of the Ministry of Labor, War Invalids and Social Affairs has the tasks and powers specified in Article 18 of the Inspection Law and the following tasks and powers:
1. To assume the prime responsibility for, or participate in, elaborating legal documents as assigned by the Minister of Labor, War Invalids and Social Affairs.
2. To organize training in specialized inspection for inspectors and civil servants assigned to conduct specialized inspection of the Labor, War Invalids and Social Affairs sector.
3. To disseminate, guide, urge and inspect agencies and units of the Ministry in the implementation of the inspection law.
4. To review and draw experience from inspection operation in the labor, war invalids and social affairs sector.
5. To conduct scientific research into inspection of labor, war invalids and social affairs.
6. To carry out international cooperation in inspection of labor, war invalids and social affairs.
7. To review and report to the Minister of Labor, War Invalids and Social Affairs and the Government Inspector General on the results of inspection, settlement of complaints and denunciations and prevention and control of corruption within the management of the Ministry of Labor, War Invalids and Social Affairs in accordance with law.
8. Other tasks and powers as prescribed by law.
Article 8. Tasks and powers of the Inspector General of the Ministry of Labor, War Invalids and Social Affairs
The Chief Inspector of the Ministry of Labor, War Invalids and Social Affairs has the 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, War Invalids and Social Affairs and the Government Inspector General on inspection work, settlement of complaints and denunciations and prevention and control of corruption within his/her management.
2. To assist the Minister of Labor, War Invalids and Social Affairs in examining, verifying, concluding and proposing the settlement of complaints under the competence of the Minister of Labor, War Invalids and Social Affairs.
3. To assist the Minister of Labor, War 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 implementation of legally effective complaint settlement decisions.
4. To verify denunciations, make verification conclusions, and propose measures to settle denunciations under the settlement competence of the Minister of Labor, War Invalids and Social Affairs as assigned.
5. To consider and conclude the settlement of denunciations by heads of agencies directly managed by the Minister of Labor, War Invalids and Social Affairs which shows signs of law violation. When there are grounds to conclude that such settlement violates law, to submit it to the Minister for consideration and settlement.
6. To assist the Minister of Labor, War Invalids and Social Affairs in directing, urging and inspecting agencies and units directly managed by the Minister of Labor, War Invalids and Social Affairs in implementing regulations on communication and reporting on the prevention and control of corruption.
7. To inspect responsibilities of heads of agencies and units under the management of the Minister of Labor, War Invalids and Social Affairs for implementing the inspection law.
8. To requisition civil servants and public employees of related agencies and units to join inspection teams.
9. Other tasks and powers as prescribed by law.
Article 9. Inspectorates of provincial-level Labor, War Invalids and Social Affairs Departments
1. The inspectorate of a provincial-level Labor, War Invalids and Social Affairs Department is an agency of the provincial-level Labor, War Invalids and Social Affairs Department which assists the director of the Department in conducting administrative and specialized inspection; settling complaints and denunciations and preventing and controlling corruption in accordance with law.
2. The inspectorate of a provincial-level Labor, War Invalids and Social Affairs Department has its chief inspector, deputy chief inspectors, inspectors and other civil servants.
3. The inspectorate of a provincial-level Labor, War Invalids and Social Affairs Department submits to the Department director’s direction and administration; and the provincial-level Inspectorate’s inspection direction and professional guidance on administrative and specialized inspection of the Labor, War Invalids and Social Affairs sector.
Article 10. Tasks and powers of inspectorates of provincial-level Labor, War Invalids and Social Affairs Departments
The inspectorate of a provincial-level Labor, War Invalids and Social Affairs Department has the tasks and powers specified in Article 24 of the Inspection Law and the following tasks and powers:
1. To disseminate, guide, inspect and urge agencies and units under the management of the provincial-level Labor, War Invalids and Social Affairs Department in the implementation of the inspection law.
2. To organize training in specialized inspection for inspectors and civil servants conducting inspection of the inspectorate of the provincial-level Labor, War Invalids and Social Affairs Department.
3. To review and draw experience from inspection work within the management of the provincial-level Labor, War Invalids and Social Affairs Department.
4. To review and report on the results of inspection, settlement of complaints and denunciations and prevention and control of corruption within the management of the provincial-level Labor, War 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 provincial-level Labor, War Invalids and Social Affairs Departments
The chief inspector of a provincial-level Labor, War Invalids and Social Affairs Department has the tasks and powers specified in Article 25 of the Inspection Law and the following tasks and powers:
1. To report to the director of the Labor, War Invalids and Social Affairs Department and the provincial-level chief inspector on inspection work, settlement of complaints and denunciations and prevention and control of corruption within his/her management.
2. To inspect responsibilities of heads of agencies and units under the management of the director of the provincial-level Labor, War Invalids and Social Affairs Department for implementing the inspection law.
3. To requisition civil servants and public employees of related 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 elaborate and send to the Inspectorate of the Ministry of Labor, War Invalids and Social Affairs plans on specialized inspection of vocational training for summarization and submission to the Minister of Labor, War Invalids and Social Affairs for approval; to implement approved plans.
2. To inspect cases showing signs of law violation in vocational training as assigned by the Chief Inspector of the Ministry of Labor, War Invalids and Social Affairs.
3. To inspect other cases as assigned by the Minister of Labor, War Invalids and Social Affairs.
4. To monitor, urge and inspect the implementation of conclusions, proposals and decisions to handle matters related to vocational training inspection within its competence.
5. To receive citizens, settle complaints and denunciations and prevent and control corruption in accordance with law.
6. To review and report to the Inspectorate of the Ministry of Labor, War Invalids and Social Affairs on the results of inspection, settlement of complaints and denunciations and prevention and control of corruption in the vocational training domain within its management.
7. Other tasks and powers as prescribed by law
Article 13. Tasks and powers of the general director of the 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 the vocational training domain.
3. To assign civil servants to conduct specialized inspection of vocational training.
4. To propose the Chief Inspector of the Ministry to handle overlaps in subjects, contents and time of vocational training inspection.
5. To propose competent state agencies to revise or promulgate provisions of law to meet management requirements in the vocational training domain; to propose termination or annulment of unlawful provisions detected through vocational training inspection.
6. To sanction administrative violations in accordance with the 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
1. To elaborate and send to the Inspectorate of the Ministry of Labor, War Invalids and Social Affairs plans on specialized inspection of sending Vietnamese abroad for work under contracts for summarization and submission to the Minister of Labor, War Invalids and Social Affairs for approval; to implement approved plans.
2. To inspect cases showing signs of law violation in sending Vietnamese abroad for work under contract as assigned by the Chief Inspector of the Ministry of Labor, War Invalids and Social Affairs.
3. To inspect other cases as assigned by the Minister of Labor, War Invalids and Social Affairs.
4. To monitor, urge and inspect the implementation of conclusions, proposals and decisions to handle matters related to inspection of sending Vietnamese abroad for work under contracts within its competence.
5. To receive citizens, settle complaints and denunciations and prevent and control corruption in accordance with law.
6. To review and report to the Inspectorate of the Ministry of Labor, War Invalids and Social Affairs on the results of inspection, settlement of complaints and denunciations and prevention and control of corruption in sending Vietnamese abroad for work under contracts.
7. Other tasks and powers as prescribed by law
Article 15. Tasks and powers of the director the Department of Overseas Labor
1. To lead, direct and examine specialized inspection of sending Vietnamese abroad for work under contracts.
2. To decide on inspection when detecting signs of law violation in sending Vietnamese abroad for work under contracts.
3. To assign civil servants to conduct specialized inspection of sending Vietnamese abroad for work under contracts.
4. To propose the Chief Inspector of the Ministry to handle overlaps in subjects, contents and time of inspection of sending Vietnamese abroad for work under contracts.
5. To propose competent state agencies to revise or promulgate provisions of law to meet management requirements in sending Vietnamese abroad for work under contracts; to propose termination or annulment of unlawful provisions detected through inspection of sending Vietnamese abroad for work under contracts.
6. To sanction administrative violations in accordance with the law on handling of administrative violations.
7. Other tasks and powers as prescribed by law.
Article 16. Specialized inspection advisory bodies of the Vocational Training Directorate and the Department of Overseas Labor
The specialized inspection advisory body may be organized as a department at the Vocational Training Directorate and as a division at the Department of Overseas Labor.
Chapter III
INSPECTORS, CIVIL SERVANTS CONDUCTING SPECIALIZED INSPECTION AND INSPECTION COLLABORATORS OF THE LABOR, WAR INVALIDS AND SOCIAL AFFAIRS SECTOR
Article 17. Labor, war invalids and social affairs inspectors
1. A labor, war invalids and social affairs inspector is a civil servant appointed to the inspection rank to conduct inspection of labor, war invalids and social affairs.
2. The appointment and dismissal of labor, war invalids and social affairs inspectors comply with law.
3. Labor, war invalids and social affairs inspectors have the tasks and powers as prescribed by law.
4. Labor, war invalids and social affairs inspectors are provided with inspector uniforms and cards and entitled to regimes and policies in accordance with law.
5. The Minister of Labor, War Invalids and Social Affairs shall specifically provide the uniform of labor, war invalids and social affairs inspectors after reaching agreement with the Government Inspector General.
Article 18. Civil servants conducting specialized inspection of labor, war invalids and social affairs
1. A civil servant conducting specialized inspection of labor, war invalids and social affairs is a person on the state payroll of an agency specified in Clause 2, Article 5 of this Decree, who is assigned to conduct specialized inspection by the head of his/her managing agency.
2. A civil servant conducting specialized inspection of labor, war invalids and social affairs must fully satisfy the criteria and conditions specified in Article 12 of the Government’s Decree No. 07/2012/ND-CP of February 9, 2012, on agencies assigned for specialized inspection functions and operations.
3. Civil servants conducting specialized inspection of labor, war invalids and social affairs are provided with uniforms and cards of civil servants conducting specialized inspection and entitled to allowances when conducting inspection in accordance with law. The Minister of Labor, War Invalids and Social Affairs shall provide the uniform and card of civil servants conducting specialized inspection of labor, war invalids and social affairs.
4. Civil servants conducting specialized inspection of labor, war 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, war invalids and social affairs are provided with professional guidance on specialized inspection of the Inspectorate of the Ministry of Labor, War Invalids and Social Affairs.
Article 19. Inspection collaborators of the Labor, War Invalids and Social Affairs sector
1. An inspection collaborator of the Labor, War Invalids and Social Affairs sector is a person requisitioned to join an inspection team to conduct inspection of labor, war invalids and social affairs.
2. Tasks and powers of and regimes for inspector collaborators of the Labor, War Invalids and Social Affairs sector are provided by law.
3. The Minister of Labor, War Invalids and Social Affairs shall provide the regulation on inspection collaborators of the Labor, War Invalids and Social Affairs sector.
Chapter IV
INSPECTION OPERATIONS OF THE LABOR, WAR 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 and laws and performing their tasks and powers;
b/ Administrative inspection activities must comply with the law on administrative inspection and relevant laws.
2. Specialized inspection:
a/ Implementation of the labor law: Implementation of regulations on regular reporting; recruitment and training of employees; labor contracts; collective labor agreements; working and break times; pays and payment to employees; labor safety, labor hygiene; female, elderly and minor employees and employees with disabilities; foreign employees; labor disciplines and material liabilities; and other provisions of the labor law;
b/ Implementation of the 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 the law on sending Vietnamese abroad for work under contracts: Organization of a specialized apparatus of enterprises and non-business units sending Vietnamese abroad for work under contracts; signing of contracts related to guest workers; recruitment of workers; vocational and foreign language training for guest workers; training in necessary knowledge for guest workers before going abroad; management and protection of rights and legitimate interests of guest workers; implementation of regimes and policies for guest workers; liquidation of contracts between enterprises or non-business units and guest workers; and implementation of other provisions of law on sending Vietnamese abroad for work under contracts;
d/ Implementation of the law on vocational training and policies and regimes on vocational training and learning: Establishment conditions, standards on physical foundations and equipment for vocational training, operations of vocational training establishments; implementation of regulations on enrollment, exams, tests, graduation recognition, vocational diplomas and certificates; rights and obligations of organizations and individuals engaged in vocational training and learning activities; vocational training for persons with disabilities; inspection of vocational training quality; implementation of vocational training programs and projects; and implementation of other provisions of law on vocational training;
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 for persons with meritorious services to the Revolution and their relatives; allocation, management and use of funds for the implementation of preferential policies for persons with meritorious services to the Revolution managed by the Labor, War Invalids and Social Affairs sector; management and use of the gratitude fund; and implementation of other regulations on preferential treatment of 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 social relief programs under the management of the Labor, War Invalids and Social Affairs sector;
g/ Implementation of the law on child protection and care within the powers and responsibilities of the Labor, War 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 the law on gender equity; implementation of the national target program on gender equity, measures for assurance of gender equity;
i/ Implementation of policies and solutions on 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 related to labor, war invalids and social affairs.
Specialized inspection activities must comply with the law on specialized inspection and other relevant laws.
Article 21. Settlement of complaints and denunciations
1. To organize the reception of citizens; to receive and process written complaints and denunciations; to settle complaints and denunciations according to competence.
2. To assume the prime responsibility for, and coordinate with related agencies in, receiving citizens at citizen reception offices.
3. To monitor, inspect and urge the implementation of complaint and denunciation settlement decisions of the Minister of Labor, War Invalids and Social Affairs and the Chief Inspector of the Ministry; directors of provincial-level Labor, War Invalids and Social Affairs Departments and chief inspectors of the Departments; and heads of agencies assigned to conduct specialized inspection.
Article 22. Prevention and control of corruption
1. To inspect the agencies, organizations and individuals specified in Clause 1, Article 2 of this Decree in implementing the law on prevention and control of corruption.
2. To coordinate with related agencies and organizations in detecting corrupt acts.
3. To propose competent persons to handle persons committing corrupt acts detected through inspection of labor, war invalids and social affairs.
Chapter V
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, War Invalids and Social Affairs inspectorate.
Article 24. Implementation responsibilities
Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations and persons shall implement this Decree.-
On behalf of the Government
Prime Minister
NGUYEN TAN DUNG
Vietnamese
Decree 39/2013/NĐ-CP DOC (Word)
Decree 39/2013/NĐ-CP PDF (Original)
Decree 39/2013/NĐ-CP ZIP (Word)
