Nghị định 62/2022/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Lao động - Thương binh và Xã hội

DECREE

DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining the functions, tasks, powers and organizational structures of ministries and ministerial agencies, and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020 providing amendments to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016;

At the request of the Minister of Labour, War Invalids and Social Affairs of Vietnam;

The Government promulgates a Decree defining the functions, tasks, powers and organizational structure of the Ministry of Labour, War Invalids and social Affairs of Vietnam.

Article 1. Position and functions

The Ministry of Labour, War Invalids and Social Affairs of Vietnam is a governmental agency in charge of performing the state management of labour and salary, employment, vocational education and training, social insurance, occupational safety and health, people with meritorious services to the revolution, social protection, children, gender equality, prevention and control of social evils (hereinafter referred to as “labour, people with meritorious services and social affairs”) nationwide, and performing state management of public administrative services rendered in the fields and sectors within the scope of its management.

Article 2. Tasks and powers

The Ministry of Labour, War Invalids and Social Affairs of Vietnam shall perform its tasks and powers as prescribed in the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020, and the following specific tasks and powers:

1. Submit the following documents to the Government, including bills and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government according to the the Ministry 's approved annual law-making programs, and other resolutions, projects and schemes as assigned by the Government or the Prime Minister.

2. Submit national sector planning/strategies, annual, medium-term and long-term development plans, and nationally significant projects and/or works in the fields and sectors under its management to the Government or the Prime Minister.

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

4. Promulgate circulars and other legislative documents prescribing state management of the fields and sectors under its management.

5. Direct, instruct, inspect and organize the implementation of legislative documents, strategies, master plans, plans, national target programs, national programs, national action programs, nationally significant projects and/or works after they have been approved; disseminate information on and educate about laws in the fields under its management as prescribed by specialized laws.

6. Regarding labour and salary:

a) Provide guidelines for and organize the implementation of regulations of law on employment contracts, labour discipline, material responsibility, dialogue at workplace, collective bargaining, collective bargaining agreement and settlement of labour disputes;

b) Provide guidelines for the implementation of regulations of law on statutory minimum wages and salary policies for employees working at enterprises, agencies, organizations, cooperatives, households or individuals that employ other people as prescribed in the Labour Code;

c) Provide guidelines for the implementation of regulations of the Labour Code regarding female employees, minor employees, elderly employees, disabled employees, domestic workers and some other employees;

d) Provide guidelines for registration and state management of operations of representative organizations of employees in accordance with regulations of the Labour Code; perform tasks of a national contact point for labour affairs during Vietnam’s participation in international trade agreements;

dd) Provide guidelines on salaries, bonuses and remunerations paid to employees and executives of state-owned enterprises and state-invested enterprises.

7. Regarding employment:

a) Provide guidelines for and organize the implementation of regulations of law on employment; recruitment and management of Vietnamese employees; perform consistent state management of foreigners working in Vietnam;

b) Provide guidelines for and organize collection, retention, consolidation, analysis, forecasting and publishing of labour market information included in the national statistical indicator system; promulgate regulations on management, access, use and dissemination of labour market information;

c) Provide guidelines for implementation of regulations of law on organization and provision of employment services;

d) Provide guidelines for and organize the implementation of regulations of law on unemployment insurance;

dd) Provide guidelines for management and use of the National Employment Fund as prescribed by law.

8. Regarding Vietnamese guest workers:

a) Provide guidelines for and organize the implementation of regulations of law on Vietnamese guest workers;

b) Encourage expansion, stabilization and development of overseas employment market;

c) Work out and provide guidelines for implementation of plans for provision of Vietnamese guest workers; stipulate contents, programs and certificates of completion of training courses provided for workers before before they are sent to work abroad;

d) Issue decisions on issuance, re-issuance, modification or revocation of license to provide Vietnamese guest worker services in accordance with regulations of law;

dd) Organize and provide guidelines for registration of contracts by enterprises and by workers who work abroad under individual contracts; supervise the contract execution by enterprises;

e) Manage the Fund for Overseas Employment Support in accordance with regulations of law.

9. Regarding vocational education and training (except teacher training):

a) Play the leading role and cooperate with relevant ministries and regulatory authorities in instructing and organizing the implementation of regulations of law on vocational education and training;

b) Promulgate charters of vocational training colleges, secondary schools and centers; criteria for determination of high-quality training programs; criteria for classification of public vocational educational institutions in accordance with regulations of law;

c) Stipulate the management of diplomas and training certificates used in vocational education and training sector, and similar qualifications issued to graduates from overseas vocational training programs;

d) Compile and issue the list of tier-IV intermediate- and college-level training industries and occupations. Promulgate regulations on training level-based minimum volume of knowledge and capacity requirements to be satisfied by learners for graduating from vocational training programs; promulgate regulations on continuing education and other vocational training programs in accordance with regulations of law on vocational education and training;

dd) Formulate and promulgate within its competence or request competent authorities to promulgate standards for material facilities and equipment of vocational educational institutions;

e) Provide guidelines on formulation, appraisal and promulgation of national occupational skills standards; promulgate regulations on issuance of national occupational skills;

g) Manage and organize the performance of vocational education and training accreditation (except colleges providing specialized training programs in national defense and security fields);

h) Stipulate professional qualification standards of vocational education and training teachers; manage and organize training and improvement courses for vocational education and training teachers and managers as well as teachers in charge of continuing education programs;

i) Issue decisions on or grant permission for establishment, split-off, split-up, merger or dissolution of colleges, establishment of representative offices in Vietnam of foreign educational institutions or organizations, and recognition of rectors of private colleges within its competence;

k) Play the leading role and cooperate with the Ministry of National Defence of Vietnam, the Ministry of Public Security of Vietnam, and the Ministry of Education and Training of Vietnam in promulgating regulations on national defense and security education programs/contents of vocational educational institutions, and organizing the implementation thereof.

10. Regarding social insurance:

a) Provide advice about formulation, promulgation and provision of guidelines for implementation of policies and laws on social insurance;

b) Provide guidelines for and organize the implementation of policies on provision of information and reporting on social insurance; settle complaints, denunciations and impose penalties for violations against regulations of law on social insurance.

11. Regarding occupational safety and health (OSH):

a) Provide guidelines for and organize the implementation of regulations of law on OSH; working regime, working hours and rest hours; national OSH program; establishment of national profile on OSH;

b) Promulgate regulations on compensation and benefits for occupational accidents and occupational diseases; perquisites provided for employees working in contact with hazards or harmful factors;

c) Issue the list of machines, equipment, supplies and substances subject to strict OSH requirements at the request of relevant ministries in accordance with regulations of law; play the leading role in performing state management of OSH training and inspection of machines, equipment, supplies and substances subject to strict OSH requirements;

d) Play the leading role in promulgating the list of works subject to strict OSH requirements; the list of arduous, hazardous and dangerous occupations and works, and the list of extremely arduous, hazardous and dangerous occupations and works. Promulgate standards for working conditions-based classification of employees; regulations on provision of personal protective equipment for employees;

dd) Formulate national standards; promulgate national technical regulations on OSH within its competence;

e) Promulgate procedures for inspection and management of machines, equipment, supplies and substances subject to strict OSH requirements under its management;

g) Promulgate and provide guidelines for implementation of regulations on quality control of specific occupational safety products and goods in accordance with regulations of law;

h) Carry out investigation into occupational accidents; organize and instruct the collection, retention, consolidation, provision, publishing and assessment of occupational accidents and serious technical incidents threatening OSH;

i) Provide guidelines for and organize the implementation of “Occupational safety and health action month” programs.

12. Regarding people with meritorious services:

a) Provide guidelines for and organize the implementation of policies and laws on people with meritorious services to the revolution;

b) Formulate regimes, norms and methods for provision of daily living aids, orthopaedic devices and rehabilitation equipment for people with meritorious services to the revolution;

c) Promulgate regulations on management of revolutionary martyrs’ structures, formulate plans for determination of revolutionary martyrs’ structures included in relevant master plans;

d) Instruct and direct the receipt of revolutionary martyrs’ remains, identify remains of unknown revolutionary martyrs and graves of martyrs;

dd) Cooperate with relevant ministries, regulatory authorities, local governments, and socio-political organizations in launching “Đền ơn đáp nghĩa” movements, and managing “Đền ơn đáp nghĩa” fund.

13. Regarding social protection:

a) Provide guidelines for and organize the implementation of policies and laws on social support, poverty reduction, social works, the elderly, the disabled, and social protection beneficiaries;

b) Provide guidelines for and organize the implementation of national target programs, programs and schemes for social support, social works, the elderly, the disabled, and social protection beneficiaries of which the Ministry of Labour, War Invalids and Social Affairs of Vietnam acts as the supervisory authority and plays the leading role in organizing the implementation;

c) Provide guidelines for the implementation of regulations of law on standard rates of social support in community and in social support facilities;

d) Provide guidelines for registration, management and issuance of license for establishment and operation of social support facilities;

dd) Promulgate within its competence or request competent authorities to promulgate and direct the implementation of legislative documents on provision of social assistance for disaster recovery purposes.

14. Regarding children affairs:

a) Provide guidelines for and organize the implementation of regulations of law on children within the scope of the Ministry’s powers and responsibilities;

b) Play the leading role and cooperate with relevant ministries and regulatory authorities in providing guidelines for formulation and implementation of national targets, strategies and policies on children;

c) Coordinate the exercise of children’s rights; play the leading role and cooperate with relevant agencies and organizations in formulating, instructing and organizing the implementation of policies and laws on child protection and children’s participation in children-related matters, child safety and injury prevention, and nurturing care for disadvantaged children;

d) Play the leading role and cooperate with ministries, regulatory authorities, provincial governments, socio-political organizations and relevant authorities and organizations in implementing programs and plans on children, and the action month for children within its jurisdiction;

dd) Manage and use the National Fund for Vietnamese Children in accordance with regulations of law;

e) Manage the National Child Helpline.

15. Regarding prevention and control of social evils:

a) Provide guidelines for implementation of regulations of law on prostitution prevention and control; rehabilitation, post-drug rehabilitation supervision; reintegration assistance for victims of human trafficking;

b) Provide guidelines for organization and operation of rehabilitation centers, and post-rehabilitation supervision centers in accordance with regulations of law;

c) Stipulate programs on behavioral and character education, and reintegration for drug addicts;

d) Formulate and submit to competent authorities for promulgation of support policies for victims of human trafficking; provide guidelines for implementation of measures for supporting victims of human trafficking within its competence;

dd) Direct the inclusion of anti-human trafficking contents in poverty reduction, vocational education and training, employment, prevention and control of social evils, gender equality, and children programs.

16. Regarding gender equality:

a) Provide guidelines for and organize the implementation of policies and regulations on gender equality in accordance with regulations of law;

b) Play the leading role and cooperate with ministries, regulatory authorities, provincial governments, socio-political organizations and relevant authorities and organizations in implementing the action month for gender equality and gender-based violence prevention and control;

c) Prepare and submit consolidated reports on practice of gender equality to competent authorities in accordance with regulations of law.

17. Provide guidelines for and organize the performance of reporting and statistical tasks in the fields of labour, people with meritorious services and social affairs in accordance with regulations of law; establish and manage ministerial/sectoral database and statistical information systems.

18. Manage the application of information technology in the fields of labour, people with meritorious services and social affairs.

19. Manage medical activities of units that engage in labour, people with meritorious services and social affairs and provide medical services.

20. Regarding public administrative services:

a) Perform state management of public administrative services rendered in the fields and sectors within the scope of its management; manage its affiliated public administrative service providers;

b) Develop and issue economic - technical norms and cost norms (if any) as the basis for setting unit prices or prices of state-funded public administrative services in the fields and sectors under its management in accordance with regulations of law on pricing and relevant laws which shall be then used as grounds for assigning tasks, placing orders or organizing bidding for provision of public administrative services in accordance with regulations of law;

c) Formulate and promulgate quality criteria or standards of state-funded public administrative services; mechanisms for supervision, assessment and accreditation of service quality, and regulations on inspection and acceptance of implementation results of state-funded public administrative services under its management; operating results of public administrative service providers in the fields and sectors within the scope of its management;

d) Provide guidelines on salary and labour costs in prices or unit prices of public services/products and salary and labour costs in unit prices of state-funded public administrative services rendered by enterprises that are awarded contracts through ordering or bidding (or that perform tasks assigned according to specialized laws) in accordance with regulations of law on task assignment, ordering or bidding for provision of public services/products funded by state budget for recurrent expenditures;

dd) Provide guidelines for implementation of policies and laws on support for providers of public administrative services in the fields and sectors under its management.

21. Manage and organize international cooperation and international integration activities; participate in negotiation and conclusion of international conventions in the fields of labour, people with meritorious services and social affairs in accordance with regulations of law.

22. Decide and instruct the implementation of its administrative reform programs according to the objectives and contents of the state administration reform program approved by the Government or the Prime Minister.

23. Manage associations and non-governmental organizations operating in the fields of labour, people with meritorious services and social affairs in accordance with regulations of law.

24. Manage organizational structure, official payroll, number of employees, job positions, structure of official ranks, professional title-based structure of public employees; make decisions on recruitment, receipt, internal transfer, assignment, appointment, discharge, dismissal, secondment, commendation, disciplinary actions, resignation, retirement, salaries and other benefits of officials, public employees and workers under its management as prescribed; provide training and retraining for officials, public employees and workers; provide guidelines for implementation of regulations of law on standards of professional titles of specialized public employees in the fields under its management.

25. Perform scientific research tasks, and apply scientific and technological advances in the fields of labour, people with meritorious services and social affairs.

26. Carry out inspection and citizen reception tasks, settle complaints, denunciations; perform anti-corruption and misconduct tasks; practice thrift, combat against waste, and take actions against violations in accordance with regulations of law.

27. Manage financial sources and assigned assets in accordance with regulations of law.

28. Perform other tasks and powers as assigned by the Government or the Prime Minister and as prescribed by law.

Article 3. Organizational structure

1. Department of Social Insurance.

2. Department of Gender Equality.

3. Department of Legal Affairs.

4. Department of International Cooperation.

5. Department of Personnel and Organization.

6. Department of Planning - Finance.

7. Ministry Office.

8. Inspectorate.

9. Department of Industrial Relations and Wage.

10. Department of Employment.

11. Department of Overseas Labour.

12. Department of Work Safety.

13. Department of National Devotees.

14. Department of Social Assistance.

15. Department of Child Affairs.

16. Department of Social Vices Prevention and Combat.

17. Directorate of Vocational Education and Training.

18. Institute of Labour Science and Social Affairs.

19. Information Technology Center.

20. Dan Tri Newspaper.

21. Magazine of Labour and Social Affairs.

The organizations referred to in Clauses 1-17 of this Article shall assist the Minister in performing the state management functions; the organizations referred to in Clauses 18-21 are public administrative units serving the Ministry’s state management functions.

The Department of Planning – Finance is comprised of 03 divisions.

The Minister of Labour, War Invalids and Social Affairs of Vietnam shall request the Prime Minister to issue a Decision defining the functions, tasks, powers and organizational structure of the Directorate of Vocational Education and Training.

The Minister of Labour, War Invalids and Social Affairs of Vietnam shall issue decisions defining functions, tasks, powers and organizational structures of Departments, Ministry Office, Inspectorate, public administrative units and other units affiliated to the Ministry in accordance with regulations of law.

Article 4. Effect

1. This Decree comes into force from September 12, 2022.

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

Article 5. Transition

Dan Tri Online Newspaper, Newspaper of Labour and Social Affairs, and Training School for Officials, Civil Servants on Labour and Social Affairs shall continue their operations in accordance with regulations of law in force until competent authorities complete consolidation and merger procedures as prescribed.

Article 6. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of governmental agencies, and Chairpersons of provincial People’s Committees are responsible for the implementation of this Decree.