Laws of Vietnam

THE GOVERNMENT

DECREES:

Article 1.- Position and functions

The Ministry of Labor, War Invalids and Social Affairs is a governmental agency and functions to perform state management of employment, vocational training, labor, wages, pays, social insurance (compulsory social insurance, voluntary social insurance and unemployment insurance), labor safety, people with meritorious services to the revolution, social security, child protection and care, gender equity, and social evil prevention and control (below collectively referred to as labor, people with meritorious services and social domains) nationwide; and state management of public services in the domains under the Ministry's management.

Article 2.- Tasks and powers

The Ministry of Labor, War Invalids and Social Affairs shall have tasks and powers prescribed in the Government's Decree No. 178/2007/ND-CP of December 3, 2007, 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 and draft ordinances; the Government's draft resolutions and decrees under the Ministry's approved annual law-making programs and plans, and other projects, schemes and legal documents on the labor, people with meritorious services and social domains as assigned by the Government or the Prime Minister.

2. To submit to the Prime Minister for approval strategies, master plans, long-term, five-year and annual plans, national target programs, important works and projects in the domains under the Ministry's state management; draft decisions and directives and other documents under the Prime Minister's direction and administration competence.

3. To promulgate decisions, directives and circulars within the scope of the Ministry's state management; to approve schemes, projects, master plans and plans according to the Ministry's competence; to guide, inspect and organize the implementation of legal documents under the Ministry's state management.

4. To direct and implement law propagation, dissemination and education activities within the scope of the Ministry's state management.

5. Regarding employment and unemployment insurance

a/ To guide the implementation of legal provisions on employment polices, labor market development policies, targets for new employment generation and promotion of new employment generation; recruitment and management of Vietnamese laborers and foreign laborers in Vietnam; employment policies for special laborers, movable laborers; job losers due to state enterprise reorganization;

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

c/ To prescribe conditions and procedures for establishment and operation of employment service establishments;

d/ To guide and organize employment transactions;

e/ To organize a labor market information system; to collect and supply data on labor market for organizations and individuals;

f/ To guide, inspect and organize the implementation of legal provisions on unemployment insurance.

6. Regarding Vietnamese guest workers under contracts

a/ To guide the implementation of legal provisions on Vietnamese guest workers under contracts;

b/ To develop labor export markets;

c/ To adopt and guide the implementation of plans to train laborers working overseas; to prescribe contents and programs to provide necessary knowledge for laborers before working abroad and certificates of these training programs;

d/ To prescribe the licensing of services for sending laborers to work overseas; to decide on the grant, change and withdrawal of permits for these services;

e/ To organize and guide the registration of contracts on working overseas between enterprises and individuals; to supervise enterprises' contract performance;

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

g/ To manage the Overseas Employment Support Fund.

7. Regarding vocational training

a/ To organize, direct, inspect and take the prime responsibility for, and coordinate with concerned ministries and branches in, guiding policies and mechanisms on vocational training and learning;

b/ To plan networks of professional colleges, professional secondary schools and vocational training centers according to its competence; to prescribe conditions for the establishment, organization and operation of vocational training institutions; model charters for professional colleges and professional secondary schools; model regulations of vocational training centers; and standards for vocational training facilities and equipment;

c/ To prescribe framework training programs for professional colleges and professional secondary schools; lists of trades to be trained; regulations on enrolment, examination, test and recognition of graduation; diploma and certificate forms; and regulations on granting vocational training diplomas and certificates;

d/ To prescribe principles and procedures for setting national standards on professional skills; to manage the accreditation and grant of national certificates of professional skills;

e/ To prescribe standards and procedures for vocational training quality inspection;

f/ To decide on the establishment of professional colleges; to recognize boards of directors and school management boards of private professional colleges according to its competence.

8. Regarding labor, wages and pays

a/ To guide the implementation of labor contracts, collective bargain agreements, labor discipline and material liabilities; to guide the settlement of labor disputes and strikes;

b/ To guide the implementation of minimum wages, wage and pay policies for laborers and managers in state enterprises; wage and pay policies for enterprises operating under the Enterprise Law and organizations and individuals employing laborers according to the Labor Code;

c/ To guide the implementation of wage and pay policies for laborers of state enterprises studying or working overseas; wage and pay policies for foreign laborers working in state enterprises; preferential policies for special laborers;

d/ To prescribe principles for and methods of setting labor norms, technical standards for workers; professional standards for public servants in state enterprises.

9. Regarding compulsory and voluntary social insurance

a/ To guide and inspect the implementation of strategies, mechanisms and policies on compulsory and voluntary social insurance according to law;

b/ To prescribe mechanisms on communication 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 legal provisions on labor safety and labor conditions; to compensate for labor accidents and occupational diseases; working policies, working time and break time for laborers;

b/ To coordinate with the Ministry of Health in prescribing and guiding the implementation of policies on allowances in kind; to promulgate a list of occupational diseases;

c/ To issue lists of machinery, equipment and materials subject to strict labor safety requirements; personal protection devices for laborers; hard, hazardous and dangerous jobs and especially hard, hazardous and dangerous jobs;

d/ To prescribe and guide the implementation of policies on provision of personal protection devices; and criteria for classifying laborers according to working conditions;

e/ To prescribe and guide procedures for registration and inspection of machinery, equipment and materials strictly required of labor safety;

f/ To make appraisal for line management ministries to promulgate procedures for inspecting machinery, equipment and materials strictly required of labor safety; and criteria and conditions for inspection organizations' operation;

g/ To prescribe and guide quality inspection of special products and commodities in terms of labor safety according to law;

h/ To promulgate a system of national technical norms on labor safety;

i/ To take the prime responsibility for, and coordinate with concerned bodies in, guiding and implementing the national program on labor protection, safety and hygiene; and the national week for labor safety and hygiene and fire and explosion prevention and fighting;

j/ To uniformly manage the declaration, investigation, statistics and reports on labor accidents.

11. Regarding people with meritorious services

a/ To guide and inspect the implementation of laws and policies on preferential treatment for people with meritorious services;

b/ To prescribe policies, norms and modes for providing artificial limbs, orthopedic equipment and aid devices for people with meritorious services;

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

d/ To adopt and guide the planning on fallen heroes' cemeteries and works in memory of fallen heroes;

e/ To prescribe the management of fallen heroes' cemeteries and works in memory of fallen heroes;

f/ To guide and direct the receipt and gathering of fallen heroes' remains; and communication on fallen heroes' graves.

12. Regarding social security

a/ To guide the implementation of legal provisions on poverty reduction and social security;

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

c/ To adopt and guide planning on social security networks;

d/ To prescribe conditions for the setting up, organization and operation of social security establishments;

e/ To prescribe procedures for admission to social security establishments and returning from these establishments to families.

13. Regarding child protection and care

a/ To guide the implementation of legal provisions on child protection and care policies within the ambit of powers and responsibilities of the Ministry;

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

c/ To prescribe procedures for admitting children in special circumstances to child support establishments and returning them to families;

d/ To assume the prime responsibility for, and coordinate with ministries, branches, 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 legal provisions on policies and solutions on prostitution prevention and drug-addict detoxification;

b/ To adopt and guide the planning on a network of social labor education establishments;

c/ To prescribe conditions for the establishment, organization and operation of social labor education establishments; to grant and withdraw permits of voluntary drug-addict detoxification establishments according to law;

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

e/ To prescribe procedures for admission to social labor education establishments.

15. Regarding gender equity

a/ To guide the realization of gender equity according to law;

b/ To participate in evaluating the inclusion of gender equity in legal document drafting;

c/ To review and report on the realization of gender equity to competent agencies according to law.

16. Regarding management of the Ministry's non-business units and public services

a/ To promulgate professional criteria and norms for public servants of branches and domains assigned or decentralized to the Ministry for management after getting the Ministry of Home Affairs' appraisal; to organize examinations on professional grade promotion for public servants according to law;

b/ To assume the prime responsibility for, and coordinate with concerned ministries and branches in, promulgating criteria for classifying and ranking non-business units of the labor, people with meritorious services and social domains;

c/ To promulgate non-business payroll limits applicable to the Ministry's branches and domains after reaching agreement with the Ministry of Home Affairs;

d/ To promulgate line econo-technical norms;

e/ To coordinate with functional agencies in guiding the mechanism on autonomy and accountability of non-business and public service units in the labor, people with meritorious services and social domains; to guide policies on socialization of a number of activities in the Ministry's domain according to law;

e/ To directly manage and guide the Ministry's non-business units to implement state regulations.

17. To carry out international cooperation in the labor, people with meritorious services and social domains.

18. To decide on and direct the implementation of the Ministry's administrative reform program under the state administrative reform program approved by the Prime Minister.

19. To exercise the rights of representing the owner of state capital in state-invested enterprises under the Ministry's management according to law.

20. To perform state management of activities of associations and non-governmental organizations in the labor, people with meritorious services and social domains according to law.

21. To manage organizational apparatuses, payrolls, implementation of wage policies and policies on treatment, appointment, dismissal, retirement, resignation, commendation, discipline, training and development of cadres, public employees and servants in units under the Ministry according to law.

22. To conduct scientific research and apply scientific and technical advances and technologies to the labor, people with meritorious services and social domains.

23. To examine, inspect, settle complaints and denunciations, corruption and negative practices and handle violations according to law.

24. To guide professional skills and expertise for local state management agencies in the labor, people with meritorious services and social domains.

25. To manage finance and property assigned to the Ministry and organize the disbursement of allocated state budget according to law.

26. To perform other tasks assigned by the Government and the Prime Minister.

Article 3.- Organizational structure

1. The Labor and Wage Department.

2. The Social Insurance Department.

3. The International Cooperation Department.

4. The Gender Equity Department.

5. The Planning and Finance Department.

6. The Legal Department.

7. The Organization and Personnel Department.

8. The Inspectorate.

9. The Office.

10. The Overseas Labor Management Department.

11. The Labor Safety Department.

12. The Department for People with Meritorious Services.

13. The Social Evil Prevention and Control Department.

14. The Employment Department.

15. The Social security Department.

16. The Child Protection and Care Department.

17. The Vocational Training General Department.

18. The Overseas Labor Management Units.

19. The Institute for Labor and Social Science.

20. The Institute for Orthopedics and Functional Rehabilitation.

21. The Information Center.

22. The Labor and Society magazine.

23. The Labor and Society newspaper.

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

25. The Vietnam Child Support Fund.

The units defined in Clause 1 thru Clause 18 of this Article shall assist the Minister in state management, units defined in Clause 19 thru Clause 25 of this Article are state non-business units under the Ministry.

The Labor and Wage; International Cooperation; Legal; Planning and Finance; and Organization and Personnel Departments, the Inspectorate and the Office may organize sections.

The Minister of Labor, War Invalids and Social Affairs shall submit to the Prime Minister for promulgation regulations on the functions, tasks, powers and organizational structure of the Vocational Training General Department and for permission the establishment of the Overseas Labor Management Unit, and issue a list of other remaining non-business units of the Ministry.

Article 4.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO;" to annul the Government's Decree No. 29/2003/ND-CP of March 31, 2003, 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 presidents of provincial/municipal People's Committees shall implement this Decree.