Decree 62/2022/ND-CP functions, tasks of the Ministry of Labor, Invalids and Social Affairs

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies; and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

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

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs.

Article 1. Position and functions

The Ministry of Labor, Invalids and Social Affairs is a governmental agency performing the state management in the fields of labor and salary; employment; vocational education; social insurance; occupational safety and health; people with meritorious contributions; social protection; children; gender equality; and social vice prevention and combat (below collectively referred to as the field of labor, persons with meritorious contributions and social affairs) nationwide; and state management of public non-business services in the sectors and fields under its state management.

Article 2. Tasks and powers

The Ministry of Labor, Invalids and Social Affairs has the tasks and powers defined in the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP, and the following specific tasks and powers:

1. To submit to the Government draft laws and draft resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee, and draft decrees of the Government under its approved annual law making programs, and resolutions, projects and schemes as assigned by the Government or the Prime Minister;

2. To submit to the Government or the Prime Minister national strategies and sectoral master plans, long-term, medium-term and annual development plans, and national important projects and works in the sectors and fields under its state management.

3. To submit to the Prime Minister draft decisions, directives, national target programs, national programs, national action programs and other documents in the sectors and fields under its state management or as assigned by the Government or the Prime Minister.

4. To promulgate circulars and other documents on state management in the sectors and fields under its management.

5. To direct, guide, examine, and organize the implementation of, legal documents, strategies, master plans, plans, national target programs, national programs, national action programs, and national important projects and works after they are approved; to carry out public information and law dissemination and education in the fields under its state management in accordance with specialized laws.

6. Regarding labor and salary:

a/ To guide and organize the implementation of laws on labor contract, labor discipline, material liability, workplace dialogue, collective bargaining, collective labor agreements, and settlement of labor disputes;

b/ To guide the implementation of the law on minimum salaries and salary policies applicable to laborers in enterprises, agencies, organizations, cooperatives, and household and individual employers in accordance with the Labor Code;

c/ To guide the implementation of the labor law’s provisions regarding female employees, minor employees, elderly employees, disabled employees, domestic workers and some other employees;

d/ To guide the registration and state management of operation of employee representative organizations in accordance with the labor law; to act as the national focal point in the field of labor in the process of Vietnam’s accession to international trade agreements;

dd/ To provide instructions on salaries, bonuses and remunerations for employees and managers in state enterprises and state-invested enterprises.

7. Regarding employment:

a/ To guide and organize the implementation of laws on employment; recruitment and management of Vietnamese workers; to perform the unified management of foreign workers in Vietnam;

b/ To guide and organize the collection, storage, summarization, analysis, forecast and announcement of labor market information in the sectors and fields under its management, except those belonging to the national statistical indicator system; to promulgate regulations on management, use and dissemination of labor market information;

c/ To guide the implementation of regulations on provision of employment services;

d/ To guide and organize the implementation of the law on unemployment insurance;

dd/ To guide the management and use of the National Employment Fund in accordance with law.

8. Regarding Vietnamese guest workers:

a/ To guide and organize the implementation of the law on Vietnamese guest workers;

b/ To promote the expansion, stabilization and development of overseas labor markets;

c/ To formulate, and guide the implementation of, plans on development of labor sources for  overseas working; to specify training contents and programs and certificates for workers before they are sent abroad as guest workers;

d/ To grant, re-grant, modify and revoke licenses for provision of the service of sending guest workers in accordance with law;

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

e/ To manage the Overseas Employment Support Fund.

9. Regarding vocational education (except teacher training):

a/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding and organizing the implementation of the law on vocational education;

b/ To promulgate charters of vocational colleges, vocational intermediate schools and vocational education centers; criteria of high-quality training programs; and specific criteria for classifying public vocational education institutions in accordance with law;

c/ To provide the management of diplomas and certificates in vocational education, and equivalent diplomas for graduates of overseas vocational training programs at different levels;

d/ To formulate and promulgate the list of grade-IV training disciplines and occupations at intermediate and collegial levels; to prescribe the minimum amount of knowledge and graduate capabilities of learners for each training level of vocational education; to provide continuing training programs and other vocation training programs in accordance with the law on vocational education;

dd/ To formulate and promulgate according to its competence, or propose to competent agencies to promulgate, standards on physical foundations and equipment of vocational education institutions;

e/ To guide the formulation, appraisal and promulgation of national occupational skills standards; to provide the grant of certificates of national occupational skills;

g/ To manage and organize the quality inspection of vocational education (except specialized vocational colleges in the fields of national defense and security);

h/ To provide professional standards for vocational education teachers; to manage and organize training and further training of vocational education teachers and administrators, and teachers of continuing training programs;

i/ To decide on the establishment, and permit the establishment, division, separation, merger, and dissolution of colleges, and establishment of Vietnam-based representative offices of foreign vocational education institutions and organizations, and recognize rectors of private colleges according to its competence.

k/ To assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Public Security and Ministry of Education and Training in, providing programs and contents of national defense and security education in vocational education institutions, and organizing the implementation thereof.

10. Regarding social insurance:

a/ To give advices on the formulation and promulgation, and direct and guide the implementation of, policies and laws on social insurance;

b/ To guide and organize the implementation of information and reporting regimes on social insurance; to settle complaints and denunciations about social insurance, and handle violations of the law on social insurance.

11. Regarding occupational safety and health:

a/ To guide and organize the implementation of the law on occupational safety and health; working regime, working time and rest time; the national program on occupational safety and health; and making of the national dossier on occupational safety and health;

b/ To provide compensations and allowances for occupational accidents and diseases; and in-kind allowances for employees working under dangerous or hazardous conditions;

c/ To promulgate the list of machinery, equipment, supplies and substances subject to strict requirements on occupational safety and health at the request of related ministries in accordance with law; to assume the prime responsibility for performing the state management of training in occupational safety and health and inspection of machinery, equipment and supplies subject to strict requirements on occupational safety;

d/ To assume the prime responsibility for promulgating the list of jobs subject to strict requirements on occupational safety and health; and the list of hard, hazardous and dangerous occupations and jobs and the list of especially hard, hazardous and dangerous jobs; to provide criteria for classification of labor based on working conditions, and regimes on provision of personal protective equipment at work;

dd/ To formulate national standards and promulgate national technical regulations on occupational safety and health under its management;

e/ To promulgate processes of inspection of machinery, equipment and supplies, and management of substances subject to strict requirements on occupational safety and health under its management.

g/ To guide the quality inspection of special products and goods in terms of occupational safety in accordance with law;

h/ To investigate occupational accidents; to organize and guide the collection, storage, summarization, provision, disclosure and evaluation of information on occupational accidents and technical incidents that lead to serious situations in terms of occupational safety and health;

i/ To guide and organize the implementation of the Action Month for Occupational Safety and Health.

12. Regarding people with meritorious contributions:

a/ To guide and organize the implementation of policies and laws on preferential treatment of people with meritorious contributions to the revolution;

b/ To formulate regimes, norms and methods for providing assistive devices, orthopedic instruments and rehabilitation means and equipment for people with meritorious contributions to the revolution;

c/ To provide the management of works dedicated to honoring fallen heroes and formulate plans on identification of works dedicated to honoring fallen heroes in relevant master plans;

d/ To guide and direct the receipt of fallen heroes’ remains, identification of fallen heroes’ remains in case of lack of information, and information on fallen heroes’ graves;

dd/ To coordinate with ministries, sectors, localities and socio-political organizations in organizing gratitude movements and managing the Gratitude Fund.

13. Regarding social protection:

a/ To guide and organize the implementation of policies and laws on social assistance, poverty reduction, social work, elderly people, disabled people, and social protection beneficiaries;

b/ To guide and organize the implementation of national target programs, and relevant programs and schemes on social assistance, social work, elderly people, disabled people, and social protection beneficiaries it manages and assumes the prime responsibility for implementation;

c/ To guide the implementation of laws on standard levels of social assistance in the community and social assistance establishments;

d/ To guide the registration, management and licensing of the establishment and operation of social assistance establishments;

dd/ To promulgate according to its competence and propose to competent authorities for promulgation and direction, the implementation of legal documents on social assistance for remediation of natural disaster consequences.

14. Regarding children:

a/ To guide and organize the implementation of the law on children within the ambit of its powers and responsibilities;

b/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding the formulation and implementation of strategies, policies and national targets on children;

c/ To coordinate the exercise of children’s rights; to assume the prime responsibility for, and coordinate with related agencies and organizations in, formulating, guiding and organizing the implementation of policies and laws on child protection, children’s participation in child-related issues, child accident and injury prevention and control, and care and nursing of children in special circumstances;

d/ To assume the prime responsibility for, and coordinate with ministries, sectors, localities, socio-political organizations, and related agencies and organizations in, implementing programs and plans on children and the Action Month for Children within the ambit of its responsibilities;

dd/ To manage and use the Vietnam Child Protection Fund in accordance with law;

e/ To manage the national hotline for child protection.

15. Regarding social vice prevention and combat:

a/ To guide the implementation of laws on prostitution prevention; drug addiction treatment and post-treatment management; and provision of support for human trafficking victims in community integration;

b/ To guide the organization and operation of drug addiction treatment establishments and post-treatment management establishments in accordance with law;

c/ To provide education programs on behavior and dignity reformation, and community reintegration for drug addicts;

d/ To formulate, and submit to competent agencies for promulgation, policies on support for human trafficking victims; to guide the implementation of measures to support human trafficking victims within its competence;

dd/ To direct the incorporation of contents on human trafficking prevention and combat in programs on poverty reduction, vocational education, employment support, social vice prevention and combat, gender equality, and children.

16. Regarding gender equality:

a/ To guide and organize the implementation of policies and laws on gender equality in accordance with law;

b/ To assume the prime responsibility for, and coordinate with ministries, sectors, localities, socio-political organizations, and related agencies and organizations in, implementing the Action Month for Gender Equality and Gender-Based Violence Prevention and Response;

c/ To summarize and report to competent agencies on gender equality practices in accordance with law.

17. To guide and organize reporting and statistical work in the fields of labor, people with meritorious contributions, and social affairs in accordance with law; to build and manage databases and statistical information systems of the Ministry and its sectors.

18. To manage the application of information technology in the fields of labor, people with meritorious contributions and social affairs.

19. To manage medical activities in units in the fields of labor, people with meritorious contributions and social affairs engaged in medical activities.

20. Regarding public non-business services:

a/ To perform the state management of public non-business services in the sectors and fields under its state management; to manage organizations and units providing public non-business services under its management;

b/ To formulate and promulgate techno-economic norms and expense norms (if any) to serve as a basis for promulgating unit prices and prices of state budget-funded public non-business services within the ambit and fields of its management in accordance with the law on price and other relevant laws for use as grounds for assignment of tasks, placement of orders or bidding for provision of public non-business services in accordance with law.

 c/ To formulate and promulgate criteria and standards on quality of state budget-funded public non-business services; and mechanisms for supervising, evaluating and inspecting quality and regulations on examination and pre-acceptance testing of state budget-funded public non-business services under its management; and operational efficiency of public non-business units within the ambit of and fields under its state management;

d/ To guide the inclusion of salary and labor expenses in prices and unit prices of public-utility products and services, and salary and wage expenses in unit prices of state budget-funded public non-business services for enterprises that win placement contracts or bidding (or that are assigned tasks as provided by specialized laws) in accordance with the law on assignment of tasks, placement of orders, or bidding for provision of public non-business services or products with funds from the state budget’s recurrent expenditures.

dd/ To guide the implementation of policies and laws and provide support for organizations providing public non-business services in the fields under its management.

21. To manage and organize international cooperation and integration, and participate in negotiation and conclusion of treaties in the fields of labor, people with meritorious contributions and social affairs in accordance with law.

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

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

24. To manage its organizational apparatus, payroll, number of laborers, job positions, structures of civil servant ranks, job title-based structures of public employees; to decide on the recruitment, receipt, rotation, transfer, appointment, relief from duty, resignation, dismissal, detachment, commendation, discipline, relief from office, and retirement of, the salary regime and other preferential policies toward, cadres, civil servants, public employees and laborers under its management according to regulations; to organize the training and further training of cadres, civil servants, public employees and laborers; to guide the implementation of laws on job title criteria for public employees specialized  in the fields under its management.

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

26. To carry out inspection and examination; to receive citizens; to settle complaints and denunciations; to prevent and combat corruption and negative practices; to practice thrift and combat waste and handle violations in accordance with law.

27. To manage assigned finances and assets in accordance with law.

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

Article 3. Organizational structure

1. The Department of Social Insurance.

2. The Department of Gender Equality.

3. The Department of Legal Affairs.

4. The Department of International Cooperation.

5. The Department of Personnel and Organization.

6. The Department of Planning-Finance.

7. The Office

8. The Inspectorate.

9. The Department of Industrial Relations and Wage.

10. The Department of Employment.

11. The Department of Overseas Labor.

12. The Department of Work Safety.

13. The Department of National Devotees.

14. The Department of Social Assistance.

15. The Department of Child Affairs.

16. The Department of Social Vices Prevention and Combat.

17. The Directorate of Vocational Education.

18. The Institute of Labor Science and Social Affairs.

19. The Labor and Social Affairs Information Center.

20. Dan Tri Newspaper.

21. Magazine of Labor & Social Affairs.

The units referred to in Clauses 1 thru 17 of this Article are administrative units assisting the Minister in performing the state management function; and the units referred to in Clauses 18 thru 21 of this Article are non-business units serving the Ministry’s state management function.

The Department of Planning-Finance has 3 divisions.

The Minister of Labor, Invalids and Social Affairs shall propose the Prime Minister to promulgate a decision defining the functions, tasks, powers and organizational structure of the Directorate of Vocational Education.

The Minister of Labor, Invalids and Social Affairs shall promulgate a decision defining the functions, tasks, powers and organizational structures of departments, the Office, the Inspectorate, public non-business units, and other units of the Ministry in accordance with law.

Article 4. Effect

1. This Decree takes effect on September 12, 2022.

2. This Decree replaces the Government’s Decree No. 14/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs.

Article 5. Transitional provision

The online newspaper Dan Tri, newspaper of Labor & Social Affairs, the Training School for Officials, Civil Servants on Labor and Social Affairs shall continue operating according to current regulations until competent agencies complete the consolidation and merger under regulations.

Article 6. Implementation responsibility

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
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH